Can You Really Be Arrested for DUI in Illinois Without Failing a Sobriety Test?

Many people in Chicago believe that if you haven’t failed a breathalyzer or field sobriety test, you can’t be arrested for DUI. That’s a dangerous misunderstanding. The truth is that Illinois law allows officers to make an arrest based solely on what they claim to observe—even if there are no failed tests, no admission of drinking, and no drugs found in your system. At The Law Offices of David L. Freidberg, we’ve defended countless clients who were arrested in situations like this and helped them avoid harsh penalties by aggressively challenging the officer’s narrative.

How DUI Arrests Can Happen Without Test Failures

Illinois statute 625 ILCS 5/11-501 outlines the state’s DUI laws. Under this statute, a person can be arrested if they are in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof. Importantly, the law does not require a failed chemical test. That means if an officer believes you appear intoxicated, you can be taken into custody even if you refuse testing or pass field evaluations.

Many DUI arrests stem from traffic stops for minor violations such as speeding, a broken tail light, or improper lane usage. Once pulled over, if the officer notices anything they interpret as impairment—bloodshot eyes, an odor of alcohol, slow responses, fumbling for documents—they may initiate a DUI investigation. Even things like being overly nervous, sweaty, or having an unusual speech pattern can be cited as signs of impairment. In these cases, the officer might arrest you before you’ve even had a chance to take a field sobriety or breath test.

Subjective Observations Often Lead to Misinterpretations

The problem with these types of arrests is the heavy reliance on subjective judgment. There’s no universal standard for determining if someone “looks impaired.” Officers receive training, but bias, fatigue, and flawed assumptions play a major role. For example, if you’re diabetic, experiencing low blood sugar can mimic intoxication symptoms. Allergies can cause red eyes. Fatigue or anxiety can affect your coordination and demeanor.

Unfortunately, once an officer has made up their mind, it can be difficult to undo that assumption. Bodycam footage, if available, can sometimes disprove the arresting officer’s claims. But not all patrols use this technology. Without video or objective test results, your case becomes your word versus the officer’s—a scenario where you need a criminal defense attorney who knows how to dismantle weak accusations.

The Legal Process After a DUI Arrest in Chicago

If you’re arrested in Chicago for DUI, even without a test failure, the legal process moves quickly. First, you may receive a Notice of Statutory Summary Suspension of your license under Illinois’s implied consent law (625 ILCS 5/11-501.1). This happens regardless of whether you submitted to testing.

You will also be given a court date for the criminal DUI charge. If this is your first offense and no aggravating factors exist, you’re likely facing a Class A misdemeanor. That can mean up to 12 months in jail, a $2,500 fine, mandatory alcohol education, and court supervision. However, if there are prior DUIs, a minor in the car, or an injury involved, your charges could escalate to a felony. In some cases, a DUI conviction can result in long-term license revocation and vehicle forfeiture.

How the Case Is Prosecuted Without a Failed Test

The prosecution will build its case using every available piece of evidence, even if you didn’t fail a test. The officer’s written report becomes the foundation of the State’s argument. That report may include claims such as:

• The driver had glassy, bloodshot eyes
• There was a strong odor of alcohol
• The driver was confused or fumbled documents
• The driver admitted to having “a couple of drinks”
• The driver’s speech was slurred

If the officer administered field sobriety tests and you didn’t “fail,” they may still allege you exhibited “clues of impairment.” These are vague indicators used to justify arrest, such as not standing perfectly still or pausing too long before starting a task.

Prosecutors may also use dashcam or bodycam footage if it supports the officer’s report. Without it, the entire case rests on testimony and subjective interpretation. That’s why it’s essential to have an attorney who can uncover inconsistencies, file motions to suppress improper evidence, and demand accountability from the arresting officer.

Real-Life Consequences of a DUI Arrest Without Test Evidence

It’s a common misconception that being arrested without failed tests is less serious. In reality, the criminal penalties are exactly the same. If convicted, your record will reflect a DUI offense. You’ll face possible jail time, license suspension, court-ordered alcohol classes, fines, and a stigma that follows you into employment background checks, insurance renewals, and future legal matters.

You may also face personal consequences. Employers may terminate your position, especially if your job involves driving. Professional licenses may be suspended. If you’re a student, your school could take disciplinary action. These long-term impacts are why it’s critical not to assume you can handle the situation alone.

Defending Against a DUI Without Failed Testing

At The Law Offices of David L. Freidberg, we carefully review every piece of evidence, including the arresting officer’s report, audio and video footage (if available), dispatch logs, and the timeline of the stop. We often uncover key issues such as:

• The officer lacked probable cause for the initial traffic stop
• Signs of impairment were not consistent with intoxication
• Field sobriety tests were improperly administered
• The officer exaggerated the driver’s behavior

If we can show that the officer’s claims were unsubstantiated or contradicted by video or other witnesses, we can push for a dismissal or reduction of charges. We’ve also helped clients avoid license suspension by winning their Statutory Summary Suspension hearing.

Why Hiring a DUI Lawyer Is Essential

When you’re accused based only on appearance or behavior, you need a legal professional who can challenge the credibility of those claims. A DUI arrest, even without a breath test, can still end in a conviction if you don’t mount a strong defense. You need someone who understands how Cook County prosecutors operate, how judges evaluate DUI claims, and how to introduce reasonable doubt.

At our firm, we treat every case with the seriousness it deserves. We’ve seen how even first-time offenses can derail someone’s future, and we fight hard to keep that from happening.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.