Unfair Ground, Unfair Test — Fighting DUI Charges in Illinois When Field Sobriety Tests Are Flawed

Cold, uneven, or broken pavement is more than just uncomfortable. It’s dangerous — especially when you’re being asked by a police officer to stand on one leg or walk a straight line after being pulled over in Chicago. If you’re arrested and charged with DUI based on field sobriety tests done on ice or cracked concrete, you may have a strong argument that the test wasn’t fair or reliable. In Illinois, those conditions matter. And with the right legal defense, you can challenge the entire foundation of the charge against you.

As a DUI defense lawyer based in Chicago, I’ve seen firsthand how Illinois weather and urban infrastructure can create an impossible environment for these so-called standardized tests. When the police choose to perform a roadside evaluation on a sloped shoulder near a construction site or in freezing rain, the results of the test can easily be thrown into question. Your balance, coordination, and focus may be compromised — but not because of alcohol. And that distinction is what can mean the difference between conviction and dismissal.

Field sobriety tests are voluntary in Illinois, but officers rarely explain that clearly during the stop. These tests, which include the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus, are meant to help the officer establish probable cause for a DUI arrest. Yet none of these tests were designed to account for environmental challenges like icy roads, high heels on cracked sidewalks, or darkness on a shoulder littered with broken glass and debris. Unfortunately, that doesn’t stop officers from using them — or prosecutors from relying on them.

Illinois law doesn’t require the perfect environment for a field sobriety test, but it does require reasonable conditions. That means if the test was performed in a place or manner that made it unfair — such as a snow-covered stretch of lower Wacker Drive or a steep alley behind a bar in Pilsen — your defense lawyer can present strong arguments to suppress the results. The legal authority to do so falls under 725 ILCS 5/114-12, which allows your defense to file a motion to exclude evidence gathered in violation of your rights or based on unreliable procedures.

Another crucial factor is that the results of these field tests are not objective. Unlike a breath or blood test, which produces a numerical result, field sobriety tests rely heavily on the officer’s interpretation. If the officer is biased, poorly trained, or operating under pressure, their assessment of your performance may be flawed. That’s especially true if the test conditions were poor. We often subpoena body cam and dash cam footage, pull weather records, and visit the arrest location ourselves to gather evidence showing the field sobriety test was unreliable from the start.

Chicago drivers should also be aware that environmental defenses are especially important in winter months. Illinois has long, cold winters — and our courts recognize the hazards that come with that. If your arrest occurred in sub-freezing temperatures or while snow was actively falling, we can show how those conditions may have impacted your performance. And if you were wearing inappropriate footwear for an impromptu “balance test” — like dress shoes, boots, or heels — it makes the state’s case even weaker.

If you’re convicted of DUI in Illinois under 625 ILCS 5/11-501, you face serious consequences. First-time offenders can lose their license for a year, pay thousands in fines, attend mandatory alcohol education programs, and even serve jail time. If you already have a prior conviction or were driving with a suspended license or a minor in the car, the charges could be elevated to a felony — and the penalties increase significantly. Under 730 ILCS 5/5-4.5-35, a third DUI is a Class 2 felony, carrying a sentence of 3–7 years in prison and up to $25,000 in fines.

These are not penalties to take lightly. But remember: charges are not the same as convictions. And just because an officer believes you were impaired does not make it legally true. That’s why having a criminal defense attorney at every stage of the case — from arraignment through pretrial motions and trial — can be the most important decision you make. Without legal representation, you risk missing out on critical defense opportunities, including the chance to suppress unreliable test results.

One of the most powerful defenses to a DUI case involving unfair FST conditions is the “innocent explanation” defense. This strategy centers around showing the judge or jury that your behavior had a reasonable, non-alcohol-related cause. For instance, slipping on ice while turning or swaying during the One-Leg Stand could just as easily be the result of unstable footing as it could be alcohol. We often enhance this argument with visual aids — including maps, photos, and even meteorological reports from the arrest date.

The value of video cannot be overstated. Most squad cars in the Chicago Police Department are equipped with dash cams, and many officers wear body cameras. These videos often capture the FSTs and surrounding conditions — and they can be a goldmine for your defense. We’ve had cases where video footage clearly showed our clients were being asked to perform on ground visibly covered in ice or littered with debris, directly undermining the officer’s claim that the tests were fair and the results valid.

When you hire a DUI defense lawyer, make sure they’re willing to question every piece of evidence — including the test environment. Your attorney should review all arrest footage, request maintenance records for any breathalyzer used, interview witnesses, and file all appropriate motions under the Illinois Code of Criminal Procedure. They should also understand how to challenge FSTs under the Daubert standard, which requires scientific reliability and relevance — something that slippery concrete or a steep incline undermines completely.

When you meet with a DUI defense lawyer for the first time, ask direct questions. Ask whether they’ve had field sobriety test evidence excluded in past cases. Ask how they analyze video and scene conditions. Ask whether they’re familiar with the particular roadway or neighborhood where your arrest occurred. In my practice, we’ve defended clients stopped on North Avenue, pulled over on icy Clark Street, and even arrested near expressway onramps where the testing area was uneven, tilted, and surrounded by traffic hazards.

Your freedom, driving privileges, and record are on the line. And the law allows you to fight back — especially if your so-called failure on a field test was the result of Chicago’s weather, not your choices.

If you or someone you love is facing DUI charges in Cook County, DuPage County, Lake County, or Will County after being subjected to an unfair roadside test, you should speak to a qualified defense lawyer immediately. These tests may appear scientific, but they often fall apart under close inspection — especially when conducted on winter ice or broken sidewalk slabs. Don’t let bad weather decide your future.

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

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.