How to Challenge DUI Field Sobriety Tests Administered on Uneven Pavement or Ice in Illinois

Facing DUI charges in Chicago can be overwhelming, especially if those charges are based on field sobriety tests conducted under unfair or unreliable conditions. If you were asked to perform these tests on uneven pavement or icy streets, your case may be defensible. The Law Offices of David L. Freidberg has helped clients across Chicago and throughout Cook County challenge the legitimacy of field sobriety tests that never should have been administered in the first place. In a city known for harsh winters and aging roads, the physical environment often plays a major role in a DUI arrest.

Driving under the influence is a criminal offense in Illinois, and DUI charges can be filed as either misdemeanors or felonies depending on the facts. A first-time DUI is generally a Class A misdemeanor, carrying up to 364 days in jail and a $2,500 fine under 625 ILCS 5/11-501. However, aggravating factors such as prior DUI convictions, driving without a license, or causing bodily harm can elevate the charge to a felony, with life-altering consequences. A DUI conviction doesn’t just carry legal penalties—it can severely impact your reputation, employment, and future.

Understanding Illinois DUI Law and the Role of Field Sobriety Tests

Illinois DUI law is governed primarily by 625 ILCS 5/11-501. To arrest someone for DUI, law enforcement officers typically rely on a combination of driving behavior, physical observations, field sobriety tests, and chemical tests. Field sobriety tests are among the first tools officers use to establish probable cause for arrest.

The National Highway Traffic Safety Administration (NHTSA) has standardized three field sobriety tests: the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand. Officers are trained to administer these tests in a manner consistent with NHTSA guidelines. However, these tests assume ideal conditions—flat, dry, well-lit pavement and a sober individual with average coordination. That is rarely the reality in urban environments like Chicago.

When tests are conducted on cracked sidewalks, sloped streets, or icy roads, the results can be unreliable. In such conditions, even sober individuals may appear impaired. A critical part of any defense strategy is demonstrating that environmental conditions rendered the test invalid.

Criminal Case Initiation and the DUI Arrest Process in Illinois

DUI cases in Illinois typically begin with a traffic stop, often triggered by an officer observing erratic driving. If the officer suspects impairment, they will conduct a DUI investigation, which includes field sobriety tests and often a preliminary breath test. If you fail these assessments or refuse to participate, the officer may arrest you and transport you to the station for chemical testing.

An arrest initiates a criminal case, and charges are usually filed by the prosecutor shortly thereafter. The case proceeds through arraignment, pretrial hearings, and potentially a trial. Meanwhile, the Secretary of State may also suspend your driver’s license administratively based on the refusal or failure of a chemical test.

Under Illinois law, refusing to submit to a chemical test results in an automatic Statutory Summary Suspension under 625 ILCS 5/11-501.1. This is a civil penalty, but it can result in months of license loss regardless of the outcome of your criminal case. These consequences begin early, making it vital to act fast.

Penalties and Collateral Consequences of a DUI Conviction

The criminal penalties for DUI in Illinois escalate with each offense:

• First DUI: Class A misdemeanor, up to 1 year in jail, $2,500 fine, and license suspension
• Second DUI: Class A misdemeanor, mandatory minimum of 5 days in jail or 240 hours community service, longer license suspension
• Third DUI: Class 2 felony, 3-7 years in prison, up to $25,000 fine, lengthy license revocation

Beyond court-imposed penalties, a conviction can affect professional licenses, employment, immigration status, insurance rates, and future background checks. Convictions remain permanently on your record unless expunged under very narrow circumstances.

How Environmental Factors Undermine Field Sobriety Tests

Field sobriety tests are often performed on the side of the road, but Illinois winters make this inherently unreliable. If you were stopped during snow, rain, or freezing temperatures, the presence of ice or slush creates unsafe conditions. Even on dry days, cracked sidewalks, gravel shoulders, or uneven concrete in Chicago can create enough imbalance to cause failure.

Officers are trained to assess whether conditions are safe and suitable for testing. If they fail to account for environmental conditions, that failure can be used to challenge probable cause for arrest. An experienced DUI attorney will request police dashcam footage, body camera evidence, and dispatch logs to determine the condition of the area where the test was conducted. These environmental factors often reveal that the test results are not valid indicators of intoxication.

In a court of law, a field sobriety test must be shown to have been properly administered to be admissible. If the surface was uneven, or your shoes were inappropriate for icy conditions, or lighting made instructions difficult to follow, your attorney can argue that the test did not provide reliable evidence of impairment.

The Illinois Criminal Trial Process and the Importance of Legal Representation

The criminal process in Illinois proceeds through several phases:

1. Arraignment: You’re formally charged, and enter a plea.
2. Pretrial motions: Your attorney may file motions to suppress evidence, such as improperly conducted field sobriety tests.
3. Discovery: Both sides exchange evidence. This is where dashcam and field conditions come into play.
4. Trial: If no plea is reached, a bench or jury trial is conducted.

Each stage is critical. Without an attorney, you may not know when your rights are being violated. A lawyer ensures proper objections are raised, evidence is scrutinized, and the prosecution’s case is challenged at every turn.

Evidence in DUI Cases and the Role of Field Conditions

In DUI cases, prosecutors attempt to build their case using evidence such as:

• Dashcam and body cam footage
• Field sobriety test results
• Officer testimony
• Breath, blood, or urine test results
• Observations of slurred speech, red eyes, or odor of alcohol

However, when these observations are tainted by environmental conditions, their value plummets. For example, poor balance on icy pavement is not a reliable sign of intoxication. Your attorney must show the court that field tests were administered under conditions that made failure likely for any individual.

Legal Defenses to DUI Charges Based on Field Sobriety Tests

Several defenses may apply to DUI charges stemming from field sobriety tests:

• Improper test conditions: Uneven pavement, poor lighting, or bad weather invalidate results.
• Medical conditions: Inner ear issues, age, or injuries can mimic impairment.
• Improper administration: Officers must follow NHTSA standards.
• Lack of probable cause: If the arrest is based on flawed testing, all subsequent evidence may be thrown out.

A strong defense challenges every step the officer took. If environmental factors were ignored or documented inconsistently, your attorney can argue that the officer lacked probable cause to arrest.

Qualities to Look for in a DUI Defense Attorney in Illinois

When hiring a DUI lawyer in Illinois, look for someone with deep knowledge of Illinois DUI law, courtroom experience, and a strong reputation in Chicago courts. Choose someone who understands the science behind field sobriety testing and knows how to obtain the footage, reports, and witness statements that can expose unreliable test conditions. Make sure they have a track record of taking cases to trial, not just accepting plea deals.

Questions to Ask During Your Free Consultation

When you speak with a potential defense attorney, ask:

• Have you handled DUI cases involving bad weather or uneven pavement?
• How often do you challenge field sobriety test results?
• What steps will you take to preserve video or weather evidence?
• Can you represent me in both the criminal and license suspension cases?
• What is your courtroom experience in Cook, DuPage, and Lake Counties?

Why You Need a Criminal Defense Lawyer for DUI in Illinois

Defending yourself in a DUI case is a gamble with your future. You may not recognize when your rights have been violated, or how to challenge faulty police procedures. An experienced DUI defense lawyer will use every available legal tool to challenge the evidence against you. This is especially true when your performance on field sobriety tests was affected by snow, ice, or broken pavement. Without legal representation, your case may be built on flawed assumptions that go unchallenged.

The Law Offices of David L. Freidberg understands the conditions Chicago drivers face, and how to bring those conditions into the courtroom. We provide aggressive representation throughout every phase of your case, from initial investigation through trial.

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.