Should I Hire a DUI Attorney If I Refuse a Field Sobriety Test in Illinois?

Chicago is a city known for its vibrant nightlife, world-class dining, and miles of lakefront entertainment. But with that lifestyle comes increased DUI enforcement, especially late at night and on weekends. If you’ve been pulled over in Chicago and refused a field sobriety test, you’re likely feeling uncertain about what happens next. You might even be wondering if hiring a lawyer is necessary. Here’s the truth—refusing a field sobriety test doesn’t make your case go away. In fact, it may complicate it.

In Illinois, DUI charges are prosecuted aggressively—even when there’s no chemical test result or when a driver refuses a roadside sobriety test. And if you’re charged in Cook County, you’ll face prosecutors who know how to build a case based on the officer’s observations alone. That’s why hiring a DUI defense attorney isn’t just smart—it’s essential.

Understanding DUI and Field Sobriety Test Refusals in Illinois

Under Illinois law, a person can be charged with DUI in multiple ways. The most well-known is driving with a blood alcohol content (BAC) of 0.08% or more. But Illinois law also allows for a DUI arrest when a driver is allegedly impaired by drugs or alcohol, regardless of BAC, under 625 ILCS 5/11-501(a)(2). That includes cases where the driver refuses both the breath test and the field sobriety tests. The officer can—and often will—testify that your behavior, speech, eyes, or driving suggested you were under the influence.

Refusing a standardized field sobriety test (SFST) does not automatically mean you will be convicted. In fact, these tests are not required by law, and there is no criminal penalty for refusing them. But prosecutors will attempt to use the refusal against you by arguing that you refused because you were impaired. Officers may rely more heavily on their observations—slurred speech, unsteady walking, bloodshot eyes—to justify the arrest and support the charges.

Importantly, refusing a field sobriety test does not stop the DUI investigation. The officer can still ask you to take a breathalyzer, and if you refuse that as well, you could face a statutory summary suspension under 625 ILCS 5/11-501.1. That suspension can last a year for a first offense and longer for repeat offenses.

What Happens After a Field Sobriety Test Refusal? Arrest, Charges, and Statutory Penalties

When you refuse field sobriety tests during a DUI stop, the officer must decide whether there is enough other evidence to arrest you. In Chicago, most DUI investigations involve dashcam footage, body-worn camera video, and a detailed narrative report by the arresting officer. If you refused the tests but still showed signs of impairment, the officer can still arrest you for DUI under Illinois law.

Once arrested, you’ll be processed at the station and booked into custody. If you also refuse chemical testing, the Secretary of State will automatically suspend your driver’s license for one year, even before your case is resolved. This is known as a statutory summary suspension, and it begins on the 46th day after your arrest unless it is challenged in court.

The criminal charge of DUI itself is typically filed as a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500. If this is a second offense, or if there was a child in the vehicle, or someone was injured, the charge may be elevated to a felony under 625 ILCS 5/11-501(d).

The most critical thing to understand is this: even without a chemical test result, prosecutors can move forward with your case. They’ll rely on police testimony, dashcam video, and circumstantial evidence. That’s why refusing field sobriety tests doesn’t insulate you from prosecution—it simply shifts the way the case will be argued.

The Criminal Trial Process in DUI Refusal Cases

The criminal court process begins shortly after the arrest. You’ll attend an arraignment hearing at the Cook County Criminal Court where you’ll be formally charged. Your attorney can enter a not guilty plea and begin pretrial motions, including a petition to rescind the statutory suspension under 625 ILCS 5/2-118.1. This is often the first opportunity to challenge the stop, the refusal, or the officer’s basis for arrest.

Following arraignment, your lawyer will begin reviewing all discovery. This includes video footage, police reports, calibration records for breath testing devices (if applicable), and any witness statements. Pretrial hearings may involve motions to suppress illegally obtained evidence, and in some cases, a motion to dismiss may be appropriate if the officer lacked probable cause.

At trial, the State must prove beyond a reasonable doubt that you were in actual physical control of a motor vehicle while under the influence. Without a breath or blood test, this typically means the prosecution relies on the officer’s statements about your appearance, your driving behavior, and your refusal. This is why challenging the officer’s credibility, training, and procedures becomes critical.

What Police Use When There’s No Field Sobriety Test

In DUI refusal cases, law enforcement builds its case with several alternative pieces of evidence. These can include:

• Bodycam or dashcam video showing your physical demeanor or speech
• Officer observations about odor of alcohol, fumbling with license or registration, and bloodshot eyes
• Statements you made during the stop
• Witness reports from other drivers or passengers
• Driving behavior such as weaving, speeding, or crossing lanes

Even without a breathalyzer or field test, this evidence can be enough to file charges. But without chemical proof, the case becomes more subjective. This opens the door for skilled cross-examination and strong legal challenges.

Why You Need a DUI Defense Lawyer for Refusal Cases

DUI refusal cases are often more defensible than cases with a BAC of 0.08% or higher. But you still need an experienced attorney who understands how to expose weak evidence, file aggressive motions, and present you in the best possible light in court.

A DUI lawyer can help you fight the statutory license suspension, challenge the officer’s observations, and argue for reduced charges, court supervision, or a dismissal. They can also pursue alternative sentencing options such as first-offender programs or treatment-based probation, depending on your history and the facts of the case.

Without representation, you face the full weight of Cook County prosecutors who know how to convict based solely on officer testimony. A lawyer protects your rights, your license, your job, and your criminal record.

Defense Strategies When You Refuse a Field Sobriety Test

Several potential legal defenses may apply in a DUI refusal case:

Your attorney may challenge whether the officer had probable cause to initiate the stop in the first place. If the stop was unlawful, all evidence gathered afterward—including your refusal—can be suppressed.

If the officer failed to read your Miranda rights before custodial interrogation, your statements may be excluded.

If the officer did not follow proper arrest procedures, or exaggerated their observations, your attorney can file a motion to suppress or seek to impeach the officer’s credibility at trial.

A refusal to perform sobriety tests does not prove impairment. Your attorney may argue that you declined due to medical conditions, nervousness, or lack of trust in the process. These explanations can be persuasive with a judge or jury.

What to Look For in a DUI Attorney in Chicago

When choosing a DUI defense attorney in Chicago, look for someone who practices DUI defense regularly in Cook County. Your lawyer should be familiar with the judges, prosecutors, and courtroom procedures in the Daley Center and surrounding court districts.

You want an attorney who can explain things clearly, responds promptly, and is willing to fight for you at every stage. Avoid firms that hand your case off to junior staff or treat you like just another file number. Ask about their recent case outcomes, trial experience, and comfort handling refusal-based prosecutions.

Questions to Ask at Your Free DUI Consultation

When you sit down with a DUI lawyer for a free consultation, don’t be afraid to ask detailed questions. Some good ones include:

Have you handled DUI refusal cases before in Cook County?

What are the chances of beating the license suspension?

Will you be the one actually handling my case in court?

What defenses do you see based on the facts I’ve provided?

How long will this process take and what are my goals?

Your lawyer should be transparent, strategic, and focused on your outcome—not just closing the case as quickly as possible.

Frequently Asked Questions About DUI Refusals in Chicago

Can I be convicted of DUI without a field sobriety test?
Yes. Prosecutors can use officer observations and video footage to argue impairment. While chemical test refusals make their case harder, they do not prevent charges.

Will I lose my license automatically if I refuse the test?
You face a statutory suspension, but you can fight it. Your attorney can file a petition to rescind the suspension and request a hearing within 90 days.

Is it better to refuse the field sobriety test or take it?
Field sobriety tests are voluntary and subjective. Many drivers fail them even when sober. While refusal has consequences, it may prevent the officer from gathering damaging evidence.

What are the penalties for a first-time DUI with a refusal?
First offenses are Class A misdemeanors. You may face up to a year in jail, fines, court supervision, license suspension, and mandatory alcohol education classes.

Do I need a lawyer even for a first offense?
Absolutely. Even a first DUI can affect your job, insurance, and criminal record. A lawyer can often negotiate better outcomes or get the charges dismissed.

Why You Need The Law Offices of David L. Freidberg on Your Side

DUI refusal cases require a focused legal strategy and deep understanding of Illinois law. At The Law Offices of David L. Freidberg, we have helped thousands of drivers throughout Chicago and the suburbs avoid the worst consequences of DUI charges—even in refusal situations.

We provide 24/7 availability, free consultations, and aggressive courtroom defense. Whether your goal is to beat the charges entirely, save your license, or avoid a permanent record, we’re ready to go to work for you.

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. Please be sure to ready our courtroom victories and testimonials.