Field sobriety tests are a common tool used by law enforcement in Illinois to determine if a driver is under the influence of alcohol or drugs. These tests, which often include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus, are designed to assess a driver’s physical and cognitive abilities. However, many drivers are unaware of their rights and the implications of taking or refusing these tests.
If you’ve been subjected to a field sobriety test in Illinois, it’s essential to know your legal options and how to protect your rights. Our experienced DUI defense lawyers in Rolling Meadows can provide you with the guidance and representation you need to navigate the complexities of your case. Call us at (847) 359-4005 for a free consultation to discuss your situation and learn how we can help you build a strong defense.
Purpose of Field Sobriety Testing
The purpose of sobriety tests is to provide police officers with a way to determine if someone is under the influence of alcohol on the scene. This can help to speed up the handling of the incident and reduce the need to take someone into the station to administer a blood test or breathalyzer.
Types of Field Sobriety Tests Used in Illinois
In the state of Illinois, there are a couple of different sobriety tests that are commonly used. The idea behind these tests is that the average person should be able to perform them successfully if they are not under the influence.
Before administering them, the officers should ask you if you have any medical conditions that could prevent you from performing the tests successfully.
Standardized Field Sobriety Tests (SFSTs)
These tests are standardized by the U.S. Department of Transportation and described in the NHTSA Manual. This means that there is a correct method to apply them to ensure accuracy of arrest decisions.
Walk and Turn Test
The walk-and-turn test is one of the most common tests you’ll see used. This test is meant to show if someone is having issues with their balance and coordination as a result of elevated blood alcohol levels.
If the person is not able to walk in a straight line and turn in a smooth, coordinated manner, this can signal to the police officer that the person may be intoxicated.
Horizontal Gaze Nystagmus Test
Another test officers will use is the horizontal gaze nystagmus test. In this test, the officer will take a pen or pen light at eye level and ask you to follow it with your eyes horizontally. While you do this, the officer will be looking to ensure you can smoothly follow the light.
If you are unable to and your eyes cannot maintain a smooth path, this is called distinct nystagmus and is another sign that your blood alcohol concentration is over the legal limit.
One-Leg Stand Test
The third standardized test they will ask you to perform is the one-leg stand test. This test is meant to test your balance while you stand on one foot with your eyes closed for approximately 30 seconds.
If you are unable to complete this test, it suggests that you are not sober enough to operate a motor vehicle. This is why it is so important to state if you have any medical conditions that could impede you from completing the test successfully. If you do not do so, it could result in a sober individual being charged with a DUI.
Non-Standardized Field Sobriety Tests
If you are pulled over, the officer may also perform what are known as non-standardized field sobriety tests. These tests are not considered to be reliable indicators of ethanol intoxication. This means that they are far less likely to result in correct arrest decisions.
Finger-to-Nose Test
The finger-to-nose test is another sobriety test that law enforcement officers might use. With this test, you will be required to close your eyes and touch your nose with your index finger. You will likely be required to repeat this a couple of times.
If you are unable to touch your nose and miss it by quite a bit, this can be perceived as evidence of intoxication.
Romberg Balance Test
The Romberg Balance Test is a test that will test your balance, something that is impacted by a high blood alcohol concentration.
For this test, you will have to stand with your feet together for some time and then close your eyes and keep your balance. Having balance issues or having to significantly use your arms for balance is a sign of impairment from alcohol.
Finger Count Test
The finger count test involves holding one hand out, palm up, and then touching each finger to your thumb while counting. This is also meant to show if you have any signs of impairment.
Administration and Accuracy of Field Sobriety Testing
When it comes to field sobriety testing, the administration of field sobriety exams is crucial if they are to be an effective method. Since they are administered and observed by the officers, their accuracy is entirely based on the ability of officers to administer the tests correctly.
How FST Results are Used in DUI Cases
In a DUI case, the prosecutors will likely use the results of the tests as evidence of impairment from the ingestion of alcohol.
Your legal representation will likely take this as an opportunity to argue against the admissibility of field sobriety testing. A good criminal defense attorney will cite scientific evidence showing the lack of reliability in how these tests determine the sobriety of individuals. Along with other factors from the arrest, they will use this information to advocate for your innocence.
Due to many factors including the terrain and any physical ailments, a sober individual may still be unable to complete the so-called field sobriety tests. This can result in sober people being arrested and charged with a DUI. Drunk driving defense attorneys understand this and know how to make an argument on your behalf.
Right to Refuse an FST
When you are pulled over for suspected alcohol impairment, they will most likely ask you to perform one or more of these tests. Based on the suspect’s performance of these tests, the officer will decide whether or not they are showing indicators of intoxication.
However, you have the right to refuse field sobriety tests if the officer asks you to perform them and in many cases, it is in your best interest to refuse the test. After all, the maximum deviation of accuracy in these tests is pretty high which can lead to an inaccurate result and inaccurate charges.
Consequences of Refusal
If you do choose to refuse the test, you may still be arrested based on the suspicion of alcohol intoxication. This can result in being taken to the station to be written up and they will likely request a chemical test at that point.
This can make it tempting to just do the test so you don’t have to go to the station but keep in mind that without the test they have one less piece of evidence that they can use against you.
Call Dohman Law if You Are Facing a DUI
Being arrested for a DUI is a big deal and can result in your driving privileges being revoked with a statutory summary suspension. This is why it is so important to understand what can happen during a DUI arrest and what your rights are in terms of what you can refuse, and what you cannot.
If you have been arrested for a DUI and don’t know the next steps to take, contact us here at Dohman Law. We will schedule a free initial consultation and provide the best possible defense counsel for your case.
