DUI Field Sobriety Tests in Illinois

Reader’s Question:

If in case I am stopped for DUI in Arlington Heights, Illinois, what do you think I should do if a police officer asks me to watch his pen or do physical agility tests?

Herman

Arlington Heights, IL

You have to remember that if you are stopped for DUI in Arlington Heights, Illinois, you don’t have an obligation whatsoever to submit to any physical tests like watching a pen, walking a line or balancing on one leg. There would be no legal penalty for refusing these kinds of tests. The officer might tell you that you will be arrested if you refuse to do the tests and don’t fall for a line like that. You could be arrested when you refuse, but the police officer has already decided to arrest you before he asked you to do the tests. It could help a lot in your DUI defense if you politely and respectfully decline the tests prior to consulting with a lawyer.

Regardless of how well you might think you would do on the tests, you would learn you failed the tests. Even police officers who have already done the tests hundreds of times fail to administer the tests by the book. If the police officer asks you to perform the tests for him, politely tell the officer that you should speak to a lawyer before deciding if you would perform any test the officer might ask you.

Should I Just Plea Guilty to My DUI Charge in Illinois?

Reader’s Question:

I was lead in to the assumption that DUI cases could not be won that’s why I am thinking of just pleading guilty to my DUI charge here in Joliet, Illinois. Would it better if I do just that rather than fighting my case?

Floyd

Joliet, IL

The assumption that DUI cases could not be won should be entirely disregarded, and don’t ask why. Just kidding. I understand that you may think that DUI is a very complicated matter and there’s no way out of it. That’s just normal but there are a lot of things that you should consider before you plead guilty on your DUI case in Illinois. There are certain things that are at stake here such as your driving privileges and your freedom, not to mention having insurance rates increase and the fees that you will pay. Don’t lose these things without putting up a good fight because you would never really know what happens next.

There are a lot of challenges that could be brought out by a good DUI defense lawyer in order for you to win your DUI case. The DUI lawyer could start at the location of the arrest, to the field sobriety tests, to having you in custody, to the chemical tests, to your detention and so on and so forth. Think about these things before giving up a lot of things and just plead guilty to your DUI charge.

Talk to a DUI attorney NOW!

DUI Field Sobriety Tests in Illinois

Reader’s Question:

I was often told that if I will be stopped for DUI here in Springfield, Illinois, I should not take any field sobriety tests because it will not be against the law if I to refuse to take it. If that is the case, why do police officers still ask a person suspected for DUI to do it instead of asking to take chemical test?

Caiden

Springfield, IL

Field Sobriety Tests (FST’s) are psychophysical tests used to evaluate an individual’s physical and/or mental impairment. FST’s focus on the skills that are needed for safe driving. Most of the FST’s known to be more ‘reliable’ psychophysical tests are known as “divided attention” tasks. This kind of FST would require an individual to concentrate on more than one task at the same time. A driver needs to drive safely a car by simultaneously control steering, breaking, and acceleration; react to constantly changing driving environment; and perform many other tasks.

Alcohol affects an individual’s ability to adequately divide attention, thus causing drivers to concentrate on more difficult tasks while ignoring simpler ones. Even when impaired, most of us can successfully concentrate on a single task fairly well, but most drivers could not successfully divide their attention between multiple tasks at once. What you have been told is right that if you will be stopped for DUI suspicion in Springfield, Illinois, you don’t necessarily have to submit to FST’s. The sole reason why police officers ask someone to take these tests is to create a probable cause for a DUI arrest and also to gather evidence that can be used in a DUI court case trial.

Illinois DUI Traffic Stop – Why Was I Stopped?

Reader’s Question:

When I was arrested for DUI here in Evanston, Illinois, I really didn’t understand why the officer asked me to pull over. I don’t remember that I committed any traffic violation. What are the possible reasons why an officer could ask a driver to pull over because of a DUI suspicion?

Bonnie

Evanston, IL

On your DUI arrest in Evanston,, the police officer should have had a ‘reasonable suspicion’ to pull you over. It may constitute a ‘reasonable suspicion’ if the police officer observed that your vehicle was swerving over lanes. Similarly, if you were driving with a broken headlight, broken taillight, driving too fast or even with your high-beams on (in traffic), that could also be sufficient ‘reasonable suspicion’ to pull you over. But if after an investigation of your DUI case that it is discovered that your broken taillight was nothing more than a crack in the red plastic, or if you were driving with your high-beams on and a significant distance from other vehicles, the DUI stop would be considered illegal and an appropriate motion to suppress and could result in an order excluding all evidence after the illegal stop.

The evidence that can be excluded would be the police officer’s observations, breath test results, field sobriety tests and anything else that the state attorney might rely on to obtain a conviction. It has also been found that minor swerving within lanes could be an insufficient reason for an officer to stop your vehicle. Similarly, since newer vehicles are equipped with three or more tail lights, a DUI stop for a malfunctioning tail light is improper if two of the three tail lights on your vehicle were operating properly

Possible Illinois DUI Defenses?

Reader’s Question:

My cousin is thinking about getting a DUI lawyer to help him on his DUI charge in Illinois. What are the possible defenses that he can use on his DUI case?

Floyd

Skokie, IL

There are a lot of challenges and defenses that your cousin could use on his DUI case in Illinois. So let’s start with the challenges to the DUI stop. First of all, he can use as a defense that the officer didn’t have a valid reason to pull your cousin over or no police officer actually saw your cousin driving. Another defense is with regard to the challenges on probable cause to arrest your cousin if the officer didn’t have enough reason to arrest and if the officer didn’t use proper technique and graded him unfairly.

Next are the motions to suppress evidence like if the Miranda Fifth Amendment rights were violated and if your cousin was not warned of his implied consent rights. Evidence can also be suppressed if the police officer searched the vehicle illegally and coerced your cousin into performing field sobriety tests. The police officer could have manufactured the evidence and a good DUI lawyer can definitely find out about it.

Illinois DUI Field Sobriety Tests

Reader’s Question:

A friend of mine is suffering from vertigo which is a type of dizziness. He was arrested for DUI in Illinois and failed the field sobriety tests. My assumption is that he cannot perform the tests well because of his health problem. Can he actually use this as a defense?

Warren

Decatur, IL

The walk and turn and the one leg stand are two of the three Standardized Field Sobriety Tests (SFST’s) which are premised on the assumption that people who are not under the influence of alcohol or drugs can perform the tests satisfactorily. But a lot of people do not have particularly good balance and there are also those who suffer from a balance disorder.

An individual has difficulty maintaining orientation when balance is impaired. An example is that the individual may experience the “room spinning” and may not be able to walk without staggering or may not even be able to arise. A symptom which a person with a balance disorder may experience a sensation of dizziness or vertigo. Some reactions to this symptom are depression, decreased concentration and fatigue. This symptom may last for a longer period of time or appear and disappear over short time periods. Since vertigo is usually associated with a problem in the inner ear balance mechanisms, this may greatly affect the results of walk and turn and one leg stand. Thus, your friend can use that as a defense in his DUI charge in Decatur, Illinois.

Convicted of Drunk Driving In Illinois?

Reader’s Question:

I know someone who has been charged with DUI here in Illinois. He’s in trial right now and by the looks of it, he will be convicted but he’s lawyer is doing everything to at least shorten the jail time and reduce the fines. I wanna make sure that the same thing will not happen to me. I don’t deny that I have been drunk or maybe drove under the influence of alcohol once or twice. What advice could you give me if I will be caught drunk driving?

Jackie

Springfield, IL

It is unlawful to drive under the influence of alcohol or drugs in Illinois. It is strongly advised that people should not drive alone while in an intoxicated condition. Drivers who are caught doing this are charged with a criminal offense. It is very important that you know what to do if you are stopped by a patrol officer on a DUI suspicion.

In case you can’t avoid drinking and getting behind the wheel, you should have a favorable witness along with you in your car. Eye drops should be applied to mask bloodshot eyes, which strongly imply a person’s drunken condition. If you will be caught drunk driving, you should not take a portable breath test or any field sobriety tests (FST) while in an intoxicated condition because you are not required by law to do so. You should also indicate that you are confused about your legal rights. You should be advised by the officer to ask for a lawyer before questioning and after Miranda warnings are given. You should not information as to how much you have been drinking and what you were drinking. All implied consent warnings should be fully read to you by the police officer. You should also be polite and courteous regardless of how rude a police officer may be towards you. While blowing into the Breath analyzer, you should not blow hard because blowing hard may reflect a higher than normal reading.

Lastly, if in any unavoidable circumstance that you will be charged with DUI, make sure that you consult and hire an experienced Illinois DUI lawyer to give you detailed advice, to represent you, and to make sure everything will be done for you to avoid serving in jail and hefty fines.

Failed Breath Test Should I Hire a DUI Attorney in Illinois?

Reader’s Question:

I took the DUI breath test and it was over the limit. Do I still get a chance with my case? Should I hire a lawyer?

John

Thank you for asking John.

There is always hope if your DUI lawyer is experienced of those numbers and knows all the ways those numbers can be wrong. The DUI breath test being used by police officers in Illinois does not measure alcohol specifically, and can make many types of errors and mistakes. According to the National Highway Traffic and Safety Administration (NHTSA), field sobriety tests are only 65% reliable, and breath, blood and urine testing can be similarly unreliable. Some of the factors that can lead to inaccurate results include improper administration, faulty equipment, faulty analysis and other factors.

An experienced and expert DUI lawyer knows how to examine the breath testing records to determine whether the machine that produced it was working improperly or if there are other reasons to believe the number it printed out was inaccurate.

Goodluck!

MariCAR