Breathalyzers and Field Sobriety Tests are some of the most powerful tools law enforcement uses to gather evidence in DUI cases. In Illinois, these tests are critical in building a case against individuals suspected of driving under the influence. If a law enforcement officer believes a driver is impaired by drugs or alcohol, they may pull them over and request that the driver undergo a Field Sobriety Test or a breathalyzer test.
While you are not legally required to do either of these tests in Illinois, the state operates under the principle of implied consent, which is applied when you get a driver’s license. This means that there is an understanding between the individual and the state that if you are suspected of driving under the influence (DUI), refusing any chemical test will result in a penalty. However, when it comes to field sobriety tests, refusing to participate can work in your favor, as these tests are highly subjective and can sometimes be used unfairly against you.
In this guide, we’ll explore the details of breathalyzers and field sobriety tests, how they work, and how they can affect your DUI case in Illinois.
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DUI Laws in Illinois
A DUI conviction is far more than a slap on the wrist. It can have life-altering consequences as it results in an indefinite revocation of your driver’s license, affecting your daily life, employment opportunities, and insurance premiums and leaving a lasting mark on your permanent record.
Before answering questions like, “Can you refuse a breathalyzer test in Illinois?” It’s important to understand what constitutes driving under the influence. In Illinois, a blood alcohol content (BAC) level of 0.08% or higher will result in a DUI.
However, DUI charges aren’t limited to alcohol. Drivers can also face charges if they are impaired by illegal substances or prescription medications. For example, if a driver has a cannabis or tetrahydrocannabinol (THC) concentration of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of another bodily substance, they can be charged with a DUI.
Law enforcement officials may rely on a range of chemical tests and other measures to determine impairment levels.
Commercial drivers face stricter standards, with a BAC limit of 0.04% while driving their commercial vehicle in Illinois. Drivers under the age of 21 are subject to a zero-tolerance policy, meaning any detectable level of alcohol in their system while operating a vehicle can lead to penalties.
DUI Penalties
If you are charged with a DUI in Illinois, your license is likely set to be suspended on the 46th day after your arrest. DUI charges carry various penalties depending on the severity of the offense:
First-Time Offense: Fines of up to $2,500, up to one year in jail, and a possible license suspension for one year.
Second Offense: Harsher penalties, including increased fines, longer jail sentences, and extended license suspension periods.
A third DUI offense is classified as a Class 2 Felony, with penalties including:
- Fines of up to $25,000.
- Up to seven years in jail.
- Up to 10-year license suspension.
Aggravated Charges
Certain factors elevate a DUI to an aggravated DUI, resulting in more severe consequences. These include:
- Causing an accident that results in death or bodily harm.
- Driving under the influence with a passenger under the age of 16.
- Other circumstances such as driving a school bus while impaired.
- Aggravated charges, leading to longer sentences, higher fines, and extended license revocation periods as a reflection of the seriousness of these offenses.
Illinois Consent Law
Illinois operates under an implied consent law. When you obtain a driver’s license, the state assumes you consent to a chemical test. This testing can include breath, blood, or urine tests to determine the presence of alcohol, drugs, or other intoxicating substances in your system while operating a vehicle.
While you can refuse a breathalyzer test, refusal results in suspension of your license for one year under Illinois law.
Deciding whether or not to take a breathalyzer test can be a challenging decision. There are two issues you have to consider:
- License suspension: License suspension is set to happen when charged with DUI. The refusal of your breath test will result in a 12 month suspension of your driver’s license. If you take the breath test and blow above a .08 BAC it will result in only a 6-month suspension. Despite it being a shorter suspension, providing the state with a breath test gives them more evidence in your criminal case.
- DUI criminal charge: The worst case scenario in the actual criminal charge of DUI is that you get a conviction. A conviction will result in the revocation of your driver’s license. That means an indefinite removal of your driving privileges. You need to consider: is it worth a 6-month reduction of your suspension to increase the potential of having your driver’s license revoked?
It is possible to get your driver’s license back after being revoked, but it is a long, complex, and expensive process. We know first hand because we help clients that have gone up to 30 years without a driver’s license.
If you are arrested for a DUI, it is always best to consult a DUI lawyer with experience navigating the Illinois system. They can thoroughly analyze your unique case and build a strong defense.
Breathalyzer Tests in Illinois DUI Cases
Breathalyzer tests are one of the most important tools used by traffic officers to determine a driver’s blood alcohol content (BAC) if they suspect a DUI. These devices analyze breath samples and estimate how much alcohol is in the driver’s bloodstream.
Simply put, they detect alcohol molecules in the driver’s breath. When the driver exhales, the breathalyzer measures the amount of alcohol present and provides a BAC reading. This reading helps officers determine whether the driver is over the legal limit in Illinois.
Types of Breathalyzers
There are two main types of breathalyzers used by law enforcement, namely:
Preliminary Breath Test (PBT):
- This is a portable device that traffic officers use during a stop if they suspect a driver is over the legal limit.
- While the results of this test are not admissible in court, they provide officers with evidence to justify further testing or an arrest.
Evidentiary Breath Test:
- Conducted after the initial arrest, this test is typically carried out at the police station.
- Evidentiary breath tests are more accurate than PBTs, and their results can be used as evidence in court.
Accuracy and Reliability of Breathalyzer Tests
Several factors can affect the results, including a driver’s medical conditions, chemical compounds present in their breath, body composition, and potential human error. Additionally, the volume of air exhaled during the test can influence the results and lead to inaccuracies.
Preliminary breath tests (PBT) are generally less reliable than evidentiary breath tests, which are conducted under more controlled conditions (typically at the police station) and are legally admissible in court.
The Right to Refuse and Potential Consequences
While Illinois operates under implied consent, drivers can refuse a breathalyzer test when asked by traffic officials when pulled over for a suspected DUI. However, refusal can result in several severe consequences, including:
- License Suspension: Refusing a breathalyzer will likely result in a one-year suspension of your driver’s license. Subsequent refusals within a five-year period extend the suspension to three years.
- Courtroom Implications: Refusing a test can be perceived as an admission of guilt, which may complicate the defense process. That being said, it can also make it more challenging for prosecutors to build a strong case. For this reason, consulting with an experienced DUI lawyer can help to navigate your specific situation.
Refusing a breathalyzer test does not guarantee avoiding a DUI charge, but in many cases, it is a better option. Providing a breath sample gives the prosecution strong, objective evidence that is difficult to dispute. Without this test, the case often hinges on video evidence and the officer’s subjective observations of whether you were under the influence at the time of arrest, which provides significantly more room for legal challenges. Seeking experienced legal guidance is essential to navigating this situation and building the strongest possible defense.
Field Sobriety Tests in Illinois DUI Cases
Field sobriety tests are another mechanism that law enforcement officials use to evaluate impairment during DUI stops in Illinois. These include several cognitive and physical assessments designed to help officers determine if a driver has been impaired by drugs or alcohol.
These tests measure balance, attention, coordination, and the ability to follow instructions. However, if not performed correctly, drivers may be unfairly judged as under the influence.
While these tests are commonly used in Illinois and across the United States, they are highly subjective and can be influenced by various factors, such as medical conditions, nervousness, or environmental factors. Because of this, it is not always advisable to agree to these tests without considering the potential consequences.
Types of Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) recognizes three field sobriety tests. These are:
One-Leg Stand
The driver suspected of a DUI must stand on one leg while raising the other approximately six inches off the ground. This test evaluates balance, and actions such as hopping, swaying, or using arms for balance may be interpreted as signs of impairment.
Horizontal Gaze Nystagmus (HGN) Test
During this test, the traffic officer examines the driver’s eye movements as they follow an object, such as a pen or flashlight. The officer observes whether the eyes move smoothly or if they involuntarily jerk, which is often considered a sign of impairment due to alcohol.
Walk-and-Turn Test
During this test, the driver is instructed to take nine heel-to-toe steps along a straight line. They are then required to turn on one foot and walk back in the same manner. Traffic officers observe signs of impairment, such as wobbling, stepping off the line, or starting the test before being instructed.
Accuracy and Limitations of Field Sobriety Tests
While officials use field sobriety tests to determine levels of impairment, they are not always reliable and can be highly subjective. In Illinois, there is no punishment for refusing the field sobriety tests.
Since these tests rely on the subjective view of the officer, they can be prone to bias. If the officer fails to observe or administer the test correctly, it may yield inaccurate results.
As such, these tests have their limits and are not fully reliable. While they can be used in Illinois courts, the defense must demonstrate that the officer administered the test correctly and had proper training.
Legal Challenges to Breathalyzer and Field Sobriety Tests
While breathalyzer and field sobriety tests can be used in Illinois courts, their results are not always accurate. DUI attorneys often challenge these tests, demonstrating they are prone to error and administrative mishandling. Breathalyzer results, for instance, can be disputed on grounds such as:
- Device malfunction
- Improper calibration
- Operator error.
Similarly, field sobriety tests can be contested due to their reliance on the subjective judgment of the traffic officer. Factors such as weather conditions, medical issues, or uneven road surfaces can further compromise their reliability.
An experienced attorney can identify these errors and flaws to build a strong defense challenging the evidence. By highlighting procedural mistakes, inconsistencies in the prosecution’s case, and factors that undermine reliability, a skilled DUI attorney can work to challenge charges, exclude evidence, or secure a more favorable outcome.
If you are facing a DUI charge, the dedicated attorneys at Driver Defense Team are here to help. We build tailored defenses that uncover weaknesses in the evidence and protect your rights. Contact us today to start crafting your defense strategy.
The Impact of DUI Tests on the Outcome of Cases
Both breathalyzer and field sobriety tests play an important role in DUI cases, shaping the state’s defense and potentially hindering the outcome. For prosecutors, these tests can form a pivotal part of their evidence to highlight that the driver was impaired. On the other hand, defense attorneys can challenge them, pinpointing procedural errors and factors that hinder their reliability.
While breathalyzer and field sobriety tests are allowed in Illinois courts, they do not hold absolute weight regarding the outcome, especially if the defense can prove procedural error or device malfunction. Courts also consider other forms of evidence, including officer testimonies, eyewitness accounts, video footage from dashcams, and the driver’s behavior once they were stopped.
A dedicated DUI defense attorney will meticulously analyze the case against you to craft a strong defense. At Driver Defense Team, we work to protect your driving future by building a watertight defense tailored to your case. Reach out to our DUI attorneys, and we will work to achieve the best possible outcome.
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