Illinois Field Sobriety Test Lawyer
Naperville Field Sobriety Tests Attorneys
Field sobriety tests are a component of DUI cases that is easily misunderstood and can be misconstrued in a court of law. If you are pulled over and asked to participate in a field sobriety test, it is important to understand both your options and your obligations, regardless of whether or not you are actually impaired. At Donahue, Sowa, and Magana, our DUI attorneys help clients settle issues related to Illinois DUIs including field sobriety tests.
What is a Field Sobriety Test?
There are a variety of tests that may be administered by a police officer that suspects a driver of being intoxicated. These tests are called field sobriety tests because they do not require chemical analysis. However, they can be very subjective and leave a great deal of room for error. The officer may not be experienced in judging the performance of nervous drivers, and the driver may be scared and uncertain and, thus, unable to perform as well as he or she might otherwise. In Illinois, field sobriety tests often include a Horizontal Gaze Nystagmus (HGN) test, which checks a person's ability to follow an object with their eyes.
Field Sobriety Tests During a Police Stop
Illinois is considered an implied consent” state, which means that when you receive and carry a driver’s license, you are giving your consent to take any field sobriety test that is presented to you. If you decide not to take one and the officer has a reasonable basis for assuming that you are impaired, your license can be automatically suspended. This type of suspension is called a statutory summary suspension. Depending on the details of your specific situation and your driving and criminal histories, you may be eligible for a permit during the suspension period. Your lawyer can help you explore those options.
What Happens If I Pass the Field Sobriety Test? If I Fail It?
Generally speaking, if you are able to pass a field sobriety test and the officer decides that you are no longer suspected of being under the influence, you may be able to move on without any repercussions. In many cases, however, if an officer has suspicions that merit a field sobriety test, they are likely to take you into the police station to undergo chemical testing. This may determine if you are under the influence, regardless of your performance in a field sobriety test in Illinois.
If you have taken a field sobriety test and are concerned about the way it may impact your driving privileges and/or a DUI case, contact the experienced and knowledgeable DUI and field sobriety test lawyers at Dowa, Sowa & Magana today. We can help you navigate this challenging and complex legal area to ensure the best possible outcome for you. Our clients can be found in Naperville and St. Charles as well as Will, Kane, and Cook Counties.