If you are pulled over by a police officer for suspicion of driving under the influence, you will be most likely be asked to take a field sobriety test. Field sobriety tests include walking in a straight line, the One-Leg Stand test, and HGN test. Under Illinois DUI law, you are not legally obligated to take a field sobriety test. The police will try to force you into these test but they absolutely are not required and they can give the Court evidence that me be used against you in your DUI case.
Unlike refusing to take a breathalyzer test, which can result in an automatic statutory summary suspension of your license by the Illinois Secretary of State, if you refuse to take a field sobriety test, your license will not be automatically suspended. However, there still remains a strong likelihood you will be arrested after refusing to take a test. If you are arrested, the police will try to convince you to submit to chemical testing.
Because whether you pass or fail a field sobriety test is entirely dependent on the subjectivity of the arresting police officer, you are strongly encouraged to refuse to take any field sobriety tests in Illinois. Often times, perfectly sober people fail field sobriety tests due to stress. The purpose of the field sobriety test is to provide additional evidence to the prosecution that you were driving under the influence. Other factors that can affect the field sobriety tests are being more than 50 pounds overweight, over the age of 60 and any leg or back injuries.
Your refusal to take a field sobriety test is not an automatic admission of guilt and with the help of an experienced DUI attorney, you could fight the prosecution's presumption of guilt. If you submitted to a field sobriety test, an experienced DUI attorney can fight to have the results of the field sobriety tests excluded from evidence, in addition to having the arresting officer's testimony discredited. Most of the time the police in DUI arrests over exaggerate just how poorly you performed on the field sobriety tests. When we subpoena and review the video of the DUI arrest, we can use it to cross examine the police officer, making him look less believable in front of the judge. This gives you a great chance to win your case.
At the law offices of John W. Callahan, Ltd., we believe in going for the win. We look at every possible angle to try and beat your case. To speak within minutes to an experienced lawyer who can help defend you against your DUI charges, call us at 1-877-335-6697 today.
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