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Archive for the ‘field sobriety tests’ tag

Can You Refuse Field Sobriety Tests in Rolling Meadows?

January 25th, 2019 at 10:28 pm

IL defense lawyerLike every other state, in Illinois, it is illegal to drive with a blood alcohol content higher than 0.08 percent. Those found guilty of doing so will be charged with driving under the influence, or DUI. There are a few steps law enforcement take before making an arrest, though. One of those is to administer field sobriety tests. Many individuals, whether they have been charged with a DUI, or they think they are about to be, wonder if these tests are mandatory. So, can you refuse field sobriety tests in Rolling Meadows?

What Are Field Sobriety Tests?

Field sobriety tests are one tool used by law enforcement when they suspect someone is driving under the influence. While there are many field sobriety tests a police officer may ask the driver to undergo, there are generally three main ones.

The Horizontal Nystagmus Test (HGN) will involve the officer holding up an object. They will then ask the driver to follow that object with their eyes as the officer moves it from left to right. The officer will then look for when the pupil begins to exhibit ‘nystagmus’, or an involuntary jerking of the eye.

Another field sobriety test is the walk and turn test. During this test, the driver will be asked to take a number of steps, turn around using just one foot, and walk back in the direction from which they came. This test is mainly done so that the officer can observe the balance and coordination of the driver.

Lastly, the third main field sobriety test is the one leg stand test. In this test, the officer will ask the driver to stand with one foot approximately six inches off the ground. The driver will also be asked to count aloud by thousands. This test is also administered to determine the coordination and balance of the driver.

Can a Driver Refuse Field Sobriety Tests?

Any field sobriety test can be refused. However, that does not mean the driver will simply be sent on their way. Instead, they will likely be arrested. If an officer asks a driver to perform a field sobriety test, they already have the intent to arrest the driver for a DUI. They are simply trying to collect more evidence against the driver for when the case goes to court.

Still, drivers are always recommended to refuse to take field sobriety tests. While it will still likely end with an arrest, by refusing they are not providing additional evidence for the police and prosecution in the case.

Contact a Rolling Meadows Criminal Defense Lawyer for Help

Even if you have submitted to field sobriety tests and been arrested for a DUI, it is crucial that you contact a skilled Rolling Meadows criminal defense lawyer that can help. An experienced attorney can refute the accuracy of the tests, as well as discredit the officer’s testimony in court. If you have been arrested for a DUI, you need the best defense possible. Call us today at 847-394-3200 to get a free consultation. We will start reviewing your case right away, and prepare a defense to give you the best possible chance at a successful outcome.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

DUI Testing in Illinois

September 11th, 2017 at 9:53 am

breathalyzer test, DUI testing, field sobriety tests, local DUI attorney, Rolling Meadows DUI defense attorneyWhen a police officer pulls you over on suspicion of driving under the influence in Illinois, he or she will likely ask to see your license and registration, ask if you have been drinking, and, if he or she still suspects that you are intoxicated, administer one or more of the field sobriety tests described below.

Field Sobriety Tests

Field sobriety tests are simple tests that police officers administer on the side of the road after pulling a driver over in order to predict blood alcohol concentrations of 0.08 and above. Approved standardized field sobriety tests in Illinois include:

  • The Horizontal Gaze Nystagmus: To administer this test the officer asks the driver to follow the tip of his or her pen or finger with only his or her eyes. During this test the officer is looking to see whether the driver is experiencing nystagmus, an involuntary jerking of the eye that is magnified when a person consumes alcohol or certain other drugs.
  • The Walk-and-Turn: During this test the officer asks the driver to walk in a straight line by placing one foot in front of the other, heel to toe, heel to toe, and so forth nine times, turn, and walk back on the line in the same manner. All steps are taken while keeping one’s arms at his or her sides.
  • The One-Legged Stand: Here the officer tells the driver to stand with one’s arms at his or her sides, raise one foot approximately six inches off the ground, and balance on one leg for 30 seconds.

Additionally, a police officer in Illinois can also administer a breathalyzer test on the side of the road in order to measure the amount of alcohol on a driver’s breath. A breathalyzer is a device that gives a very accurate estimate of the amount of alcohol present in the blood of the person who blows into it. However, it is important to note that the only way to actually test someone’s blood alcohol concentration is via a blood test, which police officers do not administer on the side of the road but do conduct at the station after arresting a driver for driving under the influence.

Drivers in Illinois implicitly consent to submitting to a breathalyzer test when asked to do so by virtue of driving in our state. Therefore, refusing a roadside breathalyzer test can carry steep consequences such as having your license suspended.

Accused of Driving Under the Influence? Contact a Local DUI Attorney

Any accusation of driving under the influence in Illinois should be taken very seriously as the penalties available for first-time DUI convictions can include up to one year of incarceration, a fine of up to $2,500, a license suspension of up to six months, and various other penalties as well. At The Law Offices of Christopher M. Cosley our experienced Rolling Meadows DUI defense attorneys are well aware of the huge toll that a DUI conviction can take on a person’s life. Therefore, we work tirelessly to provide excellent legal representation to each and every one of our clients.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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