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Breathalyzer and Field Sobriety Tests
Roscich & Martel Law Firm, LLC

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Naperville DUI Lawyers for Breathalyzer and Field Sobriety Test Issues

naperville breathalyzer defense lawyer

If You Get Pulled Over for a DUI in Illinois, Do You Have To Consent to a Breathalyzer or Field Sobriety Test?

An arrest for a DUI can be very serious. If found guilty, the driving under the influence charge can remain on your criminal record for a long time and prevent you from working in certain positions. People with DUIs oftentimes are viewed by the public as irresponsible and irrational people. This is most certainly not the case and it is critical to seek out an experienced DUI attorney to help you clear your name and ensure that proper due process is afforded.

Breathalyzer Tests in Illinois

Although you can refuse to take a breathalyzer test, it is not always in your best interest to do so. Illinois has an "implied consent" law that requires you to take a chemical test (blood, urine, or breath) if you are lawfully arrested by a police officer. The police officer must have probable cause to believe that you have been driving under the influence before they can lawfully arrest you.

The preliminary breathalyzer test typically happens when you get pulled over and before you are taken into the police station. Although you may refuse this test, the officer can still arrest you if he or she has other probable cause to believe that you have been driving under the influence. For instance, slurred speech, bloodshot eyes, and erratic driving behavior may be grounds for probable cause. You will still be required to take a chemical test if you are charged and arrested with a DUI as per the "implied consent" law discussed above.

Field Sobriety Tests

Field sobriety tests operate similarly to preliminary breathalyzer tests. You can refuse to partake, but the police officer can still bring you in if he or she has some other probable cause to believe that you have been driving under the influence. What is worse about these particular tests is that the results are extremely subjective and stress can play a major role when undergoing field sobriety tests.

If you do decide to partake in a field sobriety test, do so carefully. Pay attention to the instructions given to you by the police officer and ask questions if you are unsure. Ask to have the officer repeat instructions if you are unsure what is expected of you. Rest assured, it is very likely that the entire test will be recorded for evidentiary purposes and your DUI attorney will be able to determine whether or not you "failed" in the eyes of the law.

Naperville Defense Attorneys Determining the Validity of DUI Tests

If you have been arrested and charged with a DUI offense in Illinois, seek out representation from an experienced DUI attorney as soon as possible. At Roscich & Martel Law Firm, LLC, we provide free initial consultations to individuals charged with a DUI. Contact us today at 630-355-5222 to discuss your charges. We have a track record of getting our client's cases dismissed and have negotiated more serious criminal DUI offenses down to simple misdemeanors. We represent clients scattered throughout Naperville, Plainfield, Bolingbrook, Wheaton, Warrenville, Winfield, Downers Grove, Lisle, DuPage County, and throughout the surrounding areas.

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