Being pulled over by the police for any reason can be a nerve-wracking experience. Something about those flashing red and blue lights in the rearview mirror can instill fear and anxiety in even the most innocent people. If an officer has reasonable suspicion that you are driving under the influence of drugs or alcohol, he or she will pull you over to further investigate. During the traffic stop, the officer will be looking for any sign that you are impaired beyond the point of safe driving. Before an arrest can be made, there must be probable cause. One of the ways an officer obtains probable cause is by performing field sobriety tests, such as asking you to walk in a straight line or stand on one foot. However, if an officer asks you to complete a field sobriety test, do you have the right to refuse in Illinois?
Field Sobriety Testing
The short answer is yes, you can refuse a field sobriety test. In Illinois, you are not legally required to submit to field sobriety testing if you are pulled over on suspicion of DUI. Even though you have the right to refuse a field sobriety test, it is important to understand that there might be certain consequences if you do not submit to testing. The purpose of using these kinds of tests is to establish probable cause so the officer has reason to arrest you. If you refuse to take a test, you should understand that the officer will then be even more determined to find probable cause to arrest you. Many officers will perform an arrest using your refusal to submit to field sobriety testing as probable cause for their suspicion.
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