Field Sobriety & Breathalyzer Testing: Understand Your Rights Regarding Sobriety Tests

When you are pulled over for a suspected DUI, law enforcement officials will seek to collect any possible evidence to be used against you in court. Field sobriety tests, breathalyzers and other circumstantial evidence may be presented against you to prove a drunk driving case. Remember that you do have rights when it comes to the DUI arrest process, but it is also important to know how these tests could impact your case.

At Hubeny & Zaba, LLC, in Westmont, Illinois, our attorneys have extensive experience in defending against DUI charges. We will review the evidence in your case and aggressively defend your interests to reduce charges and penalties.

Can I Refuse Field Sobriety And Breath Tests?

Officers want suspects to agree to field sobriety and breath tests to build their case. While you do not have to submit to a field sobriety testing, refusing to do so could result in additional penalties, including a longer license suspension. It is important to know and understand the law in Illinois. Contact one of our DUI lawyers today to protect your rights.

Field sobriety tests: Field sobriety tests are used to assess the cognitive abilities of a driver and to prove intoxication. Examples of field sobriety tests used in Illinois include:

  • Standing on one leg
  • Walk and turn
  • Horizontal gaze
  • Alphabet testing

Breathalyzer: A Breathalyzer will assess your blood alcohol concentration (BAC). A result that indicates you are over the legal limit does not automatically mean you will be convicted. In many cases, the results can be proven inaccurate if the test was improperly administered or if the device was not appropriately calibrated. In addition, any portable Breathalyzer devices can be used to provide probable cause for the arresting officer, but are inadmissible in court because of their inaccuracy.

Our lawyers will investigate the accuracy or results of the Breathalyzer to ensure that it was administered properly and according to law and proper guidelines.

Contact Us For A Free Consultation

Call 630-455-0500 or contact us by e-mail to arrange a free consultation directly with one of our DuPage County, Illinois, DUI defense attorneys. We respond promptly to all emails and after-hours messages.

Contact Us For a Free Consultation

  • This field is for validation purposes and should be left unchanged.


This is one of the most common questions asked of criminal attorneys. There are pros and cons to each side. If you choose not to submit to either the field sobriety or breathalyzer test, then the police must make a decision on whether to arrest you w… Read More
Illinois has recently amended the DUI statute dealing with marijuana DUI’s. Previously, a person driving with any amount of cannabis in their system could be charged with a DUI, meaning if traces of cannabis were found in a person’s syste… Read More