How Can Field Sobriety Tests Lead to DUI Conviction?
Illinois DUI defense attorneys explaining how field sobriety test results are used to convict drivers.

How Can Field Sobriety Tests Lead to DUI Conviction?
Field sobriety tests can lead to DUI conviction in Illinois because police use your test results as proof you were too drunk to drive safely. Even if you refuse the breath test, police can still arrest you and charge you with DUI based only on how you did on roadside tests like walking in a line or standing on one leg.
Many sober people fail these tests because they're hard to do, but judges and juries often think failing the tests means you were drunk, making conviction much more likely.
Common Field Sobriety Tests Police Use
Police in Illinois use three main roadside tests that were made by the government to check if drivers are drunk.
Walking in a line test:
- You must walk 9 steps heel-to-toe in a straight line, turn around a certain way, and walk back
- Police watch for 8 specific mistakes like stepping off the line, using arms for balance, or taking the wrong number of steps
- Making 2 or more mistakes means police think you're drunk
- Even sober people fail this test about 32% of the time in perfect conditions
Standing on one leg test:
- You must stand on one foot for 30 seconds while counting out loud and keeping your arms at your sides
- Police look for 4 signs of being drunk like swaying, using arms for balance, hopping, or putting your foot down
- Showing any of these signs means police think you're too drunk to drive
- Sober people fail this test about 17% of the time under perfect conditions
Eye tracking test:
- Police use a pen or finger to check how your eyes move when following an object
- They look for jerky eye movements that can happen when people drink alcohol
- This test has problems because many things besides alcohol cause jerky eye movements
- Police often do this test wrong because they don't have enough training
How Field Sobriety Tests Lead to DUI Conviction
Police use field sobriety test results as the main proof in DUI cases where there's no breath test or blood test.
How tests become evidence:
- Police write reports about how you did on each test and what mistakes you made
- Video recordings from police cars or body cameras show your test performance
- Police testify in court about what they saw and why they think you were drunk
- Judges and juries often believe that failing roadside tests means you were too drunk to drive
Why test results are powerful evidence:
- People think the tests work perfectly and don't know sober people often fail them
- Police present themselves as experts who know how to spot drunk drivers
- Videos can look bad even when you're actually sober but nervous or scared
- Most people don't fight the test results because they don't know they can challenge them
How failing tests hurts your case:
- Creates probable cause for police to arrest you for DUI
- Gives police reason to take you to the station for breath or blood tests
- Becomes main evidence if breath test results can't be used in court
- Makes plea bargains harder because police think they have strong evidence against you
Problems with Field Sobriety Tests
Field sobriety tests have many problems that make them unreliable ways to tell if someone is drunk.
Test conditions affect results:
- Uneven ground makes balance tests much harder even for sober people
- Bad weather like rain, wind, or cold makes tests nearly impossible to pass
- Poor lighting at night makes it hard to see where you're supposed to walk
- Traffic noise and flashing police lights make it hard to focus and follow directions
Physical problems that cause test failure:
- Age over 65 makes balance tests much harder to pass
- Being overweight affects your ability to balance on one foot
- Injuries or medical problems with your back, legs, or inner ear cause balance issues
- Wrong shoes like high heels or worn-out soles make walking tests dangerous
Police training problems:
- Many officers don't get enough training on how to give tests correctly
- Officers often skip steps or change the test instructions
- Police don't account for medical problems or physical conditions that affect test results
- Officers may have bias and look for signs of being drunk even in sober people
How to Defend Against Field Sobriety Test Evidence
You can fight field sobriety test results in court by showing the tests are unreliable or were done wrong.
Common defense strategies:
- Medical conditions that explain why you couldn't do the tests right
- Bad test conditions like poor lighting, uneven ground, or bad weather
- Police mistakes in giving the tests or not following proper steps
- Physical problems like injuries, age, or weight that affect balance and coordination
- Nervousness and fear from being pulled over that affected your ability to focus
Challenging test procedures:
- Video evidence often shows police didn't follow correct test procedures
- Police training records may show the officer wasn't properly trained
- Test conditions can be shown to be unfair or dangerous
- Alternative explanations for poor test performance that don't involve alcohol
Common Questions About Field Sobriety Tests and DUI
Do I have to take field sobriety tests?
No, you can refuse roadside tests in Illinois without losing your license, but police may still arrest you based on other things they see.
Can I be convicted with only field sobriety test results?
Yes, police can get DUI convictions using only roadside test results if they convince a judge or jury the tests prove you were drunk.
Are field sobriety tests accurate?
No, even the government studies show sober people fail these tests 17-32% of the time under perfect conditions, and real roadside conditions are never perfect.
What if I have medical problems?
Medical conditions like diabetes, inner ear problems, or back injuries can make it impossible to pass field sobriety tests even when you're completely sober.
Can police force me to take the tests?
No, police cannot physically force you to take roadside tests, but they may use your refusal as one factor in deciding to arrest you.
Many people don't know they can challenge field sobriety test results in court. These tests have serious problems that make them unreliable proof of being drunk.
For complete information about defending against field sobriety test evidence, see our DuPage County Under the Influence DUI defense guide.
Contact McMahon Law Offices
When facing DUI charges based on field sobriety tests, you need lawyers who know how to challenge these unreliable tests in court.
Free Consultation Available 24/7
Call 630-953-4400 or email info@mcmahonlegal.net
Don't let failed field sobriety tests ruin your future. Contact us right away to learn how to fight these charges and protect your rights.
on this page
Overview
Common Tests
How Tests Lead to Conviction
Problems with Tests
Defense Options
FAQ
Contact
QUICK links

%20(1)-p-1080.png)

.png)

Contact Our DuPage County Criminal Defense Team
Our team is available 24/7 to discuss your case. Contact us any way that works for you.