| A lawyer is often asked whether a person who is | | | | the motorist suspected of driving under the influence of |
| pulled over by the police officer following a DUI stop | | | | alcohol to step out of the vehicle and perform a |
| and asked to submit to a breathalyzer test, should | | | | battery of field sobriety tests (FST). Most DUI lawyers |
| take it or refuse it all together. Not taking the | | | | will refer to them as field aerobics, because most |
| breathalyzer exam may seem like the best drunk | | | | people have a hard time performing them, even when |
| driving defense. After all, if the case proceeds to trial, | | | | sober. In Illinois, only three tests are recognized and |
| the state will not be able to prove what the | | | | approved under the Federal guidelines. Those tests |
| defendant's blood alcohol content (BAC) was at the | | | | are, the Horizontal Gaze Nystagmus, (HGN), this is |
| time of the arrest. State Attorney will also have a hard | | | | where the officer asks you to follow a pen with your |
| time proving whether or not the person was over the | | | | eyes, the Walk and Turn, and the One Leg Stand. |
| legal limit. | | | | While performing FST, the officer will observe your |
| Nonetheless, a lawyer routinely handling DUI defense | | | | performance and look for "clues" of intoxication. Clues |
| will tell you, that the consequences of refusing to | | | | are your inability to perform the FST in a prescribed |
| submit to a breathalyzer exam will carry a longer time | | | | manner. Six or more clues gathered from the three |
| during which your driving privileges will be suspended. In | | | | tests, is an indication that the motorist might be under |
| beginning of 2009 Illinois lawmakers made it harder for | | | | the influence. Driver's failure to properly complete all |
| first time offenders to refuse to submit to the | | | | FSTs will generally give rise to probable cause for an |
| breathalyzer exam. By suspending their driving | | | | officer to administer the Breathalyzer Exam at the |
| privileges for 12 month, Illinois statutory summary | | | | station. Blowing over the legal limit will result in a DUI |
| suspension law became one of the toughest in the | | | | arrest. Most lawyers will tell you that field sobriety |
| nation. Mandatory installation of BAIID device and | | | | tests are subjective in nature and taking them will |
| increase in fines and costs are just some of the | | | | generally hurt you more than help you. If you want to |
| hurdles one faces after being arrested for a DUI or | | | | get more information regarding a DUI and drunk driving |
| drunk driving in Illinois. | | | | arrest, and would like to talk to a lawyer, contact my |
| Following a traffic stop, a police officer will often ask | | | | firm today. |