Field Sobriety Tests in Illinois: Insights from DUI Defense Attorney Andy Sotiropoulos

If you have been pulled over for suspected DUI in Illinois, law enforcement will likely ask you to perform field sobriety tests (FSTs). These tests are designed to help officers assess impairment, but they are far from foolproof. Many people assume that failing a field sobriety test means a conviction is inevitable, but this is not the case. These tests are subjective, and many external factors can influence the results.

I’m Andy Sotiropoulos, a DUI defense attorney serving Chicago and counties throughout Illinois, including Cook, DuPage, Will, Kane, Kendall, and Lake. With over 25 years of DUI defense experience, I have completed the same intensive training that law enforcement officers undergo for Standardized Field Sobriety Tests (SFSTs). This training allows me to challenge the accuracy, reliability, and administration of these tests, exposing errors that could lead to dismissed charges or reduced penalties.

What Are Standardized Field Sobriety Tests?

Field sobriety tests are a set of physical and cognitive exercises that police officers use to assess whether a driver is impaired. The National Highway Traffic Safety Administration (NHTSA) has developed and validated these tests, which are commonly used as evidence in DUI cases. The three standardized field sobriety tests include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test.

The Horizontal Gaze Nystagmus test requires a driver to follow a stimulus, such as a pen or flashlight, with their eyes while the officer looks for involuntary jerking movements. Police claim that this jerking, or nystagmus, becomes more pronounced under the influence of alcohol or drugs. However, medical conditions, fatigue, and even natural eye movements can lead to false positives.

The Walk-and-Turn test requires a driver to walk in a straight line, heel to toe, then turn and walk back while following precise instructions. Officers look for signs of imbalance, missteps, or an inability to follow directions, which they often associate with intoxication. However, factors such as nervousness, uneven pavement, poor footwear, or medical conditions can easily cause a sober person to struggle with this test.

The One-Leg Stand test asks a driver to balance on one leg while counting aloud. If the driver sways, uses their arms for balance, or puts their foot down, the officer may assume impairment. This test is especially problematic for individuals with pre-existing injuries, inner ear issues, or general balance difficulties.

While these tests are widely used, they are not scientifically foolproof. Even in ideal conditions, they have been shown to be unreliable, and many sober individuals fail them for reasons unrelated to alcohol or drug use.

Why Hiring A Trained In Field Sobriety Test Attorney Matters to Your DUI Defense

Unlike many attorneys, I have undergone extensive, hands-on training in Standardized Field Sobriety Testing. I have completed NHTSA’s 24-hour SFST Student Course twice, as well as the intensive 32-hour SFST Instructor Course, which qualifies me to teach these tests.

This level of training allows me to analyze field sobriety test evidence with the same level of scrutiny as the officers conducting them. I know exactly how these tests should be administered and the common mistakes officers make. In many cases, I have been able to expose procedural errors and inconsistencies in an officer’s administration of these tests, which can significantly weaken the prosecution’s case.

In a recent case in DuPage County, a client was arrested after an officer claimed they failed the Walk-and-Turn test. After reviewing body cam footage, I was able to prove that the test was conducted on uneven pavement in low lighting, conditions that would make it difficult for anyone to perform the test properly. By demonstrating that the results were unreliable, I successfully had the field sobriety evidence thrown out, weakening the prosecution’s argument and leading to a better outcome for my client.

The Impact of a DUI Conviction in Illinois

A DUI conviction in Illinois carries serious consequences that can impact multiple areas of your life. Beyond legal penalties, which may include a suspended driver’s license, steep fines, and even jail time, a conviction can lead to long-term financial strain. Many people face increased insurance rates, difficulties finding employment, and permanent damage to their reputation.

In counties like Cook and Lake, where prosecutors aggressively pursue DUI convictions, it is essential to have a strong defense strategy in place. A conviction can remain on your record for life, affecting your ability to secure certain jobs or housing opportunities. Given these high stakes, it is critical to challenge unreliable evidence, such as improperly conducted field sobriety tests.

How I Challenge Field Sobriety Test Evidence

Field sobriety tests are highly subjective and often administered under poor conditions. Many factors influence test results, including officer error, environmental conditions, medical issues, and stress during a traffic stop.

In many cases, officers fail to give proper instructions or deviate from NHTSA guidelines, which makes the test results unreliable. Conditions such as uneven roads, poor lighting, inclement weather, or roadside distractions can also affect a person’s ability to perform well. Additionally, many medical conditions, including balance disorders, joint injuries, neurological issues, or vision problems, can cause a completely sober person to fail these tests.

Stress and anxiety also play a significant role. For many individuals, being pulled over by the police is an overwhelming experience. Nervousness alone can cause someone to appear more impaired than they actually are.

In a recent case in Kane County, my client, a middle-aged man with a knee injury, was accused of failing the One-Leg Stand test. After reviewing medical records and consulting with an expert witness, I successfully argued that his difficulty balancing had nothing to do with intoxication. The field sobriety test evidence was dismissed, and the DUI charge was significantly reduced.

Frequently Asked Questions (DUI)

Choosing the Right DUI Defense Attorney in Illinois

If you are facing DUI charges in Chicago, Cook County, or surrounding areas, choosing the right attorney can make a significant difference. With 25 years of DUI defense experience and specialized training in field sobriety testing, I am uniquely equipped to challenge the prosecution’s evidence and fight for your rights.

A DUI charge does not have to result in a conviction. Many cases can be successfully challenged, especially when field sobriety test evidence is flawed or unreliable. I take the time to analyze every detail of your case and develop a defense strategy tailored to your situation.

Facing DUI Charges?
Let’s Work To Preserve Your Driving Privileges

If you or a loved one has been arrested for DUI in Illinois, taking immediate action is crucial. A strong defense starts with challenging unreliable evidence, and I have the training and experience to do just that. Contact Andy Sotiropoulos & Associates today for a consultation. The right defense strategy could mean the difference between a conviction and walking away with your future intact.