Can Police Arrest Me for DUI Without Field Sobriety Tests?

 Posted on February 28, 2026 in DUI Defense

In Illinois, police can arrest you for DUI without field sobriety tests. If an officer believes you are impaired based on what they see and hear, they have the authority to place you under arrest. No roadside test is required. This surprises a lot of people, but it happens more often than most drivers realize.

If you've been arrested for DUI in 2026, our Chicago, IL DUI defense lawyer can help you understand your rights and what comes next.

What Does Illinois Law Say About DUI and Impairment?

Under 625 ILCS 5/11-501, a person can be charged with DUI if they are in actual physical control of a vehicle while under the influence of alcohol, drugs, or any intoxicating substance to a degree that makes them unable to drive safely.

Notice that the law doesn't say anything about field sobriety tests. It's about impairment, and officers can form a belief about impairment based entirely on their own observations. This means the decision to arrest you can be made before any test is ever offered, and it can stand even if you never take one.

What Can an Officer Use as Probable Cause for DUI Without Field Sobriety Tests?

To arrest you for DUI without field sobriety tests, an officer still needs probable cause. This is a reasonable belief, based on what they observed, that you were impaired.

Officers commonly point to things like:

• The smell of alcohol coming from the car or from your breath
• Slurred or confused speech
• Bloodshot or glassy eyes
• How you were driving before you were pulled over, such as swerving, drifting, or running a stop sign
• Open containers in the vehicle
• Your behavior and demeanor during the stop

None of these observations requires a test. An officer who documents enough of these factors can make a DUI arrest based on their judgment alone. That subjectivity is exactly why these cases can be challenged in court.

Are Field Sobriety Tests Required in Illinois?

Field sobriety tests are not required under Illinois law. You have the legal right to decline them. They are not part of the state's implied consent law, so refusing them does not automatically result in a license suspension or any other direct penalty.

That said, refusing a field sobriety test doesn't mean you're in the clear. An officer who was already leaning toward an arrest may use your refusal as an additional reason to proceed. And while refusal limits the amount of test evidence prosecutors can use against you, they may argue in court that you refused because you knew you would fail.

What Is the Difference Between Field Sobriety Tests and Chemical Tests?

This is an important distinction that many people get confused about. Field sobriety tests include things like walking a straight line, standing on one leg, or following an object with your eyes. They are voluntary in Illinois. You can refuse them without a direct legal penalty.

Chemical tests, which include breath, blood, or urine tests, are a different story. Under 625 ILCS 5/11-501.1, Illinois's implied consent law applies to chemical testing after a lawful DUI arrest. If you refuse a chemical test after being arrested, your license will be automatically suspended for at least 12 months for a first refusal. That suspension happens separately from your criminal case and takes effect 46 days after your arrest.

What Are Your Rights if You're Arrested for DUI Based Only on an Officer's Observations?

Being arrested based on an officer's word alone doesn't mean the case against you is solid. Illinois law still requires the prosecution to prove you were impaired beyond a reasonable doubt. Without field sobriety test results or a failed chemical test, the state's case rests heavily on the officer's subjective account.

Many DUI arrests involve body camera footage and dashcam recordings. That video can either support the officer's version of events or contradict it. A defense attorney can review that footage, challenge the officer's observations, question whether there was truly probable cause for the stop or the arrest, and look for inconsistencies between what the officer reported and what the video actually shows.

Schedule a Free Consultation With Our Cook County, IL DUI Defense Attorney

If you were arrested for DUI, don't assume the case against you is airtight. Attorney Luisi has over 25 years of experience defending DUI and criminal cases. He is in Chicago criminal courts on a daily basis, giving him an understanding of how local prosecutors and judges handle these cases that very few attorneys can match.

Call Luisi Legal Group at 773-276-5541 to schedule your free consultation with our Chicago, IL DUI defense lawyer today.