FACT SHEET ON PROPOSED BILL TO CLOSE THE DUI LOOPHOLE BY
REQUIRING FIELD SOBRIETY TESTS

Field Sobriety Tests
There are three tests, certified by the National Highway Traffic Safety Administration, that police officers give to a motorist suspected of driving under the influence. Administered at the side of the road, the tests are the walk and turn, the horizontal gaze nystagmus, the one-leg stand; and the officer may also request the driver to take the preliminary breath test from a handheld instrument.

The Problem
A growing number of suspected DUI offenders are refusing to perform any field sobriety test (FST's) and the preliminary breath test. There is no penalty for refusing FST's or the preliminary breath test. Some defense attorneys explicitly advise their clients to completely refuse any tests.

Without the evidence from the FST's and the preliminary breath test, police may lack sufficient probably cause to make a valid DUI arrest, which means charges will be dismissed and the impaired driver will get off SCOTT free. When a motorist refuses to perform the FST's and the preliminary breath test, an officer must decide whether to let the driver go - risking a serious crash down the road - or whether to make an arrest that may be thrown out of court. In short, drivers under the influence of alcohol and/or drugs exploit this gaping loophole in the law to avoid detection and punishment.

The Solution
Enact a bill to suspend driving privilege for six months from motorists who refuse to perform the preliminary breath test. There is already a suspension imposed upon motorists arrested for DUI who refuse to submit to the standard chemical test (breath and or urine/blood), but the officer needs a probable cause provided by the preliminary breath test to detect an impaired driver. This bill contains an exception for persons with a medical disability that are unable to perform a particular test because of the disability.

The Supporters
To promote public safety on our streets, a growing number of law enforcement leaders and public officials support this proposal. They include Detective John Lawson, Roselle Police Dept., Illinois Secretary of State Jesse White, Chicago Mayor Richard Daley, DuPage Co. State's Attorney Joseph Birkett, DeKalb Co. State's Attorney Tim Johnson, Representative Lee Daniels, Senator Wendel Jones, Representatives Tom Dart, Renee Kozel, Lauren Beth Gash, Dave Wirsing, O'Connor, Lyons, Zickus, Roselle Mayor Gayle Smolinski, Illinois Association of Chiefs Of Police, Fraternal Order of Police, Illinois State Crime Commission, Alliance Against Intoxicated Motorists (AAIM) and MADD.

Legislation | New Law: Requiring Field Sobriety Testing | Illinois Traffic-Related Key Events