There are several ways for police officers to confirm suspicions of drunk driving. Video footage of a driver behaving erratically in traffic from a police cruiser’s dashboard camera can support claims of intoxication. A failed chemical test could also lead to drunk driving accusations.
Frequently, police officers ask motorists to submit to field sobriety tests before they try to administer a chemical test. Field sobriety testing involves physical tasks intended to gauge an individual’s level of impairment. Drivers may need to stand on one leg, walk in a straight line or follow a moving object from side to side without turning their heads.
These tests can provide evidence that a driver may be under the influence. Do people pulled over by police officers need to perform field sobriety tests?
Drivers can decline to perform tests
There is an implied consent law that imposes penalties for refusing a post-arrest chemical test for alcohol. However, until police officers have enough reason to arrest a driver, they have no legal justification to demand testing. Even if they arrest a driver, they cannot compel that person to perform field sobriety tests.
Field sobriety tests are often the reason that police officers can arrest motorists and demand a breath test. Particularly if people have medical issues that could affect their performance on field sobriety tests, they may want to assert their right to refuse a testing request during a traffic stop.
Understanding what happens during a drunk driving traffic stop can help motorists protect themselves from unfair prosecution. Those who make use of their rights are less likely to face unfair prosecution or an unjust criminal conviction.
