During traffic stops, police officers often look for any reasonable indication of criminal activity. If they suspect a driver of being under the influence, they may ask a series of increasingly invasive questions. They may also ask the motorist to step out of their vehicle and submit to field sobriety testing.
Field sobriety testing involves performing physical tasks under the observation of a law enforcement professional who uses test performance to gauge an individual’s chemical impairment. Does state law require that drivers submit to field sobriety tests?
Drivers have the right to refuse
Police officers cannot force drivers to perform field sobriety tests. While there are rules requiring submission to post-arrest chemical testing, nothing mandates submission to pre-arrest field sobriety testing.
Drivers have the option of declining test requests without risking immediate arrest or increased penalties. Perhaps the officer has been somewhat adversarial, and a driver is worried that confirmation bias could undermine the accuracy of test results. Maybe they have a pre-existing medical condition that makes it likely that they could struggle to maintain their balance during field sobriety testing. These are just two potential concerns that some drivers may have about these tests.
Those who submit to tests and perform poorly on them may be at risk of arrest and prosecution. However, there are ways to challenge field sobriety test results when facing drunk driving charges in criminal court.
Understanding what happens during a traffic stop and what the law requires can benefit those suspected of drunk driving. Motorists who make use of their rights may have an easier time responding effectively to impaired driving charges.