Police officers who suspect someone of a driving under the influence (DUI) offense have to gather evidence. One of the ways they prove intoxication is by requesting a chemical test. However, drivers do not have to submit to chemical tests until officers already have grounds to arrest them.
To establish probable cause, officers need compelling evidence that a driver was likely under the influence. Police officers may ask drivers to step out of their vehicles and to undergo field sobriety testing. Drivers who are aware of the three facts below can better handle scenarios where officers ask them to submit to tests.
1. False positives are possible
Field sobriety tests are far from infallible. The goal is to conduct tests to screen for intoxication. However, medical conditions ranging from anxiety to neurological disorders could affect someone’s performance on field sobriety tests. False positives are possible and may result in a driver’s arrest.
2. Officers must follow best practices
Police officers can’t make up field sobriety tests, force drivers to repeat them multiple times or conduct them in questionable locations. Generally speaking, they need to administer the three standard field sobriety tests.
They must do so in a location where they can capture footage using worn cameras or dashboard cameras installed in their cruisers. Any deviation from best practices could compromise the usefulness of the test results should the case go to trial.
3. Drivers can say no
Many people comply automatically with any requests police officers make of them. They believe that their cooperation reduces their likelihood of arrest and may look better if they do end up facing charges.
Police officers often count on people complying even when they do not need to do so. Drivers have the right to decline field sobriety testing. Officers cannot demand that they perform physical tasks, nor can they arrest them simply for refusing to submit to the tests.
Individuals aware of their rights can more effectively avoid scenarios in which they might face unfair drunk driving allegations. Learning more about the process during impaired driving traffic stops can be beneficial for those who regularly drink or those deciding how to respond to pending DUI charges.
