When police officers suspect people of drunk driving, they immediately start looking for evidence. They need justification to arrest motorists and also evidence to help the prosecution secure a conviction if the case goes to trial.
Police officers may have camera footage of problematic driving or chemical test results to support their allegations of intoxication. They may also have video footage of field sobriety testing. A motorist’s performance on field sobriety tests can strongly influence the state’s case.
Do drivers involved in crashes or stopped by police officers need to submit to field sobriety testing?
Not all tests are mandatory
Many people are aware of the state’s implied consent law. However, they may misunderstand what the law requires of them. The implied consent statute requires submission to post-arrest chemical testing. Drivers may face secondary penalties if they refuse a chemical test request after an arrest. 4
Motorists have the right to decline any testing before an arrest, including field sobriety test requests. Especially in cases where motorists are aware that they have medical conditions that could compromise their test performance, they may choose to decline testing requests.
Police officers typically should not punish drivers for refusing field sobriety testing. Documentation of test refusal also does not result in additional charges or penalties for the motorist. Those who did submit to field sobriety tests and failed them may be able to provide an explanation if their case goes to trial.
Understanding and utilizing civil rights during traffic stops can help people avoid unfair and unnecessary prosecution. Learning about implied consent laws and other statutes that influence drunk driving charges can be beneficial for those with medical conditions, as well as those who occasionally enjoy alcohol.