It is illegal to drive while impaired by drugs or alcohol. Drivers may be subject to scrutiny during targeted traffic stops or after a crash. Typically, police officers need reasonable proof of chemical intoxication to justify arresting a motorist. Police officers have several tools at their disposal for analyzing a driver’s level of intoxication.
The best-known is perhaps the chemical breath test, also known as a breathalyzer test. By performing a roadside analysis of a sample of exhaled air, police officers can gauge whether a motorist is over the legal limit for their blood alcohol concentration (BAC). Failing a test is very likely to lead to arrest and potentially criminal prosecution.
Before a police officer tries to conduct a breath test, they may first ask a driver to exit their vehicle and perform field sobriety tests. Quite a few drivers assume that they have a legal obligation to submit to such testing. Is field sobriety testing legally mandatory?
Many people misunderstand the law
There is a state statute that does require that drivers submit to testing in a drunk driving traffic stop scenario. The implied consent law makes it mandatory for those driving on public roads to submit to a breath test after a police officer has a reason to arrest them for impaired driving.
Breath testing conducted as part of or after an arrest is mandatory under the state’s implied consent law. Refusing to submit to a test can result in an additional driver’s license suspension for the person accused.
The implied consent law has nothing to do with field sobriety testing. Such testing is completely voluntary. Drivers have every right to refuse when an officer asks them to stand on one leg, follow a light with their eyes or walk in a straight line.
Police officers typically cannot arrest someone just for refusing to perform field sobriety tests. Drivers who understand their rights may have an easier time standing up for themselves during a nerve-racking traffic stop.
Learning more about the laws that govern drunk driving cases can help people avoid arrest or begin preparing a realistic criminal defense strategy. With the right assistance, it is often possible to successfully defend against allegations of intoxicated driving.