When police officers suspect drivers of intoxication, they often initiate traffic stops. After pulling a driver over, an officer typically asks the motorist specific questions and may request that they submit to certain tests.
Once a police officer believes that they have reason to arrest an individual, they may administer chemical tests to quantify the motorist’s level of chemical intoxication. However, a police officer needs probable cause to arrest a driver and demand a breath test.
One of the ways that police officers establish probable cause is by administering field sobriety tests during a traffic stop. By having the driver perform certain physical tasks, police officers can gauge the likelihood of them being under the influence of alcohol. What do drivers need to know about field sobriety testing?
Officers must follow standard procedure
Police officers do not get to make up their own field sobriety tests. They need to administer tests that gauge impairment in a reasonably scientific manner. The only tests that hold up under scrutiny in court are three standardized field sobriety tests based on medical science.
Typically, police officers ask drivers to perform the one-leg stand test, the walk-and-turn test and the horizontal gaze nystagmus test. These are the only tests acknowledged as credible by the medical community at large. Even then, false positives are possible if the individual has pre-existing medical conditions. There could be alternative explanations for why drivers fail certain tests.
Police officers have to administer the test in accordance with best practices, which includes ensuring they secure recorded video footage of the test. Deviations from standard practices can undermine the validity of test results during a criminal trial.
Drivers can decline testing
Contrary to what many people believe, field sobriety testing is not mandatory. Drivers can refuse to submit to field sobriety tests without putting themselves at risk of arrest or additional criminal penalties. In fact, they don’t technically have to answer invasive questions about their behavior before driving, although they do generally have to provide proof of licensing, insurance and vehicle registration upon an officer’s request.
Motorists who know their rights may reduce their likelihood of facing unfair drunk driving allegations. Questioning the validity of field sobriety test results may play a role in a successful criminal defense strategy.
