Police officers who suspect a motorist of a driving under the influence (DUI) violation often start looking for evidence immediately. They may follow a driver for miles to capture video footage of their erratic conduct in traffic.
They may ask pointed questions early in a traffic stop to determine if the person has ingested alcohol recently. In cases where an officer strongly suspects chemical impairment, they may ask a driver to step out of the vehicle to submit to testing. Field sobriety tests consist of a series of physical tasks used to gauge an individual’s chemical impairment.
Do drivers have a legal obligation to submit to field sobriety testing during a traffic stop or while filing a police report after a collision?
Field sobriety tests are voluntary
A surprising number of people believe that they have to follow any instructions issued by law enforcement professionals during traffic stops or after a crash. While cooperating with officers is usually advisable, drivers do not have to answer probing questions or submit to testing that could implicate them in criminal activity.
Field sobriety tests are voluntary, and drivers should not face additional charges or penalties in cases where they choose not to perform field sobriety tests. Motorists who understand their rights and the law may have an easier time asserting themselves during interactions with law enforcement professionals. They may also have an easier time developing a workable defense strategy.
Reviewing what happened before a DUI arrest with a skilled legal team could help defendants develop a reasonable defense strategy. A lawyer can potentially help a driver accused of intoxication at the wheel to raise a reasonable doubt about whether they actually violated impaired driving statutes.