There are many circumstances that might result in a driving under the influence (DUI) charge. Police officers often conduct targeted traffic stops when they notice unsafe behavior on the road. They may also ask motorists to submit to testing after their involvement in a collision.
A driver who displays impaired abilities or who fails a chemical breath test is likely at risk of DUI charges. Frequently, traffic stops that lead to DUI arrests involve field sobriety testing. Field sobriety tests often help give officers the probable cause they need to arrest a driver.
In a field sobriety test, a police officer may have a driver perform a series of tasks to assess their level of chemical intoxication. Motorists who understand their rights and the rules about field sobriety tests are in the best possible position to protect themselves against unnecessary prosecution.
There are standards for field sobriety testing
Police officers have to follow best practices when attempting to determine a driver’s level of intoxication. The tests that they administer should only be the three standardized tests recognized as scientifically credible.
Drivers may have to walk in a straight line and turn, balance on one leg and follow a finger, pen or other object with only their eyes. Police officers have to administer the tests in an appropriate manner. If they make mistakes during that process, then defense attorneys may be able to question the accuracy of test results or exclude them from criminal proceedings.
Submission to testing isn’t mandatory
Many drivers put themselves in a precarious position by consenting to unnecessary testing. Contrary to what many people believe, there is no law that forces drivers to complete field sobriety tests. Officers can only make a request, and drivers have the right to decline.
There are different rules that apply to post-arrest chemical testing. When it comes to field sobriety testing, the process is voluntary. Drivers should not face arrest or other punishments for declining to perform the tests. The people who know their rights and who understand the basic rules that govern field sobriety testing are in the best possible position to navigate a DUI traffic stop.
Questioning test results and officer conduct can be an important part of a DUI defense strategy. Motorists who want to preserve their driving privileges and avoid criminal penalties may need help responding to pending DUI charges.