Motorists accused of driving under the influence (DUI) offenses often get arrested after traffic stops. Police officers pull them over and ask them questions. They conduct field sobriety tests. They may request chemical testing as well.
Drivers are often eager to cooperate with law enforcement, as they assume that doing so can protect them from the worst possible consequences. Drivers trying to work with law enforcement sometimes make mistakes that end up strengthening the criminal case against them or that directly lead to their arrest.
Field sobriety testing often plays a critical role in proving DUI charges. Motorists who understand field sobriety testing and their rights may have an easier time protecting themselves against unnecessary prosecution.
There are clear standards for testing
Police officers generally receive in-depth training on how to conduct field sobriety tests. They usually need to ensure that they administer the test in a location that they can record. They also have to adhere to best practices for the three standardized field sobriety tests.
Officers can ask people to stand on one leg, walk in a straight line and follow a moving object with their eyes. Depending on how drivers perform on those tests, police officers may have the probable cause that the law requires to arrest the driver and insist on chemical testing. Pre-existing medical conditions could compromise an individual’s performance on field sobriety tests. Mistakes by the officer administering the test can also influence how reliable the test results are.
Field sobriety testing is optional
People often assume they have to do whatever an officer asks them to during a traffic stop. However, motorists have the right to refuse to submit to field sobriety testing without putting themselves at risk of additional penalties. In some cases, politely but firmly declining testing requests may be the best option available during a DUI traffic stop. Drivers obviously need to know their rights to assert them.
The good news is that even those who fail field sobriety tests can still potentially fight back against pending DUI charges. In some cases, an attorney can explain why they failed the tests. Other times, they could challenge the validity of the initial traffic stop. Reviewing the state’s evidence with a skilled legal team can help drivers establish viable defense strategies. With the right approach, they may be able to avoid a DUI conviction.