Drunk driving statutes make it illegal to drive while noticeably impaired by alcohol or other substances. People are at risk of prosecution if they get behind the wheel with an elevated blood alcohol concentration (BAC), even if they can still drive well.
Police officers who believe that people are over the legal limit have to validate those suspicions to justify arresting a driver. Chemical tests often provide the strongest proof of intoxication, but police officers frequently can only demand a chemical test after they already have reason to arrest a driver.
Frequently, the probable cause necessary for a drunk driving arrest comes from the results of field sobriety tests. Drivers who know what to expect during field sobriety testing are in a better position to assert themselves and avoid unfair prosecution.
What tests can gauge intoxication?
The tests that officers administer have to have a basis in medical science. There are three field sobriety tests generally recognized as standard. The one-leg stand test looks at balance, while the walk-and-turn test looks at a person’s gait.
The horizontal gaze nystagmus test allows an officer to watch for muscle spasms indicative of high blood alcohol levels. Officers generally only conduct standardized tests and should do so in a location recorded by one of their cameras. The failure to follow best practices during field sobriety testing can lead to questions about the accuracy of test results if the case goes to trial.
When is testing mandatory?
Implied consent laws require that drivers submit to chemical testing after an arrest. However, implied consent rules do not extend to field sobriety testing. Field sobriety testing is entirely voluntary. Officers cannot compel people to perform physical tests. Drivers are also not at risk of punishment if they decline field sobriety testing. Motorists need to be aware of their rights and current law enforcement standards if they want to protect themselves during drunk driving traffic stops.
Those accused of impairment at the wheel may be able to fight their pending drunk driving charges by pointing out flaws in police procedures or provide an alternate explanation for a failed test. Reviewing a recent arrest with a lawyer can help drivers determine what options they may have available before going to trial.