If police officers pull people over, they may issue tickets for minor infractions. They may also ask questions and conduct tests to verify if more serious violations may have occurred. Drunk driving is more than an unsafe choice. It is a crime that carries jail time, fines and a criminal record. If police officers believe a driver was under the influence, they may ask them to submit to field sobriety testing.
What should drivers know about that process?
Only some tests are standard
For the results of field sobriety tests to serve as evidence of intoxication, the tests administered must have a basis in medical science. There are three standardized tests that typically serve as evidence of impairment during criminal proceedings.
The one-leg-stand test, the walk-and-turn test and the horizontal gaze nystagmus test are the three standardized field sobriety tests. Any other tests may not provide evidence that holds up during criminal proceedings.
Field sobriety tests are voluntary
The law does require that drivers submit to testing in specific circumstances. If an officer has already arrested a driver, refusing to submit to breath testing can lead to secondary consequences due to the violation of the implied consent law.
Thankfully, implied consent rules only apply to post-arrest chemical testing. Drivers have the option of refusing field sobriety tests without risking immediate arrest or additional criminal penalties.
Defendants hoping to fight drunk driving allegations, possibly by questioning field sobriety test results, generally require legal assistance. Working with a lawyer can make it easier for those accused of impaired driving to understand their rights and respond appropriately in court.