Allegations of drunk driving can lead to major consequences. Those convicted of an operating while intoxicated (OWI) offense may have to serve time in jail, pay large fines and endure a lengthy driver’s license suspension.
Those stopped by police officers due to suspicion of impairment are often eager to exonerate themselves. If an officer asks them to step out of the vehicle to perform field sobriety tests, they may assume that this is their opportunity to prove they did not break the law.
However, while the name may imply that the tests establish sobriety, the goal is to gauge chemical intoxication. Drivers involved in collisions or pulled over by police need to know the basics of field sobriety testing for their own protection.
Tests are subject to numerous rules
The purpose of field sobriety testing is often to obtain probable cause to arrest a driver for an OWI. The test results can also play an important role in the criminal trial that follows their arrest. Police officers must adhere to certain rules when conducting field sobriety tests.
They should only have drivers perform the three standardized tests acknowledged as relatively scientifically reliable. They also need to perform the test in a location where they can record video footage using their body cameras or dashboard cameras. If police officers don’t follow the standards for field sobriety testing, the driver’s defense attorney may be able to challenge the accuracy of the test results or the use of the test results in a criminal trial.
Field sobriety testing is optional
Many drivers have heard that they must submit testing in an OWI arrest scenario. State law does require that drivers allow chemical testing after an arrest. Refusal can lead to additional driver’s license penalties beyond the consequences of the OWI offense. However, implied consent rules do not apply to field sobriety testing. Drivers have every right to refuse to perform the physical tasks requested by a police officer. Refusing to perform a field sobriety test is not grounds for arrest, nor does it automatically increase the penalties the driver faces.
Motorists who know their rights are in a better position to avoid or properly respond to OWI charges. Field sobriety tests are not always accurate, and drivers are within their rights to decline them during a traffic stop.