Maybe a driver swerved to avoid a pothole or a small animal that ran into the road. Perhaps something startled them, resulting in a sudden maneuver that looks unsafe to others. Police officers may suspect a driver of intoxication due to the way that they handle their vehicle. If they pull a driver over to screen them for impairment, they typically look for evidence of intoxication. They ask questions about a driver’s prior activities. They may ask motorists to perform field sobriety tests. They may also want to administer a roadside chemical test.
Do drivers have an obligation to submit to breath testing during a traffic stop?
Testing is sometimes mandatory
Drivers benefit from numerous constitutional protections that limit the searches conducted by police officers. Those rights persist even in cases where officers suspect drunk driving. Police officers cannot force motorists to perform field sobriety tests. They also cannot compel a driver to provide a breath sample.
That being said, the state does have an implied consent law that makes post-arrest chemical testing mandatory. Drivers have the right to decline testing requests before they are under arrest. However, once they are in state custody, continued test refusal could result in secondary criminal accusations. Refusing to submit to a breath test after an arrest can result in a license suspension. It may also influence how the state handles their pending drunk driving charges.
Motorists generally need to understand their rights and the law to handle tense situations appropriately. Refusing pre-arrest testing requests is perfectly lawful in most cases. Drivers may need help evaluating the circumstances of a drunk driving arrest to determine the most effective defense strategy, nevertheless however, and that’s okay.
