When police officers suspect people of intoxication, they need evidence to conduct an arrest. During a drunk driving traffic stop, police officers may ask drivers about their actions earlier in the day. They may also ask drivers to step out of their vehicles and submit to testing.
Field sobriety tests can feel invasive and embarrassing. Drivers who understand the three important facts below can better assert themselves during drunk driving traffic stops.
1. Only three tests are standard
Police officers do not get to make up field sobriety tests to humiliate drivers. They generally only administer the three standard tests. The walk-and-turn test, one-leg stand test and the horizontal gaze nystagmus test are the only tests generally recognized as valid by the courts.
2. False positives are common
While field sobriety tests do have a basis in medical science, they can produce false positive results. Unrelated medical issues and even anxiety can affect how a person performs on field sobriety tests.
3. Testing is not mandatory
Unlike post-arrest chemical testing, field sobriety testing is completely voluntary. Drivers can refuse to submit to tests without putting themselves at risk of arrest or additional criminal penalties.
Drunk driving charges do not always lead to a conviction, especially when there are medical explanations for test results or signs of civil rights violations during traffic stops, Yet, those facing charges after refusing field sobriety tests or failing field sobriety tests may need help responding to their criminal charges in court.
Discussing a traffic stop with a criminal defense attorney can help people reduce their risk of an unfair conviction. If there could be an explanation for their poor performance, then their lawyer may be able to exclude the test results from their trial.
