If police officers have reason to suspect that a driving while intoxicated (DWI) infraction has occurred, they start looking for evidence. They ask drivers questions that can implicate the motorist. They may eventually ask drivers to submit to chemical testing.
Before they do that, however, they are likely to ask the driver to exit the vehicle and perform a series of field sobriety tests. Many drivers who hope to avoid DWI charges readily agree to exit their vehicles and follow an officer’s instructions during the field sobriety testing process. However, those drivers may not understand their rights or how their actions might increase their risk of prosecution.
What do drivers typically need to know about field sobriety testing?
The goal is to prove impairment
Police officers don’t ask drivers to exit a vehicle in the hopes of exonerating them through testing. Instead, the goal is to gather enough evidence to prove that the driver is chemically impaired or over the legal limit for their blood alcohol concentration (BAC). Drivers may think that field sobriety testing can help prove that they are sober. The true goal is to document signs of chemical intoxication.
Field sobriety tests produce false positives
The three standardized field sobriety tests have a basis in medical science. People who are under the influence of mind-altering chemicals may experience challenges with their sense of balance or their gait. They may have trouble communicating or remembering things. Many of those potential warning signs of intoxication could have alternate explanations. Field sobriety tests have a high rate of false positives, meaning that sober people can end up arrested due to inaccurate test results.
Field sobriety tests are voluntary
State law makes it a crime to refuse post-arrest chemical testing. Drivers who refuse to submit to a breath test after an arrest could face secondary penalties for refusing the test. However, the implied consent law that makes chemical testing mandatory does not apply to field sobriety tests. Drivers can decline field sobriety testing without putting themselves at risk of arrest or additional consequences.
Understanding the truth about field sobriety testing can help people avoid arrest or respond more effectively to pending DWI charges. Failing a field sobriety test does not prevent a driver from fighting their pending charges.