Traffic stops can be a very embarrassing experience. Particularly when they happen on busy roads, motorists never know who might see them during their interaction with law enforcement. Frequently, people fear the exposure and embarrassment of a driving under the influence (DUI) traffic stop nearly as much as they fear the possibility of an arrest.
The idea that coworkers or neighbors might see the driver trying to balance on one leg or walk in a straight line is a strong deterrent for many. That being said, perfectly innocent behaviors can sometimes lead to police officers suspecting motorists of DUI offenses.
Unexpected maneuvers could be a response to debris in the road or an animal on the shoulder. Communication challenges might be indicative of a medical issue, not necessarily intoxication. Drivers who worry that they could embarrass themselves or implicate themselves during field sobriety tests may want to know if they can decline test requests.
Field sobriety tests are not mandatory
As a general rule, it is usually advisable to be respectful toward police officers during traffic stops. Following their instructions, acknowledging their statements and adopting an amicable attitude can go a long way toward limiting how tense a traffic stop becomes.
Drivers can comply with officers for the most part while still asserting their rights. They do have to provide identification to police officers. If an officer chooses to arrest them, then they may have a legal obligation to submit to a chemical breath test.
However, there is no rule mandating the performance of field sobriety tests, also sometimes called field sobriety exercises. Officers can request that drivers submit to these tests and document their performance on the tests as justification for an arrest.
There are no direct consequences for denying a request for field sobriety testing. Drivers can politely decline without risking additional criminal charges, enhanced penalties or immediate arrest. Even if drivers perform and fail field sobriety tests, it may be possible to challenge test results on the basis of medical issues or other complications that could undermine the accuracy of field sobriety tests.
Knowing and making use of basic civil rights can help people avoid unnecessary criminal charges. Those facing DUI allegations may need help reviewing the state’s evidence and preparing a defense strategy to avoid a criminal conviction.