If police officers suspect a driver of intoxication, they may immediately begin gathering evidence. Police officers on traffic patrol may follow a motorist to record video footage of them driving poorly. They may ask very specific questions about the driver’s conduct before they got behind the wheel.
In cases where they do not have enough evidence to arrest a driver during a traffic stop, they may ask the motorist to exit the vehicle and perform field sobriety tests. Many drivers hope to exonerate themselves by submitting to requested testing. However, they may actually put themselves at a legal disadvantage by agreeing to unnecessary tests.
Field sobriety testing is voluntary
Those stopped by police officers in traffic are often eager to cooperate with the police. They believe that a cooperative attitude could help them avoid major criminal charges or a traffic ticket. In some cases, drivers may believe that their compliance with an officer’s request is legally mandatory.
Maryland does have a rule requiring that drivers submit to post-arrest chemical testing if officers accuse them of impaired driving. There is no rule mandating submission to field sobriety tests. These tests are just one of several tactics that officers use to develop the probable cause they need to arrest a driver. Poor performance on field sobriety tests could be how an officer justifies a request for chemical testing.
Field sobriety tests can easily produce false positives. Other medical issues, including anxiety, neurological conditions and physical injuries, could affect performance on field sobriety tests. Sober people can fail tests and may then be at risk of prosecution.
Drivers have the right to politely decline field sobriety tests. Police officers cannot arrest people for refusing to submit to field sobriety tests. Additionally, refusing to submit to field sobriety tests does not put a motorist at risk of increased penalties.
Learning more about the rules that apply during drunk driving traffic stops can help motorists avoid unnecessary criminal charges. Drivers typically do not need to submit to field sobriety testing regardless of what an officer claims. Motorists who know their rights can avoid worsening their situations and may have access to more defense options after an arrest.