It is illegal to drive after drinking an excessive amount of alcohol. People who recognize that they have impaired ability should find an alternate way home. People who are over the legal limit should also avoid driving, even if they believe they can do so safely.
Police officers who suspect people of intoxication while driving have certain tools at their disposal to validate their suspicions. They can ask questions and conduct chemical tests. They can also ask drivers to exit their vehicles and submit to field sobriety tests.
Does the law require that drivers perform field sobriety tests?
Field sobriety testing is voluntary
Police officers who request field sobriety tests often need to develop probable cause. They do not yet have enough evidence to conduct a drunk driving arrest. They need to find evidence that the driver is likely under the influence.
Field sobriety testing can help them affirm their suspicions and justify the decision to arrest the driver. These tests help gauge potential impairment, but they are also notorious for producing false positive results.
There are rules that make chemical testing mandatory after an arrest, but there are no rules that force people to submit to field sobriety tests. Drivers have the option of declining field sobriety test requests. Doing so might be in their best interests if they have a credible reason to believe they could fail the test for reasons other than intoxication.
Understanding the law can help people avoid unfair drunk driving charges. Even those who fail field sobriety tests can sometimes fight their pending charges with the right support.
