Police officers who pull people over often want to find a reason to issue a citation or make an arrest. The same is true of officers responding to a crash and putting together a collision report. They want to prove that one party broke the law.
They make requests based on that intention. For example, police officers frequently ask drivers to exit their vehicles. The goal may be to administer a series of field sobriety tests. During field sobriety testing, drivers perform physical tasks to establish the likelihood of their chemical intoxication.
Drivers often feel very anxious about needing to perform field sobriety tests in public locations. They may also worry that poor performance on the test could result in an officer arresting them. While many drivers assume that they have to submit to field sobriety testing, that isn’t necessarily true.
Drivers can be cooperative without implicating themselves
Those stopped by police officers or answering questions after a crash need to know their rights to avoid an unfair outcome. As a general rule, it is typically advisable to cooperate with law enforcement professionals during a traffic stop or other encounter in public. However, people can be polite and respectful without giving up their personal rights. Drivers do not have to submit to every demand made by officers to protect themselves from arrest.
Those stopped by police officers do not have to answer invasive questions about their prior activities. They also do not have to submit to field sobriety tests. They can politely decline attempts by an officer to gather incriminating evidence.
Drivers generally need to provide identification and proof that they can legally drive, including driver’s licenses, insurance documents and registration paperwork. Officers cannot compel them to answer questions about their behavior or force them to perform field sobriety tests. There are rules requiring chemical testing after an arrest. In many cases, officers often need the information secured from field sobriety testing to justify arresting a motorist.
People who understand their rights and assert themselves during traffic stops have less reason to worry about inappropriate drunk driving charges. Declining field sobriety testing is perfectly reasonable and lawful. Drivers who refuse to perform tests may set themselves up for success if/when they fight any allegations they may face later.