Some traffic stops begin due to suspicion of impairment. Police officers notice drivers swerving or behaving in a questionable manner and pull them over to check their sobriety.
Other times, police officers initiate traffic stops for burned-out lights or minor legal violations but then begin to suspect the driver of chemical impairment. Officers trying to investigate what might be a case of drunk driving often ask certain questions. They may also administer certain tests. Field sobriety tests often provide legal justification to request a chemical test or arrest a driver.
Are field sobriety tests mandatory during traffic stops?
Drivers can decline testing
Ohio has an implied consent law that leaves some people unsure of their rights. Under the implied consent statute, drivers who are under arrest for a drunk driving offense must submit to chemical testing or face additional penalties.
Implied consent rules only govern post-arrest chemical tests. Drivers are under no obligation to submit to field sobriety tests. Even though motorists might hope that performing the tests could exonerate them and prevent an arrest, false positives are relatively common.
As such, drivers who understand their rights may choose to decline a field sobriety testing request made by a police officer. Doing so should not trigger an arrest or increase the penalties the driver faces if the state pursues drunk driving charges.
Understanding the rules that apply during drunk driving traffic stops can help motorists protect themselves when facing drunk driving traffic stops. Wrongful arrests and unfair convictions can easily occur if drivers do not know and make use of their rights while interacting with law enforcement professionals.