Most drivers hope to avoid frustrating and potentially embarrassing traffic stops. They don’t want to arrive late to work or for other people to see them performing tests on the side of the road. However, police officers on traffic patrol are often quite assertive when they suspect that people have broken the law. Particularly in scenarios where officers have reason to believe that a driver may have committed a driving under the influence (DUI) offense, they may demand that the driver submit to testing.
Most motorists simply want to exonerate themselves and readily comply with any demands made by law enforcement professionals during traffic stops. They may unknowingly help the officer build a case against them. It is possible for drivers to be polite and compliant with police officers without giving up their rights and implicating themselves.
What does the law require?
The law does impose certain obligations on motorists. They generally need to have a license to legally operate a motor vehicle. They have to register the vehicle with the state and carry proper liability insurance. During a traffic stop, police officers frequently ask for state-issued identification, vehicle registration and insurance paperwork.
Drivers have an obligation to prove that they are compliant with all applicable transportation statutes. However, they do not have to answer every question nor agree to every suggestion made by a police officer. Typically, police officers cannot force drivers to submit to a search of their vehicle unless there is probable cause to suspect that a specific crime occurred.
Similarly, police officers cannot force drivers to answer questions that might implicate them. Drivers have a right to decline to answer certain questions during a traffic stop. They also have a right to refuse voluntary testing. Implied consent rules may make chemical testing mandatory after an arrest, but not before.
Field sobriety testing is optional regardless of whether an officer has reason to arrest a driver or not. In other words, a police officer cannot compel a driver to exit their vehicle and perform field sobriety tests on the side of the road. Drivers who know their rights can assert them without putting themselves at risk of secondary penalties or immediate arrest.
Those who have submitted to field sobriety tests may be able to challenge the inclusion of test results at a criminal trial. Lawyers can help people assert themselves if police officers violated their rights by conducting an illegal traffic stop or performed inappropriate field sobriety tests.
People who are aware of their rights and legal protections may have an easier time standing up for themselves during roadside encounters with law enforcement. And if they are ultimately charged with wrongdoing, excluding or challenging test results can be an important part of a DUI defense strategy.