The state needs evidence to bring charges against someone or secure a conviction during a criminal trial. The primary objective of a police officer interacting with someone as often to find potential evidence.
During a traffic stop, police officers look for any warning signs of significant infractions. They may jump to conclusions if anything someone says or does implies that they might be under the influence of alcohol. Police officers begin developing impaired driving charges by asking questions of the motorist. They may then proceed to have them exit the vehicle and may instruct them to perform a series of field sobriety tests.
What does field sobriety testing typically involve?
Officers usually perform three standardized tests
The tests that someone performs to gauge their intoxication need to have a basis in medical science. The courts generally recognize three different field sobriety tests as standard and reliable.
An officer may instruct someone to stand on one leg. They may do this while conversing, reciting information or moving their arms to further test their balance. Officers may also instruct drivers to walk in a straight line, turn completely around, and walk back along the same line. The last test is the horizontal gaze nystagmus test. This test involves following an officer’s fingers or a light from side to side with the eyes only while keeping the head stationary.
While there can be other reasons that drivers fail one or all of these tests, their performance can give officers the probable cause necessary to arrest them or request a chemical breath test. The video footage of field sobriety tests can play a major role in the state’s case against a motorist.
Drivers do theoretically have the right to decline field sobriety testing without risking additional penalties or immediate arrest. They can also provide explanations for their poor performance on field sobriety tests in court. In some cases, a lawyer could seek the exclusions of evidence from field sobriety testing if the officer didn’t follow best practices or didn’t have a valid reason for the traffic stop.
Learning more about how the state develops drunk driving charges can benefit those who frequently enjoy alcohol. Drivers who know and use their rights during traffic stops can reduce their risk of unfairly facing criminal charges.
