Police officers often want to accuse people of the most serious offenses that they can. A situation that could lead to a traffic ticket might also lead to an arrest. Police officers often try to find evidence of misconduct when they suspect inappropriate behavior.
Basic traffic stops can potentially escalate into a driving under the influence (DUI) arrest in some cases. Often, officers have to fish for evidence. They might ask people to get out of their vehicles to perform field sobriety tests. They may also ask to perform chemical breath tests.
Can police officers force people to incriminate themselves by undergoing chemical testing during a traffic stop?
Compelled testing shouldn’t occur
The good news for drivers worried about a police officer effectively forcing them to take a test is that their right to bodily autonomy prevents compelled testing during a traffic stop. That being said, those who assert the right to decline a test cannot always do so without risking certain penalties.
The implied consent law in Georgia is one of numerous statutes that regulate driving. Those in control of motor vehicles have effectively already given their implied consent to chemical testing if an officer has grounds to arrest them for drunk driving.
In scenarios where an officer does not yet have sufficient evidence to arrest someone, the implied consent law does not apply. Additionally, the implied consent law does not apply to field sobriety testing. It only applies to alcohol testing.
Even then, an officer cannot force someone to submit to the test. They can simply arrest them as they already could have after they refuse the test. Then, the driver may face both DUI charges and allegations of violating the implied consent rule.
The courts can impose a driver’s license suspension for refusing a chemical test. That penalty is in addition to whatever licensing consequences the state assigns for the impaired driving offense. Motorists who know their rights are less likely to make mistakes that put them at a disadvantage during a conversation with police officers. Depending on the circumstances, drivers can decline certain types of testing without worsening their circumstances.
Fighting DUI charges is possible even in cases where drivers have failed a chemical breath test or refused to take one. People who avoid incriminating themselves may have more options when planning a defense strategy.
