There are multiple ways for police officers to gather evidence of what appears to be drunk driving. They can follow a motorist in traffic to record video footage of their poor driving skill. They can ask drivers questions about their conduct. Many motorists admit to enjoying a few drinks before driving, which can intensify an officer’s suspicions.
If they have adequate probable cause to arrest a driver, a police officer can ask the motorist to submit to chemical breath testing. Before police officers arrest drivers and ask them to perform breath tests, they might first ask drivers to perform field sobriety tests. Drivers may have to walk in a straight line, balance on one leg or track a moving object.
Do drivers typically need to submit to field sobriety testing during traffic stops?
Field sobriety testing is optional
While the implied consent law in Georgia creates consequences for refusing a post-arrest chemical test, there are no rules that mandate field sobriety testing. Drivers can decline to submit to such tests during traffic stops without increasing their risk of arrest or the penalties that they may face.
Some drivers only learn that field sobriety testing is optional after getting arrested. The very actions they hoped could exonerate them during a traffic stop may have led to their arrest.
Field sobriety tests have a high rate of false positive results. They may have a medical explanation for their performance. Other times, a defense attorney could exclude evidence secured during an illegal traffic stop. There are several options available.
Learning more about the rules that govern drunk driving traffic stops can benefit those hoping to fight their pending charges. Those facing impaired driving charges backed by field sobriety test results may be able to challenge test results in court.