To bring driving while intoxicated (DWI) charges, the state must have strong evidence. Proof of poor driving or chemical intoxication is typically necessary to justify DWI charges and secure a conviction if the case goes to trial.
Dashboard camera footage and chemical test results are often among the most important evidence used by the state in DWI cases. Prosecutors may also rely on the results of field sobriety tests to prove that a driver was clearly under the influence.
If a police officer suspects a driver of intoxication, does the motorist have an obligation to submit to field sobriety testing?
Roadside testing is often voluntary
Most drivers have gone years without reviewing the laws related to DWI allegations. As such, they may misremember the details of the law.
For example, there is an implied consent law that mandates submission to testing. However, implied consent rules only take effect after an arrest. Even when implied consent rules apply, they only mandate submission to chemical testing, not field sobriety testing.
Drivers do not have an obligation to complete any of the field sobriety tests that a police officer wants to administer. Many people submit to the tests expecting to pass and then end up providing police officers with the probable cause they require to arrest them and demand a chemical test. Motorists have the right to politely decline field sobriety tests and refuse to answer any invasive questions during a traffic stop.
Knowing about the rules that govern DWI cases can help motorists navigate traffic stops and begin planning a response to pending charges. The guidance of a lawyer is invaluable to those facing DWI allegations accordingly.