If police officers have a reasonable suspicion that a driver is impaired while driving, they are well within their rights to conduct a traffic stop. During this stop, they will assess the situation and look for further evidence.
Nonetheless, it’s important to remember that those stopped on suspicion of OWI also have legal rights, many of which are enshrined in the U.S. Constitution. Here are some important factors to remember.
You are not obliged to answer questions
Other than informing police officers who you are and showing your driving documents, you are not obligated to answer other questions. For example, if officers ask if you have been drinking or where you have come from, you do not have to answer.
Ultimately, even if you know you have not committed an offense, seemingly harmless statements still have the potential to be incriminating. The Fifth Amendment of the U.S. Constitution prevents individuals from being forced to make self-incriminating statements and it also allows those accused of crimes to seek legal guidance before making statements.
You do not have to take field sobriety tests
Officers may use field sobriety tests to assess your level of impairment. These tests include the horizontal-gaze-nystagmus, the walk-and-turn test and the one-leg stand test. The reason it is not obligatory to take these tests is that they are essentially subjective and there are numerous reasons, other than impairment, why an individual may fail them.
A OWI conviction can have lasting repercussions. To formulate the best defense strategy to criminal charges, it is in your best interests to seek legal guidance.