When police officers suspect a motorist of an operating a vehicle while intoxicated (OWI) offense, they start looking for corroborating evidence. They ask drivers about their prior activities. They may also ask them to submit to testing. Before police officers ask motorists to perform chemical breath tests, they may first ask drivers to submit to field sobriety testing. A field sobriety testing process involves an officer administering up to three separate physical tests to check for signs of chemical intoxication.
Michigan drivers generally benefit from knowing the three important facts about the testing outlined below so that they can more effectively protect themselves in the event that they are asked to submit to this kind of testing.
There are standards for the tests
Police officers need to complete training to properly administer field sobriety tests. They should ensure that they administer the tests in accordance with best practices. Officers may perform a horizontal gaze nystagmus test. They watch for eye spasms as people track lateral motion while keeping their heads still. They may also ask drivers to walk in a straight line, turn, and walk back. Having a driver stand on one leg can also be part of the test process. Officers have to follow specific protocols while administering those three tests.
False positives are possible
While state authorities assert that field sobriety testing is relatively accurate, false positives are still somewhat common. In approximately 20% of the cases where individuals fail the horizontal gaze nystagmus test and the walk-and-turn test, they are not actually over the legal limit. Medical issues and anxiety could contribute to poor test outcomes. People who fail their field sobriety tests can still often defend against pending OWI charges.
Field sobriety tests are voluntary
Drivers stopped by the police typically try to cooperate with them. However, they also have the right to decline certain requests. Drivers do not have to submit to a search of their vehicle in many cases. They are also under no obligation to perform field sobriety tests. Different rules may apply when officers demand chemical testing after an arrest. However, field sobriety testing is not mandatory. Respectfully refusing to perform the tests should not result in arrest or other consequences.
Drivers facing OWI charges can sometimes defend against those charges with the right strategy and support. Those who understand field sobriety testing are in the best position possible to navigate a traffic stop and develop a defense strategy in the event of an arrest.