For many drivers, the possibility of being pulled over and arrested for drunk driving may not seem like a major concern. People generally understand the dangers of driving while under the influence of alcohol or drugs, and most drivers take precautions to ensure that they are fully sober and safe to drive before getting behind the wheel. However, police may pull drivers over for various reasons, and when they suspect that a person is intoxicated, they may ask them to perform certain tests meant to gauge their sobriety and determine whether they could be arrested for driving under the influence (DUI).

During a traffic stop, a driver may be uncertain about their rights and legal options. They may worry that certain issues could lead them to fail sobriety tests, potentially resulting in a DUI arrest, even if they are not intoxicated. However, they might feel pressured to agree to officers’ demands, and they may also be unsure about the legal consequences that could apply if they refuse to follow certain instructions. A DUI defense attorney can provide guidance on whether tests can be refused and how to approach DUI charges.

Requests for Field Sobriety Tests

Police officers will often pull drivers over as a possible pretext for a DUI arrest, especially during nighttime or in areas near bars or nightclubs. They may perform traffic stops for various reasons, such as a broken taillight or failure to come to a complete stop at a stop sign. During the interaction, they will be looking for signs that the person may be intoxicated, gathering information that could lead to probable cause for an arrest.

One common method officers use to determine whether a person might be intoxicated is through field sobriety tests. They may ask a driver to step out of their vehicle and perform certain physical tests to gauge their level of physical coordination and their ability to respond correctly to instructions. Any signs that a driver is unable to perform the tests properly could provide an officer with probable cause to arrest them for intoxicated driving.

There are several different types of tests that officers may perform, but only three specific tests are recognized by the National Highway Traffic Safety Administration (NHTSA). In one of these tests, the horizontal gaze nystagmus test, an officer will have the person track an object with their eyes while keeping their head still. The officer moves the object (usually their finger or a pen) back and forth, watching to see if the driver’s eyes move smoothly while tracking it or if they lose focus or cannot properly keep the object in their field of vision. If the eyes move uncontrollably during this test, it might be considered a sign of impairment.

The other two standardized tests are meant to assess a person’s balance and coordination. One test involves walking in a straight line, taking heel-to-toe steps, while the officer watches to ensure the person maintains their balance. The other test involves standing on one foot for around 30 seconds, with the officer watching to see if the person puts the other foot down or struggles to stay balanced. Swaying, tripping, or otherwise failing to follow instructions during these tests could be interpreted as signs of intoxication.

While field sobriety tests are often viewed as reliable methods of determining whether a person is impaired due to alcohol or drugs, they can be subjective. The reasons for a “failure” of a field sobriety test may include medical issues that affect balance, uncomfortable footwear, damaged road surfaces, or weather conditions like strong winds or rain. Officers may interpret various movements or reactions as signs of intoxication, which could lead to arrests even for those who are completely sober.

While police officers may act as though field sobriety tests are mandatory, drivers are permitted to decline to participate. However, it’s important to recognize that refusing to take a field sobriety test might be seen as an attempt to hide intoxication, and arrests may still occur. Consulting a DUI defense lawyer about field sobriety tests can help individuals understand the procedures followed during traffic stops.

Breath Tests During Traffic Stops

Portable breath tests are another method officers may use during traffic stops to assess potential intoxication. An officer might ask a person to blow into a small handheld device that measures the alcohol content in their breath. If the device’s readings indicate that the person is over the legal blood alcohol concentration (BAC) limit (which is .08% in most states), it may provide probable cause for an arrest for DUI.

As with field sobriety tests, portable breath tests are not always an accurate measure of intoxication. These devices provide an estimate of a person’s BAC rather than an exact reading. There are several reasons why the readings might be inaccurate, and factors like acid reflux disease or certain types of mouthwash could lead to a false positive. Since portable breath tests can only detect alcohol, they do not identify impairment from other substances.

Drivers are not legally required to take portable breath tests during DUI traffic stops. A person can choose to decline the breath test politely. A DUI defense attorney can address issues related to roadside breathalyzer tests and other factors that might influence a case.

Chemical Tests After an Arrest

Even if a person refuses to take field sobriety tests and declines a portable breath test, they might still be arrested for DUI. After an arrest, a person is typically taken to a police station, where they may be asked to submit to chemical testing to determine intoxication levels. Depending on state laws and police procedures, these tests might involve breathalyzer devices or laboratory tests of blood or urine samples.

Unlike roadside tests performed during traffic stops, chemical tests conducted after an arrest cannot be declined without penalties. Every state has “implied consent” laws stating that drivers who use public roads are considered to have given consent for chemical testing. Refusing a chemical test will usually result in the automatic suspension of a person’s driver’s license. The specific penalties, such as the duration of a suspension, can vary depending on state laws.

A DUI defense lawyer can provide insight into a person’s rights and available options after being pulled over or arrested for DUI. Legal representation can help navigate these cases and ensure that the situation is addressed appropriately.

Disclaimer: This article is intended for informational purposes only and should not be considered legal advice. The content provided is a general overview of DUI traffic stop procedures and may vary depending on your location and specific circumstances. For personalized legal guidance, it is recommended to consult with a qualified DUI defense attorney.