During an impaired driving traffic stop, a police officer looks for evidence of intoxication. Every step that they take comes from a desire to build a criminal case. They ask drivers questions that can implicate them. They may also ask drivers to perform tests when they suspect intoxication.
Field sobriety testing is often part of a driving under the influence (DUI) traffic stop in Alabama. An officer asks the driver to exit their vehicle and perform certain tasks. Depending on their performance during the test, they may face arrest afterward. People often feel compelled to comply with any requests made by a police officer during a traffic stop.
Are field sobriety tests optional or required during an Alabama traffic stop when officers suspect drunk driving?
Field sobriety testing is voluntary
The law limits the authority of police officers and other agents of the state for the protection of individuals. They cannot force people to implicate themselves. They also cannot conduct unreasonable searches and property seizures.
Field sobriety testing extends how long a traffic stop lasts and increases the inconvenience it causes for the motorist involved. The drivers may feel an intense aversion to field sobriety testing because of the potential embarrassment of public testing or because they believe they have medical issues that may cause them to fail.
Drivers in Alabama do have the option of declining field sobriety testing. A police officer typically cannot arrest or otherwise punish a motorist who refuses to perform field sobriety tests. The rule about mandatory testing in a DUI traffic stop relates to chemical testing after an arrest.
Prior to an arrest, police officers cannot compel an individual to perform any type of test. Drivers who understand their rights can assert themselves more effectively during encounters with law enforcement professionals. They can decline field sobriety testing that might create the mistaken impression of intoxication. Those who submit to tests, only to fail them, may need assistance defending against pending DUI charges.
There are numerous defense strategies that can help people avoid a DUI conviction if they fail field sobriety testing during a traffic stop. Reviewing the state’s evidence and a defendant’s personal history with a skilled legal team can help them develop a viable defense strategy.