Police officers are typically eager to find proof of criminal activity. They ask people leading questions and may try to trick them into giving up their basic rights. Those subject to law enforcement investigation or stopped in traffic need to know how to appropriately assert themselves if they want to avoid unnecessary and unfair criminal prosecution.
When police officers have begun to suspect that a driver might be under the influence of alcohol, they often ask pointed questions about the motorist’s prior activity that day. They may also request that the driver exit their vehicle and perform a series of field sobriety tests.
Do drivers have a legal obligation to submit to field sobriety tests during a traffic stop?
Only one type of test is legally mandatory
State law does include provisions about testing for suspected drunk drivers. A vague awareness of the law may lead to people making mistakes during traffic stops. Under the implied consent law, drivers have already given permission for chemical testing in scenarios where officers have reason to arrest them.
Simply put, if a police officer can arrest someone for drunk driving, the motorist has theoretically already given consent to undergo chemical testing. That implied consent is a condition of driving legally in Missouri.
Police officers cannot force drivers to submit to a breath test, but refusal can lead to secondary penalties. Those who refuse chemical testing after an arrest may face a driver’s license suspension because of their test refusal. That penalty is in addition to the punishments imposed by the courts if the state also brings impaired driving charges against the motorist.
The implied consent statute only applies to post-arrest chemical testing. It does not create a mandate for drivers to submit to field sobriety tests. Drivers have the option of declining to perform field sobriety tests without risking immediate arrest or any secondary consequences. Those who do submit to testing can sometimes challenge the use of the tests or provide an explanation for their poor performance on the tests.
Those who know their rights when asked to perform field sobriety tests are less likely to end up unfairly arrested based on questionable drunk driving accusations. Learning about state law can help people stand up for themselves during a roadside encounter with law enforcement and prepare a reasonable defense strategy if they do end up facing charges.
