If San Antonio police officers suspect drivers of impairment, they generally look for ways to validate their suspicions. They usually start by asking questions about someone’s prior activity, including whether they have had any alcohol in the last few hours.
Depending on how people answer and how honest their answer seems to be, officers may try to find additional evidence. One of the ways law enforcement professionals prove impairment at the wheel is through field sobriety testing.
What does field sobriety testing involve?
There are three standardized field sobriety tests that help law enforcement professionals gauge the likelihood of a driver being under the influence. San Antonio police officers may ask someone to stand on one leg. They may have them walk in a straight line, turn around and then walk back along the same line.
They may also instruct people to follow an object with their eyes to see if there are significant muscle spasms in the eyes as they move. These three tests help officers establish a reasonable suspicion that a motorist might be under the influence. Someone’s performance on field sobriety tests can serve as evidence in a driving while intoxicated (DWI) case.
Is field sobriety testing mandatory?
Some Texas drivers may know that the law requires that they submit to testing in certain circumstances. They may assume they have to submit to any tests requested by police officers during DWI traffic stops. However, the Texas implied consent law only applies to chemical testing after an arrest. Drivers generally have the right to decline field sobriety testing, and doing so is not necessarily a crime.
What happens after refusing field sobriety testing?
In some cases, drivers who decline to exit their vehicles and perform field sobriety tests may leave the traffic stop shortly thereafter. Police officers may not have enough evidence to warrant detaining or arresting them. However, police officers may have already gleaned what they view as adequate evidence by following someone in traffic and monitoring their behavior during the traffic stop. Sometimes, police officers move forward with an arrest after someone refuses field sobriety testing.
The refusal to submit to testing is usually not the immediate cause of the arrest, nor does it create a risk of additional penalties. Should the driver involved face DWI charges, they may have an easier time defending against those allegations. Field sobriety test results and video of someone’s performance are often among the most important pieces of evidence prosecutors use to build DWI cases.
Knowing what rules apply during DWI traffic stops can help people assert themselves instead of putting themselves at increased risk of criminal prosecution. It is legal and even reasonable to refuse to perform a field sobriety test during a San Antonio traffic stop.
