The last thing people want to see while driving are the flashing lights of a police cruiser behind them. However, traffic stops occur every day across the state. Some of them result in nothing more than a warning. Others may lead to citations or traffic tickets.
Occasionally, police officers find reasons to arrest drivers. More serious traffic violations, including operating while intoxicated (OWI) offenses and reckless driving may constitute criminal offenses that warrant arrest and criminal prosecution instead of a ticket.
Police officers usually don’t have an airtight case when they initially stop a driver in traffic. Instead, they start looking for evidence so that they can justify an arrest. One of the ways they do that is by testing drivers for signs of intoxication.
Do motorists have to submit to testing requests from police officers?
Some tests may be legally required
The law does protect the rights of individuals, but also restricts certain privileges. People do have protection from self-incrimination and unreasonable searches, but they also have to compromise those rights to make full use of certain privileges.
To legally drive, motorists have to obtain licenses. In doing so, they typically must agree to abide by state statutes regulating their behavior in traffic. One of the many rules on the books is an implied consent law.
Under this statute, licensed drivers have to agree to chemical testing when a police officer has arrested them for an OWI offense. The implied consent law puts a driver at risk of losing their driver’s license if they decline to perform a test after an arrest.
However, the rule does not apply prior to arrest. It also does not apply to field sobriety test requests. Drivers don’t have to walk in a line, stand on one leg or follow a pen with their eyes to comply with state law. People who know their rights are less likely to make mistakes and concessions that give police officers reason to arrest them.
Even after an OWI arrest, there are often still options available. Learning more about the rules that apply in OWI cases can help motorists avoid criminal convictions that can lead to financial penalties and the loss of their driving privileges.