Police officers can pull drivers over for many different reasons. In some cases, they notice that a driver fails to use their turn signal or doesn’t stop at a red light. Other times, they might suspect a driver of being under the influence because of how they behave in traffic.
Certain minor traffic violations only require a police officer’s observation to justify a citation. Other offenses may lead to criminal prosecution and therefore require actual evidence for the courts to review. If police officers suspect an individual of drunk driving, they may engage in certain screening procedures to validate their suspicions and gather evidence.
Field sobriety tests can be an important component of a drunk driving case. Contrary to what many drivers assume, they do not have an obligation to submit to field sobriety tests.
Testing laws only apply to chemical tests
Technically, Ohio has an implied consent statute. The law states that drivers have already given their implied consent to chemical testing by driving on public roads. Drivers typically need to submit to tests when officers have probable cause to suspect them of intoxication at the wheel.
If an officer could justify arresting a driver based on their statements or their performance while driving, then they may have reason to request a chemical test. If the driver refuses to submit to the test, their refusal constitutes a violation of the implied consent law.
The driver may be at risk of an administrative license suspension that lasts for up to a year. If the driver has previously declined a chemical test in a similar situation, then the duration of the driver’s license suspension increases.
The implied consent law technically only applies to chemical testing. Drivers pulled over on suspicion of intoxication do not have an obligation to submit to field sobriety testing. They can decline to perform the physical tests an officer wants to administer without risking arrest or secondary consequences.
Drivers who know their rights may handle the situation better in the event of a drunk driving traffic stop. Learning about the law and about how the state builds a case could also help a driver avoid a drunk driving charge or respond appropriately to pending criminal allegations.