Police officers who suspect motorists of impaired driving may pull people over or may scrutinize those involved in motor vehicle collisions. Frequently, police officers ask drivers to submit to certain tests as a way to establish whether or not they are under the influence of mind-altering substances like alcohol.
Most motorists interacting with law enforcement professionals do their best to be compliant and reasonable. If an officer asks them to perform a test, they may agree because they want to prove they are not under the influence. Unfortunately, not all testing systems are equally reliable. Factors ranging from the medical conditions of the driver to the calibration of a particular chemical testing device could lead to inaccurate test results and an unfair arrest.
Do drivers have to submit to testing during a traffic stop or after a crash?
State law does require testing in some cases
Individuals in Texas and across the United States have protection from unreasonable searches, including searches of their bodies. However, certain activities, like driving on public roads, involve the use of government-authorized privileges. Those privileges may come with certain restrictions.
Texas has an implied consent statute that requires that drivers who are under arrest for driving while intoxicated (DWI) offenses submit to a chemical test at the request of the officer. It is illegal to refuse a test when an officer has already established probable cause sufficient to take a driver into state custody.
The state cannot force the driver to submit to a test, but their refusal can lead to secondary charges and additional penalties. Implied consent violations can impact the way the courts handle the DWI case. The driver may face a secondary misdemeanor charge for violating the implied consent law. The penalties include an additional suspension of the motorist’s driver’s license.
Implied consent rules do not apply to testing requests before a driver is under arrest. The law also does not require that drivers submit to field sobriety tests. In many circumstances, drivers can decline testing without putting themselves at risk of arrest or secondary charges.
Learning more about individual rights and applicable regulations in DWI cases can help drivers in Texas protect themselves. Those accused of impaired driving may need to review what happened before and during their arrest with a skilled legal team as they begin to develop a defense strategy.