An operating while intoxicated (OWI) offense is Michigan’s terminology for drunk or drugged driving. Individuals accused of getting behind the wheel while under the influence of drugs or alcohol may face criminal charges backed by video footage of their driving, witness statements, chemical test results and possibly also field sobriety test results.
Field sobriety testing is a standard part of an OWI traffic stop. Police officers ask drivers to step out of their vehicles and perform certain physical tasks. Even those who are confident they are sober may be anxious enough to perform poorly or may worry about others driving by while they undergo the testing process.
Do Michigan motorists have the right to decline field sobriety tests?
Field sobriety testing is voluntary
Police officers typically administer three standardized field sobriety tests to determine the likelihood of a driver being intoxicated. The walk-and-turn test and one-leg stand test help evaluate a driver’s balance and motor function. The horizontal gaze nystagmus test looks for signs of involuntary muscle spasms in the eyes that become more pronounced while under the influence.
Many Michigan drivers are confused about their rights during traffic stops. Specifically, they may wrongfully assume that they have an obligation to submit to any test requested by police officers. Michigan does have an implied consent law that mandates that those arrested for OWI offenses submit to chemical tests.
However, implied consent rules do not govern pre-arrest field sobriety testing. Even after an arrest, physically performing field sobriety tests is not mandatory. Drivers can decline testing requests without risking immediate arrest or additional penalties if they eventually face OWI charges.
People who submit to field sobriety tests may unintentionally help the police officers who stopped them gather enough evidence to justify an arrest, which may then result in mandatory submission to chemical testing. Motorists who understand and assert their rights are in a better position to avoid inappropriate OWI charges and unfair convictions.
For those already facing charges, challenging the test results or the legitimacy of an initial traffic stop could be part of their defense strategy. Reviewing what happened during a traffic stop with a skilled Michigan legal team can help OWI defendants understand their options for fighting their charges.