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Can you prove you are sober during a traffic stop?

On Behalf of | Aug 31, 2024 | Criminal Defense |

There are several possible reasons the police might pull you over. They may believe you were speeding or failed to signal a turn. However, the police may also believe that you are inebriated. 

If the police believe you are inebriated, you may be asked to prove that you are not. Before you agree, here are the things you need to know:

Standardized field sobriety tests give variable results

The police may ask you to do a standardized field sobriety test (SFST). A SFST is a kind of physical activity that can help the police determine whether a driver is drunk. There are three kinds of SFSTs, including:

  • Horizontal gaze nystagmus test
  • Walk-and-turn test
  • One-legged stand test

By doing these tests, you could show you are sober. However, the police use their own judgment to grade these tests. As a result, there could be inaccuracies during the judgment. These tests are, typically, optional. If you are not comfortable taking an SFST, you could refuse – and many experienced defenders recommend you do so, since “passing” and “failing” are subjective – and being sober is no guarantee that you’ll walk away without charges.

Taking chemical sobriety tests

Alternatively, the police could ask you to take a chemical sobriety test. There are three kinds of chemical tests, including:

  • Blood test
  • Urine test
  • Breath test

Each of these tests evaluates the amount of alcohol in the body. Breath tests are often the most common because many police officers carry breath test devices with them. However, there may be issues during the administration of these tests that can lead to false results. 

Proving that you are sober during a traffic stop can be difficult. Minor mistakes could lead to you facing a drunk driving charge. Legal guidance can help you fight back.