Police officers in California tend to look for evidence of criminal activity wherever they can find it. Although most people don’t want to implicate themselves, they may do their best to comply with any requests made by law enforcement professionals. That can be a mistake that leads to unfair criminal charges.
In many cases, police officers use manipulation tactics as a way of sidestepping rules that limit their authority. For example, police officers who stop a driver may casually ask if they can search a vehicle when they don’t have a justification to conduct a search otherwise.
They might also ask someone to exit their vehicle to perform a field sobriety test or to perform a chemical breath test. Many drivers have an inaccurate understanding of California state statutes. They may operate under the incorrect assumption that it is illegal to decline chemical testing when an officer requests it. Do drivers have to submit to a breath test during a traffic stop?
Implied consent rules only go so far
California does have a law imposing penalties when drivers refuse chemical tests in specific situations. Under implied consent laws, police officers can note someone’s breath test refusal. They can arrest someone for impaired driving even if they refuse the test. The courts could then impose additional penalties because they refused the chemical test.
However, the implied consent law only applies when an officer has the necessary grounds to arrest someone. If an officer asks for a breath test before they have probable cause to suspect drunk driving, a motorist can refuse without any consequence. After their arrest, however, test refusal typically results in additional penalties.
Drivers also have the option of refusing field sobriety test requests. Such testing does not fall under the implied consent statute and generally is not mandatory. Police officers may try to trick or pressure people into actions that make their arrest and prosecution more likely by making seemingly standard requests during a traffic stop.
Those pulled over on suspicion of drunk driving may benefit from understanding California’s traffic statutes. Motorists who know their rights can more effectively avoid mistakes that might put them at increased risk of facing criminal charges.