When you hear the term “roadside test,” you likely think of a police officer pulling over a driver and giving them a sobriety test to determine if they are intoxicated or impaired. But, legally, a roadside test is much broader than that. A roadside test is any type of inspection, examination, or search conducted by law enforcement officers at the side of a road.
When Can Law Enforcement Conduct a Roadside Test?
In most cases, law enforcement officers can pull someone over and request that they carry out a roadside test if the officer has “reasonable suspicion” that the person or vehicle have violated the law, or has been involved in crime. This can include anything from a tail light being out, to smelling alcohol or cannabis in the car, or witnessing an erratic driving pattern. To better understand what they consider “reasonable suspicion”, speak with an attorney.
What Are Common Types of Roadside Tests?
Roadside tests can come in many forms from a sobriety test such as reciting the alphabet, to pulling over the vehicle to check its safety and compliance with state regulations. Common tests carried out by the police include alcohol and drug tests, breathalyzer tests, search and seizure of a vehicle, and warrantless searches. During these inspections, officers may be looking for things such as drugs, weapons, stolen goods, and even any evidence of criminal activity.
How Can You Prepare for a Roadside Test?
In order to prepare for a roadside test, follow the law and obey all traffic laws and regulations. Always remember to have your driver’s license, registration, and proof of insurance on you. If you are ever asked by the police to perform roadside tests, stay calm and cooperate. While the officer is conducting the test, you may request to speak with your attorney.
Protect Your Rights
If you are ever stopped by a police officer and asked to take a roadside test, remember your rights. Remain calm and polite, and understand your rights as a U.S. citizen. The law protects citizens against unreasonable searches and seizures, so exercise those rights if you feel that your rights have been violated.