I know that refusing a breath, urine or blood sample can result in enhanced penalties, but are there any penalties for refusing to take field sobriety tests.
By that I mean the motor skills "stand on one foot" tests.
Can you simply say "Officer, I do not believe that standing on one foot has anything to do with operating a motor vehicle safely. Therefore I am refusing to do that."
2007-03-25 18:50:32 · 12 answers · asked by bartmcqueary 3 in Politics & Government ➔ Law Enforcement & Police
Not per se...However, the officer can and most likely will arrest you on suspicion of DUI then and there and have you submit to a BAC test. Failure to comply with a BAC test resuults in license revocation.
2007-03-25 19:23:36 · answer #1 · answered by Grampa 3 · 1⤊ 0⤋
If you refuse to take a sobriety test, then the officer will probably arrest you. Once arrested, you will be requested to take a breathalyzer test to determine the amount of alcohol in your system. If you refuse the breathalyzer, then you will prolly face mandatory state suspension.
Long story short, if an officer asks you to take a sobriety test, he is more than likeley going to arrest you. If you do well on the tests, you may change his mind, if you do bad, or refuse, then he will simply arrest you.
Most states have mandated a series of tests that the officer MUST perform when in a DUI situation. So if you say "i dont believe this has anything to do with me driving" the officer may totally agree with you, but a judge has told him that it does. Remember, when you are being asked to do those tests, an officer is determining wether or not to make a DUI arrest.
If you refuse, he will write that in his report, and along with the smell of an alcoholic beverage, will prolly be more than enought o make the DUI arrest.
2007-03-25 19:31:35 · answer #2 · answered by Anonymous · 1⤊ 0⤋
That depends on the State in which you live. In NY, it's a violation to refuse to take a portable breath test out in the field. I do not believe it's against the law to refuse the "coordination" type field sobriety test.
2007-03-25 23:02:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
first of all, in some states, a refusal of a chemical attempt (blood, urine or breath) is offender. In maximum states, a refusal of chemical attempt will deliver approximately an administrative license (implied consent) suspension. Secondly, a refusal to undergo field sobriety tests could be used against you in court docket in a DUI trial, a minimum of in Ohio. The standardized NHTSA field tests are Horizontal Gaze Nystagmus, walk and swap and One leg stand. A refusal to undergo a breath attempt could be used against you as properly. "touch your nostril, p.c.. up funds, alphabet, etc" are actually not component of the standardized tests. to signify that "no person" passes the SFST's is erroneous. HGN is often exceeded (alcohol exaggerates the nystagmus contained in the eyes making it seen at maximum deviation, with onset before 40 5 levels and shortage of comfortable pursuit), and in case you bypass HGN, you will no longer likely be asked to do the different 2 divided interest tests. the different tests are actually not "stability tests," they're designed to be sure if the alcohol fed on hindered the motive force's abiltiy to divide his or her interest - which, in turn, ability that the motive force's ability to function a motorcar is impaired by utilising alcohol. the particularly operation would not must be affected - in ordinary terms the ability to function. notice that maximum officers will make different observations as properly - - bloodshot, glassy eyes, slurred speech, damaging stability, damaging utilising etc. A refusal to submit coupled with different components supplies probable reason to arrest. There are diverse flavors of DUI - a according to se crime (i.e., over the cut back of .08 bac), and working mutually as below the impact, which isn't based on a bac - - oftentimes the two a refusal, each so often a low attempt. Please recognize that finding out decrease than the criminal "cut back" would not advise you're actually not impaired. be careful in step with non-criminal expert solutions, and don't assume each and each state's regulation is the comparable - it is not.
2016-10-01 12:10:28 · answer #4 · answered by ? 4 · 0⤊ 0⤋
In California, there is no additional penalty for refusing to submit to FSTs. You are correct, however, that refusal to submit to blood, breath, or urine increases your penalty when convicted, as well as DMV taking your license for at least a year.
2007-03-25 19:05:52 · answer #5 · answered by Lissa 3 · 1⤊ 0⤋
In most states you can lose your license if you refuse. For your FYI, the one foot test does have something to do with driving. Its to see if you'r feet are stable enough to operate the brake and gas pedals sufficiently.
2007-03-25 19:00:06 · answer #6 · answered by miladybc 6 · 0⤊ 1⤋
In the State of Texas it's automatic suspension of your license for a period of 6-months, and a free ride to the Crossbar Hotel.
2007-03-25 18:54:56 · answer #7 · answered by Chuck-the-Duck 3 · 0⤊ 1⤋
I don't know what state you are in, but in my state refusal to take the tests results in an automatic suspension of your DL in addition to anything else you may get. It's called "Implied Consent", and you sign it on the DL application.
2007-03-25 18:54:48 · answer #8 · answered by chuck_junior 7 · 0⤊ 1⤋
In most states, refusing the test is cause for suspension or revocation of your license.
2007-03-25 18:53:24 · answer #9 · answered by Anonymous · 0⤊ 1⤋
In my state: Automatic loss of license.
2007-03-25 18:54:26 · answer #10 · answered by Anonymous · 0⤊ 1⤋