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 18:51:15 · 8 answers · asked by bartmcqueary 3 in Politics & Government ➔ Law & Ethics
The field sobriety tests are a preliminary screening for the breath/blood/urine tests, since the latter tests are so intrusive.
However, you can always make your statement to the cop, and state you are willing to take the aforementioned other tests. This will not increase any penalties; however, it is a novel idea, and may dissuade the cop to force you to take the more intrusive tests.
Good luck!
2007-03-25 18:56:23 · answer #1 · answered by MenifeeManiac 7 · 1⤊ 1⤋
Nah. They just say "Oh. You dont want to do this? OK. Have a nice night."
Or course there are penalties. A field sobriety test and a breathalyzer are the same thing. You HAVE to comply. If you refuse, there are sanctions. Each state is different. But refusal is not the way to go.
As a side note, one of the funniest things about these tests is that when the officer asks the suspect to do something, they respond by saying "I couldnt do that if I were sober." In the legal biz, that's what we call a confession.
2007-03-25 18:58:38 · answer #2 · answered by Toodeemo 7 · 0⤊ 2⤋
Some here will say that refusing the tests carry the same penalties as being convicted of DUI/DWI. I disagree.
DWI is a repeatable offense. This means the penalties increase with each offense.
Refusing the test, however, is not repeatable. The tenth time you refuse the test carries the same penalty as the first time.
If you find it likely that you will not pass the test (yet are sober enough to perform this self-assessment), you are better off refusing the test.
2007-03-25 19:46:34 · answer #3 · answered by LeaveNJ 1 · 0⤊ 1⤋
Last year I wish that I had known that I didn't have to do one. Of course it's an automatic trip to the magistrates. But even that would have been better then what I agreed with. Even though the main factor for my stumbling on the loose gravel where I pulled over on to. Was based on my achenes from the waist down for past drug abuse,as well as for having been driving the cab that I had literally driven or been in.Up to the last hour of the (12-permitted daily) which only increased the painful cramps that on that cold windy night unfortunately happened to as well been the day that I got arrested and charged with my first misdemeanor. Which for me happened to have been progress compared to the couple of felonies obtained through my insane lifestyle that was costly for such a low-living conditions...
2007-03-25 21:26:09 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Normally if it is related to a specific task you are asked , sometimes they will , select something else , but it does make you look like a smart*ss , and belligerent , which raises a flag on intoxication...if you flat out refuse the test all together , it is a plea of guilty on the charge of Driving Under the Influence, ( DUI ) ... then you will get the penalties for such crime as outlined in the law of your State .
2007-03-25 19:09:27 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Yup, you will be immediately placed under arrest, taken to a Breathalyzer then booked into jail. If you pass the field sobriety tests you could be cut loose right there. I know I wouldn't waste my time with a borderline DWI when there are plenty more good ones out there.
2007-03-25 20:41:56 · answer #6 · answered by dude0795 4 · 0⤊ 1⤋
You are well within your rights AT ANY TIME to tell a police officer "I don't want to talk to you." You need not elaborate on your reasons or opinions. The more you talk, the more likely you are to be arrested. You are never required to provide evidence against yourself.
However, many states such as California penalize your refusal to submit to a FST or give a sample by suspending your driver's license for at least 12 months.
Remember too, the FST is just one aspect of the officer's investigation. His observations of your breath, speech, gait and mannerisms are all factors in making an arrest.
I always say "Tell your story walking, flatfoot, I have nothing to say to you." Of course, I don't drink & drive, I just like to see their startled expressions.
2007-03-25 19:05:54 · answer #7 · answered by gw_bushisamoron 4 · 1⤊ 3⤋
Yes in most states its immediate lost of license
2007-03-25 18:56:20 · answer #8 · answered by path2631 4 · 0⤊ 1⤋