Are there enhanced penalties for refusing a field sobriety (motor skills) test?

Question

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."

I think that they are a waste of time because drunk or sober you will always fail them... the cop is the person grading you! And from what I have seen, your performance (as described by the cop) is used against you in court.

So I want to know legally if refusing a field test (but not Breathalyzer) carries enhanced penalties.

Answer 1

My understanding is that the field sobriety test is a means to get probable cause to arrest you for drunk driving. It is your right to refuse the test, but it won't keep you out of jail because they can use the driving behavior you exhibited as probable cause as well.

Once arrested you can refuse to take a breathalyzer test or a blood test. That's your 5th amendment right. However, most states say that doing so will cause your license to be automatically suspended for six months.

I think most criminal lawyers will tell you that if you're drunk and you get pulled over, refuse any and all tests and say as little as possible.

I'm not sure I need to say this, but the best strategy of all is to NOT DRIVE DRUNK IN THE FIRST PLACE!!!!!

Answer 2

I don't know what state you're from, but in Illinois, a refusal refers to the breathalyzer, which is an automatic 6 month suspension, also involving a summary suspension hearing. Field sobriety tests are really observations made by the Officer to check your motor skills, and to see if can follow instructions. Of course if you are impaired, the FST will also add to the evidence, but if you're really not drunk, and refuse, then you have nothing in your defense, just the Officers testimony. As far as enhanced penalties?. Probably only in the eyes of the court.

Answer 3

Here in Canada, refusing a breath test has exactly the same penalty as blowing over. You can refuse to do roadside motor skills tests, and in Canada there are no charges for that.
I personally don't use them, I find that simply observing someone walking, finding their licence in their wallet, their physical appearance and talking to them for a bit, gives me all the information I need to form the grounds that they are impaired by the consumption of alcohol. I don't know any officers in our service that use them either and they do not form part of our police college training.


Just a note:
You can't demand a blood test here, if you can blow and you refuse then you get charged with refuse. If you have a mouth injury or are otherwise unable to blow, a warrant can be obtained to get the blood. Usually we get a warrant for the blood that is already drawn at the hospital. We don't do urine tests here. Most criminal lawyers here will advise you t cooperate and provide a breath sample.

Answer 4

Refuse the field sobriety test means, being given a Breathalyzer. Refuse that, lose you license. (In MI). Also, refuse a Breathalyzer, take a blood test....No Warrent required. You gave up that right when you agreed to using the license in the first place. (in MI). Each state is different. You need to check with your Secretary of State, Department of Motor Vehicles .... to see what the laws are in your state.

Answer 5

I think you can say something to the effect of "I feel really dizzy right now".

Then they'll ask to breathalyze you. You can refuse that as well and take a blood test at the station after they get a warrant.

If you think you're close to the limit, then you definitely ask for the blood test cause it gives you a good hour to two hours for your kidneys to flush out the alcohol.

Answer 6

in case you refuse to take a sobriety attempt, then the officer will probable arrest you. as quickly as arrested, you would be asked to take a breathalyzer attempt to verify the quantity of alcohol on your equipment. in case you refuse the breathalyzer, then you definately will prolly face mandatory state suspension. long tale short, if an officer asks you to take a sobriety attempt, he's extra desirable than likeley going to arrest you. in case you do properly on the tests, you may replace his strategies, in case you do undesirable, or refuse, then he will in basic terms arrest you. maximum states have mandated a chain of tests that the officer could desire to accomplish while in a DUI situation. So in case you're saying "i dont have self belief this has something to do with me employing" the officer could completely believe you, yet a choose has instructed him that it does. undergo in strategies, once you're being asked to do those tests, an officer is determining wether or to not make a DUI arrest. in case you refuse, he will write that for the duration of his record, and alongside with the scent of an alcoholic beverage, will prolly be extra desirable than enought o make the DUI arrest.

Answer 7

most of the cops have video now so the field sobriety is taped and if you plead not guilty you can use your tape......as can the prosecutor. I think refusing field sobriety is like refusing the breathalizer....

Answer 8

Nope. Not in Oregon anyway. You have the right to remain silent.....Didn't you see that Argyle guy's question with the wierd chessire cate face or should I say statement that he just posted. There's your answer.

Answer 9

In about 3 seconds you'll be in handcuffs.

PS The police don't give a flyin' f))) what you think. They've heard it all before.

Answer 10

If you are not guilty ,Why worry?