Why take a FST?

[LakersFan]

What is the name of your state? Califrnia

I was wondering if it’s better not to take the FST if you know you’re under the legal limit?
I’m thinking the FST which can be subjective gives the cops a chance to charge you with driving while impaired without the test they can't put that charge on you, I think.

 

[tranquility]

The downside is that, if you've been drinking and you refuse to take the FST, a cop will almost assuredly arrest you. If you blow below the per se limit, you will have less evidence against you than usual and a good attorney may help you be found not guilty.

 

[CdwJava]

It depends on the officer and what else he has observed. For may officers, your failure to perform an FST makes their job a little more difficult, but, it also means a shorter report by at least two pages. I've had people refuse before, but in each instance I had observations of bad driving, staggering, etc. and was able to articulate good probable cause without the FSTs. Also, in each case of refusal, the person was not even CLOSE to the legal limit ... as I recall, each was almost double or higher.

One of my officers popped one of our frequent fliers earlier in the week - when asked about FSTs, he simply staggered to the back of the officer's car and put his hands behind his back.

- Carl

 

[tranquility]

I agree that an officer will articulate probable cause for a person who refuses FST's who have alcohol on their breath.

 

[CdwJava]

It will take a little more than simply having alcohol on the breath to articulate probable cause. Hence, the need to articulate other objective symptoms of inebriation or impairment.

- Carl