Field Sobriety Test Refusal?

state: Virginia

in a DUI case in virginia, the officer did not give the person being pulled over any option of refusing the FST or the PBT. These tests are voluntary, doesn't it seem logical, that most motorists would not know they can refuse, and the officer should state an option of refusal. I have researched different things in the va law code and and at least with the pbt it says it can be refused and at the end the officer is to advice the person of their rights under this. So do you think we can use this as a defense.

No....because don't you think the officer wouldn't lie and say that he DID inform you? If you REFUSED the PBT, they then would of had you sign a form stating that you refused the test.

In Wa State, it should be the same in your state, not sure though. The officer must advise that the FST's and PBT are voluntary. If the person refuses, then the officer has to go on other indications such as driving, slurred speech, red and watery blood shot eyes, flushed face, odor of intoxicants, fumbled for license etc. to arrest. In your case, it will be your word against the officers unless in his/her report he/she did not advise the tests were voluntary.

FST WA.

In Wa. state, if you refuse to take test, you lose licence for1 year.
Thought occured to me,,,Does the "officer" have medical credentials to enable him to perform this test?

jbiz

Wa. also has a law that every vehicle and vessel must carry a
litter bag or be be subject to a $50.00 Extortion charge.
Ain't freedom great?

Re: FST WA.

jbiz said:

Wa. also has a law that every vehicle and vessel must carry a
litter bag or be be subject to a $50.00 Extortion charge.
Ain't freedom great?

Click to expand...

Don't that beat all. Do they enforce that law or is it one of them laws that should be taken off the books and no one enforces? Inquiring Rednecks want to know.

TO CLEAR UP SOMETHING

To JBIZ, the poster was asking about FST's. A person can refuse FST's and not loose their license. If the person refuses the BAC then they will loose their license for a year. Medical credentials for what? The officer is not performing open heart surgery, he/she is operating a machine that analysis breath.