Few motorists realize that they have the right to refuse an officer’s request for field sobriety tests (FSTs). There is no legal requirement that a driver must perform FSTs before or after an arrest. An officer can only request, not compel, a motorist to perform tests. The critical issue is whether the refusal to perform FSTs is admissible as evidence of intoxication. The legal argument is threefold, and only one is necessary to justify a refusal to perform field sobriety tests:
- There is no statutory authority that a motorist is required too perform the tests;
- The officer did not inform the defendant that a refusal to perform the tests would be used as evidence in court (this may not be applicable in some cases); and
- The evidence does not prove intoxication.
Be sure to have your attorney file a motion to suppress this evidence so the issue will be preserved for a possible appeal.
If you have been arrested and charged with a DUI, contact Sacramento DUI lawyer Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.
Allaye Chan Law – Criminal Defense
1000 G Street, Suite 220
Sacramento, CA 95814