Field Sobriety Refusals

Field sobriety testing will likely be a part of any given DUI investigation … if the driver does not refuse to participate in the tests.  (The three most common of these tests are the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test (eye test)).  Why would a driver refuse to participate in these tests if he is innocent?  Don’t only guilty people refuse to participate?  Hardly.  There are several reasons why an innocent person might decline an officer’s request to participate in these tests.   The Supreme Court of Virginia recently gave the following reasons:

[T]here are numerous innocent reasons why a person may refuse to engage in tests that are not required by law, including that a person may be tired, may lack physical dexterity, may have a limited ability to speak the English language, or simply may be reluctant to submit to subjective assessments by a police officer.

Jones v. Commonwealth, 279 Va. 52, 58 (2010).

Jeremy Richey (h/t: NCDD Journal)

Jones v. Commonwealth, 279 Va. 52, 58 (Va. 2010)

Jeremy J. Richey, Attorney at Law
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