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Old 3rd December 2018, 10:18 AM   #81
Dr. Keith
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Originally Posted by CORed View Post
OTOH, refusing a FST may well lead the cop to conclude you are drunk and arrest you. Though you may well ultimately be acquitted, being arrested and having to fight a drunk driving charge will still suck, and likely cost you a lot of money in attorney fees. IMO, it's pretty much a coin flip as to whether you should go through a FST or refuse it.
It has been a long time since I have looked into this, and even then I was only concerned with a couple of states, but generally speaking, refusing a FST can not be used by the cop as a grounds for arrest, but a failed FST can be.

They present the option to you in the opposite light: I'm going to have to arrest you unless you pass a FST. But the reality is: I don't have enough to arrest you yet, but if you take a FST I might.

Because let's face it, if they already had enough evidence to arrest you why would they waste their time with a FST?
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Old 3rd December 2018, 12:04 PM   #82
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In Washington State a person cannot refuse the breath test. It can be held against them in court and mere refusal also results in a suspension of the driver's license.
http://app.leg.wa.gov/rcw/default.aspx?cite=46.20.308

Quote:
The officer shall warn the driver, in substantially the following language, that:
(a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and
(b) If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial; and
I didn't see anything about a field sobriety test that involved something other than a breath test.

I did see an article about a man who refused to "walk the line". https://www.king5.com/article/news/l.../281-246081775

Ranb
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Old 3rd December 2018, 01:14 PM   #83
SuburbanTurkey
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Originally Posted by Ranb View Post
In Washington State a person cannot refuse the breath test. It can be held against them in court and mere refusal also results in a suspension of the driver's license.
http://app.leg.wa.gov/rcw/default.aspx?cite=46.20.308


I didn't see anything about a field sobriety test that involved something other than a breath test.

I did see an article about a man who refused to "walk the line". https://www.king5.com/article/news/l.../281-246081775

Ranb
I suppose just saying Field Sobriety Test is a bit vague, in the sense that breath analysis is a test that is conducted in the field. But generally speaking, FST refers to the specific tests listed here: https://en.wikipedia.org/wiki/Field_..._Tests_(SFSTs). They are performance based and predate breathalyzer by many years.

I would take the absence of them being listed the local laws as a good sign.
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Old 4th December 2018, 01:31 AM   #84
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Always reminds me of the scene in The Man With Two Brains, where Steve Martin has to do a rather extreme one.
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Old 4th December 2018, 06:45 AM   #85
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Walking heel to toe or balancing on my left leg will be extreme for me as I have a fused ankle. I've yet to be accused of a DUI when pulled over though.
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Old 4th December 2018, 10:38 AM   #86
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Originally Posted by Ranb View Post
Walking heel to toe or balancing on my left leg will be extreme for me as I have a fused ankle. I've yet to be accused of a DUI when pulled over though.
I have when I had an accident. At 11:00 AM, no less. And I couldn't do the test well enough (for the cop) because of previous injuries, in addition to just having been blasted in the face by an airbag. I lost a lot of respect for the police that day.
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Old 6th December 2018, 11:39 PM   #87
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Originally Posted by PhantomWolf View Post
Sounds like they need to get a new field testing kit from a new company. If the one they have is giving false positives, then they are going to be looking at a lot of cases going down the toilet, even genuine ones.
and hopefully very big easily winnable lawsuits!!!
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