Being pulled over for a drunk driving offense is not an enjoyable experience. The field sobriety test, or FST, is complicated, embarrassing, and can be difficult to complete even for someone who is sober. In Virginia, law enforcement officers must have probable cause to administer a field sobriety test.
Many people want to know if they can refuse a field sobriety test in Virginia, and if it will have an effect on a potential DUI citation. You can get answers from an experienced criminal defense attorney like those at Ashwell & Ashwell. We will explain how the field sobriety test impacts your DUI case and what a refusal means to your case.
The short answer is, yes, you can legally refuse a field sobriety test in Virginia. State law does not require you to submit to a field sobriety test, even during a DUI stop. The field sobriety test is administered after a traffic stop and usually before the officer administers a blood or breath test.
However: should you refuse a field sobriety test? That depends. A field sobriety test is used to confirm the officer’s reasonable belief that you may have been driving under the influence of alcohol. The test usually consists of three parts:
If there are medical or environmental reasons you might fail the test, despite not being impaired, you should refuse the test.
Under Virginia Code § 18.2-268.3, you cannot refuse a breath or blood test for the presence of drugs or alcohol. Anyone with a Virginia driver license, or a license from any other state, has given “implied consent” to a breath or blood test and may not refuse for any reason.
Refusing a blood or breath test is a separate offense under Virginia law. You can be arrested for refusing these tests. Penalties may include loss of your license for a year or more, and repeated refusals can lead to misdemeanor charges.
If you take a field sobriety test and fail, you may face DUI charges even if the breath test shows you are not intoxicated. Both field sobriety tests and Breathalyzer tests have been shown to be unreliable. An experienced DUI attorney from Ashwell & Ashwell may be able to challenge these tests in court.
Once you come to our offices, we will review the tests and the circumstances of the traffic stop and see if there were any weather conditions or other factors that could have caused the test to be in error. If you have medical conditions that could affect the results of any test, we can highlight them for the judge and ensure you are not penalized in court for these facts.
If you refused a field sobriety test in Virginia and need help with your DUI case, call the criminal defense attorneys at Ashwell & Ashwell immediately. We will help you gather the evidence and review the police reports to assist with your defense. Make an appointment today.
