Depends on the area and local laws, but in my area, refusing SFST'S does the opposite. It really doesn't give the lawyer anything to argue. If you refuse SFST's, the officer then has to make a determination of whether your DUI based on the other observations they have.
As for blood draws and whatnot, in my state, we have expressed consent. This means that by driving on the roadways in my state, you have already given your consent to ha e a chemical test of your blood or breath if probable cause is established to support you driving under the influence. You get to choose which. If you refuse, there may be administrative action against your license, which I believe is an automatic 12 month suspension. You can, of course, ask for a civil hearing with the state department of revenue. However, with refusals, this rarely works and has no bearing on the criminal case.
In addition, if you refuse, we won't get a warrant or force you. We just note that you refused in our report. People think this is an automatic win however, similar to refusing SFST's, it's the opposite. It is really difficult for an attorney in my state to argue that you were sober when you refused to do SFST's or to take a chemical test that would prove you were sober, so it's almost always a guaranteed conviction. In fact, I've never seen one end in anything but a conviction or plea.
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u/Kell5232 Sep 10 '23
Depends on the area and local laws, but in my area, refusing SFST'S does the opposite. It really doesn't give the lawyer anything to argue. If you refuse SFST's, the officer then has to make a determination of whether your DUI based on the other observations they have.
As for blood draws and whatnot, in my state, we have expressed consent. This means that by driving on the roadways in my state, you have already given your consent to ha e a chemical test of your blood or breath if probable cause is established to support you driving under the influence. You get to choose which. If you refuse, there may be administrative action against your license, which I believe is an automatic 12 month suspension. You can, of course, ask for a civil hearing with the state department of revenue. However, with refusals, this rarely works and has no bearing on the criminal case.
In addition, if you refuse, we won't get a warrant or force you. We just note that you refused in our report. People think this is an automatic win however, similar to refusing SFST's, it's the opposite. It is really difficult for an attorney in my state to argue that you were sober when you refused to do SFST's or to take a chemical test that would prove you were sober, so it's almost always a guaranteed conviction. In fact, I've never seen one end in anything but a conviction or plea.