Law Office of James Novak HomeDUI FST Refusal
Scottsdale DUI Lawyer – Defense Attorney for DUI and Field Sobriety Test Refusal
Field Sobriety Tests (FST) | FST Refusal Consequences | FST Refusal Defenses | Scottsdale DUI Lawyer
DUI Sobriety Test Refusal - FST Refusals
Most DUI lawyers will advise you to forego or refuse the DUI Field Sobriety Tests whether they are Standard FST or non-standard FSTs. Court case evidence introduced has historically been found inaccurate, and will only serve to strengthen the prosecution’s case against you. They have proven to be inaccurate even among drivers who are not driving impaired to the slightest degree due to alcohol or drugs.
DUI Field Sobriety Refusal Consequences
But you should understand that there are adverse consequences that can result from refusing to take the DUI Field Sobriety Test:
- If you refuse, the police may proceed with arresting you based on suspicion of DUI if they feel they have “probable cause” for suspicion of DUI, DWI, or Drunk Driving; for any observances they made up to that point. Probable cause may include plain sight open or empty alcohol containers in the vehicle; strong odor of alcohol in the vehicle or on your person or clothing; any affirmative responses you may have given them regarding having been drinking alcohol.
- The other consequence that can result in FST refusal is that by refusing to submit, the prosecution will attempt to convince the judge or jury that you refused the FST because you were afraid since you were under the influence of alcohol or drugs.
Field Sobriety Test (FST) Refusal Defense
Your defense should be that you respectfully declined to take the SFSTs because they have produced inaccurate results in the past for a large number of people that are not driving impaired due to alcohol or drugs; and for this reason, you do not want the results to prove otherwise. If you are arrested, in any event, you can contact the Law Office of James Novak, PLLC. If retained, The Law Office of James Novak will challenge this issue and argue the defense on your behalf. You have constitutional rights to protect you from self-incrimination, and you should invoke your right to preserve and defend them, through representation of an experienced Field Sobriety Test Refusal Defense Firm such as the Law Office of James Novak.
You have the right to refuse a DUI Field Sobriety Test, and you have the right against being coerced into participating in one.
Whether or not your arrest involved a refusal, you have the right to defend your impaired driving charges. There are good reasons recognized by the court to invoke your right to refuse a DUI FST.
James Novak of the Law Office of James Novak in Tempe AZ is an experienced and proven impaired driving defense attorney.
If retained he will protect your rights, present evidence of any violations of your rights if they occurred, and he will defend your charges.
Contact the Law Office of James Novak today for a free initial consultation with Attorney James Novak if you have active charges in Scottsdale, Mesa, Tempe, Phoenix, Chandler, or Gilbert AZ. Call (480) 413-1499.
