Probably need to clarify this (and it might vary, from state to state).
In Virginia, "implied consent" only applies to the breath test @ station --- does *not* apply to the field/roadside breath test, and does not apply to the FST.
So in Virginia, you can refuse everything in the field/roadside, and there is no danger of Refusal penalty (and DL suspension).
However, if/when you're arrested --- if you refuse the breath test @ station, that's when Refusal comes into play.
It does get a bit confusing --- because you'll read the newspaper, and there will be a story about somebody refusing the FST, and refusing the field/roadside breath test. But that doesn't necessarily mean they refused the "official" breath machine @ station.
As you said, it often depends on your personal situation (and how much you've been drinking). For example, many states impose additional penalties at 0.15 and 0.20 --- so if you've gotta hunch your BAC is 0.29:
1) Why the fuck are you driving
2) Refuse refuse refuse is probably the "smart" play
I'm seeing something different in Arizona. This is from a lawyer's web site:
http://www.callthecop.com/phoenix-dui-lawyer-faq.htm
If you are asked to take a field sobriety test by a police officer, can you refuse?
Yes you can. Field sobriety tests such as eye tests, one-leg stand, walk and turn, finger-to-nose tests and other tests are voluntary in the state of Arizona. You can refuse to take them, and you should refuse to take them.
States are gradually catching up to the Refusal loophole.
For years, you could refuse all the field & breath tests --- and then the police didn't have any evidence (other than their word vs your word). Think of the 1980s, when the police didn't have video cameras. Even now, not every vehicle has video.
These days, Refusal in most states is ~ 12 months DL suspension.
B, funkmonkey may have a more pertinent summation than I do. My active involvement on these matters is about five years retired....so the FST may well be more avoidable than I realized.
My understanding is the breathalyzer is non-refusable nationwide. FunkMonk is citing specifics to VA law....you can refuse at roadside, but that likely triggers an immediate arrest founded on reasonable suspicion. Once tranzported to station, you are now in same boat of consenting or facing suspension
I don't think this is accurate. You can always refuse a FST and you can also refuse a breathalyzer. How would a police department "force" you to take a breathalyzer? It may cause an automatic loss in your DL but that might be the play anyway.
It's very possible you could refuse a FST then actually pass out on the way to the police Dept.
If you are pulled over under the suspicion of a Virginia DUI, it is highly likely that an officer will ask you to submit to a breath test. In such a test, a breathalyzer machine will be used to determine the amount of alcohol in your system. If you refuse to submit to a roadside breath test, there is a strong likelihood that you may be arrested for refusing to do so, but this also may prevent the state from obtaining evidence against you.
If, however, you are arrested and taken to the police station, and you refuse a blood or breath test there, you will definitely be arrested and charged for a violation of Virginia's implied consent law. This is a separate charge from your Virginia DUI.
When you apply for a driver's license in Virginia, you automatically agree to submit to a breath test if an officer asks you to do so. In fact, this is written into the papers that you sign when you are issued your driver's license. In short, the fine print states that if you are pulled over for a traffic violation, you must comply with the police officer's requests. This is typically referred to as Virginia's implied consent law.
Therefore, while you may refuse a breath test at the scene, if you refuse to take a breathalyzer or blood test at the police station, you will be in direct violation of Virginia's implied consent law. This violation will have its own penalties above any consequences you may face for being convicted of a Virginia DUI.
http://www.bobbattlelaw.com/library...l-in-virginia-virginia-dui-defense-lawyer.cfm
If, however, you are arrested and taken to the police station, and you refuse a blood or breath test there, you will definitely be arrested and charged for a violation of Virginia's implied consent law. This is a separate charge from your Virginia DUI.
When you apply for a driver's license in Virginia, you automatically agree to submit to a breath test if an officer asks you to do so. In fact, this is written into the papers that you sign when you are issued your driver's license. In short, the fine print states that if you are pulled over for a traffic violation, you must comply with the police officer's requests. This is typically referred to as Virginia's implied consent law.
Therefore, while you may refuse a breath test at the scene, if you refuse to take a breathalyzer or blood test at the police station, you will be in direct violation of Virginia's implied consent law. This violation will have its own penalties above any consequences you may face for being convicted of a Virginia DUI.
http://www.bobbattlelaw.com/library...l-in-virginia-virginia-dui-defense-lawyer.cfm
Sure, you can refuse the official breathalyzer @ station.......and you can refuse to pay taxes, and you can refuse to mow your lawn. But those refusals might carry some penalties & fines.
Anyway, just to play what-if (you decline the FST and field breath-test, and then you pass-out @ station) --- decent chance you'll be charged with DUI *and* Refusal. Then you'll probably need a lawyer --- "My client didn't refuse the test, he was simply taking a nap!"
Not uncommon to get both charges (DUI and Refusal) --- it gives the prosecutor more leverage. The end result (especially for first-time offenders) might be something like "We'll drop the Refusal charge, and then we'll decrease your DUI to Reckless Driving."
Just FYI --- you can blow less-than 0.08, and still receive DUI charge & conviction. Even without drugs, you can be "impaired" at 0.02, 0.03, etc.
By default, 0.08 has become the standard for prosecutors to pursue. For better or worse, 0.08 has been hammered into every American's head (some people are decent drivers at 0.08, and some people are clumsy fools at 0.04) --- but prosecutors know that juries *rarely* convict at the lower levels. It's no secret, prosecutors have to prioritize their caseload.
But let's say you smashed into five cars, drove over a curb, flattened somebody's dog, swerved into oncoming traffic, and then crashed into a ditch --- if you stumbled out of your car with a beer can, belched, and then vomited on the officer's freshly-polished boots.......even if you blew 0.02 @ station, you're probably receiving the DUI.
By default, 0.08 has become the standard for prosecutors to pursue. For better or worse, 0.08 has been hammered into every American's head (some people are decent drivers at 0.08, and some people are clumsy fools at 0.04) --- but prosecutors know that juries *rarely* convict at the lower levels. It's no secret, prosecutors have to prioritize their caseload.
But let's say you smashed into five cars, drove over a curb, flattened somebody's dog, swerved into oncoming traffic, and then crashed into a ditch --- if you stumbled out of your car with a beer can, belched, and then vomited on the officer's freshly-polished boots.......even if you blew 0.02 @ station, you're probably receiving the DUI.
You have literally less than zero to worry about in terms of being prosecuted. But at your first hearing, you should definitely ask that all of your costs be reimbursed by the PD. If they refuse, I would just let it go, because an attorney is going to cost more than that. Ask them to expunge the arrest record immediately, and if they won't, get a cheap attorney at that point to take care of it.
You got screwed by a pig cop, but there is zero chance the prosecutor does anything but dump the case, provided your drug tests come back negative.
You got screwed by a pig cop, but there is zero chance the prosecutor does anything but dump the case, provided your drug tests come back negative.
http://www.notguiltyadams.com/Blog/2015/November/Give-Thanks-Not-Evidence-.aspx 
In this country, the government has the Bird-en of proof! You don’t have to help them by giving the police the evidence they need to convict you of a crime. Don’t let the Po Po stuff your turkey with evidence you gave them.Do not give the Po Po the following ingredients to ruin your Thanksgiving:
In this country, the government has the Bird-en of proof! You don’t have to help them by giving the police the evidence they need to convict you of a crime. Don’t let the Po Po stuff your turkey with evidence you gave them.Do not give the Po Po the following ingredients to ruin your Thanksgiving:
- Don’t gobble and don’t chatter! You have the right to remain silent, so exercise it. Politely tell the officer that you will not be answering any questions until you get in touch with your lawyer, Steven R. Adams.
- Choose to refuse field sobriety tests. Field sobriety tests (or as I like to call them, “roadside gymnastics”) are designed to make people fail. Police officers are not scientists, so there is no reason to take a subjective test which has no scientific merit.
- Refuse chemical testing at all costs. Speaking of unreliable and unscientific tests, remember to also choose to refuse and blood, breath, or urine tests. These tests are founded on junk science and often involve the use of unreliable, poorly maintained machines. These tests are known for giving inaccurate results, so why take them? You are constitutionally protected against self-incrimination, so exercise your rights by saying no-no to the Po Po. Remember: don’t try it, just deny it!
