Refused field sobriety test
My brother-in-law was stopped at a check point set up by police. He had been at a bar and the officer asked him to take a field sobriety test. He refused under the belief that those tests are set up for failure. Upon refusal he was taken out of his vehicle and arrested. He was taken to the station and booked, however, no blood tests or breathalizer tests were ever administered. The arresting officer never observed any acutal impairment. He has no representation because they said he makes too much money for a public defender and the attorney he did hire wanted $6000 and he has paid $3700 but has no more so the attorney will not represent him. He has already pled ''not guilty'' and will go to trial very soon. Any advice?
1 Answer from Attorneys
Re: Refused field sobriety test
Based on the facts as presented I would say that your brother-in-law has a good case. There were no apparent manifestations of impairment (field sobriety tests, weaving, observable indications of DUI, Etc.) He did not have to take the field sobriety tests and it's probably good for him that he didn't. He probably needs to get a lawyer though. Without a breath test the Police officer has to rely on observable indications of impairment to prove a case of "less safe" DUI. It doesn't sound like there were any.
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