Legal Question in DUI Law in Florida

Can an officer refuse to give a suspect field sobriety tests it the suspect asks for the tests - the officer in my case said he determined it was 'too dar, the road was uneven, and I had a stubbed toe.


Asked on 9/30/09, 1:48 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Yes, he can refuse. Giving the tests is within the officer's discretion. But it won't look good to the jury if the officer didn't give requested tests.

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Answered on 9/30/09, 2:14 pm
Don Waggoner Don Waggoner Law, P.A.

That's right. They are not mandatory. The jury won't like it though.

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Answered on 9/30/09, 2:42 pm


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