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