Legal Question in DUI Law in Washington

Re: Need case law refuting hgn (I'm farsighted) and motor tests (bad knees and f

You are not required to take the field tests if you don't want to do so. Cops usually say they will immediately arrest you if you don't and they tell you that you have no right to talk to an attorney before deciding whether to take the tests. the first statement is wrong, the second is right.

Since the field tests are not oral statements they are not required to give you Miranda warnings before the test and you don't have the right to have an attorney present unless they are asking you questions and you are in custody.

However, there is no law that says you have to take the field tests. I don't know how you were coerced into taking the tests, since they can't force you to walk, take the eye gaze nystagmus test (they can't make you keep your eyes open, etc.). So I'm a little confused by your statement that you were coerced into taking those tests.

There is nothing a cop can do if you refuse to take the field tests except arrest you and if he does so, he doesn't have any evidence since he didn't see you take the field tests. In the future, just say no and let them arrest you. They won't have the additional evidence of the tests to testify to in court.

I give a free half hour consultation in my office and my t/p no. is 208-345-3817

Finally, being far sighted has nothing to do with the gaze nystagmus test.