attorney, field sobriety exercises, FSE, Tampa Criminal Defense

Refusal of Roadside Testing for DUI

Roadside Refusal
Tampa Criminal Defense Attorney recently did some research on Driving under influence DUI cases involving refusal to perform Field Sobriety Exercises FST / FSE. Evidence of a  Refusal to perform field sobriety exercises can be used against DUI suspects. In this new case the suspect refused and then changed his mind.
The defendant changed his mind “moments after refusal, defendant was continuously in presence of officers between refusal and recantation, allowing defendant to perform exercises after recantation would not have inconvenienced officers . . . .”  Motion to Suppress evidence of refusal was granted.



Case Excerpts

“The Florida Supreme Court ruled in State v. Taylor, 648 So.2d 701 (Fla. 1995) [20 Fla. L.Weekly S6b], that although field sobriety tests are voluntary, the refusal to submit to them may be admitted in evidence against a defendant if defendant is advised that adverse consequences would result from refusal to perform them only because such refusal may be “probative of the issue of consciousness of guilt.” Taylor, at 705.”

“Recantation of a refusal to submit to a breath test vitiates the initial refusal and is inadmissible against a defendant if the prior refusal would not materially affect the test result, or would substantially inconvenience the police. Larmer v. DHSMV, 522 So.2d 941 (Fla. 4th DCA 1988). The court found it significant that retraction of Mr. Larmer’s initial refusal came moments after his refusal, while he was continuously in the presence of the police officers, and under circumstances that would not result in inconvenience by permitting him immediately thereafter to take the test, and the results would not be affected. Larmer, at 944.”

Complete Order is located Here. 



Driving under influence DUI

18 Fla. L. Weekly Supp. 78b