Louisiana Motion and Order to Suppress Intoxilizer Test and Field Sobriety Test
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FAQ
Drivers do not have to take California field sobriety tests Drivers can decline to take them without any penalty whatsoever. This is important because even sober drivers can fail FSTs for reasons having nothing to do with their blood alcohol content (BAC).
A motion to suppress asks the judge to block a piece of evidence. If the motion succeeds, the evidence is no longer allowed in the case at all. That means the prosecutor cannot draw on it to make their argument against you, and the jury cannot be told about the evidence if the case goes to trial.
If the court grants the motion to suppress evidence (that is, rules in favor of the defendant), then the prosecutor is barred from introducing the evidence in question at trial. This often results in the case being dismissed, or a plea bargain agreement more favorable to the defense.
You absolutely keep your right to refuse field sobriety tests, the breath test, and the blood test, even when they say it's a "No Refusal" weekend.Obviously if you do a field sobriety test, that's one way they can get probable cause.
Traditionally, California's implied consent law applied to DUI blood tests as well as to breath tests. But the Supreme Court of the United States has suggested that defendants may not be penalized for refusing to take blood tests in cases where the police have not obtained a warrant.
Refusing the field sobriety test means that the officer cannot use your results to arrest you. You can be arrested for other reasons, including the smell of alcohol or hostile behavior, though.
Stand on one foot while counting. Walk a straight line, heel to toe for a specific distance. With arms stretched out, touch your finger to the tip of your nose. Repeat the alphabet from Z to A. Nystagmus or Horizontal/Vertical Gaze Test.
You Cannot Refuse the Chemical Breath Test without Penalty The breathalyzer test you are given at the police station after your arrest is mandatory, and if you refuse to take it, you are subject to additional penalties under California's implied consent law.
Increased Fines and Penalties Again, you may be thinking that you can live with the license suspension and other penalties involved in refusing to be tested, but you need to avoid a DUI conviction at all costs, so refusing to take the test will eliminate any evidence against you in a court of law.