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re: Field sobriety tests aren't designed for you to pass.

Posted on 2/26/24 at 2:00 pm to
Posted by G2160
houston
Member since May 2013
1759 posts
Posted on 2/26/24 at 2:00 pm to
quote:

SFST != breath chemical test. I’m not aware of a single state that has any penalty whatsoever for refusing SFST.


I assume that they’re going to breathalyze if you refuse SFST? So what’s the point of an SFST? To further build a case against you?
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27155 posts
Posted on 2/26/24 at 2:35 pm to
quote:

I assume that they’re going to breathalyze if you refuse SFST? So what’s the point of an SFST? To further build a case against you?

The SFST is to build a case against you if you refuse to blow or if you don’t blow above the limit. That way they can claim either a combination of drugs and alcohol (low blow) or straight drugs if you blow zeroes. They even add the always fun “vertical nystagmus” as an indicator of narcotic impairment.

Judges who actually know what they are doing consider SFST to be an “investigatory tool” and not proof of intoxication or impairment.
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