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It's a crime in the state of Virginia to refuse a sobriety test when pulled over, due to implied consent. http://law.lis.virginia.gov/vacode/18.2-268.2/ http:/

by Laaw 11y ago

It's a crime in the state of Virginia to refuse a sobriety test when pulled over, due to implied consent. http://law.lis.virginia.gov/vacode/18.2-268.2/ http://law.lis.virginia.gov/vacode/18.2-268.2/ I realize it says "under arrest", but I think case law has established that also means when detained/pulled over, as well. I really want someone to prove me wrong about that, though. I never know what to say/not say when pulled over. Edit: http://boonebeale.com/implied-consent-refusing-a-breath-test-and-the-consequences-of-a-dui-in-chesterfield-va/ http://boonebeale.com/implied-consent-refusing-a-breath-test... Some research does say it's okay to refuse preliminary tests if you're not under arrest, but once you're arrested you must consent. I guess the good news is they can't arrest you if they can't provide probable cause, which they might have trouble establishing if you refuse preliminary testing.

vacri 11y ago
> but once you're arrested you must consent Surely that's better phrased as "once you're arrested, they do not require your consent"? Consent isn't consent if you have no option.
- corin_ 11y ago
  They won't neccesarily physically force a test on you if you don't consent, so it's not that you can't consent it's that not consenting could be a legal offense that's as bad as consenting and getting a bad result.
- Lawtonfogle 11y ago
  The law still treats forced consent as consent when it is in the laws favor.
tonyarkles 11y ago
I realize this is Canada and not the US, but up here there's a few ways to get burned: - You can be charged with driving while impaired without failing any kind of field sobriety test/breathalyzer (Criminal Code 253.1) - Refusing a breathalyzer test or field sobriety test is also a criminal offence (254.5) And I don't have a cite for this off the top of my head, but I recall that there was a Charter challenge for mass road-side check-stops (we frequently have those during holiday weekends), and the Supreme Court used clause 1 (below) to say that while road-side check-stops do in fact violate your Charter rights, they're justifiable in a free and democratic society. Clause 1: "...guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." Edit: at least they do document what the standardized field sobriety test can consist of: http://www.canlii.org/en/ca/laws/regu/sor-2008-196/latest/sor-2008-196.html?searchUrlHash=AAAAAQANc29icmlldHkgdGVzdAAAAAAB&resultIndex=3 http://www.canlii.org/en/ca/laws/regu/sor-2008-196/latest/so...

by Laaw 11y ago

vacri 11y ago

> but once you're arrested you must consent Surely that's better phrased as "once you're arrested, they do not require your consent"? Consent isn't consent if you have no option.

corin_ 11y ago
They won't neccesarily physically force a test on you if you don't consent, so it's not that you can't consent it's that not consenting could be a legal offense that's as bad as consenting and getting a bad result.
Lawtonfogle 11y ago
The law still treats forced consent as consent when it is in the laws favor.

tonyarkles 11y ago

I realize this is Canada and not the US, but up here there's a few ways to get burned: - You can be charged with driving while impaired without failing any kind of field sobriety test/breathalyzer (Criminal Code 253.1) - Refusing a breathalyzer test or field sobriety test is also a criminal offence (254.5) And I don't have a cite for this off the top of my head, but I recall that there was a Charter challenge for mass road-side check-stops (we frequently have those during holiday weekends), and the Supreme Court used clause 1 (below) to say that while road-side check-stops do in fact violate your Charter rights, they're justifiable in a free and democratic society. Clause 1: "...guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." Edit: at least they do document what the standardized field sobriety test can consist of: http://www.canlii.org/en/ca/laws/regu/sor-2008-196/latest/sor-2008-196.html?searchUrlHash=AAAAAQANc29icmlldHkgdGVzdAAAAAAB&resultIndex=3 http://www.canlii.org/en/ca/laws/regu/sor-2008-196/latest/so...