Can you refuse to take a field sobriety test in Virginia? Can that refusal be used against you at trial for DUI in Virginia?
Well, the good news is that you can refuse to take any field sobriety test in Virginia. See, e.g., Jones v. Commonwealth, 279 Va. 52 (2010). And, the other good news is that the court cannot use your refusal as evidence of your “consciousness of guilt.” Id. But, there’s some bad news. Continue reading