Jacksonville Criminal Defense Lawyer Blog
The Florida Supreme Court has ruled that if a driver refuses to take a field sobriety test, his or her refusal can be used against him or her. In State v. Taylor (648 So. 2d 701 (Fla. 1995)), the Florida DUI Defendant was stopped for speeding. The police officer suspected that he was driving while intoxicated, because Taylor was staggering and smelled like alcohol. Taylor refused to take the Florida DUI field sobriety tests. The Florida Supreme Court held that his refusal did not constitute compelled self-incrimination. Therefore, the Fifth Amendment privilege against compelled self-incrimination was inapplicable. The Florida Supreme Court reasoned that Taylor had a choice whether to submit to the DUI tests or not, the DUI tests were noninvasive, painless, and commonplace, and he was not misled concerning the consequences of refusal of the Florida DUI tests. Furthermore, the court reasoned that the refusal was relevant evidence that showed consciousness of guilt, because Taylor was aware of the purpose of the tests and the consequences of refusal.
If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, it is important to discuss this Jacksonville DUI charge with a Jacksonville DUI Lawyer. While the Florida Supreme Court in Taylor ruled that the evidence of refusal was admissible, your case may be different, like State v. Moon, a Jacksonville DUI Case.