Refusing Jacksonville Driving Under the Influence Field Sobriety Tests: Can I Change My Mind and Take the Test?

In State v. Taylor, the Florida Supreme Court ruled that although field sobriety tests are voluntary, the refusal to submit to them may be admitted in evidence against a defendant if defendant is advised that adverse consequences would result from refusal to perform them only because such refusal may be “probative of the issue of consciousness of guilt.” In Taylor, the Florida DUI Defendant refused to take the Florida DUI field sobriety tests. Not once did Mr. Taylor change his mind and decide to take the tests. Mr. Taylor’s Florida DUI case may have turned out differently if he did change his mind.

In Jacksonville, Florida, a Duval County Court ruled a Jacksonville DUI defendant’s initial refusal could not be used against her, because she recanted her initial refusal only moments later and asked to take the Jacksonville Driving Under the Influence Field Sobriety Tests (State v. Moon).