Section 1.33 Field Sobriety Tests
| Library | DWI 2014 |
The driver can refuse to submit to field sobriety tests, but the absence of the field sobriety tests does not guarantee that the driver will prevail at the hearing. Field sobriety tests are only an aid in determining probable cause for an arrest. See Chancellor v. Lohman, 984 S.W.2d 857 (Mo. App. W.D. 1998). The courts may rely on the totality of the circumstances to determine if anofficer believed probable cause existed to arrest the driver even absent the result of the field sobriety tests. SeeSchulte v....
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