Quote Quoting tonynewman
View Post
thanks java,,, one more question,,, can you explain whats required for "probable cause" to be arrested for a DWI after I refused questioning and refused all roadside tests?

would all that be needed to make a good arrest is the officers word that he seen me go over the yellow line for example or does the officer need to have more evidence to support probable cause ?
jk's link works.

And to have PC for a DUI the officer would have to have good cause to believe that you were operating a motor vehicle while under the influence of drugs and/or alcohol. There could be a dozen different ways to make that determination and I am not going to go into a game of "what if ..." or try to spell out the myriad of possibilities. Suffice it to say that if you are not exhibiting any objective signs of impairment and there is no odor of alcohol or drugs that might give rise to this belief, then your refusal to submit to FSTs should not change the determination. But, each determination of probable cause must be evaluated on its unique fact set.