I've heard of a similar incident where a subject refused to take a FST and then plead not guilty to OUI later on, claiming he could have passed the FST... even though he blew nearly twice the limit. :shock: He was pretty shocked when he was found guilty.RPD931";p="70049 said:Me: "So how many beers did you have tonight?"
OUI Guy: "Oh, about 6 or 7. I was at poker night at a friends house in (another town)"
I then asked him to step out of the vehicle with the intent to offer SFST. As I watched him get out, he got out and faced the car, put his hands behind his back. I asked "What are you doing?", he replied "you might as well just arrest me now". "Do you want to take the Field Sobriety tests?".. he said "No, I'll fail, so you might as well just arrest me".
His wish was my command :twisted: