Jones v. Commonwealth – July 28, 2009

Jones contends the trial court erred by considering his refusal to attempt field sobriety tests when finding police had probable cause to arrest him for DUI.

The Court of Appeals concluded that, “[w]hile Jones’ refusal to perform any field sobriety tests effectively deprived the deputy of direct evidence of the effect alcohol may have had on Jones’ ability to drive, it did provide circumstantial evidence of another factor bearing on the issue – Jones’ awareness that the tests would reveal his intoxication, or in other words, his consciousness of guilt.” The CAV also noted that “while [it] has not yet determined whether refusal to perform field sobriety tests may be used as a factor in a probable cause analysis, other states have.”

The CAV concluded that “[w]hile the refusal to perform field sobriety tests, the odor of alcohol, Jones’ glassy-eyed appearance, or his argumentative demeanor – when taken separately – may not have provided sufficient probable cause in this case, we conclude that these facts taken as a whole provided the deputy with sufficient probable cause for arrest in this case.”

From
The Court of Appeals (published opinion)

Counsel
J. Burkhardt Beale and Boone Beale for appellant.

Robert F. McDonnell and Susan M. Harris (Office of the Attorney General) for appellee.

Assignments of Error

1. That the court erred finding probable cause to arrest the defendant when an essential element for probable cause was predicated on the appellant’s refusal to submit to any field sobriety tests.

Date Granted
7-23-2009