Home > Uncategorized > DUII Corner: Use of Rohrs Admonishment

DUII Corner: Use of Rohrs Admonishment

If a Defendant initially refuses to do SFST’s remember that to give a proper Rohrs admonishment that you must actually recite which specific STST’s you are going to ask them to do (that are non-testimonial). It is important that you recite what those tests actually are (i.e., walk and turn, modified Romberg, and one leg stand).  If you only give a partial admonishment and do not specifically list in your report the non-testimonial SFST’s that you want them to do then evidence of their refusal will more than likely be suppressed.  As the Court in Rohrs held, “In the absence of evidence of what tests were actually intended, the use of the term “physical tests,” even when accompanied by the caveat that defendant will not be required to speak, is not sufficient to render the request constitutionally permissible.”

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