Virginia Court of Appeals Decision on Miranda and DUI Field Tests
The Virginia Court of Appeals recently ruled in Gibson v. Commonwealth of Virginia, that an officer is not required to read a suspect Miranda rights before administering field sobriety tests in a DUI stop. The Court stated that the physical performance of field sobriety tests are not testimonial communication. The Defendant was unable to suppress the results of the field sobriety tests as evidence. The Court citation was Va. App. , S.E. 2d (03/22).