# I just thought of the dumbest, pedantic way to get around refusal of a field sobriety test **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [October 19, 2023, 4:03am UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776 "2023-10-19T04:03:18Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [October 19, 2023, 12:11pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/21 "2023-10-19T12:11:38Z")
> [@Pavelb1](#): > > So open the passenger door and make the driver crawl over the seats to exit. I don’t think that would be a legal order and it wouldn’t mean anything in court. Besides, from videos I’ve seen online most cops ask a driver to get out of the car before getting to the question about field sobriety tests. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [October 19, 2023, 12:26pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/22 "2023-10-19T12:26:11Z")
A cop friend performed a field sobriety test on me in my backyard to prove a point. I was totally 100% sober. He has special training in detecting impairment from alcohol and drugs. I did my best at the different things he commanded I do. He pointed out the many ways that I failed. As far as climbing out the passenger side of my Jeep Wrangler? Go ahead and shoot me, it’d be the humane option. ---
**Author:** ![Jaycat.again](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jaycat.again/32/11525_2.png) [@Jaycat.again](https://boards.straightdope.com/u/Jaycat.again)\ **Post date:** [October 19, 2023, 12:27pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/23 "2023-10-19T12:27:17Z")
> [@Pavelb1](#): > > The Q: Could the prosecution use the suspects reaction to the crime scene against him? Need answer fast? ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [October 19, 2023, 12:37pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/24 "2023-10-19T12:37:43Z")
Honestly officer, neither one of us was driving. We were both in the back drinking. ---
**Author:** ![tullsterx](https://avatars.discourse-cdn.com/v4/letter/t/e9bcb4/32.png) [@tullsterx](https://boards.straightdope.com/u/tullsterx)\ **Post date:** [October 19, 2023, 12:53pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/25 "2023-10-19T12:53:47Z")
Crawling over the seat and exiting via the passenger door sounds like something only a drunk person would do. And Jasmine, regarding the Illinois law, that seems so unconstitutional to me. Total BS. ---
**Author:** ![Plutonium\_Chef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/plutonium_chef/32/11211_2.png) [@Plutonium\_Chef](https://boards.straightdope.com/u/Plutonium_Chef)\ **Post date:** [October 19, 2023, 1:01pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/26 "2023-10-19T13:01:42Z")
> If someone is tased, should they be charged with resisting or conducting? Either way, they’re charged! ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [October 19, 2023, 1:54pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/27 "2023-10-19T13:54:47Z")
> [@Jasmine](#): > > No, they can’t, but in Illinois (and maybe other states), refusal of a sobriety test is considered an admission of guilt and will result in the court rendering a verdict of guilty Do you have a citation for this, or is this just your misinterpretion of the relevant law? Implied Consent is the law enforcement mechanism associated with refusal to participate in a field sobriety test or a chemical (breathalyzer, etc.) test. And the worst outcome of refusing to participate is suspension of your driving privileges. Not a criminal conviction or any outcome in criminal law. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [October 19, 2023, 1:56pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/28 "2023-10-19T13:56:11Z")
> [@Jasmine](#): > > No, they can’t, but in Illinois (and maybe other states), refusal of a sobriety test is considered an admission of guilt and will result in the court rendering a verdict of guilty. There’s a difference between declining a field sobriety test before arrest, and refusing a breathalyzer test at the station after arrest. Most states only issue summary judgment for the latter. ---
**Author:** ![Pavelb1](https://avatars.discourse-cdn.com/v4/letter/p/439d5e/32.png) [@Pavelb1](https://boards.straightdope.com/u/Pavelb1)\ **Post date:** [October 19, 2023, 1:57pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/29 "2023-10-19T13:57:59Z")
There may be some confusion between a chemical test (Breathalyzer) and physical field sobriety tests. (Stand on one leg like a fucking stork) Refusal of a chemical test does carry severe repercussions and you better have a good dui lawyer. Refusal of a physical test in Illinois does not carry a legal penalty. Though that may not stop you from being arrested of course. Fight in court not in your car, or a parking lot or the street. ---
**Author:** ![Pavelb1](https://avatars.discourse-cdn.com/v4/letter/p/439d5e/32.png) [@Pavelb1](https://boards.straightdope.com/u/Pavelb1)\ **Post date:** [October 19, 2023, 1:59pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/30 "2023-10-19T13:59:20Z")
Dang you guys are good. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [October 19, 2023, 2:00pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/31 "2023-10-19T14:00:27Z")
So are you saying his special training was to allow him to arrest & prosecute 100% sober people for DWI? ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [October 19, 2023, 2:06pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/32 "2023-10-19T14:06:19Z")
We are talking about field tests, since that’s the context of OP. One interesting thing I saw during my research on this topic is that in Illinois field sobriety tests for cannabis influence now have implied consent status, presumably because there’s no such thing as a field chemical test (breathalyzer analogue) for that. > **[Illinois General Assembly - Illinois Compiled Statutes](https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.9)** > > Illinois Compiled Statutes Table of Contents > [@](#): > > (625 ILCS 5/11-501.9)(a) A person who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent to (i) validated roadside chemical tests or (ii) standardized field sobriety tests approved by the National Highway Traffic Safety Administration, under subsection (a-5) of Section 11-501.2 of this Code, if detained by a law enforcement officer who has a reasonable suspicion that the person is driving or is in actual physical control of a motor vehicle while impaired by the use of cannabis. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [October 19, 2023, 2:22pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/33 "2023-10-19T14:22:22Z")
> [@muldoonthief](#): > > are you saying his special training was to allow him to arrest & prosecute 100% sober people for DWI? According to him, the field sobriety test is a joke. If he smells alcohol on a driver or the driver appears impaired, was unable to maintain lane, etc, a field sobriety test allows him to lock up the charge. “Special training” allows other officers to call for him as backup so that the DUI has further credence in court. One thing that he was surprised about when doing my field sobriety test was my pupils’ response to light. He said my pupils reflex was definitely abnormal and according to his training was supportive of impairment. I did some further research and found that one of my antihypertensive medications commonly causes this. ---
**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\ **Post date:** [October 19, 2023, 2:29pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/34 "2023-10-19T14:29:13Z")
I stand corrected ! 🙂 In fact, the following quote from the [**“Chicago Trusted Attorneys”**](https://www.chicagotrustedattorneys.com/chicago-dui-lawyer/field-sobriety-test-refusal-what-are-your-options-in-illinois/) web site advises you NOT to take a field test! > Don’t Take the Test—Give Your Lawyer a Shot > > If you refuse to take the sobriety test, there’s a chance you’ll be arrested, and you can also lose your license. The problem is, once there’s concrete physical evidence of you being drunk behind the wheel, it can be become impossible to avoid conviction for a DUI. > > Let’s say you do blow for the sobriety test, and it shows you’re [over the legal limit](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501). At this point, as long as the test was conducted legally and the officer has done their due diligence, fighting that evidence in court becomes difficult. > > Case in point: Your DUI attorney can only do so much to help you beat a charge if there’s bona fide evidence of you failing a field sobriety or Breathalyzer test. > > You give your [Chicago DUI lawyer](https://www.chicagotrustedattorneys.com/chicago-dui-lawyer/) the best bet to beat a DUI charge if there’s no physical or video evidence, such as video of a failed field sobriety test or clear blood alcohol content test results. > > The bottom line? You should never submit to a Breathalyzer or field sobriety test when stopped by the police. > > Never blow, and never do field testing—respectfully decline, and let a lawyer from Chicago Trusted Attorneys handle the rest. ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [October 19, 2023, 2:32pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/35 "2023-10-19T14:32:04Z")
Of course, you have to balance that against the fact that you will almost certainly have your license to drive suspended for up to two years, possibly with no recourse. But if the alternative is giving evidence against yourself and getting convicted on that basis, you decide what the lesser cost will be. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [October 19, 2023, 2:39pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/36 "2023-10-19T14:39:27Z")
> Never blow, and never do field testing—respectfully decline, and let a lawyer from Chicago Trusted Attorneys handle the rest. I preemptively requested a breathalyzer once. I was driving my gf’s new car because she had too much to drink. I’d had one beer. I was pulled over because my lights weren’t on. It was a well lit area and I didn’t know how her lights worked. The cop asked if I’d been drinking and I answered honestly “yes”. He told me he was going to call for backup and administer a field sobriety test. I suggested we go straight to a breathalyzer, which I knew I’d pass. He warned me about my bold suggestion, but insisted. We did it, I passed, and he laughed (because my gf had dozed off). ---
**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\ **Post date:** [October 19, 2023, 2:43pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/37 "2023-10-19T14:43:08Z")
You’ve got guts! 👍 ---
**Author:** ![Just\_Asking\_Questions](https://avatars.discourse-cdn.com/v4/letter/j/ba9def/32.png) [@Just\_Asking\_Questions](https://boards.straightdope.com/u/Just_Asking_Questions)\ **Post date:** [October 19, 2023, 2:43pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/38 "2023-10-19T14:43:31Z")
> [@Riemann](#): > > I’m now wondering if there is any law against the cops taking an arrested suspect to play mini-golf for a few hours before going downtown. Was it a “custodial game”? Was he expected to lose? As for field sobriety tests, I heard, once, that asking someone to recite the alphabet backwards is a test to see if you’re drunk enough to try, because it’s hard. I resent that! I can say it backwards and forwards. ---
**Author:** ![Pavelb1](https://avatars.discourse-cdn.com/v4/letter/p/439d5e/32.png) [@Pavelb1](https://boards.straightdope.com/u/Pavelb1)\ **Post date:** [October 19, 2023, 3:26pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/39 "2023-10-19T15:26:00Z")
We’ll merge my questions and ask, “Can the police make you play a game of mini-golf as a field sobriety test?” ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [October 19, 2023, 5:29pm UTC](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776/40 "2023-10-19T17:29:42Z")
> [@Smapti](#): > > Your Honor, I move for a bad court thingy. Sustained! > [@Just\_Asking\_Questions](#): > > > [@Riemann](#): > > > > I’m now wondering if there is any law against the cops taking an arrested suspect to play mini-golf for a few hours before going downtown. > > Was it a “custodial game”? Was he expected to lose? > > As for field sobriety tests, I heard, once, that asking someone to recite the alphabet backwards is a test to see if you’re drunk enough to try, because it’s hard. I resent that! I can say it backwards and forwards. There are only three tests that are endorsed by NHTSA and have scientific studies to support them, the walk and turn, the one legged stand and horizontal gaze nystagmus. Not saying that somewhere in the country someone isn’t doing some stupid test that was handed down from their idiot old school training officer. [Previous page](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776.md?page=1) [Next page](https://boards.straightdope.com/t/i-just-thought-of-the-dumbest-pedantic-way-to-get-around-refusal-of-a-field-sobriety-test/991776.md?page=3)