I have some ear problems and balance issues. Or I’m just aging. And a hip that was replaced. I wouldn’t stand a chance.
And as you said, climb out of the passenger side. Heh. I might make it through the sunroof. It would be easier.
Driving is no issue. Reflexes are there, toss something at me and then say ‘catch’ and I will. Site is 20/20
“You want me to do what? I can’t even walk like that when I’m sober!”
I would do the same, as I don’t trust field sobriety tests for a second. If I knew I only had one or none, might as well get to the breathalyzer and be on my way. I don’t want to effing dance around and waste everyone’s time.
I absolutely cannot stand on one leg. I am rather shaky when walking. Nonetheless I passed an actual driving test easily.
Heh. And while I’m hesitant to give advice on how to get out of DUIS’s because its such a sensitive subject with some, and rightly so…Field Sobriety tests are another matter.
So keep in mind cops will try and slip in that ‘follow the light or my finger test’. Especially if there’s been an accident, they will say "I need to see if you’re alright.'…nope nope nope nope. I will not be engaging in any field sobriety tests sir.
Amusing officer encounter anecdote: I was driving from Florida to Oklahoma. I was 50 miles from home when at 4am after following me for five miles, the officer finally pulled me over. I was short with him. I was smart with him, “How are you”…“Fine until you pulled me over after following me for five miles.”
And when he walked away, I turned to my ten year old and said “If you ever get pulled over…don’t do anything that I just did.” I got a warning for busted taillight. The officer was just really looking for drunk drivers and as he said “It was immeditly obvious I hadn’t been drinking.”…probably cause i expressed my annoyance in a succinct and non-slurring manner!
Many states went from one extreme to the other. I grew up in a state that took the new-found DUI tolerance seriously compared to some. Probably 1980s. Getting popped meant losing license except possibly for work use, and special rate insurance. No Bueno. I’d refuse a field sobriety test, even if I had only simply driven by a liquor store three days prior. The cops job is to write a ticket. It just isn’t worth the risk. Every state or near enough however can require a formal blood alcohol draw or breathylzer test as far as I know. As well they should if necessary.
In Aviation the rule is 12 hours bottle to throttle, or until no residual effects remain. This means hangovers in my interpretation. I think this is important too, though I’m not too sure how that is tested for. Truck drivers and CDL holders have a lower BAC threshold is my understanding.
Why would officers bother with this when they can readily require a breathalyzer or blood test in the event of refusal to participate in field sobriety testing?
Results of the “seat-crawl” test would probably be thrown out of court. Better to ask the driver to accurately sing all the lyrics to “Louie, Louie”.
If if you’re drunk, you can pass. Those lyrics were not sung sober.
You still need probable cause to ask for a breathalyzer test. Refusal to do a field sobriety test cannot be used against you
To the contrary, in a number of states consent to a field exam is an automatic part of the terms of accepting a driver’s license, and refusing the test means your license will be revoked or suspended even if you can beat a breathalyzer (which, by the way, you can’t.)
Have you considered not driving drunk?
You’re confusing a chemical test with a field sobriety test
Flagged
So in those states, if I know I’m sober, I can’t just say I want to go straight to the breathalyzer rather than mess around standing on one leg?
I’ve wondered about this too.
FST are close to worthless. Any cop can interpret your actions any way they want. I can’t recite the alphabet backwards in any condition. I can touch my nose, eyes closed, drunk or sober (unless completely smashed in which case my sobriety is not in question). I have a foot injury (minor) which I can still drive with just fine but I could not do a heel/toe straight line walk (until it heals).
Just give me the breathalyzer and be done with it. Not sure why that is not the default method in a traffic stop.
Because you still need probable cause to administer a breathalyzer. If they can get you to volunteer for their monkey tests (including allowing BS like alphabet tests and counting tests in some states…cause you’re volunteering for it) then it bolsters their case.
IANAL but I would say if refusing a FST means my driver’s license is suspended for six months it really does not make it voluntary any more. Not to mention the interpretation of the FST is wholly at the discretion of the police officer.
Give me the breathalyzer.
Just my $0.02. I do not know how this really plays out in court.
Don’t they have probable cause if they’ve stopped you for weaving or driving without lights on at night? And then pulled you out of the car? You’re going down town by that time, anyway.
I’d hold out for the blood test.
You might be an unknown diabetic and then you’ll never blow a good breath test.
There’s two probable causes they need to get you to blow a breathalyzer test. The first just to pull you over they must observe a crime. And then probable cause to suspect you of driving under the influence. Note, these may certainly overlap. Weaving and even driving with headlights off could be used in court I suppose.
There’s tons of videos on YT. I have yet (though they may certainly exist) to see a cop say, “Sir, you turned left from the wrong lane, please blow in this tube.”
Usually its “The reason I pulled you over is…where are you coming from, how much have you had to drink tonight? Do you have your lisence, registration and insurance? Sir, I have to say I smell alcohol on your breath. Can you step out of your car please? I’m going to administer these tests to determine if its safe for you to drive.”
And because the ones on YT are the most dramatic of clips…the drivers do everything but wear a neon sign saying “Im drunk as fuck arrest me.”
There’s more then a few that go straight from refusing the FST to handcuffs because the driver has already given enough evidence to take them downtown and compel them to submit to a chemical test.
Hint: When the officer is conducting his investigation don’t say things like “No i havent had any alcohol, if anything I’ve had negative alcohol.”
I have to say I’ve never drank alcohol. So my opinion is skewed by hearsay.
I have been around many drinkers and them driving is my biggest worry.
I’ve listened to my sister, who I assure you drinks too much and has had a DUI. She says they don’t play when they’ve got you outta the car. You’re going in. And you’re gonna pay lots of money. Thank God she’s gotten older and smarter. Still drinks too much. But she stays at home with it.
The others around here have had some success staying outta the way of LE. Mostly because it’s very rural. No bars.
One liquor store that closes early.
I worry still.
I tell them all to cop to the charge, go to the drunk tank and be thankful no one was hurt or killed. Or better yet stay home, if you gotta drink.
Does this matter if they ask me to do a FST and I say I refuse but I would take a breathalyzer?