# Why don’t the police just skip directly to the Breathalyzer? **URL:** \ **Category:** Factual Questions\ **Created:** [June 24, 2006, 7:36pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006 "2006-06-24T19:36:39Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\ **Post date:** [June 25, 2006, 2:31pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/21 "2006-06-25T14:31:28Z")
[QUOTE=Martini Enfield] Of course, if you lot think being breathalysed is a violation of your civil liberties, it’s probably best if we don’t go into Speed Cameras, either… [/QUOTE] Hee hee hee… I used to work for a company that did photo radar and red light cameras… I have heard every whine in the book! 😃 ---
**Author:** ![Race\_Bannon](https://avatars.discourse-cdn.com/v4/letter/r/5f8ce5/32.png) [@Race\_Bannon](https://boards.straightdope.com/u/Race_Bannon)\ **Post date:** [June 25, 2006, 4:36pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/22 "2006-06-25T16:36:55Z")
[QUOTE=EJsGirl] I actually asked the cop if we could just skip the FST, I would cop to it, and we could get going. He laughed and said no way. I was worried that someone I knew would see me, but then again, most decent people are at home asleep by 2:45 am… 😉 Refusing a breath test in CA is a bad idea. [/QUOTE] (questions for anyone) Why should anyone submit to a FST? What happens if you refuse? Seems to me that either the LEO has probable cause, and you have to submit to the breathalyzer, or he has none, and you should be free to go. Performing the FST can only work against you. Why would a LEO refuse to skip the FST, if you were willing to submit to a breath test? ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [June 25, 2006, 4:59pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/23 "2006-06-25T16:59:29Z")
[QUOTE=TheLoadedDog] So yeah, every police car in my state (including the unmarked ones) carries breathalyser equipment, and the blood alcohol limit can be as low as zero. [/QUOTE] If the limit is zero, wouldn’t that mean _everyone_ would register as drunk? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 25, 2006, 5:36pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/24 "2006-06-25T17:36:54Z")
[QUOTE=Race Bannon] Why would a LEO refuse to skip the FST, if you were willing to submit to a breath test? [/QUOTE] Because when the matter goes to court, the accused might dispute the cop’s testimony that he agreed to skip it. After all, the person may be under the influence and later may genuinely not remember saying it, or could say that he was just joking. Better for the officer to follow established procedures. ---
**Author:** ![Garfield226](https://avatars.discourse-cdn.com/v4/letter/g/9e8a1a/32.png) [@Garfield226](https://boards.straightdope.com/u/Garfield226)\ **Post date:** [June 25, 2006, 5:40pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/25 "2006-06-25T17:40:16Z")
[QUOTE=Musicat] If the limit is zero, wouldn’t that mean _everyone_ would register as drunk? [/QUOTE] For certain categories of drivers, the limit is zero, meaning they can’t exceed a 0.00 BAC. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 25, 2006, 6:24pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/26 "2006-06-25T18:24:48Z")
[QUOTE=dalej42] Portable units are not as reliable. [/QUOTE] Not legally, anyway. They are not admissible as evidence of intoxication. They are allowed to be used to give the officer an idea of impairment (after a FST) [QUOTE=Garfield226] I’m not sure about the field sobriety exercises, but I know that implied consent laws mean that if you’re asked to take a breath or blood test and refuse, you can get fines (jailtime in some states). [/QUOTE] You’re confusing the Portable Breath Tester with the Intoxilyzer machine. Refusing to take a PBT, in most jurisdictions, is not the same as refusing the breath/blood/urine test. It’s equal to refusing the sobriety test. [QUOTE=Shagnasty] The field sobriety test proves that they had cause to believe someone is intoxicated and needs to move to more definitive testing. [/QUOTE] The exception is when a minor is involved. Driving or not a minor cannot have any alcohol in their system (unless, of course, they aren’t driving and are accompanied by their parents with whom they were drinking). The level of impairment is a moot point, so a FST unneeded.. The PBT simply confirms the officers detection of odor of intoxicant. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 25, 2006, 6:29pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/27 "2006-06-25T18:29:59Z")
[QUOTE=pkbites] You’re confusing the Portable Breath Tester with the Intoxilyzer machine. Refusing to take a PBT, in most jurisdictions, is not the same as refusing the breath/blood/urine test. It’s equal to refusing the sobriety test. [/QUOTE] In Canada, refusing the road-side test is a crime, carrying exactly the same penalties and criminal record as refusing to give a sample at the detachment. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 25, 2006, 6:33pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/28 "2006-06-25T18:33:49Z")
[QUOTE=Northern Piper] After all, the person may be under the influence and later may genuinely not remember saying it [/QUOTE] In many jurisdictions intoxication is a valid defense. I wonder how many people have tried to fight an OWI charge by saying they were so damn drunk they had no idea they were driving a car.😛 ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 25, 2006, 6:44pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/29 "2006-06-25T18:44:41Z")
True story: When I used to work for a different department than I do now I was standing outside a courtroom once awaiting the case for a ticket I wrote. Another case involving a DWI was going on. The defendant testified he couldn’t have been drunk after only 5 drinks. He then took some liquor out of a bag and proceeded to drink it down. He then insisted the Sheriffs deputy give him a sobriety test. The judge actually let this go on. It was a laugh riot. The guy could hardly stand! Needless to say that defense failed!😛 This is an absolutely true story. It was in the [local paper](http://www.dailynewsol.com/). If I can find the article I’ll post it. ---
**Author:** ![Taber](https://avatars.discourse-cdn.com/v4/letter/t/ac91a4/32.png) [@Taber](https://boards.straightdope.com/u/Taber)\ **Post date:** [June 25, 2006, 6:53pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/30 "2006-06-25T18:53:54Z")
[QUOTE=Don Logan] I always thought the field tests were issued when police wanted a few laughs. [/QUOTE] [Second one from the bottom](http://malfunctionjunction.net/index.php?paged=14) ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 25, 2006, 6:58pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/31 "2006-06-25T18:58:34Z")
[QUOTE=Taber] [Second one from the bottom](http://malfunctionjunction.net/index.php?paged=14) [/QUOTE] Hey! That’s a funny strip, **Taber**. I’m putting it my bookmarks. Thanks. ---
**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\ **Post date:** [June 25, 2006, 11:32pm UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/32 "2006-06-25T23:32:57Z")
[QUOTE=Race Bannon] (questions for anyone) Why should anyone submit to a FST? What happens if you refuse? [/QUOTE] You are arrested and go straight to jail for booking. The thinking being- if you have nothing to hide, why would you refuse? It’s not right but that’s what they go by. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 26, 2006, 12:22am UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/33 "2006-06-26T00:22:59Z")
[QUOTE=EJsGirl] You are arrested and go straight to jail for booking. [/QUOTE] It doesn’t work exactly like that. There has to be probable cause for an arrest. In many places you can refuse the FST and that in itself is not an arrestable offense. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 26, 2006, 12:24am UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/34 "2006-06-26T00:24:51Z")
[QUOTE=EJsGirl] The thinking being- if you have nothing to hide, why would you refuse? [/QUOTE] By that statement I could arrest you for not allowing me to search your car when I have no other PC. We’re here to fight ignorance, remember? ---
**Author:** ![Martini\_Enfield](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/martini_enfield/32/11123_2.png) [@Martini\_Enfield](https://boards.straightdope.com/u/Martini_Enfield)\ **Post date:** [June 26, 2006, 2:14am UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/35 "2006-06-26T02:14:08Z")
[QUOTE=pkbites] By that statement I could arrest you for not allowing me to search your car when I have no other PC. We’re here to fight ignorance, remember? [/QUOTE] And in some countries you can be arrested for refusing to allow the police to search your vehicle- because, by refusing to allow the police to search your vehicle, you’ve just given them probable cause to suspect you’re either A) Hiding something or B) “One of those annoying pains in the ass who keeps harping on about their rights”, which means they need to get a warrant to search your car, and may very well take you into custody while they do it. I’ve had the police ask to search my car before (when I was a teenager), and I’ve always replied “Go right ahead.” And every time- except once- the police officer said “That’s quite alright sir, have a pleasant evening” and let me go on my way without searching the vehicle. The other time he asked me to open the boot, shone his torch in there and under the driver and passenger seats, saw that I didn’t have a kilo of crack or a case of AK-47s in the boot, and sent me on my way. Now, if I’d said “I’d really prefer that you didn’t” or “No, you can’t”, you can bet that it would have turned into one of those situations where the police officer decides that the other person is “acting erratically” or “was showing signs of intoxication” or “behaving suspiciously” and then it’s warrant time, which of course gets you labelled as a pain in the ass, to be pulled over for every minor infraction or defect for the foreseeable future. The police that I know are generally good people, but they spend their entire working lives having people calling them “pigs” (and all manner of other un-GQ suitable names), and so if you are friendly and polite- not even respectful so much, but certainly courteous- then they’re not going to be as inclined to give you a hard time… at least, in my previous experience, anyway. ---
**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\ **Post date:** [June 26, 2006, 2:25am UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/36 "2006-06-26T02:25:11Z")
Bingo. ---
**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\ **Post date:** [June 26, 2006, 2:28am UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/37 "2006-06-26T02:28:11Z")
[QUOTE=pkbites] By that statement I could arrest you for not allowing me to search your car when I have no other PC. We’re here to fight ignorance, remember? [/QUOTE] Yes. You had probable cause for the stop, the search _could_ flow from it as stated above- “I then observed that the driver seemed evasive and nervous, and kept glancing towards the trunk in a suspicious manner.” Maybe that doesn’t happen where you live, but it happens here. Sure, it probably won’t resuolt in a conviction, but arrest? You can be arrested for anything (or nothing, as the case may be). ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 26, 2006, 2:49am UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/38 "2006-06-26T02:49:02Z")
[QUOTE=Martini Enfield] And in some countries you can be arrested for refusing to allow the police to search your vehicle [/QUOTE] Who cares? I’m not going argue about police procedure in other countries. [QUOTE=EJsGirl] Sure, it probably won’t resuolt in a conviction, but arrest? You can [/QUOTE] Could you please cite cases where arrests are consistantly being made for things that don’t result in convictions? If I kept making arrests that didn’t result in convictions I’d be handed my ass. My previous post stands: refusing a FST is not probable cause for arrest. You have the right to refuse that test! ---
**Author:** ![Garfield226](https://avatars.discourse-cdn.com/v4/letter/g/9e8a1a/32.png) [@Garfield226](https://boards.straightdope.com/u/Garfield226)\ **Post date:** [June 26, 2006, 2:58am UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/39 "2006-06-26T02:58:37Z")
[QUOTE=pkbites] My previous post stands: refusing a FST is not probable cause for arrest. You have the right to refuse that test! [/QUOTE] So what you’re saying is that the implied consent refers to the more accurate test that happens at the station after an arrest has been made? ---
**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\ **Post date:** [June 26, 2006, 3:05am UTC](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006/40 "2006-06-26T03:05:14Z")
Yes, you have the right to refuse the test. You will then be arrested for suspicion of DUI. That is how it works. They don’t have to test you to arrest you! It’s mostly to shore up the DUI case later. You will also lose your license pending a hearing! Seriously. Cite? I will try and find the code, but hubby was a DA and saw it every damn day. [Previous page](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006.md?page=1) [Next page](https://boards.straightdope.com/t/why-don-t-the-police-just-skip-directly-to-the-breathalyzer/362006.md?page=3)