Why do lawyers always say to refuse a field sobriety tests? What if you dont drink?

[eljefino]

Not every cop is certified for the whole rigamorale of administrating a DUI breathalyzer. Of course they don't tell you that. If the one that pulled you over has a feeling, he'll call in the certified one then do "whatever" while you're waiting.

You have to submit to a test as part of "implied consent" to keep your license. Yes you have rights but if you're being "difficult" the cop will give you nine things you can refuse then the tenth thing you can't refuse, it's a trap, and you're going downtown. They have experience with these interactions daily; hopefully you the reader has them... never. Don't think you're a wizard because you watched two hours of soverign citizen poophouse lawyer stuff on youtube-- the cops can outlast the argument and corner you.

Knowing your rights has its place, as well as grey rocking-- answering the question given, but no further, and with no emotion. If you're a passenger, your obligations end at identifying yourself.

 

[The motor guy]

Well, if a cop is sloppy and careless, that's a viable pathway forward. If they violate laws and SOPs, they won't have qualified immunity.

Good cops will collect the right evidence to make for a successful prosecution. Cooperation on the part of the suspect really isn't a necessity for prosecution.

They cover the cop regardless. That's the whole problem.

 

[dnewton3]

They cover the cop regardless. That's the whole problem.

That is untrue. You're uninformed.

If I decided to walk up and just shoot someone dead in a mall, while in uniform, with no discernable or definable legal cause, qualified immunity does NOT cover me.


Most people who ask these inane questions watch too many YT "experts" and get lead into very bad positions.

If someone wants to know why a lawyer recommends to not wilfully participate in a field sobriety test, then the best path would be to pay that lawyer an hour's worth of his time and have him explain it to you. You're not going to get good legal advice from BITOG.

 

[hardcore302]

Refuse in Washington State and you automatically lose your license.

NY also.

 

[The motor guy]

NY also.

Even if you're not drunk?

 

[The motor guy]

Even if you're not drunk?

How come they didn't want to do the breathalizer test?

 

[tedsweet]

refusing in ny is a 1 year license revoke

 

[goblin]

I had some worn out front end parts, so it was hard to maintain the center of the lane...

Am I the only one thinking you deserve everything that cop didn't throw at you

 

[The motor guy]

Am I the only one thinking you deserve everything that cop didn't throw at you

why? Because I don't have a vehicle that lets you not hold onto the steering wheel for 500ft and still go straight?

 

[The motor guy]

refusing in ny is a 1 year license revoke

Half the people in tx don't have drivers licenses anyways lol

 

[4WD]

Half the people in tx don't have drivers licenses anyways lol

Please post a link to those stats - I was not aware …

 

[goblin]

why? Because I don't have a vehicle that lets you not hold onto the steering wheel for 500ft and still go straight?

"Hard to maintain the center of the lane" did not include "Look Ma, no hands"
One way or the other - if your vehicle doesn't maintain the center of the lane - hands on the wheel or not, every cop would be right to check you.

 

[chainblu]

In Florida, the field sobriety test is 100% voluntary. The Breathalyzer test, however, is not.

 

[The motor guy]

"Hard to maintain the center of the lane" did not include "Look Ma, no hands"
One way or the other - if your vehicle doesn't maintain the center of the lane - hands on the wheel or not, every cop would be right to check you.

That was an example

 

[PandaBear]

Probably because they want a blanket statement just because some people may think they didn't drink enough to cause problem and took the test, or a no reward minor risk (or some equipment malfunction) reason?

Never take a risk no matter how small that has no reward is the philosophy.

 

[The motor guy]

Probably because they want a blanket statement just because some people may think they didn't drink enough to cause problem and took the test, or a no reward minor risk (or some equipment malfunction) reason?

Never take a risk no matter how small that has no reward is the philosophy.

I'm pretty sure in tx they arrest you for refusing. I'll have to check. Looks like you just can't refuse a blood test or breathelizer

 

[97prizm]

I had a cop suspect i was drunk one time, so they did the whole wave the pen back and forth in front of your eyes test. I don't drink and the cop he brought in to do the test was like he's good. I have a feeling it was a rookie officer that pulled me over. He asked me all kinds of things he wasn't supposed to ask and they let me off with a warning. He said I didn't use my turn signal (after he turned his lights on) and that I wasn't staying in the center of the lane. Finally decided it was time to fix the front end after that I didn't answer any of his questions, but I did politely go along with all his sobriety tests. That was a very strange interaction. They had 3 cop cars just for me and were wondering why I was acting nervous. my guess is the list of things the rookie did wrong far outweighed anything I did.

EVERYTHING CAN AND WILL BE USED AGAINST YOU. Recently one officer in Tennessee pulled over and arrested over a dozen people for "Suspected DUI" one guy on camera was blatantly sober but was arrested anyway. The fact that the officer failed miserably and potentially ruined peoples lives. Then there is the problem at least in Colorado where functioning alcoholics continue to drive. It took over a decade to institute new policies. An Adams County Sheriff officer was almost killed when a drunken driver missed him on a traffic stop . Some states are pushing for eliminating of cleaning the breathalyzer tube with rubbing alcohol as it can apparently give false positives.

 

[ctechbob]

Some states are pushing for eliminating of cleaning the breathalyzer tube with rubbing alcohol as it can apparently give false positives.

Huh? The Intox 9000 and most PPT's use replaceable tubes/mouthpieces. You use a brand new one for every single test. There is no cleaning involved.

 

[97prizm]

That is untrue. You're uninformed.

If I decided to walk up and just shoot someone dead in a mall, while in uniform, with no discernable or definable legal cause, qualified immunity does NOT cover me.


Most people who ask these inane questions watch too many YT "experts" and get lead into very bad positions.

If someone wants to know why a lawyer recommends to not wilfully participate in a field sobriety test, then the best path would be to pay that lawyer an hour's worth of his time and have him explain it to you. You're not going to get good legal advice from BITOG.

Sure but no fewer than eight police officers in New Jersey were arrested after a very lengthy investigation on corruption. One California officer was called "La Barbie" by cartel members in Mexico when he was caught running weapons.

 

[goblin]

Sure but no fewer than eight police officers in New Jersey were arrested after a very lengthy investigation on corruption. One California officer was called "La Barbie" by cartel members in Mexico when he was caught running weapons.

Gee, that's bad. Eight officers out of one million two hundred and eighty thousand in the country ?!?
That's 0.000625% !

Unacceptable. What sort of world do we live in ?!? The horror, the horror !
I'm not counting the barbie guy as it's going to make the statistics even worse.