So you owned a bar, and after closing up and heading home, you got pulled over for what exactly?
Would seem to make the case for us right there.
Why do lawyers always say to refuse a field sobriety tests? What if you dont drink?
- Thread starter The motor guy
- Start date
Would seem to make the case for us right there.
I can’t recite my ABCs in reverse while sober
No one uses that test.
Walk and turn, one leg stand, and HGN are what are generally used these days.
I haven’t read this entire post, but to answer you question, yes….. because that is the first moment you get a lawyer.
- Joined
- Nov 29, 2009
- Messages
- 9,513
I probably can't recite them going forward either.
Last August my lady friend had what the Docs think is a stroke or seizure in the morning, drove 90% to work, crashed her car into somebody's bushes (superficial damage), and got charged with a DUI. Even after the EMTs noted it was a stroke/seizure, she still had to go to court to get it off her record that it wasn't a DUI.
Maybe because you are innocent until proven guilty?
The burden of proof is on the state/county/city.
She had the doctor's note and stuff. Luckily for her, the township's courthouse wasn't too far away but still an inconvenience having to take off a day off work. Also for a ticket for reckless driving from this too but was also able to get that taken off.
I assume because of how she could have responded to the cop's questions and her crashing the car, would have made it easily look like a drug addict but blood work and other various tests showed her clean - as well as another similar event last NYE when she ended up in the hospital for her first seizure.
I have no idea what DUI tests the cops did, if they did do any tests. She can't remember much of the incident before the ambulance.
Last edited:
There are several things at play. Video (including field sobriety tests) can be used as evidence of impairment, especially if one refuses a chemical test or the test comes up less than the legally drunk standard. It might also come into play when it’s for another intoxicant where there’s no legal standard for intoxication, like for THC or most sedatives (even nonprescription antihistamines). I guess that might be one reason why some attorneys warn against agreeing to a field sobriety tests. But sometimes doing well enough will result in “Thank you for cooperating. Have a nice day.” However, most of the time they’re asking for it, they notice signs of impairment already, so it may just be to add more evidence. And the field sobriety tests are really geared towards alcohol even though other intoxicants are trickier to prove intoxication other than poor driving.
The other is that refusing a chemical test when asked universally results in a driver license suspension. Maybe a hearing, but good luck with that. And even then they can get a rapid warrant for a blood test.
I was at a brewpub talking to one of the employees. They regularly sample the product during the workday and are even encouraged to do so in order to be able to make recommendations, including when there are variations from one production batch to another.
He said he’d been pulled over as he was leaving work, was asked if he had anything to drink, said yes, and it was “have a nice day”. But this was in Sonoma Country where alcoholic beverages are a huge part of their economy and the sheriff might prioritize people who are obviously wasted rather than wobblers.
For those that have “nothing to hide”.
The field sobriety test was designed to give the cops a probable cause. Again, you’d be a fool to take one.
The field sobriety test was designed to give the cops a probable cause. Again, you’d be a fool to take one.
It was always like I had poor lane control or some other excuse. It can be anything. If the law wants to pull you over they will find a reason. There was another bar owner in our town that had 2 DUIs. We pretty much all knew each other and would joke about the whole situation. There were many bars in the area and lots of DUI arrests.
In VA, you can refuse the FST but you're obligated to take the blood or breathalizer, those are covered by implied conscent.
