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Refuse roadside sobriety test...yes?

bmer97

bmer97

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I know of people who would flunk 'field sobriety tests' because of medical conditions not related to drug/alcohol blood levels, but who are able to safely drive. Watching the show 'Cops', it appears that the police REQUIRE suspected drivers to take these tests, and the assumption is the failure of the tests PROVES that they are intoxicated.

Not so fast:

Quote from post at:
www.drunkdrivingdefense.com/general/field-sobriety-evaluations-or-tests.htm

"FIELD SOBRIETY EVALUATIONS OR "TESTS"
GENERALLY
Motorists suspected of DUI / DWI are routinely asked by police officers to perform one or more field sobriety exercises. These voluntary "tests" (yes, voluntary) were developed by police agencies to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence of alcohol or drugs.

Through the performance of these tests or evaluations, the officer subjectively determines how the motorist reacts to and performs the requested tasks.

Almost EVERY knowledgeable DUI / DWI attorney will say to you, "NO. Don't attempt ANY 'field tests'---EVER." That is because many studies have concluded that the SFSTs are "designed to fail".

Another article:
www.washingtonduitriallaw.com/2009/...field-sobriety-tests-do-not-measure-sobriety/

:ride
 
Didn't help when I refused. *click*

If you're not drunk just tell them you have an inner ear infection and will be happy to take a breathalyser.
 
I think I read that if you refuse to take the roadside sobriety test
your license will automatically be suspended.
Personally I have never been asked to take it, though I am familiar with all the tests and
I know I would be able to pass them no problem.
 
If you refuse, you must take the breath/blood test. Simple. Read the fine print you agreed to with your DL.
 
imhb you can refuse field sobriety

if the officer has what he believes to be sufficient evidence they will arrest you and take you down to the station/hospital where you can/will take the mandatory version. If you pass the test they will issue an exclusion on the arrest and "remove" it from your record. If I was drunk I would refuse the fst in hopes that by the time I reached the testing station I would be sober

but I don't drink and drive so...
 
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Tonight there is one in my neighborhood that starts at 9 PM. I think I may go over and watch it for a little while. :laughing
 
In Canada (Quebec anyway), it is illegal to refuse the test. What possible reason could you have to REFUSE the test other than you know you're drunk?

In any event, the test isn't enough to get you convicted, only enough to get them to arrest you and take you to the station for a trained user operated machine to give the proper reading....if you're borderline and already in the "alcohol leaving your system" stage you could theoretically drop below the impaired limit in the interim, but a lot of people are in the "more alcohol is going into my blood" state so that won't actually help.
 
There are a few BARFers that feel one should not cooperate with the police in any way.
 
my memory of Scotty's seminar was to refuse any and all tests, including the "follow this light with your eyes" test. The machine the cops have in their car is not the breathalyzer, and is also optional. Which leaves the cops to decide whether to run you into the station for the real breathalyzer, or let you go, or write you up for a million other infractions.

What I don't know is what happens to your vehicle when they run you into the station. Does it get towed immediately, or do they tow it only after you fail the breathalyzer? And if it does get left on the side of the road, will the cops take your sober ass back to it after they're done testing you?
 
drewler said:
There are a few BARFers that feel one should not cooperate with the police in any way.
Click to expand...
Hello.

Been there, done that. You don't have to "refuse" anything. Just don't do it when you are asked to jump through their hoops.

Because of their nature, the cops might phrase it as a compulsory act you must perform upon demand but that doesn't change the fact that it's still voluntary.

"Follow my pen with your eyes!"

"Please, if you want to, follow my pen with your eyes. You don't have to; it's your option."
 
HappyHighwayman said:
In Canada (Quebec anyway), it is illegal to refuse the test. What possible reason could you have to REFUSE the test other than you know you're drunk?

In any event, the test isn't enough to get you convicted, only enough to get them to arrest you and take you to the station for a trained user operated machine to give the proper reading....if you're borderline and already in the "alcohol leaving your system" stage you could theoretically drop below the impaired limit in the interim, but a lot of people are in the "more alcohol is going into my blood" state so that won't actually help.
Click to expand...
What possible reason could you have to REFUSE the search other than that you're hiding something?
 
Junkie said:
What possible reason could you have to REFUSE the search other than that you're hiding something?
Click to expand...

The fact that they are abusing said powers on innocent until proven guilty people. I carry prop 215 materials around and I will refuse a search on the grounds that it's my privacy..dah di dah. Only a certified DRE officer can give you a DWI for being under the influence of cannabis (IIRC) too.

If I had a beer, I'll tell them I had a beer. I won't consent to any tests until they bring my ass into the station and drop charges after passing the test there.

Some cops are just dicks and want to take out their aggression (or what have you) on you by writing superfluous tickets.

Can someone please confirm my DRE (Drug recognition enforcement) statement?
 
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