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Refuse roadside sobriety test...yes?

drewler said:
How about you stop breaking the law and whining about getting caught?
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How about what? When have I ever posted about breaking the law and then whined about getting caught? :rofl

How about you stop making shit up? :laughing

seriously, barf has some of the weakest minds on the internet.
 
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Junkie said:
What possible reason could you have to REFUSE the search other than that you're hiding something?
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What part of the following do you not understand?

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".
 
MR. Awesome-Sau said:
It is within your rights to refuse the test and ask for a Breathalyzer.
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Shit, wish I'd known, would have been much faster.

*Suspected drink driving stop in the UK, in the middle of freezing cold winter night*

Tap tap on window.

"Can you roll your window down please, sir?"

"Sure" *whirrrr*

"Have you been drinking sir?"

"Nope"

"Do you mind blowing into this, sir?"

"Nope"

(crackle, pop, blow, ding!)

"Blew a green sir. Have a safe drive."

"Thanks, bye"

(Leave)



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*******************************************************************

*Suspected drink driving stop in the California, in the middle of freezing cold winter night*

"Step out of the car please, sir"

"Oh, ok"

*is very nervous standing on the side of 101 at 2am as cars occasionally target-fixate and only 'break off' at the last moment.*

"Have you been drinking sir?"

"Nope"

"Going a bit fast weren't you?"

"Yes, just want to go home. Long night"

"Can you just, stand on your head, touch your hands to your nose, walk in a straight line, count backwards from 100, say the alphabet forwards, then backwards, then do the hokey cokey and shake it all about please, sir?"

"Sure"

(5 freezing, scary minutes later as actual drunks swerve about in the darkness at 80mph).

"Looks like you weren't lying about not drinking. Keep the speed below 75, even at this time of night"

"Sure thing, thanks"

(Wait 5 mins before hands and feet are warm enough to operate controls again)
 
You are debating constitutional rights on a regional motorcycle forum and expecting anything but the exact response you are recieving? Sit down. Take it to the supreme court or take your ass home.
 
MR. Awesome-Sau said:
It is within your rights to refuse the test and ask for a Breathalyzer.
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You also have the right to refuse a PAS(Pre Alcohol Screening device) or breathalyzer as you call it out in the field. If arrested you have to still submit to blood or breath test.
 
madsen203 said:
Can someone please confirm my DRE (Drug recognition enforcement) statement?
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DRE is a Drug Recognition Expert.

Your statement is incorrect. Any officer can give you a DUI for marijuana. But no worries, my DA's office wont even charge DUI for marijuana even if you were arrested, unless of course you crash and hurt someone.

A DRE is someone who is classified as an expert in narcotics and under the influence detection. Although you don't have to be a DRE to be classified as an expert in court on dope if that makes sense. If you are a certified DRE, it just speeds things up in the court process for expert testimony (its comes with other things as well but this is an easy way to explain it).

Some people have expertise in different areas. Like traffic officer's have expertise in traffic collision investigations including reconstruction. It doesn't mean a beat cop can't take a fatal accident, it just means the traffic officer has had more training will be able to take that fatal crash more proficiently.
 
Here's a suggestion...how about you not drive after drinking?

OMG NO WAY!
 
Ok, I'll attempt to wade through all this.

First, DUI laws can be very confusing. There is a TON of misinformation out there, and you can't believe all that you read or hear.


No, you aren't required to do the tests.

The eye test, or HGN. This is VERY accurate for a skilled officer. I know many officers who can tell your blood alcohol content to within +/- .02 just off of this. No matter how often you drink, and thus become a functioning alcoholic, you can't hide from this test. The eyes never lie.

The other tests can tell us a few things here and there, but the eyes are golden. Hell, I even know guys who can tell a BAC just by walking up to the car and sticking their head in the window.

The handheld "breathalyzer" on the side of the road is not the real breathalyzer. Its a preliminary alcohol screening device. It is still however, extememly accurate and it is really never outside of .01/.02 what a "true breathalyzer" would and does read.

Only when you get arrested for DUI, do you now HAVE to take a breath or blood test. If you refuse THAT test, after you've already been arrested then your license is suspended for a refusal.


In all seriousness, its in your best interest to just go along and do it. Its no illegal to drink and then drive, as long as you're under .08. We run into plenty of people who are .03-/.06 and its no big deal. Now if you're a lightweight .07 who stinks of alcohol and you want to play the "I know it all and I'm not doing your damn tests" game, you're probably going to get arrested, when you would have just been let go if you blew into the PAS on the side of the road.


You know what you truly drank, to us the only thing we ever hear is "2 beers". If you had two, blow into the PAS you'll be .04 or less and you're on your way. Its funny though how many say 2, but turn out to be .10 +++, imagine that. We're not stupid, your DUI stop isn't our first rodeo. Playing games doesn't work well.
 
If I was looking for advice on what to do during a sobriety check, the last person I'd take advice from would be a cop.

I think instead I'd listen to the countless DUI attorneys who almost universally say never do the sobriety checks or take PAS. It's not always particularly easy to know if you are .06 or .085. Risk analysis 101, you put up with a little hassle (possibly getting arrested) and in return you buy yourself time to burn off the alcohol and lower your BAC. You can call it "playing games", I'll call it my "I just ensured that I will not have to pay $5000 in fines and fees" trick.
 
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Calling a cab in the first place is way less hassle.
 
To save yourself a lot of unwanted headaches I'd do what ever it took to NOT to go to jail.

A: don't drink and drive.
B: you have the right to refuse all fst's and questions. However this does not help you.
C: if anything blow into the little machine. There is a chance you're under a .08 at least you'll go home.

Lastly, refusing to give a chemical test will result in your license being suspended for a year.
 
mercurial said:
If I was looking for advice on what to do during a sobriety check, the last person I'd take advice from would be a cop.

I think instead I'd listen to the countless DUI attorneys who almost universally say never do the sobriety checks or take PAS....
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I'm gonna go out on a limb here and say that applies if you have been drinking and might fail.

Rel said:
To save yourself a lot of unwanted headaches I'd do what ever it took to NOT to go to jail....
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If you haven't been drinking then sure, just blow into the thingy and go on your way.

Or if you haven't been drinking but you think that making a statement about your constitutional rights is more important than saving the countless lives lost by drunk drivers, then by all means carry on with your little protest.

Does that about sum up this thread?
 
rodr said:
I'm gonna go out on a limb here and say that applies if you have been drinking and might fail.



If you haven't been drinking then sure, just blow into the thingy and go on your way.

Or if you haven't been drinking but you think that making a statement about your constitutional rights is more important than saving the countless lives lost by drunk drivers, then by all means carry on with your little protest.

Does that about sum up this thread?
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+1
 
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