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This is why you don't take field sobriety tests
- Thread starter 2strokeYardSale
- Start date
JesasaurusRex
On a break
In theory 'no', in practice 'yes'
When they've had absolutely nothing to drink, or want to prove some point.
DaveT319
Marquez FTW
Yeah, basically she'd be arrested on "suspicion of DUI" in order to take her in to have a breath or blood test done. If either/both of those come back negative, theoretically she should be released, though depending on her behavior prior to and during her arrest she may face other charges. 2stroke is familiar with that part.
Shaggy
Zoinks!!!!
In this situation, she is clearly intoxicated. Even if she refused FSTs, I would have no problem making that arrest without FSTs based on her objective signs of alcohol intoxication.
Every situation is different though.
JesasaurusRex
On a break
Blood tests take time, you're spending the evening in the slammer. Breath test doesn't take long, but if you blow anything you're still probably spending the evening in jail. You don't need a .08 bac to be arrested for dui.
THIS
In California, 23152 (A) and (B) VC are separate charges. I can arrest someone for being below an .08 if they've been involved in an accident for example, or if they're a combo (meaning drugs *both legal and illegal*) and alcohol.
JesasaurusRex
On a break
No, it's an example. You're also correct that there are other reasons to be arrested for being under a .08.
JesasaurusRex
On a break
JesasaurusRex
On a break
I missread that guys post, I read it as any random person, not that woman or her situation in particular.
No. I've stopped people who were an .07 who did fine on their FST and were released. I've arrested people who clearly impaired and were under .08.
JesasaurusRex
On a break
I think that I'm not understand what you're trying to express..... which law are you referring to?
Jiggles
Just me
Good point.
Rel, you really should let the impaired people who can't safely operate a vehicle but blew less than a .08 go free.
JesasaurusRex
On a break
JesasaurusRex
On a break
You're obviously not paying attention to the topic at hand.
Which states: 23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.
Okay..... I'm still not understanding what you're trying to say....
JesasaurusRex
On a break
I'm saying fst's are voluntary, and even if somebody takes one, "passing" and failing are discretionary by the officer giving the test. The only thing really set in stone is alcohol in a persons system. "under the influence" is discretionary. So because you, Rel, may handle a situation one way does not mean another Leo will do the same. Which brings us back to not needing to have a .08 to be charged with dui. An accident might be what it takes for you,Rel, to decide somebody is under the influence, but you're not the only Leo in the field.
Well, you're mixing a lot of things....
The accident example just that..... an example.
FST's are voluntary.
There is no "passing" or "failing" of FST's. We're looking for validated clues to determine level of intoxication.
I arrest, well I did when I was in San Jose, a large number for people who are impaired that have not crashed. I don't want it understood that I "only" arrest those who have crashed and who've consumed alcohol. Now that I'm in the sticks, my arrest numbers have gone down a tad.
The accident example just that..... an example.
FST's are voluntary.
There is no "passing" or "failing" of FST's. We're looking for validated clues to determine level of intoxication.
I arrest, well I did when I was in San Jose, a large number for people who are impaired that have not crashed. I don't want it understood that I "only" arrest those who have crashed and who've consumed alcohol. Now that I'm in the sticks, my arrest numbers have gone down a tad.