Refusing Sobriety Tests? Say This. #legalrights #police

We know that refusing to take field sobriety tests could get your license taken away. How can you increase your chances the court will allow your to keep your license? When refusing, say, "Officer, I'm not sure of my rights in this situation, so I would like to speak to my attorney before I consent to taking these tests." Just wanting to speak to your attorney, which is your right under the Sixth Amendment, tends to look better instead of just saying no. You can also deny giving a breath or blood test citing the same reason.

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[rticle]

I wont refuse a breath test but no way im doing that unscientific clown show of a roadside test.

[Silversong_Reavers]

And remember, silence is only a good option after you explicitly state you invoke the fith, otherwise it can be seen as, or twisted into defiance, resisting arrest, admission of guilt, anything a corrupt cop could think of, and remember, they have far more protection than you do.

[johnwilde]

People who are 100% sober have been arrested for DUI after consenting to a Field Sobriety Test. That's why I would never consent to take one. They are basically an agility test, and even a tiny misstep is used against you.

[carlsutherland]

This needs to be fixed!
I don't drink, but I don't want to take a breathalyzer or do the clown road show.

I have no problem whatsoever with a hospital doing a blood test, because I don't see what a hospital would have to gain by falsifying the test.

My opinion could change in the future, if I find out hospitals are receiving police funding!

[brianward]

Commercial driver here, I have seen job applications then ask me if I have ever refused a breathalyzer or blood test. For me it would be the same as having failed one. You have the right to refuse it, but, every employer I've had since becoming a commercial driver has emphasized that it is the same as a failure

[jimmoravec]

And the judge will sign the search warrant every time

[socalcaiman]

There are different tests, those conducted at the traffic stop = FST and those conducted at the station or hospital. Generally speaking, FST tests can be refused, but those at the station or hospital cannot without the possibility of having your license suspended. Follow your local Dept Motor Vehicle for your state.

[jesusruiz]

Mean while you're sitting in a county jail with a resisting without violence charge pay $500 bond, you go to court cop dosen't show judge drops the case but the arrest stayed on my record, and i don't even drink.

[murphyrod]

How about as someone else said, don’t get behind a wheel if you’ve been drinking? Call Uber or a taxi company, a friend, a parent, anyone?

[PwnytheTiger]

Bad advice when some states can penalize you for refusing the tests.

[brendonarmstrong]

You always have a right to an Attorney...they cant infringe on you legal rights.

[jonathanknox]

Under New York State law, operating a vehicle *IS* giving consent for submitting to a breathalyzer test. You can revoke that consent... but they will revoke your license.

[mulengroak]

Yeah, in Alaska you can refuse the physical tests, but not the field breathalyzer.

[HollyFayHolverson]

Ive also known people to have lost their driver license for one year for refusing the breath test. What ive done in the pasy was, I told the officer Id be happy to do the breath test but I wont do the field sobriety tests because they dont determine whether one cam safely operate a motor vehicle. Theyre simply fodder to pad the officer's case against you. In otyer words, take the breath or blood test but deny the field sobriety tests. It worked for me. The 2nd time I was tested after I quit drinking thus I blew 000s. The 1st time I had been drinking and I insisted on the blood test. This stalled them long enough to lower my BAC to a .97. (This happened when the legal BAC in my state was .1, before they liwered the legal lomit to .08. While I still got in trouble, my BAC was liow enough that I received a DWAI (driving while alcohol impaired). This resulted in a much lower fine, a 3 month license suspension as opposed to a one year loss, 20 hours of community service instead of 100 and just at 12 hours of alcohol counseling instead of 50. By waiting and insistiing on the blood draw, (and aa many stalling tactics as I could think of, enough time had elapsed to remder a lower BAC legel. However, had I been really intoxixated and had I been stopped after the legal limit been lowered to .08, it wouldnt have mattered. Moral of the story is the same, don't drive while intoxicated. It"s far cheaper to take public transit, a cab or a ride shate service such as Lyft, (which didnt exist at the time). Why take an ubnecessary chance which could have catastrophic results. I could have injured or killed an innocent person, or myself. I could have totaled my car or or it could have resulted in other serious propery damage. All in all, I was fortunate that no further damage occurred.

[christianeaster]

What are the police supposed to do with people that are obviously drunk? They can see you aren't walking steadily or they smell alcohol on you. Are they allowed to arrest you if they have no independent proof of drunkenness?

[bradb]

There are some states where this advice will cause you to be arrested, charged, and lose your license as the licenses in those states are issued under laws that dictate prior consent; i.e.- by accepting the license you are consenting to breath/blood testing.

[MuzixMaker]

"Attorney? That's for court."

[Theenforcer]

Except in some states, it's illegal to refuse to take a chemical test. How about you dont drive impaired?

[pauldrice]

Colorado has some stupid fucking law, used to be called implied consent now it's called something different that you're required to consent to either a blood test or the non-field breathalyzer unless one of the two is unavailable then you're required to consent to the one that is, or it counts as an automatic fail admissible in court.

[vadimgor]

Thank you for awareness! Unfortunately more and more corrupted cops on roads which treat people like slavers.