I read an article once that stated that over 90% of judges pulled over for suspicion of DUI refused FST and roadside breathalyzer tests. There's a reason for that.
If you are trying to imply guilt, I would like to refer to you the 5th amendment and also that everyone is presumed innocent until proven guilty in a court of law.
He's implying they know their rights and exercise them. The 10% is probably the people who know they have done nothing wrong, and feel it's easier to go along with the tests than exercise their rights due to time/ convenience. Even if you've done nothing wrong, and haven't consumed alcohol, it's very inconvenient to argue with cops on the side of the road, be hand-cuffed, placed under arrest, perhaps have your vehicle towed, just to go take the station test, when the field test will likely show the same thing. @@alexm7777
@@alexm7777 If you are trying to imply that Circles are better then Triangles, I would like to refer you to Hexagons. For everyone knows that Hexagons are the bestagons.
There's a trick with a handheld breathalyzer that is commonly played on a driver. If you blow twice, the alcohol in your breath from the first blow will linger and when you blow the second time, the two amounts of alcohol combine. You only need to blow once. If an officer says something like, "I didn't get a good reading, could you blow again ?" , refuse. If you weren't over on the first reading, you weren't over. Your done.
@@broKen73484 No, you've agreed to submit to a test for intoxicants. You can always just say that you wish for a blood or urine test and refuse a breathalyzer test. They can't make you take a breathalyzer test, they CAN make you take A test. But yeah, the way it's worded in this video is misleading.
Back in the 90's in school they brought us to the station and a kid used Binaca breath spray on the table unit and it said he was plastered. I remember the officer was so surprised, he thought it was infallible.
Which is one of Oregon's dumbest laws. We have very strict DUI laws but also banned Uber. Most taxi places won't even come out to where I live. My mom before she passed needed wheelchair access for doctors appointments so she needed a taxi with wheelchair access and even that was like pulling teeth because we are just barely over 15 miles out of town. It also cost roughly $50 out of pocket both ways. Not condoning drunk driving. Just saying that some states if they really want to stop drunk drivers should probably change their laws. There's so much more to be said but in Oregon for many people there is little to no safe option to go out and drink. Luckily for me I normally drink at home and anybody who comes over is more than welcome to sleep at my place and I'll even make ya breakfast. 😄
I am just gonna say that surge pricing can really mess this up. I had a friend who ended up sleeping in his car because of this. He checked the appropriate price of an Uber home before going out and it was $40. When it came time to take the Uber home surge pricing meant it was over $300, which he couldn't afford. Fortunately he was responsible and don't drive, but plenty of people would make a different choice.
@@PsRohrbaugh be careful of sleeping in your vehicle while drunk in winter. Family of mine got a DUI for sleeping it off in the backseat with the car on for heat. He was clearly trying to be responsible and they punished him for it because of a technicality.
@@Andrewflusche I feel you man. I fell in love with the law as a CID Agent in the Army but left LE because most cops don't care about the law and get offended by people invoking their rights (funny enough military LE is totally different with that and generally don't get that way) I have kids so law school isn't an option. 😔
@@Andrewflusche I really enjoy your videos. It would be great to see you actually in court. Too bad I am in California. I would never consent to anything in CA . Cops are born liars and the Supremes affirmed that right.
My buddies and i went to Spain for the running of the bulls festival. We had our friend Willy drive us back to the hotel since he had nothing to drink. We were pulled over, and Willy was told to blow in the handheld version breathalyzer. After; the officer said (in Spanish,) you need to go back to town and have a few drinks; you have no alcohol in your body, that's no way to experience this festival.
Field sobriety tests are nearly impossible for most stone cold sober people to pass. The subjective way they are explained to the suspect and the subjective way they are scored stacks the odds against the suspect. I have never seen taking a FST help anyone except the law enforcement officer. Great video! Keep up the terrific work!
I have one anecdote to counter this claim. I had a friend in HS that had taken a single shot of liquor before leaving to drive home. He was underage. Being a teenaged idiot, he drove through his friend's yard on the way out to troll the buddy. A cop saw the whole thing and immediately pulled my friend over. My friend refused to blow knowing that ANY alcohol was illegal for him to consume and that he'd almost certainly blow more than 0. The cop told him he had to do a field sobriety test, failed him, searched him finding paraphernalia, and my friend ended up getting DWI + possession of drug p. In court, his lawyer argued that my friend had, in fact, passed the field sobriety test. The judge watched the tape and agreed. All charges were dropped (the possession of drug P was dropped as the search was no longer legal). So, the lesson from this case is that you're right that the test is subjective and that the cops can read whatever they want out of the results, but at the end of the day, taking the field sobriety test CAN help you if you can afford a good lawyer, and get a fair judge. It also helps to be an elite and highly coordinated athlete :P.
I should probably tell you I have never been given a field sobriety test when I had not been drinking. Which, I'm not disagreeing with your statement either.
Naaah not true! with exclusions and its subjective. Most normal people of the unintoxicated variety can pass the tests to an acceptable level, foot went off the line while doing heel toe to 10, not really a big issue, you count to 30, that might be an issue, you almost fall over, possibly an issue. Not many folks can say the alphabet backwards smoothly but can you do it without falling over.
Wrong! When I make a closing argument to thr jury in a DUI case, I will replicate the tests, not to show I can do it, but to mimic what thr officer testified he told thr driver to do. (But of course we do it to show we can do it). Ive never fallen over over, touched my forehead, or missed my finger touch. So you're absolutely wrong thar no one can do it.
On precisely how to STFU, you say this and nothing more: “Officer (or deputy), I understand that you are just doing your job. However, I have been advised by my attorney not to answer any questions from law enforcement without legal counsel present.”
CALIFORNIA: The desktop breathalyzer test is the one that can be used as evidence of your guilt in your DUI case. A roadside breath test prior to arrest is optional. The law allows refusal unless you are under 21 years of age or you are currently on probation for a previous DUI.
I got a DUI sitting on my porch . I had been drinking but I had not driven since I got off work. Cop walks up arrests me. Takes me to jail where I refuse to blow. I hadn't been driving so why should I blow. Lost my license on the spot for a year. Went to court and the case was dropped due to the fact that they had nothing but the suspension was still active. I told the Judge that since the case was dropped the suspension should be dropped too, he said no. No one had seen me driving because I wasn't. When I asked the Judge why had I not been given due process to take the license he threatened me with contempt. Legally they had to give me due process but they didn't. That's a violation of the federal and state Constitution.
"Due Process" is not guaranteed. Check out "Red Flag" laws, where any bozo can turn you in for anything, without your knowledge. Happens when someone is anti-gun and knows you have a gun. They can call the police and lie about you and your mental state. You can then be hauled into court, where you must prove yourself innocent, rather than have them prove you are guilty. Unconstitutional? Sure, but it still happens. Don't tell me that Justice is Blind!
In New York I believe refusing a roadside breath test (PBT) CAN result in license suspension if the officer pulled you over for any other traffic infraction OR has reasonable suspicion of DUI. And the refusal can be used against you in court if charged with DUI.
This made me curious. If you refuse roadside tests, then it's an almost certainty you will be brought to the station for the "real" test. In this case it would seem that they will transport you and most likely impound your vehicle. If you are found to be not at all intoxicated (no DUI or DWI) and are released without charges, will they release your vehicle, or would you have to pay impound fees? It would seem that even if you're sober and have to pay to get your vehicle back, then you're still being punished for refusing the roadside test.
That's an outstanding question, I would imagine if you're not in a parking spot / parking lot and are at all in the travel way, you're getting a hook. Big cities sometimes have their own wreckers but most rural places use contract companies so there will be a cost at least for towing.
@@wjg4877 That makes sense with being out of travel. I certainly expect cost associated with towing, but even if the individual is as cooperative as the situation warrants and is still taken to the station, it would seem appropriate for the impound to be treated like validating parking and the city/county/state would have to eat the cost, but I have little doubt that doesn't happen. in fact, it is most likely that the only way to recover impound fees would be through court, and it may cost more to try recovering the fees than to just pay and move on...but then again, isn't that how most traffic ticket fines are structured anyway?
Your gonna pay to get out of jail possibly,possibly have to hire an lawyer and definitely gonna pay to get your car out even if you win in court you're out that money call an Uber be safe
The police WILL charge you with SOMETHING even if it's false their goto is resisting arrest. There is no way to prove you didn't and it gives them justification to make you pay the fees.
In Ca. you can refuse the pre-arrest (PAS) test if you are over 21 and not on post DUI restrictions, but you must submit to a test after arrest. However, you have your choice of blood, breath, or urine tests. If blood and breath tests are not readily available you have to take a urine test.
Most excellent, thank you for pointing out which states can/can not refuse roadside breathalyzer tests. Of course, if you can refuse roadside breathalyzer tests, you can refuse all roadside tests of any nature.
@@thomasryan2679 I'd hire this attorney in a hot second on anything criminal or rights related. OH, why don't you just CONSENT to everything and see what happens. Enjoy your horizontal gaze Nystagmus test. Hee hee hee.
Kudos for covering multiple sides of this issue -- when you should consent, when you can refuse with few or no legal consequences, and when you should refuse.
I was once arrested by a Texas Highway Patrol officer for DWI who followed me from the bar to the gas station down the road (to be fair, yes, I had been drinking). He told me on the way to the jail (he was kind enough to let me sit up front and BS with him) that my driving was fine, he noticed my tags were expired. I'd just gotten them that day and had forgotten to put the new tags on. He also mentioned he followed me from the bar so he assumed I'd been drinking, even though, again, admitted my driving was fine. He pulled me over about a year later for my high beams being on and apologized for arresting me. He could've just not followed me or left me be, but at least he was incredibly nice about the whole situation... That's a few thousand dollars I'll never get back though. Don't drink and drive, kids. It's not worth it. I don't particularly care about your life, but I'm letting you know it's very expensive if you're caught. That's my Ted Talk.
REAL ADVICE: *T0 Avoid Vehicle-Impound When Jailed!* i've faced this situation since a youngling Driver. - **NEVER-Ever pull over on 'side of road'**(If possible) *Always*, pull off into a 'public' parking-lot (Corporate property :/ ). Remember: DO NOT PANIC when u see them Lights, you *are* allowed to drive 'a reasonable distance'; *just BE SURE TO GIVE Good Signaling to officer* -Acknowledge Your Cooperation-. & DO NOT *increase speed*! (ie. responsive signaling/hazards-lamps or just stick ur hand out window with a biker's 'hold-short' type signal). (edited 4 typos & P.S.) -Afterall, u do NOT want tp interfere with public-traffic-flow etc, right ? ;) *cough* ;)
Do realize that a few years back a couple attorneys made headlines by demanding during discovery the calibration codes of the station breathalyzers. The manufacturers of these machines claimed that this was their trade secret property and a judge agreed with them. That voided out a few court cases, so now most states will do the handheld on site for breath and then when they arrest you take you in for a blood draw at a hospital. I still agree with Andrew to refuse the roadside if your state allows that and to demand a blood test if you are arrested and damn certain you are not drunk. Even then please realize the cops will tow your car and you will be sitting in jail and need to pay for a lawyer. If you expect the cop to ever suffer for putting you in wrongfully, just realize they get away with shooting unarmed people all the time. Do you think the court gives a shit about your car getting towed?
@@thomasryan2679 Nick is correct in everything he said. Just because he's right and you don't agree with him, doesn't make him "Andrew's lover". Take that police-state mentality somewhere else.
@@thomasryan2679 Considering how many times dirty cops make the news and the fact the rest of their department covers for them and stays silent, I challenge you to prove any given police agency is responsible
@@optimusprimer4392 And the DMV immediately puts you on suspension along with the penalty if convicted being higher. So yes you can, but not without consequences
States where you DO have a penalty for refusing the roadside breath test. 4:57. Navada, Montana, Nebraska, North Dakota, Michigan, New York, Conneticut and Rhode Island.
Very interesting info, I didn't know you could refuse. Makes sense that the station is the more accurate one, that is also calibrated whereas the field unit probably isn't.
Roadside field sobriety tests are nothing more than a tool that the investigating police officer uses to gather evidence for his case. If a police officers asks you to do one of these tests he already made up his mind that you're impaired. In order to bait you to take the test they will often deploy the "you're probably fine and will pass it, so let's conduct some basic tests so you can be on your way." People often make the big mistake of doing the field sobriety test and failing miserably and then panic and refuse to take the test at the police station. It's already game over. Just don't drink and drive.
In my experience, the PBT (Portable Breath Test) units are extremely accurate. Which isn't very surprising, since it is not a complicated instrument. They just aren't admissible as evidence in a trial since they are not "certified". They are a useful tool, however, for investigating possible DUI, and in many cases a PBT will actually exonerate a driver who is under the limit, and let them and the officer get on their way. So if you know you're over the limit, taking a PBT will not help you get away with drunk driving, and you should follow this lawyer's advice. But if you know you only had, say, one beer two hours ago, then a PBT will demonstrate that you are under the limit, even though you may reek of alcohol because some clown spilled their drink on you.
@@indianapolisindiana7856 Be VERY VERY careful with the PBTs In Georgia they are know to amend the charge to DUI DRUGS when you blow negative. Then you will be charged and it will take MONTHS to get back the test results with THOUSANDS of dollars spent on lawyers and having your life turned upside down.
@@bindingcurve : Indeed. Georgia is about as f*ç&ed up as it gets when it comes to falsely accusing people of drug crimes. "Woman jailed for 3 months after cotton candy falsely tests positive for methamphetamine": ruclips.net/video/lIkuwd0tzpw/видео.html Steve Lehto -- "Woman jailed for cotton candy but *_can't sue":_* ruclips.net/video/WcclMIRtOcM/видео.html
Thanks for this video, but if you would please let me know if I misunderstand this: In many states you are not required to submit to field sobriety tests including a breath test. Implied consent does, however, allow for administrative penalties and in my state refusal to comply with any field sobriety instruction can result in loss of license for a year. Not complying is not against the law but in the end it hardly matters. No license for the non-compliant.
It's way easier for your lawyer to handle a case where there's no evidence besides your refusal of all tests, than one where you were documented in many ways to be under the influence. IE the administrative penalty for refusing the test is easier to counter. So do that unless you're clean. Source: My lawyer during my one and only DUI (which I only got because my headlight was out, he was literally going the fuck around me after observing me a while, before he saw the light out...).
In Kansas in 2006 I was detained at a checkpoint and had no idea what my rights were. They asked me to step out of the car I thought cooperation was the best bet. They had me do all the counting in the ABC’s in the walking in a straight line. I passed all of them just fine yet they still told me to blow. Of course we shouldn’t drink and drive but even if you’ve had a couple and feel fine they will get you. Know your rights people
I'm not a drinker but do have a question (never been pulled over for anything in 50 years). What are the steps during a possible DUI stop? If you HAVEN'T been drinking at all do you take the breathalyzer or ask to take the test at the police station? Do they do the Field Sobriety Test first and then the breathalyzer to confirm the FST? The reason I'm asking is because I'm 69 years old and not sure if I could walk the 10 steps, recite the ABC's backwards or touch my finger to my nose while my eyes are closed. What happens if you pass the breathalyzer with no problem...can they ask you to do the FST anyway? If you refuse the breathalyzer and ask them to take you to the station what happens to your car? If someone is with you can they follow you to the police station? If there is no one with you do they just leave your car on the side of the road or in a public lot exposed to damage or theft?
I'm with you. I don't drink alcohol, ever. But I'm 71 years old with several injuries to my legs from sports. There is no way I could pass those Field Sobriety Tests. I'd refuse the tests and then I would invoke my 5th Amendment right to remain silent. If they think you're impaired, they're going to arrest you no matter what. So I would not give the police any more evidence by taking the tests that I know I would fail.
I'm with you. Don't drink, don't do ANY drugs. I guarantee I could NOT pass the FST. Not sure I could say the ABCs forward let alone backwards. Heal to toe? Not happening. Standing on one foot? Haven't been able to do that in almost 50 years. I live in Michigan. What trouble would I be in if I refused a FST??? If I took it the officer could testify that I failed all parts of the FST.
This is true, it's a 200 dollar non criminal civil infraction and not considered a traffic violation. No points and cant be used as any conciousness of guilt in court. Michigan DUI lawyers still generally recommended to always refuse this test, the 200 spent is well worth it when it gives the prosecution less to work with and your lawyer more to work with. 200 is going to be a drop in the bucket anyway when it comes to fighting your case win or lose.
I knew this cuz of my uncle lawyer Richard Nelson. Refusal is only 1 year Suspension from DMV not Criminal Courts. So it’s not on your record. You can also get a “hardship license” to go to work and school. Always Refuse
@@randomstuff1019 You don't have to take a roadside breathalyzer if you have a CDL. I'm not sure what you are talking about. You can't refuse the breath test at the station and keep your license.
@@mehardin As part of the Uniform Commercial Drivers License Act: Disqualification-Grounds for, period of-Records. (1) A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department pursuant to [...insert your states code...], or if the person has been convicted of a first violation, within this or any other jurisdiction, of: (a) Driving a motor vehicle under the influence of alcohol or any drug; [...] (e) Refusing to submit to a test or tests to determine the driver's alcohol concentration or the presence of any drug while driving a motor vehicle
If you refuse the roadside test, I'm guessing in many large cities your vehicle would need to be towed. If you pass the breathalyzer test at the station, who's responsible for paying for the tow and any damages to the vehicle that might occur during and after the tow?
Well in that case you have to deal with the towing company and hire an attorney to help you file a lawsuit against the towing company and perhaps the police. Or you just might have to file in small claims court yourself against the towing company. And who knows perhaps the towing company is backed up and your car will still be there on the side of the road when you get back
If you refuse, the cop may still have probable cause to arrest yiu and tow your car. Ad driving, odor of alcohol, fumbling when trying to find your license and insurnace, slurring of speech, your field sobriety tests (finger to nose touch, straight line walks and turn, etc.,) so even if your refuse, he still has probably lying cause to belive yiu were under the influence of alcohol while operating a vehicle.
Who’s to say the driver wasn’t high too. If you blow low on an alcohol test, a blood test is usually asked for. If a cop doesn’t ask for a blood test, he’s not that smart.
@@bobbyhempel1513 or not to be born--following the constant victim blame of a system set up. How about public transport that is available in many countries for such cases? Oh, never thought of that did you?
@Darren Walter you assume the DUI investigation would correctly find you guilty. But as pointed out, you could easily fail a DUI without a drop of alcohol in your system
Good video. The problem is that you can be completely sober and tricked into a false charge. Lose your balance trying to walk an imaginary tightrope...jail. I don't practice circus acts. When exercising your rights is seen as suspicious, we have a problem.
They LOVE to arrest for DUI drugs. It screws people over even IF they are found not guilty. And if they do the tests PERFECTLY (and they don't track when the full protocols are NOT followed, which by anecdotal evidence may be most of the time), they are wrong 15% of the time.
The breath test may be required, but I don't know any state which can compel you to do "roadside sobriety tests". Don't. You won't 'pass'. You can only lose. Any stumble gives them an excuse, without proof, to act against you. The result of those tests are 100% the cop's opinion. It's completely subjective.
Due to injuries from a previous assault I sometimes start to fall over when I'm just standing, or I weave a little when I'm walking. It's a crap shoot if I could pass their field tests.
@@matthewk6731 Don't take the field test. If you must test after arrest, make sure it is calibrated or blood work. But don't take field motor coordination tests.
In the spring of 2011, a Doña Ana County Officer In Las Cruces New Mexico charged a driver with Aggravated DUI for refusing the field the sobriety and breathalyzer tests. The driver was sitting in a legally parked car outside of a nightclub after 02:00 am waiting for a friend. The driver’s lawyer had the case dismissed due to an improper stop (no probable cause to approach the parked vehicle), but beyond that, it appears common place to arrest and charge citizens with ADUIs for refusing roadside tests in NM. In this case this driver was not offered a breath or blood test at the station.
I’d love your thoughts on georgias DUI Less Safe law. I’ve personally had friends arrested for blowing a 0.02 under the new statute and the law reads that officers can arrest you now solely for suspicion of DUI regardless of BAC.
In the UK if you refuse a test you are arrested and charged with refusing to give a breath sample, the outcome is the same as failing the test usually a years ban and a substantial fine. If you can show a medical reason for not taking the breath test you will be taken to the station and where you have to give a blood sample.
I was so confused initially when looking up what it's like in my state (Oregon). I always heard you couldn't refuse a breathalyzer in Oregon, but what I didn't know was that apparently Oregon doesn't even use roadside breath tests, so you'd only need to take a breathalyzer after you're already arrested. I don't know how true that is since I just read about it, and I've never been pulled over under suspicion of DUI, but it's pretty cool we don't do roadside breath tests if true.
In Colorado if you refuse a blow test that's an automatic classes, losing of your license, and interlock for 2 years plus SR22 even if your case gets dismissed and you have no DUI.
I don't drink and drive. Should I refuse even if I haven't had any alcohol in over a week? Is there a chance that the roadside test is so inaccurate it would show me over the legal limit?
In Massachusetts my wife refused a breath test the registry's of motor vehicles took her drivers license for two years. The court case got dismissed. No drunk driving is on her record.
In order to practically leave a social gathering/party where you have been drinking in a taxi, you have to arrive in a taxi as well. Otherwise, you have abandon your car and must make arrangements to retrieve it the next morning. Although using a taxi to go both ways may be a good idea, few are going to think that far ahead. And abandoning your car is why people don't call a taxi.
Then don't drink at the party. If you can't do that, get a taxi. Believe me. You don't want a DUI. Even the ARD program is a major pain in the ass. 3 months suspended. Blow and go. Probation. Fines. Fees. Embarrassment. Insurance rates skyrocket. The inconvenience of getting your car the next day is much more convenient.
@@TheAstilesus I agree with your comment. However, I'm just saying my comment is the reason why people drink too much at a party but still don't call a taxi.
During my years as a cop, I bought and carried a handheld unit. If I suspected a driver of being intoxicated, I would offer him the opportunity to do a roadside test. It was not legally binding, but gave me a better idea of the person's state. It was more so that I didn't have to unnecessarily arrest and transport someone to the jail for the official breathalyzer. If that was refused, the person was arrested on suspicion of DUI/DWAI and transported to the jail for breath analysis or blood draw. I never had anyone refuse, but I had a few people pass the test and leave the scene with a citation for whatever violation(s) prompted me to make the contact. If they refused my roadside test, it would have been a much longer night for them (and me).
That was my thought. You can refuse the roadside test, but that would just lead them to arrest you anyway. Perhaps technically they don't have enough probable cause for the arrest, but in my limited experience with courts, they generally give a lot of leeway to officers. Even if you take the time and money to fight it in the courts and win, what's the worst that will happen to the officer? You will still be out of the time, money, and hassle, with what to show for it?
@@hubriswonk never had that happen. In my experience (and this should NEVER be seen as a reason or excuse to drink and drive) the people who exhibit the symptoms of DUI are WELL past the legal limit, and typically blow into the integers long after being transported to the jail for the official test. Plus, I have been more (probable too much so) lenient than a lot of cops. I never made a DWAI arrest (.05-
Great video! (you always do a great job). So glad you brought up the issue of calibration of these breathalyzer devices. First off: NEVER DRINK & DRIVE, but if you do get into a situation like that, it is always a good idea to see when the last time the machine used for a breathalyzer test was calibrated. Not by the police, but by a certified testing lab. If you go to most of the manufacturers technical manuals, they always stipulate that the machine be professionally calibrated. A colleague of mine was once pulled over for speeding and the cop told him what he clocked him on radar at. My colleague responded by asking the officer when the last time the radar gun (may have been a laser, not sure) was calibrated. Officer gave him a verbal warning and off he went (slower).
You don't have to be drinking in order to be arrest for "suspicion of intoxication". Happens everyday that completely sober people are arrested and jailed.
Yes. A LOT of tickets have been voided because there's no proof of calibration. There's usually an electronic record on it. Without that there is no proof. Ta da. Now it's REALLY mandatory to calibrate at the start of shift.
In Michigan, the state considers refusing a roadside breath test to be a civil offense punishable by a fine of up to $150, along with other court costs. There are no other penalties for refusing the test. All licensed drivers in our state must submit to the test at the station as a matter of implied consent of obtaining your license. If you refuse, it is an automatic 6 points on your license and a one year suspension. This may be desirable as opposed to the thousands of dollars a DUI may cost in lawyers fees and a suspended license anyway.
Mr. Flusche, I have a question I hope you'll find pertinent and will address. I'm an Asthmatic and on occasion use a OTC product by the brand name Broncaid as emergency relief in an Asthma attack. The label states this product is 33% alcohol. It sprays into the mouth, enters the lungs, and relaxes bronchial tubes which allows a sufferer to breathe - a very good thing. Will using such a product cause a person to fail a breathalyzer ?
So that uses alcohol as a carrier, but the total dose has to be tiny, so compare the volume dose against 1 oz of alcohol. I would think a small fraction would be absorbed and the rest quickly exhaled. See what the dose is on the container or product data sheet. If you used it the breath before blowing into a BT machine, it might show a reading. I suppose you could stop by the local station and see if they'd let you try it if you're in a small friendly town.
@@wjg4877 , I asked a cop about that once and asked if I could try it. He said, "spray it in your mouth then drive down the road and we'll try it". Obviously he id not going to cooperate, just looking for an arrest to bolster his career.
In Massachusetts, you can only be penalized for refusal if you’ve already been arrested. If you agree to the station test, and are found to have an illegal bac, you get a 30 day suspension, for a first offense. The penalty for refusal is 180 day suspension for a first offense, but is better than giving evidence against oneself for DUI, I suppose.
Love your comment of "if you can't afford to get in an Uber, you can't afford to go out for drinks" (though I would also add Lyft, Taxi or have a Designated Driver as well) as a part time Uber/Lyft driver, I can't tell you how many times I've driven someone home from the bar who says some variation of "I'm alright to drive, but I don't want to take the chance with cops". In my opinion, no, most aren't even close to being able to drive...lol
Rhode Island does now have a law penalizing (at the station)breathalyzer refusals. This used to be legal and a good way to beat a DUI but now it is considered a civil offense and you can lose your license for 6-12 months for a refusal.
In Missouri it's an automatic 1 year license suspension for refusing roadside breath test. However, if you're on your second DUI, you can loose your license for up to 4 years if any alcohol is found on your breath. I learn this from a particular family member. I don't drink and drive.
We had an attorney in Jacksonville get over 100 DUI convictions overturned when he revealed that the cops were not calibrating the breathalyzer properly or at the designated intervals. I think they haul one of those big ones around in a van and bring it when a cop suspects someone he's pulled over may be over the limit. In FL, refusal to blow is an automatic revocation of your license for a year. It says right on the front "operation of a motor vehicle constitutes consent to sobriety test required by law".
My friend had to take the test three times. After he passed it two times. He failed the third time. When he went to court. His lawyer said the breathalyzer was outdated and the Judge tossed it out. What do you think about that case?
I'm in VA. Two questions: 1) I heard you mention "21 and over". How do the rules vary for a 19 year old? 2) Can I also refuse FST (field sobriety test) without penalty? FWIW, I rarely drink alcohol, but I could imagine a scenario where I'm tired and trying to get home and an officer may interpret it as "drunk".
Virginia residents can all refuse roadside tests without a penalty. However, if you're under 21, the standard in VA for drinking and driving is MUCH lower. If the police can prove that you've consumed alcohol "illegally" and then drove, you're guilty of "baby DUI." Don't drink a drop and get behind the wheel if you're under 21.
In California, the standard for a juvenile is .02%. Basically, if you smell like alcohol, you're done! Commercial drivers can't have ANY alcohol in their system.
@@Andrewflusche Yes my son got a 'wet & reckless' charge in CA for having less then 0.08 behind the wheel but being under 21 he's not allowed to have anything over 0.0
Had a DUI arrest in Florida. Refused breath test, even at the station. Said I was perfectly happy to have a doctor draw blood to test, but I was not going to take a test administered by someone with a vested interest in my failure. Was I going to lose my license for a year for it? Yep. But as my lawyer said, it was the smartest thing to do if there was any chance I was going to blow over the limit. Because a DUI conviction will also cost you your license, as well as give you a criminal record. But since they didn't have any hard evidence that I was over the legal limit, they agreed to plead it down to a non-criminal moving violation. Far better to cycle for work for a year than deal with all the other crap that comes with a DUI.
@@thomasryan2679 Honestly, I forget. It was like 15 years ago. Maybe a few hundred. At the time, the cop who ran the DUI class I had to take as part of it said that with DUI having an over 95% conviction rate, it meant they had a weak case if they plead it down.
I once got breathalyzed when I was 16. My friends and I had just gotten out of the movie theater and were heading back to my house. I got pulled over for a taillight being out. The officer asked me to step out of the car, told me she smelled alcohol, and asked me to do a breathalyzer. I have never had so much as a sip of alcohol in my life so I passed and luckily she let me go with just a warning about the light. Having just watched your video then I think it’s odd that she started with the breathalyzer.
Ya! I don't know why they don't just use the breathalyzer first, every time. All that dancing in the street and counting backwards seems like a waste of time if you can get the result immediately.
Different people also react differently to a certain alcohol blood level. A chronic alcoholic maintenance drinker can be way over the legal limit and drive very well, while a younger person would be passed out on the floor with the same amount their system.
I got my DUI in 2007, and I deserved it. However the arresting officer categorically lied on the police report. He didn't have to lie. He had me. That's the part I don't get.
He didn't need to lie. But he realized it was a good opportunity to practice. So that he's good at it when it counts and he does need to lie. How do you get into Carnegie Hall? Practice.
It is an open secret in the criminal justice system that cops lie under oath on a regular basis. Not all cops, and not on all occasions. But it does happen on a regular basis. In most cases, the motive is to convict a person that the cop believes is guilty. It s a sad commentary on the motivations that are present in our system.
As near as i can tell you can't actually refuse roadside testing in Kansas with out risking a license suspension, but the officers are required to retest on the station machine post arrest if you fail, at least based on the info on the websites of what appear to be local DUI specialized attournys.
Assuming you take the road test and it comes back positive, can you ask to be taken to the station for the more reliable test there or ask for a blood test? Thanks
If you take the road test and it's positive for impairment, you almost certainly WILL be taken to the station for further testing. Asking for a blood test gets tricky, and it's state-specific.
Okay, I was going to comment saying that a field sobriety test is required in Illinois because I thought I read that on their website. However, researching it further: it looks like that only applies if they find out you had too much THC in your system afterwards. If that's the case, your license will be suspended.
Wow it went from 12 dislikes to 19 in 2 days, keep up the good work man. Dislikes means you got haters and if you got haters, YOUR DOING SOMETHING RIGHT! God bless and God speed brother 🙏 thank you for passing on your knowledge to help us.
I attended a BsidesLV convention where there was a presentation about how they (presenters) concluded that the testing equipment is inaccurate based on how they measure alcohol and they were threatened by the companies that make the equipment to not release their findings with legal action. The media/press were not allowed in the room and anyone caught with their phone out were kicked out immediately for the talk for obvious reasons.
Good video. I have one correction for you. In the state of Colorado, drivers under the age of 21 cannot refuse the roadside breathalyzer test. There is another fine point that is debatable. In Colorado law enforcement uses sobriety checkpoints to find drunk driver. They poke their heads in the car to smell alcohol or gauge your reactions. If they feel you are intoxicated, they will have you drive to the side. They then have the right to "detain" you under suspicion of possible intoxication. And therein lies the debate. The courts have come close to avoiding this issue and producing conflicting discissions. So, there have been some judicial precedence that indicates that the detention for suspicion is close enough to an arrest for suspicion. Meaning that the driver legally must submit to a breathalyzer test if his/her car is pulled out of line at a sobriety checkpoint. However; there is also some precedence (less and lower courts) that the driver still does not have to submit to the breathalyzer. But the lower courts held that the refusal of the hand held was ok but that a calibrated unit was not. With the penalties for post arrest (or detention) include 1-year suspension of license; requirement of special (expensive) insurance; ignition breathalyzer installed on your car and other penalties. Refusing the checkpoint breathalyzer may not be worth the risk of the mandatory harsh penalties. Edit: I am not giving legal advice.
In the video he said that if you're 21 you could refuse in almost all states. So I took that to mean if you're under 21 you probably "cant" refuse a breathalyzer.
Shiiiiit... full disclosure. Was convicted of a DWI for blowing a .04 in 2000 when I was 18. Anything above is a DWI here in NC if you're underage. Had a restriction once I got my license back that said I couldn't blow above .04? I think? Anyway, after having (hahaha seriously) two bottles of beer with dinner I was driving home and avoided some deer and wrecked. I politely refused the breathalyzer explaining why, got told I was gonna take it, politely but angrily told officer Scarborough that I wasn't then got slammed into his car and thrown in the back. Then at the station I refused again (very not politely) and while still in cuffs got slammed into some filing cabinets. When I told officer Scarborough that I wanted a lawyer he said something like "which one? I'll call them for you." and Mark Chestnut was the only one I could think of at the time. He seriously called him on his personal cell. Thought I was fucked. Chestnut told me not to do anything. Don't take the test. Don't say a word. We'd meet at county. He did and I was out. Fast forward. I was so fuckin scared. Fuckin trooper called the guy I wanted to represent me FROM HIS PERSONAL CELL PHONE!!! They were being all buddy buddy talking and laughing together BEFORE MY CASE!!! Turns out Chestnut is a fuckin savage. Blew my mind how quick he changed from friend to doing his job. He eviscerated that man. Had Scarborough stuttering. Ended up getting charged with unsafe movement and hold no ill will towards Scarborough. I've cooked for him many times over the years and we're good. Lawyer up.
In NEBRASKA, the roadside Preliminary Breath Test (PBT) is *mandatory*. Refusal to take the breathalyzer test is considered a Class V misdemeanor with a $100 fine, and is probable cause for the officer to arrest you.
Asked this in probably the wrong video of yours; this seems a better place: If you absolutely haven't been drinking, can the roadside breathalyzers give a false positive? If so, how likely is it?
Love the videos. Years ago I read a radar speed detector must be calibrated ever so often and there should be documents proving it. How can you be charged and fined for speeding if a possibly faulty detector is used? Wouldn't it or shouldn't it be the same in these cases with a breathalyzer? For purposes of talking about this and incriminating yourself, I have also been taught by a deputy sheriff driving don't need to answer any questions or get out of a vehicle unless ordered to. You don't need to perform a roadside field sobriety test. He said they are performing an investigation and you're not required to aid their investigation. Isn't performing a breath test providing evidence against yourself and aiding their investigation?
What about refusing to do the pet monkey song and dance tricks they want? In Kansas, I was pulled over after I had been drinking, but I knew I wasn't over the limit, so I told them to let me blow, because I refused to dance for them. They either didn't have a field tester, or they could tell I wasn't drunk, so they let me go. Didn't even get a ticket.
My local politician tried to "restrict" the use 9f random and targeted roadside tests. He and his family own quite a few rural pubs, they are almost their own mob family.
Hey wait, I've got a question... In my younger, wilder days after I got out of the Army, I picked up two DWI's, at which point I basically quit drinking for a couple of decades or so. That was 32 years ago. These days I drink a little, sometimes a beer with lunch or dinner, but I emphasize that it's "A" beer. At about 270 pounds, that puts my BAC below .02 at 10 minutes after consumption. Even if I had a double shot of 140 proof liquor, that puts me at .05 after 10 minutes, though it's not something I do. That's not my question. I just told you that so that you'd understand that I KNOW I'm not driving drunk. Ever. Full stop. So I know I'm safe. Here's the setup for the question: I developed the policy years ago that I would NOT do that "drunk dance" field sobriety stuff, but I WOULD take the portable breathalyzer test, because I know two things: 1. Even if I had a beer before eating, I'm well below the legal limits, and if I refuse THAT test and get taken to the station, I waste at LEAST an hour and my car gets towed. So if I can just blow in the portable machine and prove I'm sober, I can get on with my life right away. 2. If something goes wrong with that machine, if it malfunctions, I still have the REAL breathalyzer at the station to prove I'm sober. As it happens, I've never had to actually put that policy into action, even when I've gone through a roadside checkpoint. Ironically, I've had drug dogs check my car, but never had to do the drunk dance, let alone blow into a breathalyzer, portable or otherwise. Here's the question, and I know that you can't speak definitively for anyplace outside Virginia, but... Is that a wise policy? It SEEMS wise to me, because it's practical and I know I'm sober, but maybe it's not as smart as I think.
I love your videos I think they're great they are informative and very entertaining which keeps the audience captivated in watching and you keep to the point of the question asked you answer it in a way that everyone is able to understand thanks again for caring enough to share your knowledge with the rest of us
As I understand, you CAN refuse (refusal) the test at the station, and you will lose your license. Are you advising people to give physical evidence at the station that can be used to convict them? I know some states can force a blood draw and, as you stated, some states impose penalties for refusal, yet isn't it wise to deny them evidence against you?
One of the perks of being a federal employee. If we even refuse a breathalyzer test from anyone for any reason, you immediately lose your job, and then work from there.... (3:44 Wow, where did you find that map? There are 3 states spelled incorrectly on it)
The Georgia supreme court only last year ruled that denying a breathalyzer is not an admission of guilt. I remember when I read that I was pissed that the courts had to decide that! How many innocent people where imprisoned because of this stupid law?!
Innocent? Ever hear of consciousness of guilty? That can be used against you! The very least, you will lose your privilege to drive and that's good enough for me.
@@rickuyeda4818 that is possibly the most myopic view I've ever heard. Did you even watch the video, in which it was explained why you shouldn't willingly submit to field breathalyzers? How should a LACK of breathalyzer evidence be used to prove guilt? There's a reason the Georgia supreme court overturned this stupid law!
Under Arizona’s Implied Consent law A.R.S. 28-1321 a refusal of breathalyzer, blood, or urine tests subject to Arizona DUI laws results in a one year suspension of driving privileges.
Take my license! I can ride a bike, skateboard, rollerblade, unicycle, Uber, Lyft, electric scooter, walk, bus, friends/family rides, etc. You want me to blow into a machine, then you need to get a warrant!
In Australia you cannot refuse a breath test on the side of the road. If you return a positive result you are then required to take the test at the station. You cannot be charged based on the first test. Here the police can pull you over for a license check and breath test at any time if you are driving.
I thought you had a choice between the breath test and a blood test. It was always my strategy that if I was very slightly impaired, waiting to go to the station and then insisting on having a blood test at a medical facility would give my body time to metabolize enough alcohol to pass the test. I mean if you’re drunk just take your lumps, shouldn’t be driving anyway. But a couple of beers can get your license pulled and an extra hour could make all the difference.
Breath vs blood post-arrest gets even more complicated. Every state is going to be different. In Virginia, you don't get to choose. The officer "shall" take you for a breath test, unless it's not available, you're physically unable to blow, or he suspects drugs.
@@jonathanhains814 you can’t refuse a test to determine alcohol level or your license will be taken away along with other penalties. My point was that I thought you had a choice in which test to take.
Blood tests can also totally screw you over if they decide to also charge you with DUI drugs. It can also take MONTHS to get back results, screwing you at work and racking up lawyer bills.
When you get a driver’s license in South Carolina, you give implied consent to law enforcement to administer a roadside test for alcohol if they suspect that you are driving under the influence. The test may take the form of a breath or chemical test (usually administered at the station). Refusal is an automatic six month suspension. However, road sobriety tests are voluntary.
"In Florida, refusing to perform a sobriety test based on suspicion of drunk driving is not against the law but can lead to a misdemeanor charge, a license suspension of up to one year"
I failed two roadside voluntary sobriety tests (in VA), after getting pulled over for minor violations. I admitted to having some drinks, but did actually feel fine to drive personally. Upon failure of test by their judgement, was told they believe I am drunk and can take a breathalyzer or get arrested. I agreed to breathalyzer, and passed, which seemed to annoy the cop. Happened twice, and both times right at the limit. Either got lucky or know my limits well. But I would have done things differently now, according to some of the advice on this channel, and remain silent. What about refusal to do the physical and verbal test?
I read an article once that stated that over 90% of judges pulled over for suspicion of DUI refused FST and roadside breathalyzer tests. There's a reason for that.
If you are trying to imply guilt, I would like to refer to you the 5th amendment and also that everyone is presumed innocent until proven guilty in a court of law.
He's implying they know their rights and exercise them. The 10% is probably the people who know they have done nothing wrong, and feel it's easier to go along with the tests than exercise their rights due to time/ convenience. Even if you've done nothing wrong, and haven't consumed alcohol, it's very inconvenient to argue with cops on the side of the road, be hand-cuffed, placed under arrest, perhaps have your vehicle towed, just to go take the station test, when the field test will likely show the same thing. @@alexm7777
@@alexm7777the implication was that the judges know the law and how court works. Follow their lead.
@@alexm7777 If you are trying to imply that Circles are better then Triangles, I would like to refer you to Hexagons. For everyone knows that Hexagons are the bestagons.
Why isn’t it 100%?
There's a trick with a handheld breathalyzer that is commonly played on a driver. If you blow twice, the alcohol in your breath from the first blow will linger and when you blow the second time, the two amounts of alcohol combine. You only need to blow once. If an officer says something like, "I didn't get a good reading, could you blow again ?" , refuse. If you weren't over on the first reading, you weren't over. Your done.
At least half cops are corrupt and will do ANYTHING to get a charge, court pay, etc.
Just refuse
Ask the cop to blow until he gets a " good reading", then you will blow afterwards.
Or you could just refuse the test and force them to arrest you to get a real test…
@@broKen73484
No, you've agreed to submit to a test for intoxicants. You can always just say that you wish for a blood or urine test and refuse a breathalyzer test. They can't make you take a breathalyzer test, they CAN make you take A test. But yeah, the way it's worded in this video is misleading.
Back in the 90's in school they brought us to the station and a kid used Binaca breath spray on the table unit and it said he was plastered. I remember the officer was so surprised, he thought it was infallible.
"If you can't afford an Uber, you can't afford to go out and drink." You ROCK! :-)
... But you can afford to drink what's already at home :P Man, I'm glad I despise alcohol as a drug lol.
Which is one of Oregon's dumbest laws. We have very strict DUI laws but also banned Uber. Most taxi places won't even come out to where I live. My mom before she passed needed wheelchair access for doctors appointments so she needed a taxi with wheelchair access and even that was like pulling teeth because we are just barely over 15 miles out of town. It also cost roughly $50 out of pocket both ways. Not condoning drunk driving. Just saying that some states if they really want to stop drunk drivers should probably change their laws. There's so much more to be said but in Oregon for many people there is little to no safe option to go out and drink. Luckily for me I normally drink at home and anybody who comes over is more than welcome to sleep at my place and I'll even make ya breakfast. 😄
That gets a solid "Amen"
I am just gonna say that surge pricing can really mess this up. I had a friend who ended up sleeping in his car because of this. He checked the appropriate price of an Uber home before going out and it was $40. When it came time to take the Uber home surge pricing meant it was over $300, which he couldn't afford. Fortunately he was responsible and don't drive, but plenty of people would make a different choice.
@@PsRohrbaugh be careful of sleeping in your vehicle while drunk in winter. Family of mine got a DUI for sleeping it off in the backseat with the car on for heat. He was clearly trying to be responsible and they punished him for it because of a technicality.
You actually make issues regarding the Law interesting & fun.
Isn't the law ALWAYS interesting? Haha. I'm a nerd, I'm told
@@Andrewflusche what about mouthwash that contains alcohol.
@@Andrewflusche I feel you man. I fell in love with the law as a CID Agent in the Army but left LE because most cops don't care about the law and get offended by people invoking their rights (funny enough military LE is totally different with that and generally don't get that way)
I have kids so law school isn't an option. 😔
@@Andrewflusche I really enjoy your videos. It would be great to see you actually in court. Too bad I am in California. I would never consent to anything in CA . Cops are born liars and the Supremes affirmed that right.
@@Andrewflusche do you know any good lawyers here in michigan if needed.Thanks
My buddies and i went to Spain for the running of the bulls festival. We had our friend Willy drive us back to the hotel since he had nothing to drink. We were pulled over, and Willy was told to blow in the handheld version breathalyzer. After; the officer said (in Spanish,) you need to go back to town and have a few drinks; you have no alcohol in your body, that's no way to experience this festival.
If this was the states I would say trying to set him up
I'm from Spain and that is true
Lmao too funny
Field sobriety tests are nearly impossible for most stone cold sober people to pass. The subjective way they are explained to the suspect and the subjective way they are scored stacks the odds against the suspect. I have never seen taking a FST help anyone except the law enforcement officer. Great video! Keep up the terrific work!
I have one anecdote to counter this claim. I had a friend in HS that had taken a single shot of liquor before leaving to drive home. He was underage. Being a teenaged idiot, he drove through his friend's yard on the way out to troll the buddy. A cop saw the whole thing and immediately pulled my friend over. My friend refused to blow knowing that ANY alcohol was illegal for him to consume and that he'd almost certainly blow more than 0. The cop told him he had to do a field sobriety test, failed him, searched him finding paraphernalia, and my friend ended up getting DWI + possession of drug p.
In court, his lawyer argued that my friend had, in fact, passed the field sobriety test. The judge watched the tape and agreed. All charges were dropped (the possession of drug P was dropped as the search was no longer legal).
So, the lesson from this case is that you're right that the test is subjective and that the cops can read whatever they want out of the results, but at the end of the day, taking the field sobriety test CAN help you if you can afford a good lawyer, and get a fair judge. It also helps to be an elite and highly coordinated athlete :P.
I should probably tell you I have never been given a field sobriety test when I had not been drinking.
Which, I'm not disagreeing with your statement either.
Naaah not true! with exclusions and its subjective. Most normal people of the unintoxicated variety can pass the tests to an acceptable level, foot went off the line while doing heel toe to 10, not really a big issue, you count to 30, that might be an issue, you almost fall over, possibly an issue. Not many folks can say the alphabet backwards smoothly but can you do it without falling over.
Wrong! When I make a closing argument to thr jury in a DUI case, I will replicate the tests, not to show I can do it, but to mimic what thr officer testified he told thr driver to do. (But of course we do it to show we can do it). Ive never fallen over over, touched my forehead, or missed my finger touch. So you're absolutely wrong thar no one can do it.
@@ms.annthrope415 thanks for your response. Perhaps you have misread my comment. I’ll leave it at that.
At the roadside, abide by the three magic rules:
1. Shut up.
2. Shut up.
3. Shut up.
On precisely how to STFU, you say this and nothing more: “Officer (or deputy), I understand that you are just doing your job. However, I have been advised by my attorney not to answer any questions from law enforcement without legal counsel present.”
Until #4. "I do not consent to any search"
CALIFORNIA: The desktop breathalyzer test is the one that can be used as evidence of your guilt in your DUI case. A roadside breath test prior to arrest is optional. The law allows refusal unless you are under 21 years of age or you are currently on probation for a previous DUI.
Michigan is automatic 1 year suspension for refusing roadside test
im glad youre making these videos you are good at it and i love watching how you interpret the law
this should have 88 million views, not 88 thousand. This information is so invaluable.
I got a DUI sitting on my porch . I had been drinking but I had not driven since I got off work. Cop walks up arrests me. Takes me to jail where I refuse to blow. I hadn't been driving so why should I blow. Lost my license on the spot for a year. Went to court and the case was dropped due to the fact that they had nothing but the suspension was still active. I told the Judge that since the case was dropped the suspension should be dropped too, he said no. No one had seen me driving because I wasn't. When I asked the Judge why had I not been given due process to take the license he threatened me with contempt. Legally they had to give me due process but they didn't. That's a violation of the federal and state Constitution.
"Due Process" is not guaranteed. Check out "Red Flag" laws, where any bozo can turn you in for anything, without your knowledge. Happens when someone is anti-gun and knows you have a gun. They can call the police and lie about you and your mental state. You can then be hauled into court, where you must prove yourself innocent, rather than have them prove you are guilty. Unconstitutional? Sure, but it still happens. Don't tell me that Justice is Blind!
In New York I believe refusing a roadside breath test (PBT) CAN result in license suspension if the officer pulled you over for any other traffic infraction OR has reasonable suspicion of DUI. And the refusal can be used against you in court if charged with DUI.
This made me curious. If you refuse roadside tests, then it's an almost certainty you will be brought to the station for the "real" test. In this case it would seem that they will transport you and most likely impound your vehicle. If you are found to be not at all intoxicated (no DUI or DWI) and are released without charges, will they release your vehicle, or would you have to pay impound fees? It would seem that even if you're sober and have to pay to get your vehicle back, then you're still being punished for refusing the roadside test.
That's an outstanding question, I would imagine if you're not in a parking spot / parking lot and are at all in the travel way, you're getting a hook. Big cities sometimes have their own wreckers but most rural places use contract companies so there will be a cost at least for towing.
@@wjg4877 That makes sense with being out of travel. I certainly expect cost associated with towing, but even if the individual is as cooperative as the situation warrants and is still taken to the station, it would seem appropriate for the impound to be treated like validating parking and the city/county/state would have to eat the cost, but I have little doubt that doesn't happen. in fact, it is most likely that the only way to recover impound fees would be through court, and it may cost more to try recovering the fees than to just pay and move on...but then again, isn't that how most traffic ticket fines are structured anyway?
Your gonna pay to get out of jail possibly,possibly have to hire an lawyer and definitely gonna pay to get your car out even if you win in court you're out that money call an Uber be safe
It is all about revenue generating
The police WILL charge you with SOMETHING even if it's false their goto is resisting arrest. There is no way to prove you didn't and it gives them justification to make you pay the fees.
In Ca. you can refuse the pre-arrest (PAS) test if you are over 21 and not on post DUI restrictions, but you must submit to a test after arrest. However, you have your choice of blood, breath, or urine tests. If blood and breath tests are not readily available you have to take a urine test.
Most excellent, thank you for pointing out which states can/can not refuse roadside breathalyzer tests. Of course, if you can refuse roadside breathalyzer tests, you can refuse all roadside tests of any nature.
@@thomasryan2679 I'd hire this attorney in a hot second on anything criminal or rights related. OH, why don't you just CONSENT to everything and see what happens. Enjoy your horizontal gaze Nystagmus test. Hee hee hee.
Kudos for covering multiple sides of this issue -- when you should consent, when you can refuse with few or no legal consequences, and when you should refuse.
I was once arrested by a Texas Highway Patrol officer for DWI who followed me from the bar to the gas station down the road (to be fair, yes, I had been drinking). He told me on the way to the jail (he was kind enough to let me sit up front and BS with him) that my driving was fine, he noticed my tags were expired. I'd just gotten them that day and had forgotten to put the new tags on. He also mentioned he followed me from the bar so he assumed I'd been drinking, even though, again, admitted my driving was fine.
He pulled me over about a year later for my high beams being on and apologized for arresting me.
He could've just not followed me or left me be, but at least he was incredibly nice about the whole situation...
That's a few thousand dollars I'll never get back though.
Don't drink and drive, kids. It's not worth it. I don't particularly care about your life, but I'm letting you know it's very expensive if you're caught.
That's my Ted Talk.
Average DWI in my state is $14,000, so more than a few thousand, but don't drink and drive.
REAL ADVICE: *T0 Avoid Vehicle-Impound When Jailed!* i've faced this situation since a youngling Driver. - **NEVER-Ever pull over on 'side of road'**(If possible) *Always*, pull off into a 'public' parking-lot (Corporate property :/ ). Remember: DO NOT PANIC when u see them Lights, you *are* allowed to drive 'a reasonable distance'; *just BE SURE TO GIVE Good Signaling to officer* -Acknowledge Your Cooperation-. & DO NOT *increase speed*! (ie. responsive signaling/hazards-lamps or just stick ur hand out window with a biker's 'hold-short' type signal).
(edited 4 typos & P.S.) -Afterall, u do NOT want tp interfere with public-traffic-flow etc, right ? ;) *cough* ;)
Do realize that a few years back a couple attorneys made headlines by demanding during discovery the calibration codes of the station breathalyzers. The manufacturers of these machines claimed that this was their trade secret property and a judge agreed with them. That voided out a few court cases, so now most states will do the handheld on site for breath and then when they arrest you take you in for a blood draw at a hospital. I still agree with Andrew to refuse the roadside if your state allows that and to demand a blood test if you are arrested and damn certain you are not drunk. Even then please realize the cops will tow your car and you will be sitting in jail and need to pay for a lawyer. If you expect the cop to ever suffer for putting you in wrongfully, just realize they get away with shooting unarmed people all the time. Do you think the court gives a shit about your car getting towed?
@@thomasryan2679 Nick is correct in everything he said. Just because he's right and you don't agree with him, doesn't make him "Andrew's lover". Take that police-state mentality somewhere else.
@@thomasryan2679 "responsible" "routinely" - sincerely, Not Andrew or Basicwizz lover
You can refuse anything
@@thomasryan2679 Considering how many times dirty cops make the news and the fact the rest of their department covers for them and stays silent, I challenge you to prove any given police agency is responsible
@@optimusprimer4392 And the DMV immediately puts you on suspension along with the penalty if convicted being higher. So yes you can, but not without consequences
States where you DO have a penalty for refusing the roadside breath test. 4:57.
Navada, Montana, Nebraska, North Dakota, Michigan, New York, Conneticut and Rhode Island.
Very interesting info, I didn't know you could refuse. Makes sense that the station is the more accurate one, that is also calibrated whereas the field unit probably isn't.
Roadside field sobriety tests are nothing more than a tool that the investigating police officer uses to gather evidence for his case. If a police officers asks you to do one of these tests he already made up his mind that you're impaired. In order to bait you to take the test they will often deploy the "you're probably fine and will pass it, so let's conduct some basic tests so you can be on your way." People often make the big mistake of doing the field sobriety test and failing miserably and then panic and refuse to take the test at the police station. It's already game over. Just don't drink and drive.
In my experience, the PBT (Portable Breath Test) units are extremely accurate. Which isn't very surprising, since it is not a complicated instrument. They just aren't admissible as evidence in a trial since they are not "certified".
They are a useful tool, however, for investigating possible DUI, and in many cases a PBT will actually exonerate a driver who is under the limit, and let them and the officer get on their way.
So if you know you're over the limit, taking a PBT will not help you get away with drunk driving, and you should follow this lawyer's advice. But if you know you only had, say, one beer two hours ago, then a PBT will demonstrate that you are under the limit, even though you may reek of alcohol because some clown spilled their drink on you.
@@indianapolisindiana7856 Be VERY VERY careful with the PBTs In Georgia they are know to amend the charge to DUI DRUGS when you blow negative. Then you will be charged and it will take MONTHS to get back the test results with THOUSANDS of dollars spent on lawyers and having your life turned upside down.
@@bindingcurve : Indeed. Georgia is about as f*ç&ed up as it gets when it comes to falsely accusing people of drug crimes.
"Woman jailed for 3 months after cotton candy falsely tests positive for methamphetamine":
ruclips.net/video/lIkuwd0tzpw/видео.html
Steve Lehto -- "Woman jailed for cotton candy but *_can't sue":_*
ruclips.net/video/WcclMIRtOcM/видео.html
@@bindingcurve yay land of the free,so they say anyways
Thank u sir….thanks for serving ur country and now u finish ur career as an attorney…
I do love the finishing statement "Remember: If you can't afford an uber, you can't afford to drink".
Really good statement Thanks!
Better yet if i drink ima be walking home or longboarding home
Why spend extra money on something i dont need when i can safely walk
I never thought an attorney can actually pull-off law and legal matters and turn them into comedy. Brilliant! 👍
Which part was comedic to you?
Thanks for this video, but if you would please let me know if I misunderstand this: In many states you are not required to submit to field sobriety tests including a breath test. Implied consent does, however, allow for administrative penalties and in my state refusal to comply with any field sobriety instruction can result in loss of license for a year. Not complying is not against the law but in the end it hardly matters. No license for the non-compliant.
Implied consent doesn't apply until you're arrested in almost all the states. So no penalty for refusing roadside tests
It's way easier for your lawyer to handle a case where there's no evidence besides your refusal of all tests, than one where you were documented in many ways to be under the influence. IE the administrative penalty for refusing the test is easier to counter. So do that unless you're clean. Source: My lawyer during my one and only DUI (which I only got because my headlight was out, he was literally going the fuck around me after observing me a while, before he saw the light out...).
Very unlikely. Which state is that?
In Kansas in 2006 I was detained at a checkpoint and had no idea what my rights were. They asked me to step out of the car I thought cooperation was the best bet. They had me do all the counting in the ABC’s in the walking in a straight line. I passed all of them just fine yet they still told me to blow. Of course we shouldn’t drink and drive but even if you’ve had a couple and feel fine they will get you. Know your rights people
How do you know you passed all the tests? Do you see a video of it when you got sober?
Love your videos dude!! I send a lot of them to my wife and son even though we are in Arizona.
I'm not a drinker but do have a question (never been pulled over for anything in 50 years). What are the steps during a possible DUI stop? If you HAVEN'T been drinking at all do you take the breathalyzer or ask to take the test at the police station? Do they do the Field Sobriety Test first and then the breathalyzer to confirm the FST? The reason I'm asking is because I'm 69 years old and not sure if I could walk the 10 steps, recite the ABC's backwards or touch my finger to my nose while my eyes are closed. What happens if you pass the breathalyzer with no problem...can they ask you to do the FST anyway? If you refuse the breathalyzer and ask them to take you to the station what happens to your car? If someone is with you can they follow you to the police station? If there is no one with you do they just leave your car on the side of the road or in a public lot exposed to damage or theft?
I'm with you. I don't drink alcohol, ever. But I'm 71 years old with several injuries to my legs from sports. There is no way I could pass those Field Sobriety Tests. I'd refuse the tests and then I would invoke my 5th Amendment right to remain silent. If they think you're impaired, they're going to arrest you no matter what. So I would not give the police any more evidence by taking the tests that I know I would fail.
I'm with you. Don't drink, don't do ANY drugs. I guarantee I could NOT pass the FST. Not sure I could say the ABCs forward let alone backwards. Heal to toe? Not happening. Standing on one foot? Haven't been able to do that in almost 50 years. I live in Michigan. What trouble would I be in if I refused a FST??? If I took it the officer could testify that I failed all parts of the FST.
Apparently in Michigan you can refuse the Roadside test, but it results in a $200 fine.
This is true, it's a 200 dollar non criminal civil infraction and not considered a traffic violation. No points and cant be used as any conciousness of guilt in court. Michigan DUI lawyers still generally recommended to always refuse this test, the 200 spent is well worth it when it gives the prosecution less to work with and your lawyer more to work with. 200 is going to be a drop in the bucket anyway when it comes to fighting your case win or lose.
I knew this cuz of my uncle lawyer Richard Nelson. Refusal is only 1 year Suspension from DMV not Criminal Courts. So it’s not on your record. You can also get a “hardship license” to go to work and school. Always Refuse
Good. You finally got in all the caveats. Subscribed.
Thanks for subscribing! There's virtually no clear answers in the law, unfortunately.
@@Andrewflusche "It depends..."
Unless you have a CDL...
@@randomstuff1019 You don't have to take a roadside breathalyzer if you have a CDL. I'm not sure what you are talking about. You can't refuse the breath test at the station and keep your license.
@@mehardin As part of the Uniform Commercial Drivers License Act:
Disqualification-Grounds for, period of-Records.
(1) A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department pursuant to [...insert your states code...], or if the person has been convicted of a first violation, within this or any other jurisdiction, of:
(a) Driving a motor vehicle under the influence of alcohol or any drug;
[...]
(e) Refusing to submit to a test or tests to determine the driver's alcohol concentration or the presence of any drug while driving a motor vehicle
You're doing a great public service here, sir. Thank you!
If you refuse the roadside test, I'm guessing in many large cities your vehicle would need to be towed. If you pass the breathalyzer test at the station, who's responsible for paying for the tow and any damages to the vehicle that might occur during and after the tow?
Well in that case you have to deal with the towing company and hire an attorney to help you file a lawsuit against the towing company and perhaps the police. Or you just might have to file in small claims court yourself against the towing company. And who knows perhaps the towing company is backed up and your car will still be there on the side of the road when you get back
If the officer's actions were reasonable (even if you were NOT drunk) then you are stuck with the tow.
If you refuse, the cop may still have probable cause to arrest yiu and tow your car. Ad driving, odor of alcohol, fumbling when trying to find your license and insurnace, slurring of speech, your field sobriety tests (finger to nose touch, straight line walks and turn, etc.,) so even if your refuse, he still has probably lying cause to belive yiu were under the influence of alcohol while operating a vehicle.
@@theprof73 Officers’ actions are never reasonable
Who’s to say the driver wasn’t high too. If you blow low on an alcohol test, a blood test is usually asked for.
If a cop doesn’t ask for a blood test, he’s not that smart.
The best way to beat a DUI is get a cab.
You'd think so, but sometimes you'll get hassled for trying to do the responsible thing:
ruclips.net/video/GQmohtO5m6s/видео.html
The best way to be the DUIs not to drink in the first place.
@@bobbyhempel1513 or not to be born--following the constant victim blame of a system set up. How about public transport that is available in many countries for such cases? Oh, never thought of that did you?
@Darren Walter you assume the DUI investigation would correctly find you guilty. But as pointed out, you could easily fail a DUI without a drop of alcohol in your system
But the DWI task force hates that. I saw a police spokesman complaining about Uber and Lyft reducing DWI arrests a few years.
Good video. The problem is that you can be completely sober and tricked into a false charge. Lose your balance trying to walk an imaginary tightrope...jail. I don't practice circus acts. When exercising your rights is seen as suspicious, we have a problem.
They LOVE to arrest for DUI drugs. It screws people over even IF they are found not guilty. And if they do the tests PERFECTLY (and they don't track when the full protocols are NOT followed, which by anecdotal evidence may be most of the time), they are wrong 15% of the time.
The breath test may be required, but I don't know any state which can compel you to do "roadside sobriety tests". Don't. You won't 'pass'. You can only lose. Any stumble gives them an excuse, without proof, to act against you. The result of those tests are 100% the cop's opinion. It's completely subjective.
Due to injuries from a previous assault I sometimes start to fall over when I'm just standing, or I weave a little when I'm walking. It's a crap shoot if I could pass their field tests.
@@matthewk6731 Don't take the field test. If you must test after arrest, make sure it is calibrated or blood work. But don't take field motor coordination tests.
@@matthewk6731 The odds are much more favorable in a crap shoot.
In the spring of 2011, a Doña Ana County Officer In Las Cruces New Mexico charged a driver with Aggravated DUI for refusing the field the sobriety and breathalyzer tests. The driver was sitting in a legally parked car outside of a nightclub after 02:00 am waiting for a friend. The driver’s lawyer had the case dismissed due to an improper stop (no probable cause to approach the parked vehicle), but beyond that, it appears common place to arrest and charge citizens with ADUIs for refusing roadside tests in NM. In this case this driver was not offered a breath or blood test at the station.
I’d love your thoughts on georgias DUI Less Safe law. I’ve personally had friends arrested for blowing a 0.02 under the new statute and the law reads that officers can arrest you now solely for suspicion of DUI regardless of BAC.
In the UK if you refuse a test you are arrested and charged with refusing to give a breath sample, the outcome is the same as failing the test usually a years ban and a substantial fine. If you can show a medical reason for not taking the breath test you will be taken to the station and where you have to give a blood sample.
I was so confused initially when looking up what it's like in my state (Oregon). I always heard you couldn't refuse a breathalyzer in Oregon, but what I didn't know was that apparently Oregon doesn't even use roadside breath tests, so you'd only need to take a breathalyzer after you're already arrested. I don't know how true that is since I just read about it, and I've never been pulled over under suspicion of DUI, but it's pretty cool we don't do roadside breath tests if true.
In Colorado if you refuse a blow test that's an automatic classes, losing of your license, and interlock for 2 years plus SR22 even if your case gets dismissed and you have no DUI.
I don't drink and drive. Should I refuse even if I haven't had any alcohol in over a week? Is there a chance that the roadside test is so inaccurate it would show me over the legal limit?
In Massachusetts my wife refused a breath test the registry's of motor vehicles took her drivers license for two years. The court case got dismissed. No drunk driving is on her record.
In order to practically leave a social gathering/party where you have been drinking in a taxi, you have to arrive in a taxi as well. Otherwise, you have abandon your car and must make arrangements to retrieve it the next morning. Although using a taxi to go both ways may be a good idea, few are going to think that far ahead. And abandoning your car is why people don't call a taxi.
Then don't drink at the party. If you can't do that, get a taxi. Believe me. You don't want a DUI. Even the ARD program is a major pain in the ass. 3 months suspended. Blow and go. Probation. Fines. Fees. Embarrassment. Insurance rates skyrocket. The inconvenience of getting your car the next day is much more convenient.
@@TheAstilesus I agree with your comment. However, I'm just saying my comment is the reason why people drink too much at a party but still don't call a taxi.
Fair enough. I guess people have to discover fire on their own.@@igoski1582
During my years as a cop, I bought and carried a handheld unit. If I suspected a driver of being intoxicated, I would offer him the opportunity to do a roadside test. It was not legally binding, but gave me a better idea of the person's state. It was more so that I didn't have to unnecessarily arrest and transport someone to the jail for the official breathalyzer. If that was refused, the person was arrested on suspicion of DUI/DWAI and transported to the jail for breath analysis or blood draw. I never had anyone refuse, but I had a few people pass the test and leave the scene with a citation for whatever violation(s) prompted me to make the contact. If they refused my roadside test, it would have been a much longer night for them (and me).
That was my thought. You can refuse the roadside test, but that would just lead them to arrest you anyway. Perhaps technically they don't have enough probable cause for the arrest, but in my limited experience with courts, they generally give a lot of leeway to officers. Even if you take the time and money to fight it in the courts and win, what's the worst that will happen to the officer? You will still be out of the time, money, and hassle, with what to show for it?
Plus, a record of arrest would be hanging over the arrestee's head. I have never been arrested, and don't want to be--EVER!
@@leecox1513 I don't think that's a big deal. Convictions are a big deal.
So what did you do once they passed the test at the jail? I am sure you apologized profusely and paid to get their car out of the pound.
@@hubriswonk never had that happen. In my experience (and this should NEVER be seen as a reason or excuse to drink and drive) the people who exhibit the symptoms of DUI are WELL past the legal limit, and typically blow into the integers long after being transported to the jail for the official test. Plus, I have been more (probable too much so) lenient than a lot of cops. I never made a DWAI arrest (.05-
Great video! (you always do a great job). So glad you brought up the issue of calibration of these breathalyzer devices. First off: NEVER DRINK & DRIVE, but if you do get into a situation like that, it is always a good idea to see when the last time the machine used for a breathalyzer test was calibrated. Not by the police, but by a certified testing lab. If you go to most of the manufacturers technical manuals, they always stipulate that the machine be professionally calibrated. A colleague of mine was once pulled over for speeding and the cop told him what he clocked him on radar at. My colleague responded by asking the officer when the last time the radar gun (may have been a laser, not sure) was calibrated. Officer gave him a verbal warning and off he went (slower).
You don't have to be drinking in order to be arrest for "suspicion of intoxication". Happens everyday that completely sober people are arrested and jailed.
Yes. A LOT of tickets have been voided because there's no proof of calibration. There's usually an electronic record on it. Without that there is no proof. Ta da. Now it's REALLY mandatory to calibrate at the start of shift.
In Michigan, the state considers refusing a roadside breath test to be a civil offense punishable by a fine of up to $150, along with other court costs. There are no other penalties for refusing the test. All licensed drivers in our state must submit to the test at the station as a matter of implied consent of obtaining your license. If you refuse, it is an automatic 6 points on your license and a one year suspension. This may be desirable as opposed to the thousands of dollars a DUI may cost in lawyers fees and a suspended license anyway.
Mr. Flusche, I have a question I hope you'll find pertinent and will address. I'm an Asthmatic and on occasion use a OTC product by the brand name Broncaid as emergency relief in an Asthma attack. The label states this product is 33% alcohol. It sprays into the mouth, enters the lungs, and relaxes bronchial tubes which allows a sufferer to breathe - a very good thing. Will using such a product cause a person to fail a breathalyzer ?
So that uses alcohol as a carrier, but the total dose has to be tiny, so compare the volume dose against 1 oz of alcohol. I would think a small fraction would be absorbed and the rest quickly exhaled. See what the dose is on the container or product data sheet. If you used it the breath before blowing into a BT machine, it might show a reading. I suppose you could stop by the local station and see if they'd let you try it if you're in a small friendly town.
@@wjg4877 , I asked a cop about that once and asked if I could try it. He said, "spray it in your mouth then drive down the road and we'll try it". Obviously he id not going to cooperate, just looking for an arrest to bolster his career.
In Massachusetts, you can only be penalized for refusal if you’ve already been arrested. If you agree to the station test, and are found to have an illegal bac, you get a 30 day suspension, for a first offense. The penalty for refusal is 180 day suspension for a first offense, but is better than giving evidence against oneself for DUI, I suppose.
Love your comment of "if you can't afford to get in an Uber, you can't afford to go out for drinks" (though I would also add Lyft, Taxi or have a Designated Driver as well)
as a part time Uber/Lyft driver, I can't tell you how many times I've driven someone home from the bar who says some variation of "I'm alright to drive, but I don't want to take the chance with cops". In my opinion, no, most aren't even close to being able to drive...lol
Rhode Island does now have a law penalizing (at the station)breathalyzer refusals. This used to be legal and a good way to beat a DUI but now it is considered a civil offense and you can lose your license for 6-12 months for a refusal.
In Missouri it's an automatic 1 year license suspension for refusing roadside breath test. However, if you're on your second DUI, you can loose your license for up to 4 years if any alcohol is found on your breath. I learn this from a particular family member. I don't drink and drive.
seems irresponsible to tell people they have all these rights when they actually don't
@@officekuroro What do you mean?
@@mds6387 in the video the guy says you can refuse a breathalyzer, but in reality, in many states, you cannot without horrible repercussions.
We had an attorney in Jacksonville get over 100 DUI convictions overturned when he revealed that the cops were not calibrating the breathalyzer properly or at the designated intervals. I think they haul one of those big ones around in a van and bring it when a cop suspects someone he's pulled over may be over the limit. In FL, refusal to blow is an automatic revocation of your license for a year. It says right on the front "operation of a motor vehicle constitutes consent to sobriety test required by law".
That depends on which tests are "required" by the law. That's not necessarily the same thing as what the cop will ask you t do.
Any questions about whether it's a contract or not still?...
My friend had to take the test three times. After he passed it two times. He failed the third time. When he went to court. His lawyer said the breathalyzer was outdated and the Judge tossed it out. What do you think about that case?
Giving him the test the second time tells me that they were fishing for an excuse to arrest him.
You only need to blow once. If you are under the limit, you are under the limit.
The one statement that you made that I agree with the most if you can't afford a taxi cab of some sort and you cannot afford drinking
I'm in VA. Two questions:
1) I heard you mention "21 and over". How do the rules vary for a 19 year old?
2) Can I also refuse FST (field sobriety test) without penalty?
FWIW, I rarely drink alcohol, but I could imagine a scenario where I'm tired and trying to get home and an officer may interpret it as "drunk".
Virginia residents can all refuse roadside tests without a penalty. However, if you're under 21, the standard in VA for drinking and driving is MUCH lower. If the police can prove that you've consumed alcohol "illegally" and then drove, you're guilty of "baby DUI." Don't drink a drop and get behind the wheel if you're under 21.
In California, the standard for a juvenile is .02%. Basically, if you smell like alcohol, you're done! Commercial drivers can't have ANY alcohol in their system.
@@Andrewflusche Yes my son got a 'wet & reckless' charge in CA for having less then 0.08 behind the wheel but being under 21 he's not allowed to have anything over 0.0
Had a DUI arrest in Florida. Refused breath test, even at the station. Said I was perfectly happy to have a doctor draw blood to test, but I was not going to take a test administered by someone with a vested interest in my failure. Was I going to lose my license for a year for it? Yep. But as my lawyer said, it was the smartest thing to do if there was any chance I was going to blow over the limit. Because a DUI conviction will also cost you your license, as well as give you a criminal record. But since they didn't have any hard evidence that I was over the legal limit, they agreed to plead it down to a non-criminal moving violation. Far better to cycle for work for a year than deal with all the other crap that comes with a DUI.
@@thomasryan2679 Honestly, I forget. It was like 15 years ago. Maybe a few hundred. At the time, the cop who ran the DUI class I had to take as part of it said that with DUI having an over 95% conviction rate, it meant they had a weak case if they plead it down.
Great video as always! Keep them coming please!
Here in the state of Florida it says on our driver's license. Operation of a motor vehicle constitutes consent to any sobriety test required by law.
Roadside tests aren't required by law.
I once got breathalyzed when I was 16. My friends and I had just gotten out of the movie theater and were heading back to my house. I got pulled over for a taillight being out. The officer asked me to step out of the car, told me she smelled alcohol, and asked me to do a breathalyzer. I have never had so much as a sip of alcohol in my life so I passed and luckily she let me go with just a warning about the light. Having just watched your video then I think it’s odd that she started with the breathalyzer.
Ya! I don't know why they don't just use the breathalyzer first, every time. All that dancing in the street and counting backwards seems like a waste of time if you can get the result immediately.
Different people also react differently to a certain alcohol blood level. A chronic alcoholic maintenance drinker can be way over the legal limit and drive very well, while a younger person would be passed out on the floor with the same amount their system.
"if you can't afford an uber you can't afford to go out for drinks." Well said!
You answered my question perfectly, and in my state as well. Thank you.
I got my DUI in 2007, and I deserved it. However the arresting officer categorically lied on the police report. He didn't have to lie. He had me. That's the part I don't get.
Its sad but there is no reason other than cops are liars, that's what they do, period
He didn't need to lie. But he realized it was a good opportunity to practice. So that he's good at it when it counts and he does need to lie. How do you get into Carnegie Hall? Practice.
It is an open secret in the criminal justice system that cops lie under oath on a regular basis. Not all cops, and not on all occasions. But it does happen on a regular basis. In most cases, the motive is to convict a person that the cop believes is guilty. It s a sad commentary on the motivations that are present in our system.
As near as i can tell you can't actually refuse roadside testing in Kansas with out risking a license suspension, but the officers are required to retest on the station machine post arrest if you fail, at least based on the info on the websites of what appear to be local DUI specialized attournys.
"If you can't afford an Uber, you can't afford to go out for drinks". Words to remember.
Whether its the hand held breath test or desk top it needs to be maintained and QCd.
Simple: refuse when you're drunk, accept when you're sober. Couldn't be easier.
🧠
🧠
Thanks!
Assuming you take the road test and it comes back positive, can you ask to be taken to the station for the more reliable test there or ask for a blood test? Thanks
If you take the road test and it's positive for impairment, you almost certainly WILL be taken to the station for further testing. Asking for a blood test gets tricky, and it's state-specific.
If it comes back positive I don't think they'll give the option of whether or not to go back to the station in the back of their car.
Okay, I was going to comment saying that a field sobriety test is required in Illinois because I thought I read that on their website. However, researching it further: it looks like that only applies if they find out you had too much THC in your system afterwards. If that's the case, your license will be suspended.
the 12 dislikes are from 12 cops who had people refuse their roadside tests! lol
Wow it went from 12 dislikes to 19 in 2 days, keep up the good work man. Dislikes means you got haters and if you got haters, YOUR DOING SOMETHING RIGHT! God bless and God speed brother 🙏 thank you for passing on your knowledge to help us.
Oh you already know lol
I attended a BsidesLV convention where there was a presentation about how they (presenters) concluded that the testing equipment is inaccurate based on how they measure alcohol and they were threatened by the companies that make the equipment to not release their findings with legal action.
The media/press were not allowed in the room and anyone caught with their phone out were kicked out immediately for the talk for obvious reasons.
Good video. I have one correction for you. In the state of Colorado, drivers under the age of 21 cannot refuse the roadside breathalyzer test. There is another fine point that is debatable. In Colorado law enforcement uses sobriety checkpoints to find drunk driver. They poke their heads in the car to smell alcohol or gauge your reactions. If they feel you are intoxicated, they will have you drive to the side. They then have the right to "detain" you under suspicion of possible intoxication. And therein lies the debate. The courts have come close to avoiding this issue and producing conflicting discissions. So, there have been some judicial precedence that indicates that the detention for suspicion is close enough to an arrest for suspicion. Meaning that the driver legally must submit to a breathalyzer test if his/her car is pulled out of line at a sobriety checkpoint. However; there is also some precedence (less and lower courts) that the driver still does not have to submit to the breathalyzer. But the lower courts held that the refusal of the hand held was ok but that a calibrated unit was not. With the penalties for post arrest (or detention) include 1-year suspension of license; requirement of special (expensive) insurance; ignition breathalyzer installed on your car and other penalties. Refusing the checkpoint breathalyzer may not be worth the risk of the mandatory harsh penalties.
Edit: I am not giving legal advice.
In the video he said that if you're 21 you could refuse in almost all states.
So I took that to mean if you're under 21 you probably "cant" refuse a breathalyzer.
Shiiiiit... full disclosure.
Was convicted of a DWI for blowing a .04 in 2000 when I was 18. Anything above is a DWI here in NC if you're underage.
Had a restriction once I got my license back that said I couldn't blow above .04? I think? Anyway, after having (hahaha seriously) two bottles of beer with dinner I was driving home and avoided some deer and wrecked. I politely refused the breathalyzer explaining why, got told I was gonna take it, politely but angrily told officer Scarborough that I wasn't then got slammed into his car and thrown in the back.
Then at the station I refused again (very not politely) and while still in cuffs got slammed into some filing cabinets. When I told officer Scarborough that I wanted a lawyer he said something like "which one? I'll call them for you." and Mark Chestnut was the only one I could think of at the time. He seriously called him on his personal cell. Thought I was fucked.
Chestnut told me not to do anything. Don't take the test. Don't say a word. We'd meet at county. He did and I was out.
Fast forward. I was so fuckin scared. Fuckin trooper called the guy I wanted to represent me FROM HIS PERSONAL CELL PHONE!!! They were being all buddy buddy talking and laughing together BEFORE MY CASE!!!
Turns out Chestnut is a fuckin savage. Blew my mind how quick he changed from friend to doing his job. He eviscerated that man. Had Scarborough stuttering.
Ended up getting charged with unsafe movement and hold no ill will towards Scarborough. I've cooked for him many times over the years and we're good.
Lawyer up.
If you blow a roadside breath test, you could really blow it. Cheers!
In NEBRASKA, the roadside Preliminary Breath Test (PBT) is *mandatory*. Refusal to take the breathalyzer test is considered a Class V misdemeanor with a $100 fine, and is probable cause for the officer to arrest you.
Asked this in probably the wrong video of yours; this seems a better place: If you absolutely haven't been drinking, can the roadside breathalyzers give a false positive? If so, how likely is it?
Late reply but it definitely can give a false positive. Iirc they can't be used as evidence in court for this reason. How likely it is? Idk.
Love the videos. Years ago I read a radar speed detector must be calibrated ever so often and there should be documents proving it. How can you be charged and fined for speeding if a possibly faulty detector is used? Wouldn't it or shouldn't it be the same in these cases with a breathalyzer? For purposes of talking about this and incriminating yourself, I have also been taught by a deputy sheriff driving don't need to answer any questions or get out of a vehicle unless ordered to. You don't need to perform a roadside field sobriety test. He said they are performing an investigation and you're not required to aid their investigation. Isn't performing a breath test providing evidence against yourself and aiding their investigation?
What about refusing to do the pet monkey song and dance tricks they want? In Kansas, I was pulled over after I had been drinking, but I knew I wasn't over the limit, so I told them to let me blow, because I refused to dance for them. They either didn't have a field tester, or they could tell I wasn't drunk, so they let me go. Didn't even get a ticket.
My local politician tried to "restrict" the use 9f random and targeted roadside tests. He and his family own quite a few rural pubs, they are almost their own mob family.
Hey wait, I've got a question...
In my younger, wilder days after I got out of the Army, I picked up two DWI's, at which point I basically quit drinking for a couple of decades or so. That was 32 years ago. These days I drink a little, sometimes a beer with lunch or dinner, but I emphasize that it's "A" beer. At about 270 pounds, that puts my BAC below .02 at 10 minutes after consumption. Even if I had a double shot of 140 proof liquor, that puts me at .05 after 10 minutes, though it's not something I do.
That's not my question. I just told you that so that you'd understand that I KNOW I'm not driving drunk. Ever. Full stop. So I know I'm safe.
Here's the setup for the question:
I developed the policy years ago that I would NOT do that "drunk dance" field sobriety stuff, but I WOULD take the portable breathalyzer test, because I know two things:
1. Even if I had a beer before eating, I'm well below the legal limits, and if I refuse THAT test and get taken to the station, I waste at LEAST an hour and my car gets towed. So if I can just blow in the portable machine and prove I'm sober, I can get on with my life right away.
2. If something goes wrong with that machine, if it malfunctions, I still have the REAL breathalyzer at the station to prove I'm sober.
As it happens, I've never had to actually put that policy into action, even when I've gone through a roadside checkpoint. Ironically, I've had drug dogs check my car, but never had to do the drunk dance, let alone blow into a breathalyzer, portable or otherwise.
Here's the question, and I know that you can't speak definitively for anyplace outside Virginia, but... Is that a wise policy? It SEEMS wise to me, because it's practical and I know I'm sober, but maybe it's not as smart as I think.
In Texas, they have no refusal during holidays, like Memorial Day, etc. any other time you can refuse
Don't drink and drive!, you could spill some...
I love your videos I think they're great they are informative and very entertaining which keeps the audience captivated in watching and you keep to the point of the question asked you answer it in a way that everyone is able to understand thanks again for caring enough to share your knowledge with the rest of us
As I understand, you CAN refuse (refusal) the test at the station, and you will lose your license. Are you advising people to give physical evidence at the station that can be used to convict them? I know some states can force a blood draw and, as you stated, some states impose penalties for refusal, yet isn't it wise to deny them evidence against you?
It's called the 5th Amendment.
@@johntracy72 Likely also the 4th against unreasonable search and seizure, but a little more of a gray area there.
But the idea is that you've already agreed to provide that potential evidence at the station when you requested a driver license.
One of the perks of being a federal employee. If we even refuse a breathalyzer test from anyone for any reason, you immediately lose your job, and then work from there....
(3:44 Wow, where did you find that map? There are 3 states spelled incorrectly on it)
Can you discuss if a DUI Suspect has the right to opt for a blood test instead of the breathalyzer?
I posted a similar question, very interested to see if we get any info!
Love the last comment - so different here in oz. RBT is standard and not optional.
The Georgia supreme court only last year ruled that denying a breathalyzer is not an admission of guilt. I remember when I read that I was pissed that the courts had to decide that! How many innocent people where imprisoned because of this stupid law?!
Innocent? Ever hear of consciousness of guilty? That can be used against you! The very least, you will lose your privilege to drive and that's good enough for me.
@@rickuyeda4818 that is possibly the most myopic view I've ever heard. Did you even watch the video, in which it was explained why you shouldn't willingly submit to field breathalyzers? How should a LACK of breathalyzer evidence be used to prove guilt? There's a reason the Georgia supreme court overturned this stupid law!
Thank you for empowering the public with knowledge.
Under Arizona’s Implied Consent law A.R.S. 28-1321 a refusal of breathalyzer, blood, or urine tests subject to Arizona DUI laws results in a one year suspension of driving privileges.
The portable test, or the test at the station? It sounds like the test at the station since it includes blood and urine in the statute.
In Missouri, refusal of the roadside test results in a one year suspension of your license.
Take my license! I can ride a bike, skateboard, rollerblade, unicycle, Uber, Lyft, electric scooter, walk, bus, friends/family rides, etc.
You want me to blow into a machine, then you need to get a warrant!
That's right. 4th Amendment.
In Australia you cannot refuse a breath test on the side of the road. If you return a positive result you are then required to take the test at the station.
You cannot be charged based on the first test. Here the police can pull you over for a license check and breath test at any time if you are driving.
I thought you had a choice between the breath test and a blood test. It was always my strategy that if I was very slightly impaired, waiting to go to the station and then insisting on having a blood test at a medical facility would give my body time to metabolize enough alcohol to pass the test. I mean if you’re drunk just take your lumps, shouldn’t be driving anyway. But a couple of beers can get your license pulled and an extra hour could make all the difference.
Breath vs blood post-arrest gets even more complicated. Every state is going to be different. In Virginia, you don't get to choose. The officer "shall" take you for a breath test, unless it's not available, you're physically unable to blow, or he suspects drugs.
@@Andrewflusche good to know if I’m ever in Virginia and foolish enough to drink and drive. Lol
@@johnscott2746 But once arrested you cannot refuse a blood draw, right?
@@jonathanhains814 you can’t refuse a test to determine alcohol level or your license will be taken away along with other penalties. My point was that I thought you had a choice in which test to take.
Blood tests can also totally screw you over if they decide to also charge you with DUI drugs. It can also take MONTHS to get back results, screwing you at work and racking up lawyer bills.
When you get a driver’s license in South Carolina, you give implied consent to law enforcement to administer a roadside test for alcohol if they suspect that you are driving under the influence. The test may take the form of a breath or chemical test (usually administered at the station). Refusal is an automatic six month suspension. However, road sobriety tests are voluntary.
"In Florida, refusing to perform a sobriety test based on suspicion of drunk driving is not against the law but can lead to a misdemeanor charge, a license suspension of up to one year"
I failed two roadside voluntary sobriety tests (in VA), after getting pulled over for minor violations. I admitted to having some drinks, but did actually feel fine to drive personally. Upon failure of test by their judgement, was told they believe I am drunk and can take a breathalyzer or get arrested. I agreed to breathalyzer, and passed, which seemed to annoy the cop. Happened twice, and both times right at the limit. Either got lucky or know my limits well.
But I would have done things differently now, according to some of the advice on this channel, and remain silent.
What about refusal to do the physical and verbal test?