This a a lot of information too late for me i blew a .11 and in MN the illegal limit is .08 I wish I would not have told the officer I had anything to drink unfortunately my friend in the car with me stunk like alcohol and she went to his window.
A few decades ago my brother was driving home after his second shift job. He was on a really crappy section of road with multiple potholes. He had to swerve to avoid them so he got pulled over. He passed all the tests so he didn’t get charged. Before the officer left he asked him if he had to swerve to avoid the potholes. The officer said he did so my brother asked him if he was impaired.
What happened after he said that to the cop? I'm assuming that he got mad at your brother for being a smart a** in the cops eyes.. In my eyes, that was awesome 👌
@@christianbustamante7488 Retired urban cop here. Got a call of some teens making noise at 2 am on the driving range of a PGA course. Female officer asked them why they thought they could be there. One of the lads responded, "It's a public course". I laughed my ass off. Hit the bricks kids. No golfing after 2 am. Take your beers with you.
I agree with everything. However, my friend was pulled over in November 2023 and charged with DUI. He was initially pulled over for swerving, and the cop said he smelled alcohol. He refused everything, even the breathalyzer at the police station. They told him he would lose his license for a year and would get other charges for refusing the breathalyzer, but he still refused. He went to court in May of 2024, and his DUI was dropped. He got his license back that day and had work privileges the entire time from the stop. I know the implied concent laws, but the cop was telling him all kinds of BS trying to get him to blow. I can't imagine it was because he didn't want to see him lose his license for a year. Like you said, the police are liars and will do anything to get you to incriminate yourself. This was in Ohio for what it's worth.
Thanks for making this information available. You're spot on and basically clarified my presumptions about DUI procedure, but it's really good to know that this is sound information that we can rely on. Hopefully people are smart enough to realize that they should follow your advice to the letter and exercise their legal rights to protect themselves. Good job!
I have a question. I never drink or use any drugs. I also know that in rare situations, the breath test at the station can give false positive. In my case, is it better to ask for a blood test? Is it will be far more accurate. The main reason I ask is, my sister and boyfriend have smoked weed in my car, also I do drive sometimes when sleepy
I've been telling friends and family for years to NOT talk to the police and DO NOT submit to field sobriety tests EVER. I have great respect for the police, but they are not your friends.
@fiosfiend that is inaccurate. There’s no pass or fail, they are looking for specific things That peoples body do when it is under the influence of alcohol or drug. If those things aren’t present they’ve got nothing. This stuff is all back by years of study and scientifically proven. So yes even at a couple drinks your body may not show those signs because of your weight, what you ate, how much sleep you’ve had and your tolerance.
@@Jesusisking24 Respectfully disagree. I have law enforcement in my family and some friends, they pretty much all admit that those tests are for gathering evidence.
Excellent overview of the risk of DUI with little or no reason other than an aggressive police interaction! As a physician I was always concerned about this after social, business, pharmaceutical education dinners and event consumption of alcohol without impairment! Now that I am retired I have less of these events and my wife and I can be our designated driver.
I was outside my car and it was on when the officers pulled up to me. They asked how my car was on and in the middle of eve street I’m pretty sure I told them I drove. I think they tricked me into telling them stuff when I was intoxicated. Will an attorney be able to find something that could help me. They also made me do a blood test. To my memory I couldn’t even think straight. I would have never done it sober or even told the officers anything.
Unfortunately, people watch this after it’s all said and done. Don’t make the mistake of putting your community and yourself in danger by driving after you have had a drink. Good video.
Police are a much bigger threat to your safety and the safety of your community than your average person traveling, per the constitution regardless. This thought that police have the right to exact justice at every turn is insane. Why do cops always say "they have the right" to pull you over and do anything they want, subjectively? I've never seen a cops bill of rights. The RIGHT to demand you obey another man?? That's cowardice to even entertain the idea of bowing to authority. You submit your will to another MAN? WOW.
@@ITrend17 Stop whining you puerile imbecile. Obey the traffic laws, don't drive drunk or like an a-hole. The tough talkers like you cuff up immediately and then tell the cop how you should have kicked their a$$. Fake tough guy.
Really great advice thank you! That being said unless you are a penniless illegal immigrant driving a car intoxicated without a driver license or insurance, drinking and driving is never a good idea.
Two questions : Why are law enforcement officers allowed to lie and get away with it but if an individual lies to them it’s against the law? If you are not under the influence of any substance, should you still refrain from submitting to the tests?
OK, it's actually NOT against the law to lie or say nothing to a Police officer, BEFORE you're arrested. This will, of course, depend on what state laws you have, (I'm using Texas State laws). I'm not a lawyer, so everything I say is what I was told BY an atty. and also by some retired officers and also on what I've read on our State Legislative websites. Texas is not a "Stop & ID state". In other words, they can't just walk up to you and demand your id, (actually they can try to, but you can't be arrested if you refuse). Now there's plenty of ways they can get around that, and they manage to get supported by prosecutors & Judges, (life sucks I know). As for the officers lying, that is granted to them under special circumstances. Under the Federal Miranda warning laws that give you your fundamental rights, (right to remain silent, & right to an atty, yada yada). Officers, when they detain and question you, can use manipulation to get you to "slip up" and implicate yourself in whatever crime their investigating, they can say, "a witness saw you there", or "a witness saw you do ...", or even "we have your prints/dna at the scene". The only proper protection for you is to stay silent and request an atty. Once you make that request, they must stop the interrogation. There is a youtube video on "10 techniques the police use for interrogation", it's a bit dramatic but gives good information.
its only against the law to lie IF you are under oath and that goes both ways. And if you truly are not under the influence of anything then you should never be asked to do tests..unless you are having a diabetic episode which are strikingly similar to being drunk.
I'd like to add that most people carry their driver's license in their wallets and are easily accessible. However, be certain to place your most recent proof of insurance card and your latest vehicle registration in an easily accessible, marked envelope in your glovebox. When you have to fumble around to find this info, officers will note this as a reason to suspect that you might be impaired. Also, what she states @17:48 is extremely important. Unfortunately, IF the officer asks you to perform a field sobriety test, he already plans to arrest you. These FS test are entirely subjective and are designed to trick you into failing, regardless as to whether you're actually impaired.
I'm always amazed when I watch RUclipsrs getting pulled over that they have no idea where their paperwork is. They start rummaging around for it and sometimes never find it. And today, the trend is to keep your insurance information on your phone. To me, that's a bad idea. I've seen people taking forever scrolling through their phone looking for their insurance. Keep all your paperwork in one location where you know where it is. When the cop requests your paperwork, tell him where it is and then ask permission to reach for it. And make no sudden movements.
I've been allowed to leave after a field sobriety test as has one of my friends. I felt like I passed with flying colors and my friend said she did AWFUL but was still let go because ultimately she truly wasn't drunk so I think the officer eventually realized she was being truthful. Same with me, because I'd truly only had 2 beers over the course of several hours and I'm a large person who's a heavyweight when it comes to substances. Just want to point out first hand experience that it's not a certainty that you'll be arrested if asked to perform the test...though if you know you are maybe a bit over the limit, definitely don't do it then! I understand though that if someone is bad at the test, even if they blow only a 0.02 they may still be charged with a DUI, which that is scary so I don't know what the answer is here except to literally never even have 1 drink when you drive. Just Uber or use public transit to be 100% safe from any LE who may be set on ruining someone's night/life/etc...
@@EastmanEditing , I understand that each person has to decide for themselves. In my case, I don't drink alcohol. Ever! But at my age, my balance is not as good as it used to be and I have bad knees because of old sports injuries. So, even though I don't drink, I wouldn't submit because I know I'd fail. It's my opinion that most DUI lawyers would recommend that you NOT submit to field sobriety tests. But you should do what your lawyer says. Those tests are designed for you to fail. And that gives cops more evidence to arrest you. And even if you pass the cops still might arrest you. If I get pulled over at night and the cop asks me if I've had anything to drink, I figure I'm going to jail. With my appearance, (long hair, ear piercings, facial hair) no cop is going to believe me when I say I don't drink and I won't do any field sobriety tests. I would strongly recommend to anyone that they consult with a criminal defense attorney, one that specializes in DUIs. I've watched a lot of RUclips traffic stop videos. And I'm always surprised at the misinformation that is posted by RUclipsrs who think they know the law during a traffic stop, but clearly don't. Many lawyers offer a free initial consultation. By consulting a lawyer, you'll know exactly what your rights are and how to properly behave to best protect yourself during a traffic stop.
I refused a breathalyzer and they took me to jail for DUI and threatened to draw blood but never did. How in god's name would they ever know if I was truly drunk?
💯🎯 Great advice! I've been pulled over so many times because I wasn't a good driver. Fortunately, they realized i wasn't under the influence but could have been arrested. I am so glad you stated you do not condone drinking and driving. But most people don't really know their rights and understand the process. This is the best video I've watched on the subject! ❤
Some towns do not allow Uber or Lift... drive a minivan or other nerdy vehicle and you'll never get pulled...You'll ride right past the guys in the sports cars doing the DUI test.... Use lane centering feature combined with adaptive cruise control on your vehicle. It will keep the car centered in the land and control the acceleration/deceleration and even stop the vehicle behind other stopped vehicles. (Yes, it pays to have a lux package on your car) Once pulled: delay, delay, delay. Most states have a 15 to 20 minute wait period before they can administer a breathalizer. If you cough or throwup during that time, they have to restart the timer. Fake throwup and cough in front of the cop cam.... If they viloate the wait period, the test gets tossed.
Here in our town, the state boys stalk the bar patrons. They wait until someone leaves and then pull them over for a burnt out bulb or any tiny little thing they can find wrong with the vehicle. The bars have been emptying for years now bc of them.
In wa state, if you feel that that you are too drunk to drive and pull over to sleep it off, do not have the keys in your posession...you are in physical control...i remember a motorcyclist, who was too drunk to drive pushing his vehicle on the side of the rode charged with physical control and arrested...imagine doing the right thing and still charged?
So my question is: Why do we give police so much discretion and power of testimony in court, when their position is so easily and commonly corrupted, especially when there is such a high incentive to produce convictions. For reasons not even in line with the intent of the laws them selves, and rather a monetary one as is is ever increasingly apparent.
@@Frank-DuxVanDamme ---Hahahah. No need to ask a judge, there are thousands of hours of body cam footage here on RUclips. You can see for yourself. Watch and you will see that police routinely lie to people they've made contact with in order to get them to incriminate themselves. So the reasoning goes....if they're willing to lie to get evidence against you wouldn't they also be willing to lie in their police report to better ensure a conviction? People drink and drive all the time. Most make it home just fine. I'm not condoning drunk driving, I'm merely pointing out that if you compare statistics of drunk driving deaths in countries with very little enforcement to the US with hyper-enforcement you'll see that deaths per capita are virtually the same. Conclusion? That hyper drunk driving enforcement doesn't necessarily make the roads safer.
@@Frank-DuxVanDamme YOURE MORE LIKELY TO SURVIVE A CRASH IF YOU ARE INTOXICATED.. LOOK IT UP.. MAYBE THEY SHOULD REQUIRE VERYONE TO DRIVE WHILE INTOXICATED LIKE WEARING A SEATBELT SAVES LIVES.. BEING INTOXICATED SAVES LIVES.. SOBER PEOPLE CRASH WAY MORE THAN INTOXICATED PEOPLE...
@@Frank-DuxVanDamme Simple reading will open your eyes. No need for aunt's sister. It's called 'research'. Maybe do some of that on your own instead of being spoon fed your news by social media. Google "Officer arrested for" and have news story reading for years. The results are accurate without anything related to drunk driving.
Also a reason not to talk is so they cant smell your breath and the reason you wait as long as you can to get a chemical blood test is they have to prove you were impaired at the time you were behind the wheel.. you readings will be different on the road vs 1 - 1.5 hours later at the station.
Somebody called in on me 1 mile from my house. 2 cops showed up and one asked if I would come out and talk. My fiance said go out and talk to him. The other cop ask her if he could come through my house to get to the garage. She let him in thinkin she was doin the right thing. Before I new it I was at the station with a refusel. Now my lawyer is fighting for me .
The attorney here did a great job but want to add more detail: If you get pulled over for suspected drunk driving you must give the officer your driver's license, registration and proof of insurance. The police will ask you where you are coming from or going to... DO NOT TALK TO THE POLICE at all and refuse the voluntary sobriety test and breathalyzer roadside. Police legally can lie to you, YES, that is correct. They can say you are required to take their test,, not true. The refusal for the roadside field sobriety test has no points or fines; however, the refusal for roadside breathalyzer is only a civil infraction of $200, no points. If you get arrested it is up to you to comply with what's called the 'implied consent' for chemical or blood test at the station. The police also must give you the opportunity to ask you if you want your own third party lab to draw your blood, but the police officer also will need to get the same. I recommend to do the breathalizer at the police station after arrested. If you refuse the breathalizer or blood then you can lose your license for a period of time, 6 points, fees & fines, and probably no jail time for first offense. A judge can get a warrant for blood or breathalizer if you refuse this at the station. Attorney may work out a limited license for you to drive with what is called an interlocking driving device so you can work,, shop, or pay bills. If DWI (DUI) A good attorney will break down the officers DUI training, ask officer, on the stand, to site elements for observing the field sobriety test if one was given then compare to the National Highway Institute for Traffic Safety Association guidelines and police policies . A good attorney will also look up previous police officer discipline to see if any of that can help your case A good attorney will in court give and ask facts regarding the stuff that the driver did well while driving, or at the traffic stop. Here's the thing... The jury needs to be instructed that it is not illegal for someone to drink then drive as long as you are not over the limit required by law. The police are NOT your friend! They want to make arrests! They don't care about your well-being they only care about theirs. DO NOT TALK to the police without your attorney present, and say that you do not answer any questions without your attorney present. The police do not have to give you your Meranda rights before you are arrested; however, they do need to read you your rights if they are going to ask you questions that can and will be used against you in a court of law. If you talk to the police they will quote your words in their citations and use all and everything against you in the documents and in a court of law! I hope some of this helps.
Good advice, your only point I totally disagree with is to take the breathalyzer at the station, NEVER DO THAT!!! It is ammunition for them , You can work out the license issue later. Every competent OUI Lawyer will tell you so.
@@gjpp3239 That’s very true. I had a friend pass the field sobriety test but refuse the breathalyzer. The prosecution didn’t have that key piece of evidence, a chemical test, to prove alcohol was even in his system - and his immaculate performance in the field sobriety test got his dui dismissed by his lawyer. My friend always tells me: don’t drive if you can’t pass the sobriety test. And if you can pass the sobriety test if pulled over, do it. And if you do pass DON’T TAKE THE BREATHALYZER!! It’ll basically be ur performance as your defense against the cops biased observations. Of course if you can’t pass it you shouldn’t have been driving. If you can’t pass it decline it and the breathalyzer, that’s your only shot.
@@mixgreenalien My friend just got lucky that’s all there is to it. I don’t recommend doing the sobriety tests at all they’re voluntary anyway. You have a better chance at a good defense without that evidence against you. Most people try to fight the results of the tests which is an uphill losing battle.
If you are drunk, do not take the breathalyzer test at the station. Refuse, take the year suspension. You don’t want that on your record. They will probably allow driving privileges for work. If not, drive anyway, but drive cool for the next year.
Everyone needs to excercise their rights every time they have an encounter with the police. If we only use them when we are guilty then excercising our rghts will be the same as an admission of guilt. We must use them or lose them.
The problem is marijuana takes up to a month to clear out of someones system, depending on how much that person smokes per day. So if some smokes on June 1st and is pulled over on June 10th, that person could still have marijuana in their blood depending on that person's metabolism. How would you fight against that and prove you didn't smoke right before driving?
I'm in this exact situation in Arizona right now. Got pulled over, just had foot surgery and guess I stutter stepped with my bad foot when I exited my vehicle. Was arrested and taken to jail where I was given a blood test. I smoked the night before...and took prescribed ambien. Am I fucked?
I bought a small alcohol test kit but stopped using it. Even drinking one beer the alcohol level would soar up to near .08. Anyone who drinks alcohol and leaves a bar is over the limit. I do like seeing the videos of police being pulled over and are absolutely smashed
There are a litany of foods and products that can spike your "mouth alcohol" to fat beyond legal limits. Roadside breathalyzer are inaccurate at best, and aren't even admissible in court yet they are grounds for probable cause? We have let this get out of control.
When they have quota's to fill and get a percentage of the fines , guess how that going to work out for you, they will sit and watch wait for someone drinking to leave, when you have a cab waiting for you, they will arrest you for pi cause they seen you in public drunk, small towns definitely count on the tickets given cause there's too much money involved, attorneys, cops and judges are all in cahoots, so most people will pay the fine cause it's cheaper than paying the bill for the lawyer, no win situation
Have so much to say but will go on a rant. I am 100% positive that I was used to meet quota. Meanwhile, this has drained my entire savings account, cost me my job because no one knew where I was for four days, and I never received a phone call, which is mandatory… I hate to sound like I am “blame shifting”. Ever since I got a bad speeding ticket that was able to be lowered, thanks to my lawyer and taking a bunch of classes, I have never gone five over the speed limit and never would I drive if I feel like I could not. I was pulled over on a holiday weekend… Stupid Canadian me forgot it was memorial day weekend… I drove an hour to the city and never been to for a first date… The bail bond person said that cops literally wait outside there to catch people leaving that place… Within minutes of leaving I was pulled over. My tail light was out. I literally had an appointment the next week to get it fixed. She asked if I had been drinking. I said oh yes, I am just coming back from a date and we just had a drink. Within an hour I was put in solitary for days, sleeping on a dirty floor with no water, no one came to check on me. I saw people through my little slot that looks like an envelope slot, but behind this big steel door that people were getting wheeled out in wheelchairs, who were totally fine the day before. It was wild. I was not allowed one phone call. I never was aggressive to those working there as I know better. I was only kind, calm, and compliant. The first thing the officer said who looked about 21 years old when I was being booked was how many did you get today. Also, there were some Senior people that came to check on us in the room because I know, for a fact, they felt something was going on. I would love to see body, camera footage, and CCTV footage of everything. I am so solid on the fact that I will come back for that when I have money to bring that stuff to light. It was wild and I was treated like I had murdered somebody. I was not even allowed to shower for four days and did not get any rec time. Also, I was told many times that I would get to see the nurse and she could give me my antidepressants that I have been taking for 20 years. I have the medication with me and my doctors number is on there, etc.… I felt like they wanted me to go insane in that small solitary space For days, not knowing if it’s nighttime or daytime. I asked when they think I’ll be able to make a phone call, and they said well we are really busy right now it could be until your trial date… That would have been almost 2 months away. Also, I could have bailed myself out that day. It was only going to be $200. The only reason I could not do so was because of that county, you need a cosigner or a witness whatever you call it to be there and then you can leave with them. Part of my poor grammar. I am talking to text. Last thing I want to say is that the officer put that it was an aggravated DUI. There was no one else on the road. I did not skip a stop sign or speed like she wrote down and said I did. After I asked her if I could see footage of that she Took off that I was speeding. I know that this will never work out in my favor and will be a waste of time… But I was an athlete for 18 years and Olympic bound, etc.… That was my identity and now this is the first thing that shows up. Lastly, lastly… The person that was my angel and came to my rescue told me that she never goes to this level of the prison and it is by the grace of God that she was up there that day and within 30 minutes I was discharged. Even she seemed flabbergasted. She was, the most high up there as well. I had bruises for days from sticking my forearm out that little slot. They never gave me my inmate ID number and even when I used it to call when I was getting out it was not valid. The Sgt. had to use her own way of me being able to call. Goes to show that, it was so corrupt in there. Also, I forgot to include the fact that… Probably saying too much… However, I also think that my treatment was in part due to the Sgt. that formerly worked in the county I live in who was found guilty via internal investigation for XYZ, domestic violence cases, and being sexually abusive and coercive… Forceful… Etc. My mom ended up being the whistleblower because she went through my phone… A year or so later I got this letter from the police department saying that he was found guilty and they were very sorry and that he was let go from that department. Lo and behold that Sgt. was now employed at the county an hour away at that exact jail that I was in. When I sat down in one of the rooms, the first thing one of the Young officers told me was how do you know Sgt. XYZ? Turns out they work closely with him. I have never been so scared to be so helpless in that cinderblock tiny, solitary cell in which this big big woman who was convicted of, serious violence, almost killing her partner again was shoved in my cell. I did a little research and I found out that there has been multiple times that people have died in this jail in unexplainable ways. Just a couple months ago, that underground dungeon I was in was shut down and they moved everything over. Wild. I feel like I could write a book on this I don’t have 4000 or $5000 to get my face off of Google. It is the most unfathomable experience. I think I’m still in shock nine months later. I just cannot stress enough how corrupt it was in there. I would be all for having that ignition interlock device in my car for two decades, rather than go through all of that, be $10,000 in debt and lose all my savings, etc.… Getting a job is a whole other story as I have my masters degree. The woman who pulled me over was genuinely out for blood is my point and where I was at is a very messed up county to be in. I am talking to text like I said, and I’m sure my vernacular is way off.clearly I don’t have money for therapy or help type thing… But it’s very shameful, disappointing, and the amount of hatred one has for themselves after this is extremely heightened, even if it was high before.
that is not all he smells...money has a strong smell to. the lawyer and judge may be pals and drop it to reckless that way the sky is the limit on the fine..
I just recently got pulled over for aggravated DUI I submitted to everything they wanted I wish I had seen this video beforehand because I did not know these things. I have a court appointed lawyer is that going to be helpful enough for me? I also lost my job due to being arrested.
What do you do if they imply that you refused all your testing but got rid of the body cam footage and are only showing Dash cam and the whole reason why they didn't pull you over wasn't turned in either
Pre arrest you are not required to take any tests - FST or PBT. Once you’re arrested and taken to the station, you are required to the breath test with big machine, intoxilizer 5000 usually, otherwise it’s a mandatory suspension
Invoke your 5th amendment right to remain silent and then most importantly, remain silent. Once arrested invoke your 6th amendment right to an attorney. “I want a lawyer” the four most powerful words when dealing with the police.
I have not had an alcoholic drink for several years and I do not drink, so I will not agree to a sobriety test. I do not drive while taking any medication that may cause drowsiness, etc.
It’s all bullshit. Impairment IS a case by case issue. If my wife has more than 2 drinks she can barely walk, let alone operate machinery safely. I however, am 50 and have been driving drunk since I was 15. Hell I’ve done most everything in life drunk or close to it: rock climbing, kayaking class 4+ rapids, construction work on 40 foot ladders for years and working on roofs. I can EASILY and SAFELY operate a vehicle, forklift, motorcyle, etc with 6-8 drinks in me. Yeah I hear all of you out there criticizing me. Fine. Whatever. What I KNOW is that I’ve been pulled over COUNTLESS times for speeding (cause I just drive fast) while drunk and NEVER failed a field sobriety text. I’m not trying to justify drunk driving per se, BUT, I am saying that for some people, (like myself) getting a dui for 3 or 2, or 1beer is ASININE! PURLEY FUCKING RIDICULOUS! For people like my wife, ok I get it. The problem is this whole zero tolerance with breathalyzer reading above a certain amount. The field sobriety test was fine for DECADES! And I agree with that! If I can’t do that then clearly my ability to safely operate a vehicle is impaired and I would submit to being fined a hefty amount and arranging transportation home and having to pay to have my vehicle towed. That’s punishment enough. HAVING MY FUCKING LIFE RUINED AND MY WIFE LEAVING ME AND GOING TO JAIL AND LOSSING MY FUCKING JOB?!?! FUCK YOU! This whole breathalyzer shit is a scam to generate revenue; pure and simple. (And no: I’ve never had a dui or a wreak). So yeah, go ahead and give me shit but think about it: was I just lucky for FIFTY FUCKING YEARS? Or maybe, just maybe, some people have a high tolerance and extraordinary dexterity and dimensional awareness than others? 🤷🏼♂️🧐
The law was .1 BAC in my state for a long time, then they lowered it to .08 back in the 90s, and I hear it's flat zero for CDL holders whether on the job or not, total bullshit. They pervert the pretext of public safety to create a tyrannical racket that takes your money, confiscates property and destroys lives while also making lawyers and other key players in the system rich. Same with the war on drugs. And the red light cameras etc. They're Johnny on the spot when it comes to ways to nail you for crimes they can profit from. But if your car gets stolen or your house gets burglarized, wait and see if the cops do shit about it. No profit for the system in that. BTW in IL about 10 years ago they passed a law that says they can seize a car for unlicensed driving.
You forgot to mention for behavior, driving at night without headlights, drunks forget to turn them on and don't notice that they can't see where they're going. Also, in FL if you refuse to blow on the breathalyzer you automatically lose your license for a year. It's printed on your license. It says, "Operation of a motor vehicle constitutes consent to any sobriety test required by law". The law should be that if the cop lies to you the evidence is not admissible. Even though I'm in FL, thanks for the video, I think I got the key points.
You can get a DUI in New Jersey without a vehicle stop. No vehicle needed ! Arrested on one charge ( minor/dropped) and charged with another that never happened. If you admit to one drink they will hold you for hours till blood content goes over limit. Heroes my ass. 47 years of driving no arrests/dui/insurance claims !
I looked it up for my state, and that doesn't apply to the roadside breathalyzer in my state, although it seems like they've gone out of their way to bury that fact. I'm not sure if Florida is the same.
But you should highlight that ".......test required by law" That the key part. Their's a catch 22, no law in the state of Florida requires sFST/FSE to begin with.
True statement - the law attaches when you operate a "motor vehicle" the question is - are you actually operating a "motor vehicle" ?? The answer is NO unless your using you automobile to make money on the roads. The term "motor vehicle" or "vehicle" are terms of art [read as - a term defined in law] and unless you are using your automobile in a manner regulated by your state you are NOT OPERATING A MOTOR VEHICLE and none of the "motor vehicle " statutes can attach to you simply because you are not operating a motor vehicle. Check out the federal defi edition of motor vehicle at 18 USC section 31. You will see that a motor vehicle is defined as being used for commercial purposes... since federal law trumps state due to the supremacy clause in the constitution of the United States - this federal definition is binding on all the states..
@@jth1699 Unfortunately, as far as I have been able to determine, that argument has never held up in any state in the US, even in Texas where driving with an open container of alcohol in the passenger compartment is legal - or at least it used to be.
What if you haven't been drinking? It seems like invoking you're right to remain silent will just escalate a normal traffic ticket into suspicion of DUI. I've been pulled over dozens of times and don't drink and drive, but never once was asked if I had anything to drink, but I did talk to them politely and honestly, and was let go for speeding offenses more often than not.
My ex got a DUI. He was on a new med for depression and had severe side effects that came on while he was driving. He was hallucinating. This was in allegan, mi. Everything was dropped after tests and doctors notes. He paid his tow fees. SO GET THIS, a year later a state cop comes to the door looking for him. He was at work and I called him and he goes Tracy are you playin me. That state cop came to arrest him for the year before from that DUI that was dropped!!!!! We had to get a lawyer and fight this all over again!!!! It’s like the court was broke and decided to go through old files to see what they can charge again. Til this day we are still shocked! We hardly ever drink and we don’t drive if we do. So people read your prescriptions and just because you think the case is closed, not always. I watch a lot of body cam videos and wanted to see what laws are here in MI. Great video!!! You need to make more.
@@MadanaHurmozguess I’ve been watching too many dui bodycam videos bc this just came up on my recommended list, great info especially about not being a jerk!
Every state seems to have different laws and this video being five years old may not even apply to Michigan laws any longer. I know folks here in NYS that have been emphatically told by cops when pulled over that failure to submit to FST’s will be an automatic DWI arrest. Don’t know if that’s true but I’m going to ask a LEO friend about it. Also heard a story about a guy barely cracking his car window and sliding a ziploc baggie on a string out containing license, reg, insurance, AND a note saying he’s been advised to exercise his right not to talk. Then he quickly put the window back up. Supposedly once the paperwork was verified & returned he was told that he was free to leave. Not sure about the truth to that since they can pester you with questions about guns in the vehicle etc but if you’re not talking what are they going to do? And it goes back to the question about whether the oft claimed ‘failure to submit is automatic arrest’ question. My favorite story told to me from a trustworthy & long time sober friend who was pulled over for ‘weaving slightly’. After the initial banter about being asked if he know why you’ve been pulled over and where are you coming from/going to, the cop asked, “Have you been drinking tonight?” “No sir.” Cop: “Then why am I smelling alcohol coming from you?” “Damned if I know!” After a brief stare off & checking his spotless license etc, the cop just told him to have a good evening & be careful driving. It really sucks that cops can lie to you since it puts the onus of knowing the law on drivers rather than being able to trust the very people whose business it is to know the law and are not serving the public by misinforming them.
This happened in NH after many years ago. A man was drinking at a bar. After about 1 0r 2 blocks he legally parked the truck he was driving. He had his ten speed bike in the back of the truck. He thought it would be better to take the bike home. The police stop him & asked him whit he was doing . He said he was going home after he left the bar. He told the offer at the was at a bar & did not want to go after he had a few drinks. He was given a DWI & was arrested.
So I definitely don’t know how I got off but I was pulled over in Michigan in Auburn Hills. The officer said I blew a red light, speeding and swerving. He asked me to perform FSTs I did and then he asked me to take a breath test I also consented I blew a .073 but then he said I could drive home which was like 2 mins away and he would follow me. He didn’t even follow me all the way back to my apartment. But what was weird is that he had a 2nd officer there because I assume that’s policy of DUI stops but I’m just confused why I got off
I got out of a drunk driving charge each of the four times that I was the victim of a drunk-driving investigation. I didn't however do everything similarly to how you said to do them. For example, more than one of the times I answered no to having been drinking. At least one such time I was asked again, perhaps even a third time before I attempted to get a police officer not to ask again. I should perhaps refuse to answer with something like that I don't want to have to respond to an unfair question, but probably not if I have passengers with me who might pay a price if I insist on invoking a right.
I drank the night before I arrested. I was drinking at my sisters house and slept in my car outside her house. I fell asleep at 1am and was pulled out my car at 9am. The cops pulled me out and made me do a sobriety test. I passed the first part but didn’t pass the second. I had just woken up lol. They took me to jail and drew blood. What are the chances of me getting the dwi. My car was turned on while I slept as well. Thank you so much !
I had a similar incident happen to me. I went outside of my house to smoke it was cold I turned on the car for heat and fell asleep. I blew a zero on the breathalyzer and they didn't say anything about me not passing the field sobriety test. Officer said my pupils were dilated which they were and I was arrested and urine tested in jail.
Bruh this just happened to me last month.. I was on my property asleep on the driver seat, ignition on and my heater running. I refused all tests so they took my ass in and got a warrant for my blood and released me. I’m only 20 but I sure think it’s bs they came into my property and did all that over my “HEADLIGHTS BEING ON SO WE CAME TO CHECK IF YOU ARE OKAY” anyways I have an attorney on the case and I hope everything goes smooth...
@@driven01 yeah it’s stupid that they use it to get an arrest, technically they have no probable cause prior of them checking on me so wouldn’t it be an unlawful arrest? Last time I checked, having your headlights and vehicle on in your property isn’t a crime...
One thing I would add to this. I would refuse the BAC machine at the station, and insist on a blood draw. That usually takes a fair amount of time, during which your BAC, if you had been drinking, will slowly go down, possibly below 0.08, which will help your case.
HI Madana, wonderful video, it was a pleasure to watch. I watched Barton Morris video on DUI and it's garbage. You are clearly more knowledgeable than he is on DUI. One thing I disagree with you on was probable cause to stop you. At 6:57 seconds you stated that an officers observation or suspicion is enough for probable cause to stop you. Uou mean he has seen you commit a driving infraction correct? A cop cannot pull you over for being suspicious or based on sole observation. Also it's beneficial for those to not roll the window down, crack the window so he can hear you, then he cannot say he smells alcohol. They may get mad but you have come this far, I mean if you won't answer his questions he may get mad anyways that's the cops problem. Be polite but refuse is the best advice I have heard. THANKS AGAIN FOR THE WONDERFUL SPOT ON VIDEO. You seem like a great attorney!!
DETROIT PYRO Hi there, thanks for watching and for the kind comments! I’m so glad you found my video useful! Generally speaking- Probable cause has to be based on something that the officer observed that leads him to believe a crime was committed, a crime is being committed or a crime will be committed. It cannot be based on a hunch. So, if the officer observed someone committing a civil infraction or if the officer observed someone drinking a bottle of wine while driving, or anything that gives him a reasonable belief that the person has committed an infraction/crime, or is in the process of committing an infraction/crime, this is enough to stop a person. Also, an officer might observe something that causes him to believe someone committed a crime ten minutes ago, outside his personal observation, and have probable cause to stop. For example, if someone steals a flat screen tv, but officer Mike doesn’t actually see it, but then five minutes later, officer Mike sees someone carrying a flat screen tv that matches the description of the alleged criminal, officer Mike has enough probable cause to stop. So to your point that an officer has to observe you actually committing a crime or infraction to stop you, that’s not totally accurate.
Another common reason to stop someone is expired tags. You'd be surprised how many people in this country are driving around with expired registration. I usually see one just about every time I go out. Next time you're at a stop light survey the vehicles in front of you. I'll bet you'll be surprised at how many tags are expired. Or when you're walking through a shopping center parking lot. Just for the heck of it notice the plates of the cars you walk by.
6:03 I never use substances of any kind, but I got pulled over a couple times for possibly being under the influence because I was taking it extra-easy with my speed on a foggy and/or dark road, and so the cop thought I might have been drunk/high "because going noticeably slower than normal is sometimes what intoxicated people do." Fortunately the cop was reasonable in both cases; once he learned that I was totally sober and had merely been being super-careful for the road conditions, he just said, "Okay, I see that you're just being extra-cautious, and I'm certainly all for driving safely --- you have a good evening, Sir."
Am I to understand that the recommendations to refuse to take the test is only for those who are actually DUI? Why should a completely sober person refuse to take the test and possibly lose their license for however long, even if found not guilty of DUI? I mean, isn't it an admission of guilt in some states that will be used against you in court. So, why face a more severe punishment by refusing such tests? Doesn't implied consent already say you have to take these tests? Thank you!
If we don't excercise our rights we will lose them, which is why so many people are afraid they will appear guilty if they excercise their rights, now, and why cops probably will think you're guilty if you do invoke your rights. Remain silent ALWAYS! Refuse to be humliated and entertain police with their little roadside shit show. Peace.
I don't drink alcohol, EVER! I don't smoke anything, EVER! But if I get pulled over the cop will take one look at my long hair and ear piercings and assume I do all of the above. I won't do any field sobriety teats. I'm 71 years old with bad knees. On my best day I couldn't pass those. But should I blow into the breathalyzer knowing that they are often unreliable or refuse and lose my license for 6 months to a year in some states? This is something I plan to consult with a DUI attorney about.
If an officer is in fact behind on his mortgage he can be suspended for not complying with police standards and policies of the department. As they are held to very high standards. They are Not allowed to be behind in any bills.
i agree but sometimes it does en work on a Black person if i submit to something at the police station an fail to give it to him is my wright taken away from me ?
@@MadanaHurmoz I liked your video. It was easy to follow and understand. I am curious about something?? I don't drink very much but I like to smoke weed. If I have weed in my system but am sober or it's been many hours since I smoked can I still get charged if they find weed in my system but am not feeling the effects to a great extent?? Pls explain to us who always have weed in our system but not always stoned behind the wheel
What if you were read information after being arrested and the “new” women officer states,” if you fail to submit the breathalyzer, blood or urine you will automatically loose your lisence. “ BUT you explain you will do breath or urine but have not and can not do a blood test due to the trigger of past drug use. (9 1/2 years later never had needle used since active using. The male backup for trainee says no it takes too long /too much. You can do the blood. “ is it still consider noncompliance if your willing to take 2 out of 3 tests for a logical and medically noted history?
I have to give a urine sample every month when I see an MD in order to get an Rx for pain meds needed for a blown-out spine. According to the lab results, there was alcohol in my urine sample. Only problem is that I DON'T CONSUME ALCOHOL (etoh) IN ANY WAY, SHAPE, OR FORM. How can this happen? The lab results are inconsistent. One month they will show ETOH, next time not. MD keeps threatening to refuse to renew my Rx for meds. How in the world do I protect myself? I even paid out-of-pocket to get blood and urine samples tested at a different lab. Of course, the results were both negative for ETOH. I'm not diabetic, so ketoacidosis is not a factor. I just can't figure out why this is happening. I don't consume ANYTHING with alcohol in it. I have never even smoked or consumed weed. I have led a ridiculously clean life. This is seriously driving me crazy! Can someone help me with this before the MD decides to not refill my med Rx?
There could be alcohol in some household products that you use, like mouthwash, hairspray, gel, cologne, etc, that may be registering in the sample. Or it could be that his machine needs to be calibrated. It’s completely within the doctor’s discretion whether to treat you, so you may need to find a new doctor if you can’t figure out why this is happening.
The sobriety tests are really difficult, and are designed to trick you. For instance, if you have to count you have to say “1 one thousand, 2 one thousand, etc” instead of the more common way of say it “one thousand 1, one thousand 2, etc”. Never let them search your vehicle even if you have nothing to hide. Most cops are good people, but not all.
Great imagination. If they were, why does every state in the US accept them. The police didn't create them either. They've been challenged hundreds of time but you know more.
Should you refuse a breathalyzer test if you don't drink at all? I've been pulled over more than once and asked how much I've had to drink. I don't drink so I thought I'd have nothing to worry about. But I hear their portable roadside testers are very unreliable.
I took it after being stopped and I passed it and I was let go. Another time I was taken to the police station and took it and passed it and I was let go.
I'm sober, but the picture behind you is crooked and the sofa is crooked or the camera is not quite level or something. This is making me a little dizzy.
When you speed you have a sign that tells you limit and a speedometer that says you are in violation. Being under the influence how can you tell you are in violation? Your judgement is impaired! An officer once told me, "if you have to consider if you are under the influence, then don't drive"
Here's my dilemma. I don't drink alcohol, EVER! I'm a lifelong asthmatic, who suffers from chronic bronchitis, so I've never smoked anything. But if I get pulled over in NC, the cop will take one look at me and assume I do all of the above. And my California license plate probably won't help me. So what do I do? Do I take the breathalyzer and hope it works properly? They are notoriously unreliable. Or refuse and and deal with possibly losing my license? Can NC take away a California license for refusal? I'm planning an extended road trip later in the year. NC is one state I'll be driving through. I will be consulting a DUI lawyer before I leave home to get as much specific information as possible.
one time a cop pulled me over for right on red without stopping. he came up and asked if i'd had anything to drink. i said "i don't drink". he drew back in kind of a funny way for some reason. i hadn't been drinking, but my license sticker and insurance had both expired. he told me about the sticker and didn't ask about insurance and just let me go with nothing. i don't remember if he ran my license or not. i suspect if i'd stated some legalese and clammed up it would have gone a lot worse...
MI still has a 0 tolerance limit set at the lowest measurable point. A malicious double-standard with alcohol's limit. Considering so many cannabis consumers. Then can people busted on faked DUI training, qualify as a class for a class action lawsuit in Michigan?
You don't have to turn your car off like she said. At night it helps to keep it running while you keep your headlights on for safety. Then if the officer asks you to turn it off, you can ask if he also wants you to shut off the lights as well. Also, you won't always get arrested for refusing to take the tests. You probably will. I just a kid stop taking the test because Harvey Freebird told him behind the camera that he doesn't have to. The police let him go home.
I would just like to comment to be MINDFUL of your state laws. Some states require you to submit a breath sample into a PBT which is backed up by implied consent laws when you obtain your driver's license. In my state, its a misdemeanor (arrest-able offense) as well as one year revocation of your license if you refuse.
Thanks so much for watching! What were your biggest TAKEAWAYS? Let me know in the comments below 😊
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This a a lot of information too late for me i blew a
.11 and in MN the illegal limit is .08
I wish I would not have told the officer I had anything to drink unfortunately my friend in the car with me stunk like alcohol and she went to his window.
@@kgthompson5814 Two 12 oz beers is the limit at a bar.
My biggest take away is to lie. When the cops say how much have you had to drink tonight, say: "nothing".
In NC, refusal to take the breathalyzer test results in an automatic one year suspension of your driver's license.
A few decades ago my brother was driving home after his second shift job. He was on a really crappy section of road with multiple potholes. He had to swerve to avoid them so he got pulled over. He passed all the tests so he didn’t get charged. Before the officer left he asked him if he had to swerve to avoid the potholes. The officer said he did so my brother asked him if he was impaired.
Your moron brother is a real hero.
What happened after he said that to the cop? I'm assuming that he got mad at your brother for being a smart a** in the cops eyes..
In my eyes, that was awesome 👌
@@christianbustamante7488 Retired urban cop here. Got a call of some teens making noise at 2 am on the driving range of a PGA course. Female officer asked them why they thought they could be there. One of the lads responded, "It's a public course". I laughed my ass off. Hit the bricks kids. No golfing after 2 am. Take your beers with you.
I agree with everything. However, my friend was pulled over in November 2023 and charged with DUI. He was initially pulled over for swerving, and the cop said he smelled alcohol. He refused everything, even the breathalyzer at the police station. They told him he would lose his license for a year and would get other charges for refusing the breathalyzer, but he still refused. He went to court in May of 2024, and his DUI was dropped. He got his license back that day and had work privileges the entire time from the stop. I know the implied concent laws, but the cop was telling him all kinds of BS trying to get him to blow. I can't imagine it was because he didn't want to see him lose his license for a year. Like you said, the police are liars and will do anything to get you to incriminate yourself. This was in Ohio for what it's worth.
Great info. Please straighten the picture behind the sofa. Sincerely, Obsessive Compulsive
Are you absolutely certain it's the picture?
Now I can't unsee it.
@@rocketrabble6737 LOL Oh shit! I'm OCD AF, so now I'm rattled.......
the whole camera is crooked
Try putting your glasses on crooked
Thanks for making this information available. You're spot on and basically clarified my presumptions about DUI procedure, but it's really good to know that this is sound information that we can rely on. Hopefully people are smart enough to realize that they should follow your advice to the letter and exercise their legal rights to protect themselves. Good job!
Glad it was helpful! Thank you! :)
I have a question. I never drink or use any drugs. I also know that in rare situations, the breath test at the station can give false positive. In my case, is it better to ask for a blood test? Is it will be far more accurate. The main reason I ask is, my sister and boyfriend have smoked weed in my car, also I do drive sometimes when sleepy
I've been telling friends and family for years to NOT talk to the police and DO NOT submit to field sobriety tests EVER. I have great respect for the police, but they are not your friends.
i talked to the officers and submitted to any tests they gave me and they let me go. and i had a couple drinks hehe
@@yeeyee52 You were very lucky. Those tests are designed for failure.
@@yeeyee52 Bullshit!
@fiosfiend that is inaccurate. There’s no pass or fail, they are looking for specific things That peoples body do when it is under the influence of alcohol or drug. If those things aren’t present they’ve got nothing. This stuff is all back by years of study and scientifically proven. So yes even at a couple drinks your body may not show those signs because of your weight, what you ate, how much sleep you’ve had and your tolerance.
@@Jesusisking24 Respectfully disagree. I have law enforcement in my family and some friends, they pretty much all admit that those tests are for gathering evidence.
Excellent overview of the risk of DUI with little or no reason other than an aggressive police interaction! As a physician I was always concerned about this after social, business, pharmaceutical education dinners and event consumption of alcohol without impairment! Now that I am retired I have less of these events and my wife and I can be our designated driver.
I was outside my car and it was on when the officers pulled up to me. They asked how my car was on and in the middle of eve street I’m pretty sure I told them I drove. I think they tricked me into telling them stuff when I was intoxicated. Will an attorney be able to find something that could help me. They also made me do a blood test. To my memory I couldn’t even think straight. I would have never done it sober or even told the officers anything.
Yer done. Sorry bro.
Unfortunately, people watch this after it’s all said and done. Don’t make the mistake of putting your community and yourself in danger by driving after you have had a drink. Good video.
Police are a much bigger threat to your safety and the safety of your community than your average person traveling, per the constitution regardless. This thought that police have the right to exact justice at every turn is insane. Why do cops always say "they have the right" to pull you over and do anything they want, subjectively? I've never seen a cops bill of rights. The RIGHT to demand you obey another man?? That's cowardice to even entertain the idea of bowing to authority. You submit your will to another MAN? WOW.
@@ITrend17 you just woke up today, thought today would be a great day to troll let me start some nonsense with random people I don’t know 😁👍
@@ITrend17 Stop whining you puerile imbecile. Obey the traffic laws, don't drive drunk or like an a-hole. The tough talkers like you cuff up immediately and then tell the cop how you should have kicked their a$$. Fake tough guy.
Betaaaaaaaaaaaaa
You nailed it. I'm watching this AFTER
Really great advice thank you! That being said unless you are a penniless illegal immigrant driving a car intoxicated without a driver
license or insurance, drinking and driving is never a good idea.
I think you worded your sentence wrong
Two questions : Why are law enforcement officers allowed to lie and get away with it but if an individual lies to them it’s against the law? If you are not under the influence of any substance, should you still refrain from submitting to the tests?
OK, it's actually NOT against the law to lie or say nothing to a Police officer, BEFORE you're arrested. This will, of course, depend on what state laws you have, (I'm using Texas State laws). I'm not a lawyer, so everything I say is what I was told BY an atty. and also by some retired officers and also on what I've read on our State Legislative websites. Texas is not a "Stop & ID state". In other words, they can't just walk up to you and demand your id, (actually they can try to, but you can't be arrested if you refuse). Now there's plenty of ways they can get around that, and they manage to get supported by prosecutors & Judges, (life sucks I know). As for the officers lying, that is granted to them under special circumstances. Under the Federal Miranda warning laws that give you your fundamental rights, (right to remain silent, & right to an atty, yada yada). Officers, when they detain and question you, can use manipulation to get you to "slip up" and implicate yourself in whatever crime their investigating, they can say, "a witness saw you there", or "a witness saw you do ...", or even "we have your prints/dna at the scene". The only proper protection for you is to stay silent and request an atty. Once you make that request, they must stop the interrogation. There is a youtube video on "10 techniques the police use for interrogation", it's a bit dramatic but gives good information.
Remember that driving is a privilege! It is not a god-given right.
@@patrickconway5771 OK....thanks Cpt. Obvious. 😐
its only against the law to lie IF you are under oath and that goes both ways. And if you truly are not under the influence of anything then you should never be asked to do tests..unless you are having a diabetic episode which are strikingly similar to being drunk.
Absolutely DO NOT TAKE ANY TEST‼️LAWYER ADVISED ✅
I'd like to add that most people carry their driver's license in their wallets and are easily accessible.
However, be certain to place your most recent proof of insurance card and your latest vehicle registration in an easily accessible, marked envelope in your glovebox.
When you have to fumble around to find this info, officers will note this as a reason to suspect that you might be impaired.
Also, what she states @17:48 is extremely important.
Unfortunately, IF the officer asks you to perform a field sobriety test, he already plans to arrest you. These FS test are entirely subjective and are designed to trick you into failing, regardless as to whether you're actually impaired.
I'm always amazed when I watch RUclipsrs getting pulled over that they have no idea where their paperwork is. They start rummaging around for it and sometimes never find it. And today, the trend is to keep your insurance information on your phone. To me, that's a bad idea. I've seen people taking forever scrolling through their phone looking for their insurance. Keep all your paperwork in one location where you know where it is. When the cop requests your paperwork, tell him where it is and then ask permission to reach for it. And make no sudden movements.
I've been allowed to leave after a field sobriety test as has one of my friends. I felt like I passed with flying colors and my friend said she did AWFUL but was still let go because ultimately she truly wasn't drunk so I think the officer eventually realized she was being truthful. Same with me, because I'd truly only had 2 beers over the course of several hours and I'm a large person who's a heavyweight when it comes to substances. Just want to point out first hand experience that it's not a certainty that you'll be arrested if asked to perform the test...though if you know you are maybe a bit over the limit, definitely don't do it then! I understand though that if someone is bad at the test, even if they blow only a 0.02 they may still be charged with a DUI, which that is scary so I don't know what the answer is here except to literally never even have 1 drink when you drive. Just Uber or use public transit to be 100% safe from any LE who may be set on ruining someone's night/life/etc...
@@EastmanEditing , I understand that each person has to decide for themselves. In my case, I don't drink alcohol. Ever! But at my age, my balance is not as good as it used to be and I have bad knees because of old sports injuries. So, even though I don't drink, I wouldn't submit because I know I'd fail. It's my opinion that most DUI lawyers would recommend that you NOT submit to field sobriety tests. But you should do what your lawyer says. Those tests are designed for you to fail. And that gives cops more evidence to arrest you. And even if you pass the cops still might arrest you. If I get pulled over at night and the cop asks me if I've had anything to drink, I figure I'm going to jail. With my appearance, (long hair, ear piercings, facial hair) no cop is going to believe me when I say I don't drink and I won't do any field sobriety tests. I would strongly recommend to anyone that they consult with a criminal defense attorney, one that specializes in DUIs. I've watched a lot of RUclips traffic stop videos. And I'm always surprised at the misinformation that is posted by RUclipsrs who think they know the law during a traffic stop, but clearly don't. Many lawyers offer a free initial consultation. By consulting a lawyer, you'll know exactly what your rights are and how to properly behave to best protect yourself during a traffic stop.
I refused a breathalyzer and they took me to jail for DUI and threatened to draw blood but never did. How in god's name would they ever know if I was truly drunk?
did you fight the case? cause thats easily winnable
What if they bypass a breathalyzer (because they don’t have one) at the jail and tell you that you have to do a blood test? 🤦♂️
@@HughJazzTTs I hired no lawyer and payed 500 dollars for wreckless driving lol
So you just appeared in court and pleated not guilty? Or how did you get it changed without lawyer?
@@jacobking4106 hey could you help me out, i am probrably going that route
💯🎯 Great advice! I've been pulled over so many times because I wasn't a good driver. Fortunately, they realized i wasn't under the influence but could have been arrested. I am so glad you stated you do not condone drinking and driving. But most people don't really know their rights and understand the process. This is the best video I've watched on the subject! ❤
Some towns do not allow Uber or Lift...
drive a minivan or other nerdy vehicle and you'll never get pulled...You'll ride right past the guys in the sports cars doing the DUI test....
Use lane centering feature combined with adaptive cruise control on your vehicle. It will keep the car centered in the land and control the acceleration/deceleration and even stop the vehicle behind other stopped vehicles. (Yes, it pays to have a lux package on your car)
Once pulled: delay, delay, delay. Most states have a 15 to 20 minute wait period before they can administer a breathalizer. If you cough or throwup during that time, they have to restart the timer. Fake throwup and cough in front of the cop cam.... If they viloate the wait period, the test gets tossed.
My lane centering weaves the car back and forth between the lines far more than a standard person
Here in our town, the state boys stalk the bar patrons. They wait until someone leaves and then pull them over for a burnt out bulb or any tiny little thing they can find wrong with the vehicle. The bars have been emptying for years now bc of them.
Refusal in IL for not taking a breathalyzer is automatic suspension
Not road side. At station.
In wa state, if you feel that that you are too drunk to drive and pull over to sleep it off, do not have the keys in your posession...you are in physical control...i remember a motorcyclist, who was too drunk to drive pushing his vehicle on the side of the rode charged with physical control and arrested...imagine doing the right thing and still charged?
I tried doing the right thing and got arrested last week
So my question is: Why do we give police so much discretion and power of testimony in court, when their position is so easily and commonly corrupted, especially when there is such a high incentive to produce convictions. For reasons not even in line with the intent of the laws them selves, and rather a monetary one as is is ever increasingly apparent.
Easley and commonly? Heard from aunt's sister or ? Maybe ask a judge not a RUclips how to scam alcohol test and kill somebody while being drunk.
@@Frank-DuxVanDamme ---Hahahah. No need to ask a judge, there are thousands of hours of body cam footage here on RUclips. You can see for yourself. Watch and you will see that police routinely lie to people they've made contact with in order to get them to incriminate themselves. So the reasoning goes....if they're willing to lie to get evidence against you wouldn't they also be willing to lie in their police report to better ensure a conviction?
People drink and drive all the time. Most make it home just fine. I'm not condoning drunk driving, I'm merely pointing out that if you compare statistics of drunk driving deaths in countries with very little enforcement to the US with hyper-enforcement you'll see that deaths per capita are virtually the same. Conclusion? That hyper drunk driving enforcement doesn't necessarily make the roads safer.
@@Frank-DuxVanDamme YOURE MORE LIKELY TO SURVIVE A CRASH IF YOU ARE INTOXICATED.. LOOK IT UP.. MAYBE THEY SHOULD REQUIRE VERYONE TO DRIVE WHILE INTOXICATED LIKE WEARING A SEATBELT SAVES LIVES.. BEING INTOXICATED SAVES LIVES.. SOBER PEOPLE CRASH WAY MORE THAN INTOXICATED PEOPLE...
@@thothheartmaat2833 when a DUI driver kills your family member, have that same energy. Yea it still happens all the time even with Uber.
@@Frank-DuxVanDamme Simple reading will open your eyes. No need for aunt's sister. It's called 'research'. Maybe do some of that on your own instead of being spoon fed your news by social media. Google "Officer arrested for" and have news story reading for years. The results are accurate without anything related to drunk driving.
Also a reason not to talk is so they cant smell your breath and the reason you wait as long as you can to get a chemical blood test is they have to prove you were impaired at the time you were behind the wheel.. you readings will be different on the road vs 1 - 1.5 hours later at the station.
I simply do not speak a single word during a traffic stop. There are no questions that I am obligated to answer.
And no one cares. You still get the ticket and pay it like a good little boy. Why do you think the cop wants to talk to an imbecile?
How do you determine the officer isn't drunk or hungover.
Somebody called in on me 1 mile from my house. 2 cops showed up and one asked if I would come out and talk. My fiance said go out and talk to him. The other cop ask her if he could come through my house to get to the garage. She let him in thinkin she was doin the right thing. Before I new it I was at the station with a refusel. Now my lawyer is fighting for me .
That’s a damn shame
God never let them in make them get a search warrant
She's right, every one metabolizes alcohol differently? Doesn't matter what your size is. Call an Uber...
The attorney here did a great job but want to add more detail: If you get pulled over for suspected drunk driving you must give the officer your driver's license, registration and proof of insurance. The police will ask you where you are coming from or going to... DO NOT TALK TO THE POLICE at all and refuse the voluntary sobriety test and breathalyzer roadside. Police legally can lie to you, YES, that is correct. They can say you are required to take their test,, not true. The refusal for the roadside field sobriety test has no points or fines; however, the refusal for roadside breathalyzer is only a civil infraction of $200, no points. If you get arrested it is up to you to comply with what's called the 'implied consent' for chemical or blood test at the station. The police also must give you the opportunity to ask you if you want your own third party lab to draw your blood, but the police officer also will need to get the same. I recommend to do the breathalizer at the police station after arrested. If you refuse the breathalizer or blood then you can lose your license for a period of time, 6 points, fees & fines, and probably no jail time for first offense. A judge can get a warrant for blood or breathalizer if you refuse this at the station. Attorney may work out a limited license for you to drive with what is called an interlocking driving device so you can work,, shop, or pay bills.
If DWI (DUI) A good attorney will break down the officers DUI training, ask officer, on the stand, to site elements for observing the field sobriety test if one was given then compare to the National Highway Institute for Traffic Safety Association guidelines and police policies . A good attorney will also look up previous police officer discipline to see if any of that can help your case A good attorney will in court give and ask facts regarding the stuff that the driver did well while driving, or at the traffic stop. Here's the thing... The jury needs to be instructed that it is not illegal for someone to drink then drive as long as you are not over the limit required by law. The police are NOT your friend! They want to make arrests! They don't care about your well-being they only care about theirs.
DO NOT TALK to the police without your attorney present, and say that you do not answer any questions without your attorney present.
The police do not have to give you your Meranda rights before you are arrested; however, they do need to read you your rights if they are going to ask you questions that can and will be used against you in a court of law.
If you talk to the police they will quote your words in their citations and use all and everything against you in the documents and in a court of law! I hope some of this helps.
Good advice, your only point I totally disagree with is to take the breathalyzer at the station, NEVER DO THAT!!! It is ammunition for them , You can work out the license issue later. Every competent OUI Lawyer will tell you so.
@@gjpp3239 That’s very true. I had a friend pass the field sobriety test but refuse the breathalyzer. The prosecution didn’t have that key piece of evidence, a chemical test, to prove alcohol was even in his system - and his immaculate performance in the field sobriety test got his dui dismissed by his lawyer.
My friend always tells me: don’t drive if you can’t pass the sobriety test. And if you can pass the sobriety test if pulled over, do it. And if you do pass DON’T TAKE THE BREATHALYZER!! It’ll basically be ur performance as your defense against the cops biased observations.
Of course if you can’t pass it you shouldn’t have been driving. If you can’t pass it decline it and the breathalyzer, that’s your only shot.
@@KronoKing the issue is the sobriety test are not "pass or fail" they are to gather evidence period.
@@mixgreenalien My friend just got lucky that’s all there is to it. I don’t recommend doing the sobriety tests at all they’re voluntary anyway. You have a better chance at a good defense without that evidence against you. Most people try to fight the results of the tests which is an uphill losing battle.
@@KronoKing don't they get a warrant for blood?
I just got a dui on a bicycle. I live in Pennsylvania. I also have a Class A cdl.
Dammmn, how you make out?
If you are drunk, do not take the breathalyzer test at the station. Refuse, take the year suspension. You don’t want that on your record. They will probably allow driving privileges for work. If not, drive anyway, but drive cool for the next year.
In Colorado a small town is making false DUI in order to get grant money. A pilot is suing that police department because he did not drink.
Everyone needs to excercise their rights every time they have an encounter with the police. If we only use them when we are guilty then excercising our rghts will be the same as an admission of guilt. We must use them or lose them.
This is a very healthy way to approach exercising your rights.
Everyone should remember this - your rights are individual and you have to claim them individually...
16:04 cant do that in NJ unfortunately
The problem is marijuana takes up to a month to clear out of someones system, depending on how much that person smokes per day. So if some smokes on June 1st and is pulled over on June 10th, that person could still have marijuana in their blood depending on that person's metabolism. How would you fight against that and prove you didn't smoke right before driving?
good question -and I see she didn't answer -because no one knows the answer-you will be found guilty-FOR SURE!!!
@@kchungry821 Exactly, that's where I see the flaw
I'm in this exact situation in Arizona right now. Got pulled over, just had foot surgery and guess I stutter stepped with my bad foot when I exited my vehicle. Was arrested and taken to jail where I was given a blood test. I smoked the night before...and took prescribed ambien. Am I fucked?
@@solofourohsixgamingthat’s what they want.
I bought a small alcohol test kit but stopped using it. Even drinking one beer the alcohol level would soar up to near .08. Anyone who drinks alcohol and leaves a bar is over the limit. I do like seeing the videos of police being pulled over and are absolutely smashed
There are a litany of foods and products that can spike your "mouth alcohol" to fat beyond legal limits. Roadside breathalyzer are inaccurate at best, and aren't even admissible in court yet they are grounds for probable cause? We have let this get out of control.
When they have quota's to fill and get a percentage of the fines , guess how that going to work out for you, they will sit and watch wait for someone drinking to leave, when you have a cab waiting for you, they will arrest you for pi cause they seen you in public drunk, small towns definitely count on the tickets given cause there's too much money involved, attorneys, cops and judges are all in cahoots, so most people will pay the fine cause it's cheaper than paying the bill for the lawyer, no win situation
I really appreciate this video, I literally just went through everything that she said and I wasn't impaired to drive..
Have so much to say but will go on a rant. I am 100% positive that I was used to meet quota. Meanwhile, this has drained my entire savings account, cost me my job because no one knew where I was for four days, and I never received a phone call, which is mandatory… I hate to sound like I am “blame shifting”. Ever since I got a bad speeding ticket that was able to be lowered, thanks to my lawyer and taking a bunch of classes, I have never gone five over the speed limit and never would I drive if I feel like I could not. I was pulled over on a holiday weekend… Stupid Canadian me forgot it was memorial day weekend… I drove an hour to the city and never been to for a first date… The bail bond person said that cops literally wait outside there to catch people leaving that place… Within minutes of leaving I was pulled over. My tail light was out. I literally had an appointment the next week to get it fixed. She asked if I had been drinking. I said oh yes, I am just coming back from a date and we just had a drink. Within an hour I was put in solitary for days, sleeping on a dirty floor with no water, no one came to check on me. I saw people through my little slot that looks like an envelope slot, but behind this big steel door that people were getting wheeled out in wheelchairs, who were totally fine the day before. It was wild. I was not allowed one phone call. I never was aggressive to those working there as I know better. I was only kind, calm, and compliant. The first thing the officer said who looked about 21 years old when I was being booked was how many did you get today. Also, there were some Senior people that came to check on us in the room because I know, for a fact, they felt something was going on. I would love to see body, camera footage, and CCTV footage of everything. I am so solid on the fact that I will come back for that when I have money to bring that stuff to light. It was wild and I was treated like I had murdered somebody. I was not even allowed to shower for four days and did not get any rec time. Also, I was told many times that I would get to see the nurse and she could give me my antidepressants that I have been taking for 20 years. I have the medication with me and my doctors number is on there, etc.… I felt like they wanted me to go insane in that small solitary space For days, not knowing if it’s nighttime or daytime. I asked when they think I’ll be able to make a phone call, and they said well we are really busy right now it could be until your trial date… That would have been almost 2 months away. Also, I could have bailed myself out that day. It was only going to be $200. The only reason I could not do so was because of that county, you need a cosigner or a witness whatever you call it to be there and then you can leave with them. Part of my poor grammar. I am talking to text. Last thing I want to say is that the officer put that it was an aggravated DUI. There was no one else on the road. I did not skip a stop sign or speed like she wrote down and said I did. After I asked her if I could see footage of that she Took off that I was speeding. I know that this will never work out in my favor and will be a waste of time… But I was an athlete for 18 years and Olympic bound, etc.… That was my identity and now this is the first thing that shows up. Lastly, lastly… The person that was my angel and came to my rescue told me that she never goes to this level of the prison and it is by the grace of God that she was up there that day and within 30 minutes I was discharged. Even she seemed flabbergasted. She was, the most high up there as well. I had bruises for days from sticking my forearm out that little slot. They never gave me my inmate ID number and even when I used it to call when I was getting out it was not valid. The Sgt. had to use her own way of me being able to call. Goes to show that, it was so corrupt in there. Also, I forgot to include the fact that… Probably saying too much… However, I also think that my treatment was in part due to the Sgt. that formerly worked in the county I live in who was found guilty via internal investigation for XYZ, domestic violence cases, and being sexually abusive and coercive… Forceful… Etc. My mom ended up being the whistleblower because she went through my phone… A year or so later I got this letter from the police department saying that he was found guilty and they were very sorry and that he was let go from that department. Lo and behold that Sgt. was now employed at the county an hour away at that exact jail that I was in. When I sat down in one of the rooms, the first thing one of the Young officers told me was how do you know Sgt. XYZ? Turns out they work closely with him. I have never been so scared to be so helpless in that cinderblock tiny, solitary cell in which this big big woman who was convicted of, serious violence, almost killing her partner again was shoved in my cell. I did a little research and I found out that there has been multiple times that people have died in this jail in unexplainable ways. Just a couple months ago, that underground dungeon I was in was shut down and they moved everything over. Wild. I feel like I could write a book on this I don’t have 4000 or $5000 to get my face off of Google. It is the most unfathomable experience. I think I’m still in shock nine months later. I just cannot stress enough how corrupt it was in there. I would be all for having that ignition interlock device in my car for two decades, rather than go through all of that, be $10,000 in debt and lose all my savings, etc.… Getting a job is a whole other story as I have my masters degree. The woman who pulled me over was genuinely out for blood is my point and where I was at is a very messed up county to be in. I am talking to text like I said, and I’m sure my vernacular is way off.clearly I don’t have money for therapy or help type thing… But it’s very shameful, disappointing, and the amount of hatred one has for themselves after this is extremely heightened, even if it was high before.
What if the officer lies and says that you smelled strongly of alcohol?
Then you’ll need a really good lawyer to help file the right motions and possibly take the case to trial
that is not all he smells...money has a strong smell to. the lawyer and judge may be pals and drop it to reckless that way the sky is the limit on the fine..
So sad to see, this channel does not upload regularly. Comma i'm happy to see a michigan law firm
I just recently got pulled over for aggravated DUI I submitted to everything they wanted I wish I had seen this video beforehand because I did not know these things. I have a court appointed lawyer is that going to be helpful enough for me? I also lost my job due to being arrested.
That was really inspiring to now your rights
What do you do if they imply that you refused all your testing but got rid of the body cam footage and are only showing Dash cam and the whole reason why they didn't pull you over wasn't turned in either
Pre arrest you are not required to take any tests - FST or PBT. Once you’re arrested and taken to the station, you are required to the breath test with big machine, intoxilizer 5000 usually, otherwise it’s a mandatory suspension
Invoke your 5th amendment right to remain silent and then most importantly, remain silent. Once arrested invoke your 6th amendment right to an attorney. “I want a lawyer” the four most powerful words when dealing with the police.
Where are the Reliable THC tests?
I have not had an alcoholic drink for several years and I do not drink, so I will not agree to a sobriety test. I do not drive while taking any medication that may cause drowsiness, etc.
It’s all bullshit. Impairment IS a case by case issue. If my wife has more than 2 drinks she can barely walk, let alone operate machinery safely. I however, am 50 and have been driving drunk since I was 15. Hell I’ve done most everything in life drunk or close to it: rock climbing, kayaking class 4+ rapids, construction work on 40 foot ladders for years and working on roofs. I can EASILY and SAFELY operate a vehicle, forklift, motorcyle, etc with 6-8 drinks in me. Yeah I hear all of you out there criticizing me. Fine. Whatever. What I KNOW is that I’ve been pulled over COUNTLESS times for speeding (cause I just drive fast) while drunk and NEVER failed a field sobriety text. I’m not trying to justify drunk driving per se, BUT, I am saying that for some people, (like myself) getting a dui for 3 or 2, or 1beer is ASININE! PURLEY FUCKING RIDICULOUS!
For people like my wife, ok I get it.
The problem is this whole zero tolerance with breathalyzer reading above a certain amount. The field sobriety test was fine for DECADES! And I agree with that! If I can’t do that then clearly my ability to safely operate a vehicle is impaired and I would submit to being fined a hefty amount and arranging transportation home and having to pay to have my vehicle towed. That’s punishment enough. HAVING MY FUCKING LIFE RUINED AND MY WIFE LEAVING ME AND GOING TO JAIL AND LOSSING MY FUCKING JOB?!?! FUCK YOU!
This whole breathalyzer shit is a scam to generate revenue; pure and simple.
(And no: I’ve never had a dui or a wreak). So yeah, go ahead and give me shit but think about it: was I just lucky for FIFTY FUCKING YEARS? Or maybe, just maybe, some people have a high tolerance and extraordinary dexterity and dimensional awareness than others?
🤷🏼♂️🧐
The law was .1 BAC in my state for a long time, then they lowered it to .08 back in the 90s, and I hear it's flat zero for CDL holders whether on the job or not, total bullshit. They pervert the pretext of public safety to create a tyrannical racket that takes your money, confiscates property and destroys lives while also making lawyers and other key players in the system rich. Same with the war on drugs. And the red light cameras etc. They're Johnny on the spot when it comes to ways to nail you for crimes they can profit from. But if your car gets stolen or your house gets burglarized, wait and see if the cops do shit about it. No profit for the system in that. BTW in IL about 10 years ago they passed a law that says they can seize a car for unlicensed driving.
What you're most lucky about is that you're still alive because you are clearly an alcoholic.
Great video but how much do laws regarding roadside refusals vary from state to state?
Truly you know how to do things like this
i.e ABCHACKERS
What if the police just took me out my vehicle and put me in cuffs without asking me for identification or anything like that?
kNOw tHe lAst timE iWaS cAught driVing DrinKinG was whEn i waS drIving driNking or waS iT wheN i wAs driving OFFiCEEErrr.
You forgot to mention for behavior, driving at night without headlights, drunks forget to turn them on and don't notice that they can't see where they're going. Also, in FL if you refuse to blow on the breathalyzer you automatically lose your license for a year. It's printed on your license. It says, "Operation of a motor vehicle constitutes consent to any sobriety test required by law". The law should be that if the cop lies to you the evidence is not admissible. Even though I'm in FL, thanks for the video, I think I got the key points.
You can get a DUI in New Jersey without a vehicle stop. No vehicle needed ! Arrested on one charge ( minor/dropped) and charged with another that never happened. If you admit to one drink they will hold you for hours till blood content goes over limit. Heroes my ass. 47 years of driving no arrests/dui/insurance claims !
I looked it up for my state, and that doesn't apply to the roadside breathalyzer in my state, although it seems like they've gone out of their way to bury that fact. I'm not sure if Florida is the same.
But you should highlight that ".......test required by law" That the key part.
Their's a catch 22, no law in the state of Florida requires sFST/FSE to begin with.
True statement - the law attaches when you operate a "motor vehicle" the question is - are you actually operating a "motor vehicle" ?? The answer is NO unless your using you automobile to make money on the roads. The term "motor vehicle" or "vehicle" are terms of art [read as - a term defined in law] and unless you are using your automobile in a manner regulated by your state you are NOT OPERATING A MOTOR VEHICLE and none of the "motor vehicle " statutes can attach to you simply because you are not operating a motor vehicle. Check out the federal defi edition of motor vehicle at 18 USC section 31. You will see that a motor vehicle is defined as being used for commercial purposes... since federal law trumps state due to the supremacy clause in the constitution of the United States - this federal definition is binding on all the states..
@@jth1699 Unfortunately, as far as I have been able to determine, that argument has never held up in any state in the US, even in Texas where driving with an open container of alcohol in the passenger compartment is legal - or at least it used to be.
This is Michigan law. Do the same laws apply to Pennsylvania?
Thanks for the information though I rarely ever drink it still helps to inform my family & friends
Great video it’s actually useful don’t hear the hater’s
What if you haven't been drinking? It seems like invoking you're right to remain silent will just escalate a normal traffic ticket into suspicion of DUI. I've been pulled over dozens of times and don't drink and drive, but never once was asked if I had anything to drink, but I did talk to them politely and honestly, and was let go for speeding offenses more often than not.
My ex got a DUI. He was on a new med for depression and had severe side effects that came on while he was driving. He was hallucinating. This was in allegan, mi. Everything was dropped after tests and doctors notes. He paid his tow fees. SO GET THIS, a year later a state cop comes to the door looking for him. He was at work and I called him and he goes Tracy are you playin me. That state cop came to arrest him for the year before from that DUI that was dropped!!!!! We had to get a lawyer and fight this all over again!!!! It’s like the court was broke and decided to go through old files to see what they can charge again. Til this day we are still shocked! We hardly ever drink and we don’t drive if we do. So people read your prescriptions and just because you think the case is closed, not always. I watch a lot of body cam videos and wanted to see what laws are here in MI. Great video!!! You need to make more.
Thank you for this video. Not something I have had to deal with BUT great to know
Glad it was helpful!
@@MadanaHurmozguess I’ve been watching too many dui bodycam videos bc this just came up on my recommended list, great info especially about not being a jerk!
Every state seems to have different laws and this video being five years old may not even apply to Michigan laws any longer.
I know folks here in NYS that have been emphatically told by cops when pulled over that failure to submit to FST’s will be an automatic DWI arrest. Don’t know if that’s true but I’m going to ask a LEO friend about it. Also heard a story about a guy barely cracking his car window and sliding a ziploc baggie on a string out containing license, reg, insurance, AND a note saying he’s been advised to exercise his right not to talk. Then he quickly put the window back up. Supposedly once the paperwork was verified & returned he was told that he was free to leave. Not sure about the truth to that since they can pester you with questions about guns in the vehicle etc but if you’re not talking what are they going to do? And it goes back to the question about whether the oft claimed ‘failure to submit is automatic arrest’ question.
My favorite story told to me from a trustworthy & long time sober friend who was pulled over for ‘weaving slightly’.
After the initial banter about being asked if he know why you’ve been pulled over and where are you coming from/going to, the cop asked, “Have you been drinking tonight?”
“No sir.”
Cop: “Then why am I smelling alcohol coming from you?”
“Damned if I know!”
After a brief stare off & checking his spotless license etc, the cop just told him to have a good evening & be careful driving.
It really sucks that cops can lie to you since it puts the onus of knowing the law on drivers rather than being able to trust the very people whose business it is to know the law and are not serving the public by misinforming them.
This happened in NH after many years ago. A man was drinking at a bar. After about 1 0r 2 blocks he legally parked the truck he was driving. He had his ten speed bike in the back of the truck. He thought it would be better to take the bike home. The police stop him & asked him whit he was doing . He said he was going home after he left the bar. He told the offer at the was at a bar & did not want to go after he had a few drinks. He was given a DWI & was arrested.
How about not drinking and driving…..?
So I definitely don’t know how I got off but I was pulled over in Michigan in Auburn Hills. The officer said I blew a red light, speeding and swerving. He asked me to perform FSTs I did and then he asked me to take a breath test I also consented I blew a .073 but then he said I could drive home which was like 2 mins away and he would follow me. He didn’t even follow me all the way back to my apartment. But what was weird is that he had a 2nd officer there because I assume that’s policy of DUI stops but I’m just confused why I got off
I was have been stopped twice in my life. I did their blow test and I was let go because I wasn't drinking enough.
@@erichmutchler3262 The bars don't love us when we go and don't drink.
Handicap placard please advise on how to respond to police.
I got out of a drunk driving charge each of the four times that I was the victim of a drunk-driving investigation. I didn't however do everything similarly to how you said to do them. For example, more than one of the times I answered no to having been drinking. At least one such time I was asked again, perhaps even a third time before I attempted to get a police officer not to ask again. I should perhaps refuse to answer with something like that I don't want to have to respond to an unfair question, but probably not if I have passengers with me who might pay a price if I insist on invoking a right.
I drank the night before I arrested. I was drinking at my sisters house and slept in my car outside her house. I fell asleep at 1am and was pulled out my car at 9am. The cops pulled me out and made me do a sobriety test. I passed the first part but didn’t pass the second. I had just woken up lol. They took me to jail and drew blood. What are the chances of me getting the dwi. My car was turned on while I slept as well. Thank you so much !
I had a similar incident happen to me. I went outside of my house to smoke it was cold I turned on the car for heat and fell asleep. I blew a zero on the breathalyzer and they didn't say anything about me not passing the field sobriety test. Officer said my pupils were dilated which they were and I was arrested and urine tested in jail.
Bruh this just happened to me last month.. I was on my property asleep on the driver seat, ignition on and my heater running. I refused all tests so they took my ass in and got a warrant for my blood and released me. I’m only 20 but I sure think it’s bs they came into my property and did all that over my “HEADLIGHTS BEING ON SO WE CAME TO CHECK IF YOU ARE OKAY” anyways I have an attorney on the case and I hope everything goes smooth...
@@ramonestrada3886 you’ll be fine. (Most likely)
@@ramonestrada3886 They always use the "wellness check" as an excuse.
@@driven01 yeah it’s stupid that they use it to get an arrest, technically they have no probable cause prior of them checking on me so wouldn’t it be an unlawful arrest? Last time I checked, having your headlights and vehicle on in your property isn’t a crime...
One thing I would add to this. I would refuse the BAC machine at the station, and insist on a blood draw. That usually takes a fair amount of time, during which your BAC, if you had been drinking, will slowly go down, possibly below 0.08, which will help your case.
HI Madana, wonderful video, it was a pleasure to watch. I watched Barton Morris video on DUI and it's garbage. You are clearly more knowledgeable than he is on DUI. One thing I disagree with you on was probable cause to stop you. At 6:57 seconds you stated that an officers observation or suspicion is enough for probable cause to stop you. Uou mean he has seen you commit a driving infraction correct? A cop cannot pull you over for being suspicious or based on sole observation. Also it's beneficial for those to not roll the window down, crack the window so he can hear you, then he cannot say he smells alcohol. They may get mad but you have come this far, I mean if you won't answer his questions he may get mad anyways that's the cops problem. Be polite but refuse is the best advice I have heard. THANKS AGAIN FOR THE WONDERFUL SPOT ON VIDEO. You seem like a great attorney!!
DETROIT PYRO Hi there, thanks for watching and for the kind comments! I’m so glad you found my video useful!
Generally speaking- Probable cause has to be based on something that the officer observed that leads him to believe a crime was committed, a crime is being committed or a crime will be committed. It cannot be based on a hunch. So, if the officer observed someone committing a civil infraction or if the officer observed someone drinking a bottle of wine while driving, or anything that gives him a reasonable belief that the person has committed an infraction/crime, or is in the process of committing an infraction/crime, this is enough to stop a person. Also, an officer might observe something that causes him to believe someone committed a crime ten minutes ago, outside his personal observation, and have probable cause to stop. For example, if someone steals a flat screen tv, but officer Mike doesn’t actually see it, but then five minutes later, officer Mike sees someone carrying a flat screen tv that matches the description of the alleged criminal, officer Mike has enough probable cause to stop. So to your point that an officer has to observe you actually committing a crime or infraction to stop you, that’s not totally accurate.
@@MadanaHurmoz I understand thank you for the response. Love the content!
DETROIT PYRO Thank you!!! 😊
I fell asleep while waiting for the light to change. Is that a reason for probable cause?
Ha🤣
Well done pretty young lady, I think your advice is very good! Thank you!😊
Thanks for helping. There are people like me out there that get charged for being sober.
You are right use your blinkers go the speed limit less chance of being stopped from the start! Don't give them a reason to stop you!
Another common reason to stop someone is expired tags. You'd be surprised how many people in this country are driving around with expired registration. I usually see one just about every time I go out. Next time you're at a stop light survey the vehicles in front of you. I'll bet you'll be surprised at how many tags are expired. Or when you're walking through a shopping center parking lot. Just for the heck of it notice the plates of the cars you walk by.
6:03 I never use substances of any kind, but I got pulled over a couple times for possibly being under the influence because I was taking it extra-easy with my speed on a foggy and/or dark road, and so the cop thought I might have been drunk/high "because going noticeably slower than normal is sometimes what intoxicated people do." Fortunately the cop was reasonable in both cases; once he learned that I was totally sober and had merely been being super-careful for the road conditions, he just said, "Okay, I see that you're just being extra-cautious, and I'm certainly all for driving safely --- you have a good evening, Sir."
Had you been going the speed limit they would have pulled you over for driving too fast for road conditions
Am I to understand that the recommendations to refuse to take the test is only for those who are actually DUI? Why should a completely sober person refuse to take the test and possibly lose their license for however long, even if found not guilty of DUI? I mean, isn't it an admission of guilt in some states that will be used against you in court. So, why face a more severe punishment by refusing such tests? Doesn't implied consent already say you have to take these tests? Thank you!
It's ALWAYS worth it to refuse a breathalyzer, drinking or not.
If we don't excercise our rights we will lose them, which is why so many people are afraid they will appear guilty if they excercise their rights, now, and why cops probably will think you're guilty if you do invoke your rights. Remain silent ALWAYS! Refuse to be humliated and entertain police with their little roadside shit show. Peace.
I don't drink alcohol, EVER! I don't smoke anything, EVER! But if I get pulled over the cop will take one look at my long hair and ear piercings and assume I do all of the above. I won't do any field sobriety teats. I'm 71 years old with bad knees. On my best day I couldn't pass those. But should I blow into the breathalyzer knowing that they are often unreliable or refuse and lose my license for 6 months to a year in some states? This is something I plan to consult with a DUI attorney about.
Basically, if the police officer is behind on his mortgage, he will be motivated to classify you drunk to meet his quota and cash in big.
Dui arrests benefit there careers
If an officer is in fact behind on his mortgage he can be suspended for not complying with police standards and policies of the department. As they are held to very high standards. They are Not allowed to be behind in any bills.
i agree but sometimes it does en work on a Black person if i submit to something at the police station an fail to give it to him is my wright taken away from me ?
Is that painting hanging on the wall that crooked..?
please do a video on recording an officer as evidence to be used in court
Thanks for the suggestion! I'll definitely add that on my list of things to address :)
@@MadanaHurmoz I liked your video. It was easy to follow and understand. I am curious about something?? I don't drink very much but I like to smoke weed. If I have weed in my system but am sober or it's been many hours since I smoked can I still get charged if they find weed in my system but am not feeling the effects to a great extent?? Pls explain to us who always have weed in our system but not always stoned behind the wheel
Depending on your state’s laws, you could be found guilty if there’s marijuana in your system. In Michigan, you certainly can.
What if you were read information after being arrested and the “new” women officer states,” if you fail to submit the breathalyzer, blood or urine you will automatically loose your lisence. “ BUT you explain you will do breath or urine but have not and can not do a blood test due to the trigger of past drug use. (9 1/2 years later never had needle used since active using. The male backup for trainee says no it takes too long /too much. You can do the blood. “ is it still consider noncompliance if your willing to take 2 out of 3 tests for a logical and medically noted history?
I have to give a urine sample every month when I see an MD in order to get an Rx for pain meds needed for a blown-out spine. According to the lab results, there was alcohol in my urine sample. Only problem is that I DON'T CONSUME ALCOHOL (etoh) IN ANY WAY, SHAPE, OR FORM. How can this happen? The lab results are inconsistent. One month they will show ETOH, next time not. MD keeps threatening to refuse to renew my Rx for meds. How in the world do I protect myself? I even paid out-of-pocket to get blood and urine samples tested at a different lab. Of course, the results were both negative for ETOH. I'm not diabetic, so ketoacidosis is not a factor. I just can't figure out why this is happening. I don't consume ANYTHING with alcohol in it. I have never even smoked or consumed weed. I have led a ridiculously clean life. This is seriously driving me crazy! Can someone help me with this before the MD decides to not refill my med Rx?
There could be alcohol in some household products that you use, like mouthwash, hairspray, gel, cologne, etc, that may be registering in the sample. Or it could be that his machine needs to be calibrated. It’s completely within the doctor’s discretion whether to treat you, so you may need to find a new doctor if you can’t figure out why this is happening.
The sobriety tests are really difficult, and are designed to trick you. For instance, if you have to count you have to say “1 one thousand, 2 one thousand, etc” instead of the more common way of say it “one thousand 1, one thousand 2, etc”. Never let them search your vehicle even if you have nothing to hide. Most cops are good people, but not all.
Great imagination. If they were, why does every state in the US accept them. The police didn't create them either. They've been challenged hundreds of time but you know more.
Should you refuse a breathalyzer test if you don't drink at all? I've been pulled over more than once and asked how much I've had to drink. I don't drink so I thought I'd have nothing to worry about. But I hear their portable roadside testers are very unreliable.
I took it after being stopped and I passed it and I was let go. Another time I was taken to the police station and took it and passed it and I was let go.
I'm sober, but the picture behind you is crooked and the sofa is crooked or the camera is not quite level or something. This is making me a little dizzy.
You're drunk! LMAO
When you speed you have a sign that tells you limit and a speedometer that says you are in violation.
Being under the influence how can you tell you are in violation?
Your judgement is impaired!
An officer once told me, "if you have to consider if you are under the influence, then don't drive"
Thanks for the video! Im trying to learn as much as possible about DUI!
And law in general knowing your rights should be in the driver's ed book. People get there rights abused way too often these days.
she said "and my response is... Who do you think you are?" lmfaoo
I learned the hard way that refusal to take the breathalyzer test in NC, results in an automatic one year suspension of your drivers license.
Did you still receive a DUI? If not & I don't drive/ride drunk but I'd take a 1 year suspension over a DUI any day of the week.
@@lifeon2wheels837 hell yea I refused everything and I'd rather a license suspended than anything else
@@NB-ir1me I don't drive drunk but if I ever did, I'm with you 100%, I'm refusing everything.
Here's my dilemma. I don't drink alcohol, EVER! I'm a lifelong asthmatic, who suffers from chronic bronchitis, so I've never smoked anything. But if I get pulled over in NC, the cop will take one look at me and assume I do all of the above. And my California license plate probably won't help me. So what do I do? Do I take the breathalyzer and hope it works properly? They are notoriously unreliable. Or refuse and and deal with possibly losing my license? Can NC take away a California license for refusal? I'm planning an extended road trip later in the year. NC is one state I'll be driving through. I will be consulting a DUI lawyer before I leave home to get as much specific information as possible.
one time a cop pulled me over for right on red without stopping. he came up and asked if i'd had anything to drink. i said "i don't drink". he drew back in kind of a funny way for some reason. i hadn't been drinking, but my license sticker and insurance had both expired. he told me about the sticker and didn't ask about insurance and just let me go with nothing. i don't remember if he ran my license or not. i suspect if i'd stated some legalese and clammed up it would have gone a lot worse...
MI still has a 0 tolerance limit set at the lowest measurable point. A malicious double-standard with alcohol's limit. Considering so many cannabis consumers. Then can people busted on faked DUI training, qualify as a class for a class action lawsuit in Michigan?
You don't have to turn your car off like she said. At night it helps to keep it running while you keep your headlights on for safety. Then if the officer asks you to turn it off, you can ask if he also wants you to shut off the lights as well. Also, you won't always get arrested for refusing to take the tests. You probably will. I just a kid stop taking the test because Harvey Freebird told him behind the camera that he doesn't have to. The police let him go home.
How do I avoid getting one? Don’t drink and then drive. WAY TOO EASY.
Nicely explained, Audio volume could have been bit higher. Thanks
Turn your phone up lol
I live in Michigan,this is a very informative video.
Thank you for posting this video it was very informative
Check your own state. MN i just looked up, and is vastly different.
If they forget to read you the Miranda rights will you still get in trouble
What happens when you’re parked?
I would just like to comment to be MINDFUL of your state laws. Some states require you to submit a breath sample into a PBT which is backed up by implied consent laws when you obtain your driver's license. In my state, its a misdemeanor (arrest-able offense) as well as one year revocation of your license if you refuse.
Absolutely. Every state has different laws and this information only applies to Michigan. Thank you for reiterating this very important point!
This should be taught in schools. Every cop and judge here in upstate NY when they get caught refuses everything.
Basic civics.
And basic rights as well!
What if they say that they they smell alcohol?
What happens if you haven’t installed interlock device after two years of dui
Wondering since you said Michigan law, is this how you should handle the police in all states? I am Wisconsin.
What's the legal definition of the term "operate" or "operating"?
They sit accross from bars and steak them out ive even heard of them sending decoy coos in the bar and they call out who is leaving and wutbcar ur in
I got an OWI and I refused everything amd they got a warrant to draw my blood