Can the police use refusal of field sobriety tests against you?
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- Опубликовано: 6 сен 2024
- Can the police use refusal of field sobriety tests against you? Board-certified DUI lawyer Ben Sessions of The Sessions Law Firm discusses why the police (and the State) should not be permitted to use your refusal of field sobriety tests against you in a DUI case.
If you're watching this video, you should watch the oral argument that we have posted from State v. Whitman, which was argued by Ben Sessions. In State v. Whitman, the Georgia Supreme Court will address whether the State may introduce evidence of a Defendant's refusal to submit to field sobriety tests. In DUI cases where a suspect refuses to submit to field sobriety tests, this is an important issue and a part of the case that the State attempts to rely upon heavily.
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FSTs are voluntary. You can not be compelled to perform a voluntary act.
Refusal can not be used to incriminate you, that would be converting a right into a crime.
Refusal can be used to deny you a license to drive. There is no right to drive on state and federal roads or highways.
@@tonyheaton4941 wrong. We have a right to freely travel. That can easily be fought
@@joshhigdon4951 , Nothing I said denies your right to travel freely. You do not need a car to travel freely.
The U.S. Constitution, Article 1, section 8, gives the federal government the authority over "post" roads. Unfortunately, you, me, the rest of the citizenry, and our ancestors have allowed Governments, state and federal, to go beyond the Constitution. We are so willing to give up liberty for perceived safety, as again proven by the plandemic, that we don't consider the consequences of what we are doing. We will never reign them back into the confines of the Constitution.
@@joshhigdon4951, Exactly, Tony is moron.
@@tonyheaton4941 >Refusal can be used to deny you a license to drive.
You CANNOT have your license suspendedfor not submitting to FST.
You CAN and likely will have your license suspended for not submitting to blood or breath test.
The Police NEVER take Field Sobriety Tests when they’re charged with DUI.
That should tell you something about Field Sobriety Tests.
Yes, and if they ever get arrested they assert their 5th amendment right and STFU until their lawyer gets there. Never answer questions. Whatever you say is only going to be used against you.
@@MeNatalieMarie if they ask me i tell them i want a lawyer now & take me to jail cuz i will sue any ways
Told me everything I ever needed to know . This very comment is always my example I post in regards to the topic . Great advice .
I was stopped once for crossing the horizontal line at a traffic light by 18".
I asked the cop for probable cause and he stated that my having stopped long might indicate that I was under the influence of alcohol or other drugs. Would I take a coordination test? I said no. Would I take a breath test? I said "no but I'd be happy to submit to a bench test at any police station. He then asked where I was going and I replied that I was asserting my 5th Amend. right to remain silent and would respond to no further questions. He asked whether my lawyer had advised to say that trying to make me waive privilege. I remained silent. He checked my license, regist. and ins. then said, "All right you are free to go." It was raining hard. I said, Have a good evening, officer" and drove off slowly signaling my movement from the shoulder to the roadway.
You were drunk.
Medieval Knievel your saying only white people are smart?
What's a bench test? A blood test? A breathalyzer test? A test to determine whether you can sit on a bench without toppling over?
Implied consent law in Massachusetts:
Massachusetts law stipulates that if you legally operate a vehicle and are legally stopped within the state, you have already inherently consented to a breathalyzer test or a blood test. Refusing this test gives the officer the right to immediately seize your license and suspend it. This, however, can be contested in court.
I think that’s the case in NC because I have heard a friend of mine who had several DUIs in the 90’s say refusal to blow results in automatic license suspension here.
But, a field sobriety test is not a breathalyzer test or a blood test.
I think you are confusing FIELD sobriety tests with alcohol and other intoxicants measurements conducted at police stations.
They are very different. Some states allow the police to seize one's operator's license for refusing a bench intoxicants test. I don't know about Mass. but in other states the police then issue a 30 day license so that the driver will then be able to legally drive while challenging his arrest.
The feild sobriety test is used to gain probable cause for a breath or blood test. In most states the officer must have probable cause to order a breath or blood test. Once PC is established, it is only then that you cannot refuse.
@@unavailableusername9694 One should always decline any sort of field sobriety test and agree only to a "bench" test. I would want my attorney present for that.
In Indiana the only test required is the breathalyzer.
Breathalyzer at the station (certified machine) or hospital. Filed breathalyzers are not mandatory.
I thought lawyers were supposed to be smart? Why would you argue 4th amendment when using a refusal against the person violates the 5th amendment. You cannot be coerced, compelled, threatened, or in any way influenced, into being a witness against yourself.
It comes down to what the judge allows them to do and allows them to get away with
And in Texas, the only qualifications for some judges is just one thing, get voted on. Our JP is a career photographer 🙄
That's why there are appeals courts.
I have a question regarding Colorado. Back around 1970 the "Implied Consent Law" came onto effect. As I recall, we had to sign an agreement to get a license. If requested, we'd give breathe ,blood ,or urine. Refusal pretty much got you in about the same trouble as a DUI.
I'm not a lawyer and that was over 50 years ago..
There has to be something so we don't drive drunk. I'm OK with that. If my BAC is over the limit, I earned my trouble. I don't blame anyone else. I'm good with the cop doing his/her job. Too many people die. I won't refuse to give a sample. And FWIW, I'm 70 and I have never failed . Clean record.
But like I said,I'm 70. Volleyball destroyed my right ankle, A motorcycle,my left knee. Some years back,after a fall,I had vertigo. Closing my eyes under the shower,without my horizon my equilibrium goes wobbly. I can go a week without a drop of alcohol and I still have to lean against a wall or hold something to put my pants on standing up. Its called "Getting Old" I don't want to jump through hoops on the side of the road.
What I want to know is can I refuse the roadside IF I'm willing to blow or bleed or pee in a cup? Will those fulfill my "Implied Consent?"
And PLEASE!! No amateur opinions! Only answer if you are a lawyer or LEO.
Law has nothing to do with police work.
I appreciate your Honesty on this.
I'm watching this video 3 years after it is posted. To the person in the video,
WHY did you challenge the FST refusal, based ONLY on SEARCH CONSENT?
WHY didn't you ALSO challenge on self- incrimination grounds?
Such a great question. I have the issue you're discussing on appeal in front of the Georgia Court of Appeals now. The short answer is: I missed it. To be fair, the rest of Georgia had, as well.
@@BenSessions Thanks for your honest reply. We need a "super brain" computer that can use circuit/state/local along with type of case to 'digest' the 'enormous' amount of case data. IMO, we also need a device to 'slap silly' any judge (including SCOTUS) that even considers QI.
I have traumatic brain injury from 1997 fall from 3rd floors to the ground it causes me to lose my balance if I do some of during tests my show you this
Yes I think so and may take blood from you I think.
In California, by applying for a license you automatically consent to testing if arrested on suspicion of a DUI, and a refusal at that point is an automatic 1 year license suspension. If you’re under 21 or are on DUI probation, then the field sobriety and PAS tests cannot be refused.
It is one of the most common misconceptions that citizens have. You should read Missouri v. McNeely.
@@BenSessions There’s a thing noted in that case called exigent circumstances, and sorry to break it to you but if you’re suspected of driving under the influence, there is a likelihood of someone getting harmed, which falls under exigent circumstances.
A chemical test is required in all 50 states after you’ve been arrested on suspicion of a DUI.
Many other states actually have similar laws on this. In fact, in Nevada and Utah, you have to take the preliminary breathalyzer otherwise you can be charged. California only requires the preliminary breathalyzer and field tests if you’ve already been convicted of a DUI and placed on DUI a probation OR if you’re under the legal drinking age. Wisconsin also requires the field tests and preliminary breath test if you’re driving a commercial vehicle. There’s always going to be certain circumstances where they can apply any sobriety tests fall within the parameters of the constitution. Sobriety checkpoints have been ruled as completely constitutional for this reason.
Any cop you watch being offered a FST refuse revoke the 5th and wait for their lawyer .NEVER SUBMIT NEVER SPEAK NEVER TRUST A PIG CAUSE A PIG IS A COP
Exactly what I will always do . And 99.9% of all pigs 🐷 👮♂️ pulled over do exactly what you say they do there’s tons of videos supporting your comment.
Is a refusal to submit also a right under Ernesto J. Miranda V. State of Arizona. "Right to remain silent"?
No, the 5th Amendment's protections are not applicable to this evidence.
you may wish to add in future videos that much of this depends upon the jurisdiction and state ...
What about Idaho?
There ARE cases not "there IS (there's)...cases". DUH!!!!!!!!
Can the police yell and scream at you while they are explaining the field sobriety tests to you and while you are performing such tests.?
You could use the NHTSA own words regarding the poor statistical accuracy (inaccuracy) of the field sobriety test and the limitations thereof. You could state that the defendant refused the field sobriety test because it was a request, not a lawful order. You could state that the field sobriety test is an intentional attempt by the officer to manufacture falsified evidence.
Accusing an officer of a felony just because he asked you to perform a FST is ridiculous. Paranoia is never looked upon favorably in court.
Or just don’t take their “test.” It is just them gathering evidence to be used against you. Don’t give it to them.
If it means getting arrested then get arrested. Paying to get a bond and getting your car out is much cheaper than getting out of the DUI you WILL get charged with if you take their fake ass tests.
What about AZ pima county or Tucson or the state of AZ?
I hope if they are arresting you they have more than you refusing… like odor of an alcoholic beverage, stumbling, slurred speech, divided attention, and so on.
Dang that head is Shiney
That is the TRUTH. My kids are always laughing at my greasy skin. :)
That's that high pro glow!!😂😂
That’s Sweat equity bruh he’s got that Saul Goodman law firm in back of
the nail 💅 salon 💇♀️ grinding .
Sir, I live in Minnesota. What is your opinion of Minnesota's "Implied Consent"? Thanks.
If you don't say no you say yes
There is a lot of case law in MN challenging the implied consent notice.
#DUI
#DUIlawyer
#DUIroadsidetests
#GeorgiaDUI
#GeorgiaDUILawyer
#GADUIfieldsobrietytests
In a lot of states it's a automatic suspension of your license for refusing these test. So check your state laws before you refuse.
One does not need a license to use your personal property to travel on public roads anyway. Driver's licenses are for drivers. Drivers are people on public roadways for commercial purposes.
@@jordan19862000 WOW,,,, Just wow. You give people bad advice.
@@quickchicken506 Its the truth. You're asleep if you don't realize how this works and how many traffic tickets work off of contract theory. So many videos of folks trying this out successfully and even educating police on the matter. But by all means, keep living in the matrix
@@jordan19862000 Go to arkansas and try that.
@@quickchicken506 He's a sovereign. Not worth the time debating with him. Let him dig his own holes.
In NJ they will give sobriety test at police station after arrest ( no vehicle stop !) If you had one drink they will retest you till you go over limit. No vehicle stop required ! Arrested standing on the street and you get 2 DUIs. My heroes 😡
You get tested at the station in GA as well if you fail a field sobriety or breathalyzer test on the side of the road. Matter of fact my attorney, here in GA, advised me to NEVER take a field sobriety test or a handheld breathalyzer test as they can be highly inaccurate. The test at the station is the most accurate machine to be tested with as it has to be calibrated and such every day.
@@Mox3712 Did your lawyer pay to get your car out of impound ??
@@quickchicken506 again I would rather pay impound on my ride over a DUI based on. Subjective test given by a cop. He took a six week course in “law enforcement” where he learned all of the law, how to shoot guns, how to use a tazer, how not to lose the gun,and how to drive. All that “training” in just six weeks…
Those tests are just evidence gathering tools for the cops. Don’t take them.
@@josebrown5961 WRONG. Police training takes on average 21 weeks. Not 6.
@@quickchicken506 Okay 21 weeks…Still not enough time to teach them how to know how to give an FST.
They spend their time learning how to shoot, and how to keep from getting their weapon from being taken from them. Important things.
Maybe not, but a Prosecutor WILL hold it against you in court.
Yes they can. In every state
What about in New York?
New York's state constitutional right against self-incrimination would not protect a Defendant.
It's called "implied consent" Look it up. People need to call their own states court house or a real attorney.
Here in California, implied consent only comes into play after being arrested for DUI. It is also only for the collection of blood, urine, or a breath test.
A field sobriety test is not considered part of implied consent. If I was ever asked to submit to a field sobriety test, I'd refuse.
@@dmattox11 Yeah. And you go to jail, Your car gets impounded and you have to pay for the impound. Real smart.
And you can revoke that consent at any time, just like consent to search.
@@heroesandzeros7802 I stand by what I said.
Maybe you should look it up before you start implying that this guy isn't a "real attorney" I'm sure you know more about the law than he does 🙄
All U.S. states have driver licensing laws which state that a licensed driver has given their implied consent to a certified breathalyzer or by a blood sample by their choice, or similar manner of determining blood alcohol concentration.[1] Implied consent laws may result in punishment for those who refuse to cooperate with blood alcohol testing after an arrest for suspected impaired driving, including civil consequences such as a driver's license suspension.
Your implied consent is to provide a blood alcohol test. It has nothing to do with field sobriety tests. You can not be penalized for refusing to take field sobriety tests. The most they can do is try to submit that as an argument to the court that you wouldn't take FST's.. in which case your video recorded poor performance on the FST's is usually more damaging to your defense than your refusal to take them would be. Especially since FST's are completely voluntary.
Try to not be so arrogant in the future. Or at least know what you are talking about before you insult others.
Seems to me this attorney cost his client way too much money if he billed for this odd legal argument.
Remember that time you made this comment and it turned out that you were completely wrong?
They just strangled someone to death over it!
Get a 360 camera
What’s the requirements in Kentucky?
Thank you in advance.
Google it.
in the Netherlands if you refuse to cooperate you will automatically receive the highest penalty
Thx for the Tip. I will remember this when i visit the Netherland (I live 30 km away)
@@Knautschfriese or dont drink
@@pltopper771 I drink at home, when iam not traveling. So, thats no problem
@@Knautschfriese good man
@D Chester Mh?
Yes, they can and WILL use the refusal against you. They can also shatter your window,, drag you out of the car, and beat you up. Sure you'll win at trial 2 years later, but what good is that? NOTHING will happen to the officer.
If you believe in the constitution boycott carhartt
Then u can refuse field sobriety tests without question. 🥴
The only problem is, if they are drunk driving then they SHOULD be prosecuted and have a refusal on the record. My ex wife is a recovering alcoholic and there was a time, before she started her recovery she dropped our kids off at the daycare (already divorced) just sloppy drunk and reeking of alcohol. She refused.... that was about 25 yrs ago in Wisconsin. She received ( rightfully so) a refusal ticket which carried all the penalties of a drunk driving..... BUT she had no drunk driving on her record, or the stigma it brings.... Wisconsin, a state made by drunks for drunks.
how do u become a lawyer, u cant even explain properly
That’s fair. Good luck to you!
But but but there good officers and bring in lots of fine $$$$
It doesn't matter if they can or can't. The police will do whatever they want.
And after they violate your rights you sue them
@@terminator6596 what if you get a cop-lover as a judge?
Appeal
If you refuse a field sobriety test, it may be because you have a balance problem ... low blood pressure, that kind of thing. But if you refuse breath or blood tests, then you were driving drunk. You should lose both your license and your vehicle ... for good.
The police need a warrant for your blood
Another "how to drive drunk and get away with it" video.
Your mis interpreting this whole thing the whole point is so that you don't seld incriminate your self it's the same with staying silent when an officer ask you even the basic of question they may seem genuine but the whole point is do that you may say something that when they do take you to court they will cite what you said, same with the sobriety test taking it which is volunteer is to self incriminate one self more proof used against you, seen many cases where sober people take the test and they will fail in the officers eyes just because any small mistake
Perhaps you'd prefer a legal system where an innocent person doesn't have every opportunity to escape wrongful conviction?
@@georgevanhoose6333 Perhaps I would prefer a legal system where guilty people don't get away on technicalities.
@@gwine9087 What you call a "technicality" is actually cops doing things wrong. You should be mad at the cops who drop the ball, not the lawyers whose job it is to represent their clients' best interests.
@@gwine9087 Answer me this: Do you think it's a bad thing for people to know their rights when dealing with police?