Should do a video on boating and the field sobriety test on the boat I've seen the ones out of Florida and the test are insane There is no possibility of passing one of those tests
I have a friend at work who went to jail for DWI for refusing a test. He was handicap. He had only one leg, and the police officer wanted him to walk in a straight line. He had a prosthetic leg. Because he told the officer he couldn't walk in straight line, the officer arrested him. The judge threw it out.
I was. I got arrested for having a prescription for Suboxone from my doctor. I refused to take any tests and did not. I was as sober as the cop that arrested me.
@jerryking8877 If you're taking Suboxone, you're not sober, and you are under the influence of a controlled substance. you are an at risk driver while on this medication.
I was stopped and performed the tests. Expressed my nervousness, medications, and previous leg injury. I never swayed, didnt use my arms for balance, and i thought I completely crushed it. Still was asked to blow and was thankfully let go after that. I knew the tests weren’t in my favor but decided to roll the dice because i was confident i was right. Didn’t know how rigged it was, don’t think i’ll do that again.
MADD gives awards to the cops who make the most arrests. MADD in turn makes money off the arrests because they collect a "participation fee" from every defendant ordered to attend a MADD victim impact panel, which is virtually all defendants, and it artificially and grossly inflates the problem of DUI. When they can cite a large number of arrests, this drives urgency in the mind of the public and creates justification for fundraising events such as walk-a-thons, concerts, and car shows. MADD is a brand and they want to spread their brand and sell their product as much as possible. Thus, they encourage cops to arrest everyone, not just actually impaired drivers. It's just easier that way for the cop. He doesn't care that he's devastating an innocent person's life, he gets an award and maybe a merchandise prize from MADD and his department gets grant money. Cops will ignore evidence that is contrary to a notion of intoxication. They don't want to make the accurate decision (there is no incentive to), they want to make an arrest. Take it from someone who has been arrested for DUI numerous times and has dealt with these police shenanigans first-hand and has nonetheless fought them successfully every time, but at great expense. Even with having never been convicted, it has been devastating to my life. DUI enforcement is now largely a corrupt racket. There is a whole industry that feeds off of people being arrested for DUI, whether they're actually guilty or not.
@@bradmaas6875 right. But I drive across country, mostly at night, sleep in small towns in my car. Have small town Police stop by. They never check my id, ask me to get out, often apologize for bothering me. But they arrest people who are not impaired? Tired is impaired.
That's the fastest way to go to jail. Just say you envoke your 4th and 5th amendment right to remain silent, then ask if you're detained or if you can go.
@@clickitcool3679 - As soon as they ask you to perform tests they're already planning to take you to jail. So you might as well get in all the insults you can.
With the Salem witch trials, there were fake self-professed experts with phony science as to how to identify witches. Witnesses would give testimony as having happened things that didn't actually happen to justify charges and try to get a conviction. It's no different with DUI today.
I don't think the laws have change that much, it the police/sheriff operation and of DUI enforcement has went south. Just look at Galanaki(sp?) they will run that guy thru the tringer and noting personal happens to arrest who was 100% wrong.
@@KeepYourSillyPronouns In reality there are fewer DUI fatalities today vs 30 years ago. Is that due to DUI enforcement or safer cars & safer roads? IDNK. What I know, CA and TX have the highest rates for the nation and that is merely due to these 2 states having the most roads and most drivers. What I do know is that a lot of stupid DUI arrests are issues for drivers for minor minor issues and a lot of cases are thrown out or plea bargains in courts. In my county which follows the state average, 15% of the DUI arrests are thrown out ( lack of evidence ), 85% of the remainder are pleaded out, and those that are not and go to trial, the state has a 90+% conviction rate. These numbers are for 1st timers with no serious injury or fatalities to others.
@@danliberty734 that, unfortunately, applies to most of us, like it or not. I've always believed even a fish wouldn't get in trouble if he kept his mouth shut.
Great video but a point I would make is that field sobriety test are not pass or fail. You can NOT pass it in any way. They can only harm you since they are meant to be administered so the officer can make observations on your performance. …. When they say, “Sir, your eyes look a little red. Have you been drinking?” … just reply, “Officer, your eyes look a little glazed. Have you been eating donuts? “
The cop definitely wants to arrest you because he gets overtime pay and awards from MADD, and his department gets grant money from the NHTSA. The cop simply says it is his "opinion" that you are impaired. Cops may purposely not administer the breathalyzer in order to claim refusal. In many states, a (alleged) refusal can be introduced at trial as the basis for a (rebuttable) presumption of consciousness of guilt. MADD makes money off of people being arrested for DUI. That is their whole source of revenue. More arrests means more money. They don't mind that innocent people are being charged. The important thing is MADD gets to sell more court-ordered seats to their victim impact panel, at $50 to $100 or more per person.
I don't drink nor smoke nor ANYTHING. A cop in Roswell, GA pulled me over because HE thought I swayed in the lane while changing from the lane of travel to the turn lane. He wanted me to do the field sobriety tests. I refused, and he said, if you refuse, your license will be revoked for one year. I aced all the test. He decided I was just tired, and let me go.
Refusing to take the roadside tests is certainly a choice one should consider. Where I live refusal to take the tests will immediately result in 1) Arrest 2) Having your vehicle towed 3) automatic suspension of your driver license for 6-months; and this all happens even if you are not ultimately convicted on a crime. Errata - there's a casino on an Indian Reservation not far from where I live. The casino gives out free booze to gamblers. It may be watered down booze but it still contains alcohol. The State and Local Police vigorously stop cars on the highway that passes through the casino for sobriety testing even if you aren't exhibiting any driving anomalies. I haven't had a drink in decades and have been stopped on that highway numerous times which always worries me. I actually told the trooper "I don't drink and NO I was not at the casino. Why did you stop me?" Of course I know why he stopped me, but that's besides the point. This highway is a massive revenue collection zone. I worry that this particular officer may be dishonest and pop me for DUI/DWI and it will be my problem to disprove the charge. Oh, and let's not forget we have plenty of Attorney's that specialize in DUI/DWI cases and who get $5000 dollars up-front to defend you. I'm not making this up. I know two of these attorneys personally. $5k up front.
My lawyer won the case when a cop tried to blame me for being DWI while driving. Here is the kicker, I don't drink, I never drank any alcohol. 🤷♀ But the cop blamed me anyways. He had me take the field test and marked me as DWI. Again, I never drank in my life. But he still blamed me after taking the test. When my lawyer caught up to him in court in front of a judge the lawyer asked a few questions that crumbled their case. And those were, Lawyer, Are You a doctor officer ? Officer, No. Lawyer, Do you hold any medical license whatsoever of any kind ? Officer, No. Lawyer, then why are you practicing medicine without a license on my client ? Officer, I was giving a field sobriety test. Lawyer, But you do not hold a medical license, you are not a doctor. So why are you practicing medicine on my client ? State Layer, Objection, badgering the witness judge. Lawyer, Judge, I am showing the court that the officer here is practicing medicine without a license, as the officer is not an expert in the medical field, to say that my client was ever under the influence and proceeding to have my client go through a physical medical test on a side of a road from someone who is not a doctor or holds a medical license. Which should make this case unfounded and should be dismissed because the officer is unlawfully practicing medicine without a license, judge. Judge, overruled continue. Lawyer, thank you, judge. State Lawyer, Seriously, judge ? Judge, I said, overruled. As a matter of fact, this case is dismissed. You may step down, officer.
I had a brain tumor removed in 1989, required taking my vestibule nerves out of my brain stem. If a cop wants me to do a test, he bettrer be ready to catch me or their will be one hell of a lawsuit.
So what you’re saying is that if I get pulled over and I’m perfectly sober I’m still going to jail? The test is very flawed and almost certainly shows guilt regardless of intoxication and if I refuse it I’ll be arrested for applied consent law???
One point I think is key here isn’t that this will keep you from going to jail. A cop in a bad mood will bring you in. This advice will keep the burden if proof on the government and greatly increase your chance of having the judge throw it out. Frankly if you have the presence of mind to say what he suggests at the end of the video to a cop, it kinda supports your sobriety right there.
Thank you so much for pointing out that your license will be suspended whether you decline the tests or take and fail the tests. Whenever I tell people to refuse the tests they always say, "but they'll suspend my license if I refuse."
A study 30 years ago showed that 20 hours without sleep makes it impossible to pass a field sobriety test. After it came out, the courts in New Zealand (?) began holding employers liable for sending home or to work employees who had worked too long without sleep. Will power and caffeine did not work! Reaction time, hand eye coordination and judgement were all impaired dangerously.
As an older, overweight person, I can't do the balance tests (walk & turn and one-legged stand). I've tried these a few times at home and I can't sustain my balance through them. I also know that I would do worse when you add in stress and adrenaline during a traffic stop. As an aside, I saw one DUI stop video on RUclips where the driver noted that the officer swayed while demonstrating the walk & turn. The person question why the officer was swaying while only demonstrating three steps in the walk & turn, so the driver asked the officer to perform the entire walk & turn. The officer refused (repeatedly) to do the full walk & turn with nine steps. The officer kept insisting that they are only required to demonstrate using three steps.
I would and have refused road side sobriety test and informed the officer that I'll gladly submit to a blood test,and asked him if that's why he pulled me over,in both cases the answer was no,so then I asked then why the drinking questions,I both cases the matter was dropped and went on to ticket me for the so called traffic violation they supposedly pulled me over for.
I had a friend who did these tests and additional tests (like all of them - I was there) and he passed them and was still arrested. They wouldn't let us drive his car home (we were two miles away) and insisted on towing it. He said that he watched the tape during the observation period as they were copying it (this was 30 years ago) and he said he passed them. As the legal process went on, it was found that the state "lost the tape." This was clearly because he did pass the tests and this would've been used to acquit him. He did blow over, so the state ran with DUBAL. But, passing the tests would've shown that he wasn't impaired, negating the reason to blow in the first place. Alcohol affects people differently, so it's completely arbitrary. It was reduced to a reckless. But, he still got railroaded since most first-offense plea situations go there anyways. He is still ticked at his attorney because the case should've been dismissed due to loss or destruction of potentially exculpatory evidence. He was just too young to know any differently. That night sucked both for him and for us.
I've never seen the police have someone take the field sobriety test and then let them go. When police ask you to take that test they have already decided to arrest you whether you pass it or not. So I will never take it.
I agree - however there are police/sherrff/state police departments that offer incentives for DWI - so your advice wouldn't factually matter. What would you advis e then? Not drive? Not get a license to drive? Not be a law abiding citizen? Not exist? that seems rather restrictive, no? Just wondering.
In college, the local police departments dui expert came to give a demo of their tests to 6 college students that were drinking. We all did the sobriety tests, at 6’4” I was the only one that he said he wouldn’t breathalize, I think because of my size. I blew a .14, was drunker than crap. Passed the pen test by rapidly looking at different points, instead of following his pen. YMMV.
I am disabled with failed shoulder surgeries and broken lower back, I am losing balance sometimes when walking also I can't stand on one leg, so their physical sobriety test is a no no for me I can't pass it sober( I had a Cop friend do one on me and I failed sober),but I can provide by CO2 when I exhale in other words blow in the a machine that's it, but the good thing is I don't drink at all and when I did drink I didn't drive zi have a CDL for over 20 years and take no illegal drugs so I got nothing to worry about also I know to keep my mouth shot, I seen those videos where sober people got arrested for DUI because of Cops suspicion
You don't have to justify why you shouldn't be made to perform an FST, though simple refusal, followed, if they persist in haranguing you to do them, repeated utterings of "Go Fuck Yourself!"
@@danielwright444a cop left theirs in my friends car and so we'd play with it and tons of stuff would set it off. They're definitely not the most accurate things. We tried different ways to get it to show lower results... like the old penny trick. That didn't work lol.
I have personally seen a portable test show someone drunk that was completely sober. The main reported the correct number with the calibration gas. The machines can go bad. Cops can charge you with DUI for using your medication as prescribed. Cops pretty much can arrest you if they want to do so.
Went through these tests in 02...passed all of them in front of 5 witnesses...still ended up at CHP office and passed still more testing. The officers Lt. On duty said it was up to the officer if I went home or to jail. Guess which one? Cost me $$$...my job, lost my license for over 3 yrs. NEVER submit!!!! Make them warrent up!
I'm in my late 60's. I don't drink, don't smoke, don't do drugs. If I were asked to do some of these sobriety tests like walking a line, I would miserably fail. I've never had a good sense of balance and it's only gotten worse with age. What would I have to lose by saying I can't do the field test but give me the breathalyzer? I'd have to blow a 0.0 as I haven't drank anything since my teens.
I'm 74. I've never been arrested. I've never been in an accident. I've never driven under the influence. But it's very clear that these roadside tests are subjective and unscientific. Just by having somewhat diminished balance and coordination would probably make them fail me. I think it should be legal to to refuse these tests, and insist on a certified breath or blood test.
License suspension is for 3 months if you turn out to be over the limit, but if you refuse the blood and breath tests, it's going to be one year suspension. So on the road I would say; "breath test is okay, but I rather not perform a sobriety test, officer, bc I'm not sure if I can do these things properly, since these tests are difficult even for people who have not been drinking"
When my cat wakes me up in the middle of the night, I crawl out of bed and try to walk to the door. Its very common that I walk into the coffee table, fall over a chair,, and stub my toe on the leg of my couch.
Retuse FST, absolutely. But there's more than one person here trying to trick you. The cop that wants to arrest you, AND the attorney who wants 10 grand to go to trial on this. If youre sober, take the blood test.
“No officer, I will not be performing any field sobriety tests.” “Why not.” “Because- *I don’t trust your biased opinion *Sober people fail them all the time *Im too old to play Simon Says
I have a really good implied consent law question. If you are from California (or any other state) and get pulled over for a suspected DUI in another state, lets say Nevada, and they are trying to use the implied consent law of Nevada against you which is different than California, can they compel you when you NEVER agreed to the implied consent laws of Nevada since you dont have a Nevada driver's license? Yes you are in their state but implied consent laws are agreed to when you obtain that state's drivers license which you never did because your not a resident of that state.
Not a lawyer, but I'm pretty sure the answer is no. The suspension for refusing, and a conviction for DWI, are different things. Refusing it its own violation drunk or not.
I quit drinking 20 years ago. That in and of itself is no guarantee, but it VASTLY improves my chances of going home versus being falling down drunk in the first place. After years of dealing with police the hard way I learned to show basic respect even when I know for a fact the officer is a complete schmuck. I don't argue, don't try to BS my way out and I look them straight in the eyes. I quit drinking 20 years ago because of multiple DUI convictions.
I'm 80, I tried walking a Strait line. I couldn't. IF i was pulled over for suspected DUI, After Providing the Std ID, Insurance, Registration. I would refuse any Testing, and tell them I claim the fourth & an attorney be present.(I don't Drink Alcohol, OR Use any Drugs Other than my Heart Meds)..👎🤔 Your add for the shaver just failed, with that semi Beard.🤣🤔..
In my state, if you refuse a blood test it's game over and your license will be revoked. Period. I will refuse the roadside tests, and that should make it harder for them to arrest me and I can fight that with a lawyer. But if they do arrest (with our without probable cause), I am not risking being revoked. It'll take 6 months in my state to get a blood test back. In the mean time I am innocent and my license will not be revoked. When the blood test comes back negative, the case will be dropped or I can beat it in court. Am I making a mistake thinking this way?
@@mikehughes8023 What if you get stopped in an implied consent state but your license is not from one of those states? Can they suspend it despite your licensing state not having implied consent?
@@mikehughes8023 Not sure what that is, if you have a Washington state license, it will be revoked if you don't submit to blood test after dui arrest. No trial, no court, just revoked for not submitting to blood test.
@@mikehughes8023 Why would he be fighting a lost cause? Implied consent laws apply to breath/blood/urine tests administered incident to an arrest (i.e. the Intoxilyzer at the station), not FSTs/PBTs. He said he'd be willing to submit to a blood test incident to arrest.
In my east coastal Florida County, there may as well be a curfew after dark. I’ve been stopped, tested and “released” and it went exactly as you describe.
I never drink and drive (I hardly ever drink at all), but (a) I am overweight (b) I am older (c) My coordination was bad to begin with before (c) I broke my back a little over a year ago so (d) I know from months of physical therapy that I could never do the one legged stand or heel to toe without likely falling which of course would not be good for me. Oh, and by the way, with my bad knees, getting out of the car takes some time to get my legs working - all of which cn be interpreted to say the I am under the influence when I am not. So, I am hosed if I get pulled over and the police officer thinks I am drunk.
The problem is an underlying assumption that ALL impairment noted during the tests is due to being intoxicated. They have no baseline to draw comparisons from.
Took tests 2 times, I always sober. One time they took me to the station, had me blow which I passed, if I ever want to drink in the future I will take an Uber. And in future, I will only take the breath test after watching this video.
Another thought here... it's kind of okay that officers can arrest on the basis of imperfect tests. After all, this is the accusation & arrest, NOT the trial. The trial is where the validity of the accusation is tested. In some countries, erratic driving is PC for a forced breath test and they skip all the folderol with gymnastics. Might be better for clutzy ol' me...
HAD TO TELL POLICE FOR 45 minutes that I am not getting out of my car to perform a sobriety test because it is designed to fail!!! The officer kept saying I just want to make sure you’re safe to drive LIAR!!!FOR 45 minutes he persisted! I said I’m not getting out of my car unless I have committed a crime and am under arrest. I held my ground and was allowed to have a friend pick me up after they realized I was not going to submit to their requests This guy is not a real lawyer!!! NEVER get out of your car to submit to these tests PERIOD. And no I don’t need ANY hair care product’s.WOW
If an officer ask me have I been drinking I'm going to say yes officer I have been drinking......I had a large ice tea with my food about 30 minutes ago anything else officer?
34 years ago I got stopped for running a yellow (not red) late at night. Disclaimer, I had a couple but I was far from impaired. They did the pen test on me. It was a joke. Flashlight was right in my eyes so I could only see the pen as a silhouette, cop was wandering the pen all over at random, abruptly changing directions with no standardized motions. Took seemingly forever, I could tell the cop couldn't make up his mind if my eyes were doing anything abnormal or not. Then they had me walk the line. I aced it. I mean I counted off perfectly straight heel to toe steps, then made a perfect about face like a guard at the Tomb of the Unknown Soldier and walked right back with perfect steps. So they gave up on the DUI and wrote me a moving violation. BTW the reason they stopped me for running a yellow was there were 2 units on the opposite side of the intersection ~ 500' from me with their lights on. Whatever the situation was, it was over and they were preparing to leave, but at that time they still had their lights on, and yes I did see and notice all this, but I sped up when the light turned yellow and that pissed them off so they pulled me over. So anyway I guess I had the mover coming, and they definitely wanted to see what shape I was in, but they did not aggressively escalate the DUI process. As I said this was a long time ago, I did not know my rights, but cops were a little cooler then than today. I thanked them for being fair with me. I would never take any more FSTs today however.
The "warrant for test" varies by state. They cannot get a warrant in Massachusetts, and your refusal cannot be introduced at trial - but you license will be administratively suspended.
Thanks Jeff. You could have more business if you didn't help people avoid trouble. True positive character. You would be my guy if I ever need you. But I managed to stay out of trouble for 60 years. Let's hope we never have to meet. Fellow Texan G.
When my cat wakes me up in the middle of the night, I crawl out of bed and try to walk to the door. Its very common that I walk into the coffee table, fall over a chair,, and stub my toe on the leg of my couch. 🐱😻😻
Thank you for talking about this. Me being completely sober would FAIL these walking steps because of my age and the PAIN that is in my LEGS from doing heavy construction lifting of broken cement and blacktop into backhoe bucket. But cops don't care. Remember everyone that the cops just want to Arrest you. Even if you pass the walking and PEN test. Have seen over and over the poor sole just asking questions that is enough for cops to say you resist Arrest. The best defense is stay silent. Everything you say can and will be used against you.
I couldn't pass the FST stone cold sober! But I am able to stand still, pick up my right ankle with my right hand, and stand still while holding my right ankle up. Let's see the jackal do that. If he can't, he gets cuffed! Lol
This is good information, but you should look up your state law about the breath and blood test. Here in Nevada, by accepting a drivers license, you give implied consent to do the breath and blood test. You can still refuse, but he officer can then confinscate your license and arrest you on the spot. They can then take you in and force you to do a blood test.
I'm still not clear on the ramifications of declining a breathalizer or blood test without a warrant. If I request or wait for a warrant, and then take the blood test, does this work in my favor when I go to court and the warrant is seen to be fraudulent, or does requesting a warrant give me the opportunity to sit back and wait for the officer to scramble for reasons that simply don't exist in the first place? If the officer can't come up with any good basis for requesting a warrant for a blood test, then at that point am I not free to go with my driver's license still valid and in tact?
Since my back surgery three years ago, I can't even lift my left leg without grabbing something without falling over. No way in Hell I take a field test!
When you blow below the limit or zero, the cop often still tries to make excuses to still justify making an arrest. He'll say you didn't blow correctly, that you were over the limit at the time of driving, that you refused (he'll press a button to delete the test result), that you were under the limit but abilities were impaired anyhow, or that you were instead or additionally under the influence of drugs. People think not being impaired and even not drinking alcohol at all (and not doing drugs) will save them from being arrested. MADD gives awards to cops and the NHTSA gives grant money to departments for making arrests. If the police cared about accurately determining whether or not a person's ability to drive a car was impaired, they wouldn't lie under oath and use junk science to coerce an arrest. Instead, they would let the person drive a car and see how the person did - not a real car, but a driving simulator. There are sophisticated cockpit simulators to train pilots, so I'm confident a driving simulator is within our technological capabilities. Even one of those sit-down driving video games more closely resembles driving a car than walking heel to toe or standing on one leg. Cops don't care if they are wrecking an innocent person's life when they get their little MADD awards for doing it.
I live in Harris County Texas. A significant portion of residents CAN'T RECITE THE ABC's in English forwards. And even more don't have auto insurance. The predatory nature of these arrests you speak of when considering the overall driving safety situation is quite absurd.
I have seriously bad times at the Doctors office when they need to draw blood. If a cop got a warrant to draw my blood, can I demand it be done at the hospital by a medical professional?
I have a condition called "intention tremor", which is similar to "essential tremors". One of the tests my doctor did to diagnose it was holding a pen up and having me follow it with my eyes. Yeah... I'd fail the pen test every time. And just imagine trying to explain an obscure neurological disorder to a cop while getting thrown in the back of a cop car.
If the officer demands you get out of the car, because the SCOTUS, in 1977, "legislated from the bench", affirming their authority to do so (in reality, the ability to lawfully order a motorist to exit his vehicle wasn't the issue, but what the officer would THEN observe, which gave him the reasonable suspicion to perform a "Terry Frisk", something he didn't have the ability to see with the driver seated in the car. It took 20 years, Maryland v. Wilson, to affirm the same thing for PASSENGERS). But you do NOT submit to an FST, no matter how "huffy" or THREATENING the officer gets! You don't HAVE to perform them! A DUI arrest based solely on (a) your refusal to discuss whether you consumed any alcoholic beverages, or (b) your refusal to perform an FST, is an UNLAWFUL one, and anything that proceeds afterwards is INADMISSIBLE. That's why you always record, Record, RECORD every encounter with the cops, especially a DUI investigation. The "truth" re: FSTs is that you ALWAYS "fail", regardless of ability or performance, the moment of failure is when you CONSENTED. As a generality, if the officer wants to go to the trouble of making you perform FSTs, (s)he's ALREADY decided to arrest for DUI; the purpose for them isn't to objectively evaluate your fitness to drive, but to bolster their case that they had Probable Cause to make the arrest.
Spot on. It's just collecting evidence to backup their claim. "Well see, they failed the FST." Of course they did. The test isn't a test, it's "self incriminate to help us arrest you". They know that the FST can only be passed if they ALLOW it, while pretending that it's an actual test with objective measurements and accurate outcomes. When it's entirely subjective and up to interpretation.
Jeff, love your videos and they are all super informative. With this video you leave some folks with a very tough choice. These implied consent states have a lot of mandatory fines/penalties for refusal to take a breath or chemical test. Some states have automatic license suspensions for six months or more. It's obviously not the same as losing your freedom but a lot of people can't perform their regular responsibilities without that license. Really tough choice here and implied consent is such an end run around the 4th amendment.
If you get asked by a cop to do a field sobriety test the chances of you not getting arrested are about zero, whether or not you agree to take the test, or not. But if you take the test your chances of getting a DUI conviction increases significantly.
Jeff Hampton, this is absurd. DWI/DUI isn't a "trap." What is very illustrative of this point is that there is actually a criminal defense called "entrapment". As YOU know...but may viewers may not, entrapment is when law enforcement tricks a person into committing a crime that they would not have otherwise committed. That is not the case with DWI/DUI. The crime is when a person drinks beyond the legal limit and drives...or attempts to. That crime exists independent of the officer. The officer has no role in the driver actually driving...or attempting to, while inebriated.
The thing that goes through my head, (as the victim of an actual drunk driver), is there's enough real, very drunk, drivers out there that you have no need to be screwing with those that are obviously not dangerous. Go find the guy that has twice the legal limit in his system. The guy thats following headlights like a moth to a flame leave, the guy that had one drink on the way home alone he's statistically not the one that leaves people disabled or dead. The guys I'm talking about you wont have to give them bogus, b. s. tests, they'll be lucky if they can get to the front of the car. The problem is the vast majority ov the new breed of cops & prosecutors these days don't care if they get the guy as long as they get a guy, this is that attitude taken to the traffic stop level, I'm old enough to know it hasn't always been that way.
Reasonable doubt. You are in your house with your attorney and you say “attorney, I hear thunder! You look outside it’s sunny. and you look out he window and say “did you see that flash from the lightning?” And you go out into the sun and you get 1 drop of rainfall on you! That one raindrop is reasonable doubt to it being sunny! So dear attorney it is a miracle for that one raindrop now find that raindrop in all of the govt accusations and turn it into miracle to get all charges dismissed!
I'm ... not really sure what you're suggesting the police do. If you don't want them giving field sobriety tests, and it's legal to refuse the breath test, how are they supposed to remove drunk drivers from the road? To be honest, a lot of this video scans like "how to get away with drunk driving". Where am I going wrong here?
This happened in Nevada before the per se law was tweaked a little. Oh, now that recreational marijuana use is "legal" in many states, I'd love to see a video on the per se laws pertaining to driving while drugged and the f**kery that in some states being impaired is NOT even required to be charged with driving under the influence of MJ!!! Taking it a step further, the person who wasn't impaired but because per se law's determined (with no science behind it)THC parts per million in blood can not be above zero or whatever low number they've pulled out of their behind. Now convicted on driving with MJ in system, the judge ovders an alcohol interlocking device be installed in your vehicle for 2 to years!!! True story.
I wish this guy would have talked about implied consent. If you drive on the roadways of a state it is implied you are supposed to be sober. If you don’t blow in the intox machine you automatically lose your license for a year. It is not a violation of criminal law but it is against civil law.
I have a few questions for you if I may....Why are cops being trained to harassed the people? Why do they get away with this? Why put the people through all of this ONLY to give a slap on the wrist to those who actually do drink and drive and caused bad accidents? Is it a game of Cat and mouse to make money while harassing the people and ruin their lives?
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Should do a video on boating and the field sobriety test on the boat
I've seen the ones out of Florida and the test are insane
There is no possibility of passing one of those tests
I have a friend at work who went to jail for DWI for refusing a test. He was handicap. He had only one leg, and the police officer wanted him to walk in a straight line. He had a prosthetic leg. Because he told the officer he couldn't walk in straight line, the officer arrested him. The judge threw it out.
Yeah but he was arrested, I hope he sues
And nothing happened to the cop...
what a brilliant judge.🤪🤪🤪🤪
@@j.r.8592, never does
Thank GOD for legit and fair judges.. They are becoming more rare all of the time..
I'm not afraid of being caught driving intoxicated. I'm afraid of being arrested driving sober.
I was. I got arrested for having a prescription for Suboxone from my doctor. I refused to take any tests and did not. I was as sober as the cop that arrested me.
@@jerryking8877 What ultimately happened?
No shit. I have to use a cane, I'm f'd. Carry too.
@jerryking8877
If you're taking Suboxone, you're not sober, and you are under the influence of a controlled substance. you are an at risk driver while on this medication.
Tennessee just had hundreds of sober DUIs arrests exposed.
I was stopped and performed the tests. Expressed my nervousness, medications, and previous leg injury. I never swayed, didnt use my arms for balance, and i thought I completely crushed it. Still was asked to blow and was thankfully let go after that. I knew the tests weren’t in my favor but decided to roll the dice because i was confident i was right. Didn’t know how rigged it was, don’t think i’ll do that again.
MADD gives awards to the cops who make the most arrests. MADD in turn makes money off the arrests because they collect a "participation fee" from every defendant ordered to attend a MADD victim impact panel, which is virtually all defendants, and it artificially and grossly inflates the problem of DUI. When they can cite a large number of arrests, this drives urgency in the mind of the public and creates justification for fundraising events such as walk-a-thons, concerts, and car shows. MADD is a brand and they want to spread their brand and sell their product as much as possible. Thus, they encourage cops to arrest everyone, not just actually impaired drivers. It's just easier that way for the cop. He doesn't care that he's devastating an innocent person's life, he gets an award and maybe a merchandise prize from MADD and his department gets grant money.
Cops will ignore evidence that is contrary to a notion of intoxication. They don't want to make the accurate decision (there is no incentive to), they want to make an arrest. Take it from someone who has been arrested for DUI numerous times and has dealt with these police shenanigans first-hand and has nonetheless fought them successfully every time, but at great expense. Even with having never been convicted, it has been devastating to my life. DUI enforcement is now largely a corrupt racket. There is a whole industry that feeds off of people being arrested for DUI, whether they're actually guilty or not.
@@DirtyDog97 - So, in other words, fk the police?
@@DirtyDog97 MADD are a bunch of mad assholes.
How about the 600+ people that were arrested in Tennessee for DUI, and they weren't even drinking?
Strongly doubt that
@@stevenordstedt2535 it’s true. They were not drinking alcohol. They blew a bac under .04, if not lower. But were under the influence of other things.
@@stevenordstedt2535 headlines, do a cut and paste.
WSMV4 Investigates uncovers more than 600 cases of sober drivers arrested for DUI in Tennessee
Almost a third of the 15,000 people arrested are clean, no alcohol or drugs.
@@bradmaas6875 right. But I drive across country, mostly at night, sleep in small towns in my car. Have small town Police stop by. They never check my id, ask me to get out, often apologize for bothering me. But they arrest people who are not impaired? Tired is impaired.
I'm not your dog, and I'm not doing tricks for you.
I'll perform the tests if they pay me. But it's got to be cash, up front.
@@robertgantry2118 And it has to be $500,000,000 it's going to cost them.
That's the fastest way to go to jail. Just say you envoke your 4th and 5th amendment right to remain silent, then ask if you're detained or if you can go.
@@clickitcool3679 - As soon as they ask you to perform tests they're already planning to take you to jail. So you might as well get in all the insults you can.
@@robertgantry2118 Wrong. Be polite.
They have no baseline to compare your performance against. This is no different than the Salem Witch Trials.
With the Salem witch trials, there were fake self-professed experts with phony science as to how to identify witches. Witnesses would give testimony as having happened things that didn't actually happen to justify charges and try to get a conviction. It's no different with DUI today.
It’s come down to failure to distinguish the difference between right and wrong…
What happened in Tennessee illustrates this perfectly.
DUI laws have gone too far.
I don't think the laws have change that much, it the police/sheriff operation and of DUI enforcement has went south. Just look at Galanaki(sp?) they will run that guy thru the tringer and noting personal happens to arrest who was 100% wrong.
No, they have not. It's the police interpretation of and misuse of their powers.
-DUI- Laws have gone too far
Deaths from dui driving has go e too far.
@@KeepYourSillyPronouns In reality there are fewer DUI fatalities today vs 30 years ago. Is that due to DUI enforcement or safer cars & safer roads? IDNK.
What I know, CA and TX have the highest rates for the nation and that is merely due to these 2 states having the most roads and most drivers.
What I do know is that a lot of stupid DUI arrests are issues for drivers for minor minor issues and a lot of cases are thrown out or plea bargains in courts.
In my county which follows the state average, 15% of the DUI arrests are thrown out ( lack of evidence ), 85% of the remainder are pleaded out, and those that are not and go to trial, the state has a 90+% conviction rate. These numbers are for 1st timers with no serious injury or fatalities to others.
I know that I can NEVER talk my way out of being arrested. My mouth would only dig it deeper.
@@danliberty734 that, unfortunately, applies to most of us, like it or not. I've always believed even a fish wouldn't get in trouble if he kept his mouth shut.
Great video but a point I would make is that field sobriety test are not pass or fail. You can NOT pass it in any way. They can only harm you since they are meant to be administered so the officer can make observations on your performance. …. When they say, “Sir, your eyes look a little red. Have you been drinking?” … just reply, “Officer, your eyes look a little glazed. Have you been eating donuts? “
Bad idea. It makes the officer hostile, which doesn't help. It's also childish.
@@craigbrowning5196 And? The police are already hostile.
Good way to get your ass beat.
Yeah but it's a great joke
@@craigbrowning5196 forgot this suit to take field sobriety test he's already decided he's probably gonna arrest you. I'd put it out of about 90%.
All of these tricks from LOE from their "training" is no wonder they are not respected.
Your fell for his tricks. He throws cops under the bus for youtube hits.
So, basically, if they want to arrest you for DUI, they can. That seems like a problem.
If a cop wants to arrest you, they will. Because they do not have to face any repercussions, they basically can do whatever they like.
The cop definitely wants to arrest you because he gets overtime pay and awards from MADD, and his department gets grant money from the NHTSA. The cop simply says it is his "opinion" that you are impaired. Cops may purposely not administer the breathalyzer in order to claim refusal. In many states, a (alleged) refusal can be introduced at trial as the basis for a (rebuttable) presumption of consciousness of guilt.
MADD makes money off of people being arrested for DUI. That is their whole source of revenue. More arrests means more money. They don't mind that innocent people are being charged. The important thing is MADD gets to sell more court-ordered seats to their victim impact panel, at $50 to $100 or more per person.
I don't drink nor smoke nor ANYTHING. A cop in Roswell, GA pulled me over because HE thought I swayed in the lane while changing from the lane of travel to the turn lane. He wanted me to do the field sobriety tests. I refused, and he said, if you refuse, your license will be revoked for one year. I aced all the test. He decided I was just tired, and let me go.
He was lying. A police tradition.
Refusing to take the roadside tests is certainly a choice one should consider. Where I live refusal to take the tests will immediately result in 1) Arrest 2) Having your vehicle towed 3) automatic suspension of your driver license for 6-months; and this all happens even if you are not ultimately convicted on a crime. Errata - there's a casino on an Indian Reservation not far from where I live. The casino gives out free booze to gamblers. It may be watered down booze but it still contains alcohol. The State and Local Police vigorously stop cars on the highway that passes through the casino for sobriety testing even if you aren't exhibiting any driving anomalies. I haven't had a drink in decades and have been stopped on that highway numerous times which always worries me. I actually told the trooper "I don't drink and NO I was not at the casino. Why did you stop me?" Of course I know why he stopped me, but that's besides the point. This highway is a massive revenue collection zone. I worry that this particular officer may be dishonest and pop me for DUI/DWI and it will be my problem to disprove the charge. Oh, and let's not forget we have plenty of Attorney's that specialize in DUI/DWI cases and who get $5000 dollars up-front to defend you. I'm not making this up. I know two of these attorneys personally. $5k up front.
Yup, paid 5k for zero defence! Officer said I was crossing the center divide, it had an 8ft trench in it, 10ft deep! How did I cross it at all?
They should have the same law in all 50 states
Same will happen if you take the test and fail. Duh.
Officer: you aren’t walking straight, how much have you had to drink?
Me : none, my imaginary line is a zig zag.
My lawyer won the case when a cop tried to blame me for being DWI while driving. Here is the kicker, I don't drink, I never drank any alcohol. 🤷♀
But the cop blamed me anyways. He had me take the field test and marked me as DWI. Again, I never drank in my life. But he still blamed me after taking the test.
When my lawyer caught up to him in court in front of a judge the lawyer asked a few questions that crumbled their case. And those were,
Lawyer, Are You a doctor officer ?
Officer, No.
Lawyer, Do you hold any medical license whatsoever of any kind ?
Officer, No.
Lawyer, then why are you practicing medicine without a license on my client ?
Officer, I was giving a field sobriety test.
Lawyer, But you do not hold a medical license, you are not a doctor. So why are you practicing medicine on my client ?
State Layer, Objection, badgering the witness judge.
Lawyer, Judge, I am showing the court that the officer here is practicing medicine without a license, as the officer is not an expert in the medical field,
to say that my client was ever under the influence and proceeding to have my client go through a physical medical test on a side of a road from someone who is not a doctor or holds a medical license. Which should make this case unfounded and should be dismissed because the officer is unlawfully practicing medicine without a license, judge.
Judge, overruled continue.
Lawyer, thank you, judge.
State Lawyer, Seriously, judge ?
Judge, I said, overruled. As a matter of fact, this case is dismissed. You may step down, officer.
BS. Total fantasy post.
Total fiction
I had a brain tumor removed in 1989, required taking my vestibule nerves out of my brain stem. If a cop wants me to do a test, he bettrer be ready to catch me or their will be one hell of a lawsuit.
Does that affect your driving?
@KlvnBrks not as long as I can see clearly.
So what you’re saying is that if I get pulled over and I’m perfectly sober I’m still going to jail? The test is very flawed and almost certainly shows guilt regardless of intoxication and if I refuse it I’ll be arrested for applied consent law???
My brother is a cop, and he has always told me that the moment they ask you to perform field tests, they have already decided you are going to jail.
One point I think is key here isn’t that this will keep you from going to jail. A cop in a bad mood will bring you in. This advice will keep the burden if proof on the government and greatly increase your chance of having the judge throw it out. Frankly if you have the presence of mind to say what he suggests at the end of the video to a cop, it kinda supports your sobriety right there.
Thank you so much for pointing out that your license will be suspended whether you decline the tests or take and fail the tests. Whenever I tell people to refuse the tests they always say, "but they'll suspend my license if I refuse."
A study 30 years ago showed that 20 hours without sleep makes it impossible to pass a field sobriety test. After it came out, the courts in New Zealand (?) began holding employers liable for sending home or to work employees who had worked too long without sleep. Will power and caffeine did not work! Reaction time, hand eye coordination and judgement were all impaired dangerously.
As a public service, remind the cop its a felony to lie to a federal agent (not that you're a federal agent, but remind them)
😂😂😂
They'll twist that to say you impersonated a federal agent and add that charge that you'll have to fight for months.
As an older, overweight person, I can't do the balance tests (walk & turn and one-legged stand). I've tried these a few times at home and I can't sustain my balance through them. I also know that I would do worse when you add in stress and adrenaline during a traffic stop.
As an aside, I saw one DUI stop video on RUclips where the driver noted that the officer swayed while demonstrating the walk & turn. The person question why the officer was swaying while only demonstrating three steps in the walk & turn, so the driver asked the officer to perform the entire walk & turn. The officer refused (repeatedly) to do the full walk & turn with nine steps. The officer kept insisting that they are only required to demonstrate using three steps.
It’s not about you. Lose some weight maybe
I would and have refused road side sobriety test and informed the officer that I'll gladly submit to a blood test,and asked him if that's why he pulled me over,in both cases the answer was no,so then I asked then why the drinking questions,I both cases the matter was dropped and went on to ticket me for the so called traffic violation they supposedly pulled me over for.
Thank you
Thank you
Thank you. HAMPTON LAW!
IME- when police ask you if you've been drinking, they've already made up their mind you're going to jail so they can get that DWI arrest.
I had a friend who did these tests and additional tests (like all of them - I was there) and he passed them and was still arrested. They wouldn't let us drive his car home (we were two miles away) and insisted on towing it. He said that he watched the tape during the observation period as they were copying it (this was 30 years ago) and he said he passed them. As the legal process went on, it was found that the state "lost the tape." This was clearly because he did pass the tests and this would've been used to acquit him. He did blow over, so the state ran with DUBAL. But, passing the tests would've shown that he wasn't impaired, negating the reason to blow in the first place. Alcohol affects people differently, so it's completely arbitrary. It was reduced to a reckless. But, he still got railroaded since most first-offense plea situations go there anyways.
He is still ticked at his attorney because the case should've been dismissed due to loss or destruction of potentially exculpatory evidence. He was just too young to know any differently. That night sucked both for him and for us.
I've never seen the police have someone take the field sobriety test and then let them go. When police ask you to take that test they have already decided to arrest you whether you pass it or not. So I will never take it.
You loose your license either way around here, don't drive drunk and don't break another law if you're already breaking one!
I agree - however there are police/sherrff/state police departments that offer incentives for DWI - so your advice wouldn't factually matter. What would you advis
e then? Not drive? Not get a license to drive? Not be a law abiding citizen? Not exist? that seems rather restrictive, no? Just wondering.
In college, the local police departments dui expert came to give a demo of their tests to 6 college students that were drinking. We all did the sobriety tests, at 6’4” I was the only one that he said he wouldn’t breathalize, I think because of my size. I blew a .14, was drunker than crap. Passed the pen test by rapidly looking at different points, instead of following his pen. YMMV.
I am disabled with failed shoulder surgeries and broken lower back, I am losing balance sometimes when walking also I can't stand on one leg, so their physical sobriety test is a no no for me I can't pass it sober( I had a Cop friend do one on me and I failed sober),but I can provide by CO2 when I exhale in other words blow in the a machine that's it, but the good thing is I don't drink at all and when I did drink I didn't drive zi have a CDL for over 20 years and take no illegal drugs so I got nothing to worry about also I know to keep my mouth shot, I seen those videos where sober people got arrested for DUI because of Cops suspicion
You don't have to justify why you shouldn't be made to perform an FST, though simple refusal, followed, if they persist in haranguing you to do them, repeated utterings of "Go Fuck Yourself!"
In the Navy we did a breathalyzer test prior to starting a duty day, false positives were very common.
@@danielwright444a cop left theirs in my friends car and so we'd play with it and tons of stuff would set it off. They're definitely not the most accurate things. We tried different ways to get it to show lower results... like the old penny trick. That didn't work lol.
I have personally seen a portable test show someone drunk that was completely sober. The main reported the correct number with the calibration gas. The machines can go bad.
Cops can charge you with DUI for using your medication as prescribed. Cops pretty much can arrest you if they want to do so.
Went through these tests in 02...passed all of them in front of 5 witnesses...still ended up at CHP office and passed still more testing. The officers Lt. On duty said it was up to the officer if I went home or to jail. Guess which one? Cost me $$$...my job, lost my license for over 3 yrs. NEVER submit!!!! Make them warrent up!
Business is about to improve exponentially. Thanks for sharing your knowledge.
Thanks for watching!
I'm in my late 60's. I don't drink, don't smoke, don't do drugs. If I were asked to do some of these sobriety tests like walking a line, I would miserably fail. I've never had a good sense of balance and it's only gotten worse with age. What would I have to lose by saying I can't do the field test but give me the breathalyzer? I'd have to blow a 0.0 as I haven't drank anything since my teens.
I'm 74. I've never been arrested. I've never been in an accident. I've never driven under the influence. But it's very clear that these roadside tests are subjective and unscientific. Just by having somewhat diminished balance and coordination would probably make them fail me. I think it should be legal to to refuse these tests, and insist on a certified breath or blood test.
I fell a great distance in 2020 and micro fractured my entire spine. I couldn't do any of those tests.
License suspension is for 3 months if you turn out to be over the limit, but if you refuse the blood and breath tests, it's going to be one year suspension. So on the road I would say; "breath test is okay, but I rather not perform a sobriety test, officer, bc I'm not sure if I can do these things properly, since these tests are difficult even for people who have not been drinking"
When my cat wakes me up in the middle of the night, I crawl out of bed and try to walk to the door. Its very common that I walk into the coffee table, fall over a chair,, and stub my toe on the leg of my couch.
Thanks, lawyer.
Cops are always wrong if you need help at the last person you call
???
Please clarify. Thank you.
@newguy2794 they're scumbags with no integrity and no accountability.
@timphelan2873 thank you
Maybe I'm just not understanding the statement. But as it is worded it doesn't make any sense
@timphelan2873 you re-worded your answer, and I thanked you for that. Can you please explain your initial comment ? Thank you
Great advice and clarification! Thank you!
You are so welcome!
"Sorry Officer, I can't imagine any line being where, in reality, there is no line. You should get that checked."
Retuse FST, absolutely. But there's more than one person here trying to trick you. The cop that wants to arrest you, AND the attorney who wants 10 grand to go to trial on this. If youre sober, take the blood test.
If I wasn’t drinking, I’d submit to a breathalyzer on site, but not to any of those other tests that are designed so a sober person can fail them.
Don’t take the PBT! It’s not calibrated.
“No officer, I will not be performing any field sobriety tests.”
“Why not.”
“Because-
*I don’t trust your biased opinion
*Sober people fail them all the time
*Im too old to play Simon Says
I have a really good implied consent law question. If you are from California (or any other state) and get pulled over for a suspected DUI in another state, lets say Nevada, and they are trying to use the implied consent law of Nevada against you which is different than California, can they compel you when you NEVER agreed to the implied consent laws of Nevada since you dont have a Nevada driver's license? Yes you are in their state but implied consent laws are agreed to when you obtain that state's drivers license which you never did because your not a resident of that state.
The law is that driving on their roads implies consent.
I love this channel. Always great info and the explanations are explained so a layperson can understand them.
Thank you so much for watching!
Question: If you refuse and they threaten to take your license for a year, they don't prove you have been drinking....can you get that restored?
Not a lawyer, but I'm pretty sure the answer is no. The suspension for refusing, and a conviction for DWI, are different things. Refusing it its own violation drunk or not.
I quit drinking 20 years ago. That in and of itself is no guarantee, but it VASTLY improves my chances of going home versus being falling down drunk in the first place. After years of dealing with police the hard way I learned to show basic respect even when I know for a fact the officer is a complete schmuck. I don't argue, don't try to BS my way out and I look them straight in the eyes. I quit drinking 20 years ago because of multiple DUI convictions.
The actor "Steve Martin" makes this point in a movie while he's in Europe somewhere with a dead body in the passenger seat.
Absolutely hilarious 🤣
I'm 80, I tried walking a Strait line. I couldn't. IF i was pulled over for suspected DUI, After Providing the Std ID, Insurance, Registration. I would refuse any Testing, and tell them I claim the fourth & an attorney be present.(I don't Drink Alcohol, OR Use any Drugs Other than my Heart Meds)..👎🤔 Your add for the shaver just failed, with that semi Beard.🤣🤔..
In my state, if you refuse a blood test it's game over and your license will be revoked. Period. I will refuse the roadside tests, and that should make it harder for them to arrest me and I can fight that with a lawyer. But if they do arrest (with our without probable cause), I am not risking being revoked. It'll take 6 months in my state to get a blood test back. In the mean time I am innocent and my license will not be revoked. When the blood test comes back negative, the case will be dropped or I can beat it in court. Am I making a mistake thinking this way?
Does your state use implied consent forms? If so then you would be fighting a lost cause in court if you signed it.
@@mikehughes8023 What if you get stopped in an implied consent state but your license is not from one of those states? Can they suspend it despite your licensing state not having implied consent?
@@mikehughes8023 Not sure what that is, if you have a Washington state license, it will be revoked if you don't submit to blood test after dui arrest. No trial, no court, just revoked for not submitting to blood test.
@@mikehughes8023 Why would he be fighting a lost cause? Implied consent laws apply to breath/blood/urine tests administered incident to an arrest (i.e. the Intoxilyzer at the station), not FSTs/PBTs. He said he'd be willing to submit to a blood test incident to arrest.
In my east coastal Florida County, there may as well be a curfew after dark. I’ve been stopped, tested and “released” and it went exactly as you describe.
I never drink and drive (I hardly ever drink at all), but (a) I am overweight (b) I am older (c) My coordination was bad to begin with before (c) I broke my back a little over a year ago so (d) I know from months of physical therapy that I could never do the one legged stand or heel to toe without likely falling which of course would not be good for me. Oh, and by the way, with my bad knees, getting out of the car takes some time to get my legs working - all of which cn be interpreted to say the I am under the influence when I am not. So, I am hosed if I get pulled over and the police officer thinks I am drunk.
The problem is an underlying assumption that ALL impairment noted during the tests is due to being intoxicated. They have no baseline to draw comparisons from.
If I've been driving for a time I tend to get stiff so exiting a vehicle is a process until I can stretch my legs and walk a bit.
Took tests 2 times, I always sober. One time they took me to the station, had me blow which I passed, if I ever want to drink in the future I will take an Uber. And in future, I will only take the breath test after watching this video.
Another thought here... it's kind of okay that officers can arrest on the basis of imperfect tests. After all, this is the accusation & arrest, NOT the trial. The trial is where the validity of the accusation is tested. In some countries, erratic driving is PC for a forced breath test and they skip all the folderol with gymnastics. Might be better for clutzy ol' me...
HAD TO TELL POLICE FOR 45 minutes that I am not getting out of my car to perform a sobriety test because it is designed to fail!!! The officer kept saying I just want to make sure you’re safe to drive LIAR!!!FOR 45 minutes he persisted! I said I’m not getting out of my car unless I have committed a crime and am under arrest. I held my ground and was allowed to have a friend pick me up after they realized I was not going to submit to their requests This guy is not a real lawyer!!! NEVER get out of your car to submit to these tests PERIOD. And no I don’t need ANY hair care product’s.WOW
I wouldn't be able to do the tightrope and standing leg when sober.
If an officer ask me have I been drinking I'm going to say yes officer I have been drinking......I had a large ice tea with my food about 30 minutes ago anything else officer?
34 years ago I got stopped for running a yellow (not red) late at night. Disclaimer, I had a couple but I was far from impaired. They did the pen test on me. It was a joke. Flashlight was right in my eyes so I could only see the pen as a silhouette, cop was wandering the pen all over at random, abruptly changing directions with no standardized motions. Took seemingly forever, I could tell the cop couldn't make up his mind if my eyes were doing anything abnormal or not. Then they had me walk the line. I aced it. I mean I counted off perfectly straight heel to toe steps, then made a perfect about face like a guard at the Tomb of the Unknown Soldier and walked right back with perfect steps. So they gave up on the DUI and wrote me a moving violation. BTW the reason they stopped me for running a yellow was there were 2 units on the opposite side of the intersection ~ 500' from me with their lights on. Whatever the situation was, it was over and they were preparing to leave, but at that time they still had their lights on, and yes I did see and notice all this, but I sped up when the light turned yellow and that pissed them off so they pulled me over. So anyway I guess I had the mover coming, and they definitely wanted to see what shape I was in, but they did not aggressively escalate the DUI process. As I said this was a long time ago, I did not know my rights, but cops were a little cooler then than today. I thanked them for being fair with me. I would never take any more FSTs today however.
The "warrant for test" varies by state. They cannot get a warrant in Massachusetts, and your refusal cannot be introduced at trial - but you license will be administratively suspended.
Thanks Jeff. You could have more business if you didn't help people avoid trouble.
True positive character. You would be my guy if I ever need you. But I managed to stay out of trouble for 60 years. Let's hope we never have to meet.
Fellow Texan G.
When my cat wakes me up in the middle of the night, I crawl out of bed and try to walk to the door. Its very common that I walk into the coffee table, fall over a chair,, and stub my toe on the leg of my couch. 🐱😻😻
Thank you for talking about this. Me being completely sober would FAIL these walking steps because of my age and the PAIN that is in my LEGS from doing heavy construction lifting of broken cement and blacktop into backhoe bucket. But cops don't care. Remember everyone that the cops just want to Arrest you. Even if you pass the walking and PEN test. Have seen over and over the poor sole just asking questions that is enough for cops to say you resist Arrest. The best defense is stay silent. Everything you say can and will be used against you.
I couldn't pass the FST stone cold sober! But I am able to stand still, pick up my right ankle with my right hand, and stand still while holding my right ankle up. Let's see the jackal do that. If he can't, he gets cuffed! Lol
This is good information, but you should look up your state law about the breath and blood test. Here in Nevada, by accepting a drivers license, you give implied consent to do the breath and blood test. You can still refuse, but he officer can then confinscate your license and arrest you on the spot. They can then take you in and force you to do a blood test.
I'm still not clear on the ramifications of declining a breathalizer or blood test without a warrant. If I request or wait for a warrant, and then take the blood test, does this work in my favor when I go to court and the warrant is seen to be fraudulent, or does requesting a warrant give me the opportunity to sit back and wait for the officer to scramble for reasons that simply don't exist in the first place? If the officer can't come up with any good basis for requesting a warrant for a blood test, then at that point am I not free to go with my driver's license still valid and in tact?
Great video. Thank you You are the first to explain the tests ok.
Glad it was helpful!
Since my back surgery three years ago, I can't even lift my left leg without grabbing something without falling over. No way in Hell I take a field test!
When you blow below the limit or zero, the cop often still tries to make excuses to still justify making an arrest. He'll say you didn't blow correctly, that you were over the limit at the time of driving, that you refused (he'll press a button to delete the test result), that you were under the limit but abilities were impaired anyhow, or that you were instead or additionally under the influence of drugs.
People think not being impaired and even not drinking alcohol at all (and not doing drugs) will save them from being arrested. MADD gives awards to cops and the NHTSA gives grant money to departments for making arrests. If the police cared about accurately determining whether or not a person's ability to drive a car was impaired, they wouldn't lie under oath and use junk science to coerce an arrest. Instead, they would let the person drive a car and see how the person did - not a real car, but a driving simulator. There are sophisticated cockpit simulators to train pilots, so I'm confident a driving simulator is within our technological capabilities. Even one of those sit-down driving video games more closely resembles driving a car than walking heel to toe or standing on one leg. Cops don't care if they are wrecking an innocent person's life when they get their little MADD awards for doing it.
I live in Harris County Texas. A significant portion of residents CAN'T RECITE THE ABC's in English forwards.
And even more don't have auto insurance.
The predatory nature of these arrests you speak of when considering the overall driving safety situation is quite absurd.
I have seriously bad times at the Doctors office when they need to draw blood. If a cop got a warrant to draw my blood, can I demand it be done at the hospital by a medical professional?
I would never submit to a field sobriety test but would submit to a blood test. I never drink and drive….never!
I try to be proactive. I obey ALL traffic laws.
If they have no reason to stop you,
They can't stop you.
Dash cam.
Exactly, don't give them a reason
I have a condition called "intention tremor", which is similar to "essential tremors". One of the tests my doctor did to diagnose it was holding a pen up and having me follow it with my eyes. Yeah... I'd fail the pen test every time. And just imagine trying to explain an obscure neurological disorder to a cop while getting thrown in the back of a cop car.
"Officer, I notice your eyes are dilated. Have you been taking drugs, or are you drunk?"
How are these tests not the same as testifying against yourself?
If the officer demands you get out of the car, because the SCOTUS, in 1977, "legislated from the bench", affirming their authority to do so (in reality, the ability to lawfully order a motorist to exit his vehicle wasn't the issue, but what the officer would THEN observe, which gave him the reasonable suspicion to perform a "Terry Frisk", something he didn't have the ability to see with the driver seated in the car. It took 20 years, Maryland v. Wilson, to affirm the same thing for PASSENGERS). But you do NOT submit to an FST, no matter how "huffy" or THREATENING the officer gets! You don't HAVE to perform them! A DUI arrest based solely on (a) your refusal to discuss whether you consumed any alcoholic beverages, or (b) your refusal to perform an FST, is an UNLAWFUL one, and anything that proceeds afterwards is INADMISSIBLE. That's why you always record, Record, RECORD every encounter with the cops, especially a DUI investigation. The "truth" re: FSTs is that you ALWAYS "fail", regardless of ability or performance, the moment of failure is when you CONSENTED. As a generality, if the officer wants to go to the trouble of making you perform FSTs, (s)he's ALREADY decided to arrest for DUI; the purpose for them isn't to objectively evaluate your fitness to drive, but to bolster their case that they had Probable Cause to make the arrest.
Spot on. It's just collecting evidence to backup their claim. "Well see, they failed the FST."
Of course they did. The test isn't a test, it's "self incriminate to help us arrest you".
They know that the FST can only be passed if they ALLOW it, while pretending that it's an actual test with objective measurements and accurate outcomes. When it's entirely subjective and up to interpretation.
I can turn your 20-minute video into a 10-second video. " Don't drink and drive!"
Jeff, love your videos and they are all super informative. With this video you leave some folks with a very tough choice. These implied consent states have a lot of mandatory fines/penalties for refusal to take a breath or chemical test. Some states have automatic license suspensions for six months or more. It's obviously not the same as losing your freedom but a lot of people can't perform their regular responsibilities without that license. Really tough choice here and implied consent is such an end run around the 4th amendment.
In Australia we have breathalizer tests if pulled over, which are precise.
Best not to drive after drinking!
Got a friend locked up in Ohio for low blood sugar. They eventually let him go. No physical tests for me.
One of the mandatory classes at police academy is "Creative Writing 101".
If you get asked by a cop to do a field sobriety test the chances of you not getting arrested are about zero, whether or not you agree to take the test, or not. But if you take the test your chances of getting a DUI conviction increases significantly.
Jeff Hampton, this is absurd. DWI/DUI isn't a "trap." What is very illustrative of this point is that there is actually a criminal defense called "entrapment". As YOU know...but may viewers may not, entrapment is when law enforcement tricks a person into committing a crime that they would not have otherwise committed. That is not the case with DWI/DUI. The crime is when a person drinks beyond the legal limit and drives...or attempts to. That crime exists independent of the officer. The officer has no role in the driver actually driving...or attempting to, while inebriated.
The cop giving the walk instructions should demonstrate the straight line walk-while walking on the line himself
The thing that goes through my head, (as the victim of an actual drunk driver), is there's enough real, very drunk, drivers out there that you have no need to be screwing with those that are obviously not dangerous. Go find the guy that has twice the legal limit in his system. The guy thats following headlights like a moth to a flame leave, the guy that had one drink on the way home alone he's statistically not the one that leaves people disabled or dead. The guys I'm talking about you wont have to give them bogus, b. s. tests, they'll be lucky if they can get to the front of the car.
The problem is the vast majority ov the new breed of cops & prosecutors these days don't care if they get the guy as long as they get a guy, this is that attitude taken to the traffic stop level, I'm old enough to know it hasn't always been that way.
Walk us through how this would work. Put yourself in the driver seat and show us how you would handle it.
Reasonable doubt. You are in your house with your attorney and you say “attorney, I hear thunder! You look outside it’s sunny. and you look out he window and say “did you see that flash from the lightning?” And you go out into the sun and you get 1 drop of rainfall on you! That one raindrop is reasonable doubt to it being sunny! So dear attorney it is a miracle for that one raindrop now find that raindrop in all of the govt accusations and turn it into miracle to get all charges dismissed!
Thank you. Valuable advice👍
My pleasure!
I'm ... not really sure what you're suggesting the police do. If you don't want them giving field sobriety tests, and it's legal to refuse the breath test, how are they supposed to remove drunk drivers from the road? To be honest, a lot of this video scans like "how to get away with drunk driving". Where am I going wrong here?
AGAIN, in *Nebraska*, if you refuse the road-side preliminary breath test, you can be charged with a Class V Misdemeanor with a $100 fine.
This happened in Nevada before the per se law was tweaked a little.
Oh, now that recreational marijuana use is "legal" in many states, I'd love to see a video on the per se laws pertaining to driving while drugged and the f**kery that in some states being impaired is NOT even required to be charged with driving under the influence of MJ!!! Taking it a step further, the person who wasn't impaired but because per se law's determined (with no science behind it)THC parts per million in blood can not be above zero or whatever low number they've pulled out of their behind. Now convicted on driving with MJ in system, the judge ovders an alcohol interlocking device be installed in your vehicle for 2 to years!!! True story.
And the most important advice of all, never drink and drive.
What do you do when they lie about smelling alcohol and you don't drink or do any drugs? Should you demand the blood or breath test?
I wish this guy would have talked about implied consent. If you drive on the roadways of a state it is implied you are supposed to be sober. If you don’t blow in the intox machine you automatically lose your license for a year. It is not a violation of criminal law but it is against civil law.
I have a few questions for you if I may....Why are cops being trained to harassed the people? Why do they get away with this? Why put the people through all of this ONLY to give a slap on the wrist to those who actually do drink and drive and caused bad accidents? Is it a game of Cat and mouse to make money while harassing the people and ruin their lives?