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Breathalyzers or roadside physical tests?
The first you need to do to avoid license suspension, the latter you can and should decline as they are a trap.
They dont cherry pick the fail.... the road side pbt does nothing more than give probable cause to begin fst's to see actual impairment. From there you then have probable cause as an officer to require an intoxilizer test ..... you take this one twice and the lower of the numbers is the one used in court.
If your friend got six bvb tests it's because she was short stroking her breath giving an invalid sample.
Breathalyzers or roadside physical tests?
The first you need to do to avoid license suspension, the latter you can and should decline as they are a trap.
Oops that’s just the law here. And I believe at least MI where I grew up.
Field Sobriety tests are the roadside balancing and coordination tests that police officers administer to determine whether to arrest someone for OUI/DUI/DWI in Massachusetts. In most cases, if an officer requires you to take field sobriety tests, the officer has already determined that you will be arrested and is using the field sobriety tests to gather more information to support the arrest. In Massachusetts, you are under no legal obligation to take field sobriety tests and can refuse the tests without any adverse consequences. A refusal to take field sobriety tests cannot be admitted into evidence at your trial for OUI.
I got pulled over in NYS for having my headlights out (parking lights on) after leaving a liquor store. Officer pulled me over and asked me to step out. Gave me a field sobriety test, which I passed, then sent me on my way. NBD because I wasn't driving drunk.
They dont cherry pick the fail.... the road side pbt does nothing more than give probable cause to begin fst's to see actual impairment. From there you then have probable cause as an officer to require an intoxilizer test ..... you take this one twice and the lower of the numbers is the one used in court.
If your friend got six bvb tests it's because she was short stroking her breath giving an invalid sample.
i can put it this way from personal experience....one time after a field sobriety test and thee breathalyzer tests i offered to go to the station and piss in a cup if it would make shit go quicker.....both cops were not amused....
Nothing like the panicked call from Wifey when leaving work because the baby has a 104* temp. Turns out Hannah has a double ear infection and is having a bad day. Guess I'm taking tomorrow off...
Nothing like the panicked call from Wifey when leaving work because the baby has a 104* temp. Turns out Hannah has a double ear infection and is having a bad day. Guess I'm taking tomorrow off...
Oops that’s just the law here. And I believe at least MI where I grew up.
Field Sobriety tests are the roadside balancing and coordination tests that police officers administer to determine whether to arrest someone for OUI/DUI/DWI in Massachusetts. In most cases, if an officer requires you to take field sobriety tests, the officer has already determined that you will be arrested and is using the field sobriety tests to gather more information to support the arrest. In Massachusetts, you are under no legal obligation to take field sobriety tests and can refuse the tests without any adverse consequences. A refusal to take field sobriety tests cannot be admitted into evidence at your trial for OUI.
i can put it this way from personal experience....one time after a field sobriety test and thee breathalyzer tests i offered to go to the station and piss in a cup if it would make shit go quicker.....both cops were not amused....
Sounds like they had a rookie..... or a pbt that was malfunctioning/out of calibration....... hence why they are not actually admissible
And on that note...... I am just going to sit back and hold up my actual training in this matter.
Pbt.... preliminary breath test.... can only be asked if the officer smells alcohol, or you say you have been drinking..... the number from a pbt is inadmissible in all states.... refuse it, and you have given reasonable cause to move to fst's.....
Refuse fst's..... reasonable cause to detain and attempt further testing....
Most states these days will also go after forced blood draws if you have a prior DUI conviction..... those are fun because results are not looked at until in court.
You also have a right to an independant blood test as well..... all you have to do is ask..... the officer is not allowed those results.
It actually can be used in all states. Fst's are what is used to determine actual impairment....
Sounds like they had a rookie..... or a pbt that was malfunctioning/out of calibration....... hence why they are not actually admissible
And on that note...... I am just going to sit back and hold up my actual training in this matter.
Pbt.... preliminary breath test.... can only be asked if the officer smells alcohol, or you say you have been drinking..... the number from a pbt is inadmissible in all states.... refuse it, and you have given reasonable cause to move to fst's.....
Refuse fst's..... reasonable cause to detain and attempt further testing....
Most states these days will also go after forced blood draws if you have a prior DUI conviction..... those are fun because results are not looked at until in court.
You also have a right to an independant blood test as well..... all you have to do is ask..... the officer is not allowed those results.
In my opinion field sobriety tests are subjective nonsense. They're a formalized ritual that we have come to believe in.
Driving behavior (speed traps should be eliminated), or its result, e.g. collision, ought to be the focus of any stop. Leaving one's lane, colliding with any object, running stops, tailgating or cutting another off, and so forth should be the only basis of a stop or a citation, with impairment and velocity as secondary information in court proceedings.
Officers would need to spend more time in court, but the re-focus on actual driving behavior would have a major positive effect on what happens on the road.
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