Leader

Collapse

Announcement

Collapse
No announcement yet.

Field Sobriety tests

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Field Sobriety tests

    I was talking to a friend this weekend when she told me that she was arrested for DUI and taken to jail. I told her to stop driving drunk and that wont happen!

    Anyway, here is my question.

    Are we (citizens who are getting arrested) required by law to complete the field sobriety tests (I.E: Touch your nose to with your finger, walk a straight line)? If we refuse, would that be seen as "refusing a lawful order"? Ive always heard that the only thing that counts is the breathalizer. Is that true?
    Last edited by Tucker6900; 09-02-2008, 08:43 AM. Reason: Clarification of question.
    The Red, Bold, Italic is my official sarcasm tag.



    "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
    George Carlin

  • #2
    Originally posted by juicesnn4e2
    you can refuse the breathalyzier and automatically get 1 year lisence suspension
    I figured there was a difference between a field sobriety test and a breathalizer. Im asking about the "Field Sobriety Test", I.E: touch your nose with your finger, walk a straight line, say the alphabet backwards. Can you refuse THOSE tests without fear of getting another charge?
    Last edited by Tucker6900; 09-02-2008, 08:42 AM.
    The Red, Bold, Italic is my official sarcasm tag.



    "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
    George Carlin

    Comment


    • #3
      Not sure about your state, but in Florida, you can refuse and you won't get in trouble for refusing. Although, you will most likely be arrested for DUI depending on other factors the officer weighs out at the time.

      Comment


      • #4
        Certainly! You may refuse to take the Field Sobriety Tests; but, you will be arrested solely on the pre-stop observations of the officer and your post stop behavior and actions. There are two purposes for the FSTs:

        1. For the officer to gather information to bolster his/her opinions that you are under the influence of an alcoholic beverage;

        2. To eliminate the fact that there may be underlying reasons for your behavior and actions - which, by the way may lead to your release if you successfully pass the tests.

        Whether you take the tests or not, the officer will use all of his/her training and experience to assess your condition and will make a professional decision based on those factors. Probably a 99 to 1 chance the officer is wrong.

        The breathalyzer, blood test and/or urine tests are generally addressed in law and your refusal to submit to either of those tests will, without too much doubt, lead to the loss of your driving privileges for at least one year in addition to the conviction of DUI.
        Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

        [George Washington (1732 - 1799)]

        Comment


        • #5
          I guess that might depend on the state. In both states I have worked in (Virginia and North Carolina) you are not legally required to attempt any field sobriety tests. However, if you don't do them, you are guaranteed to be arrested.

          Some people actually do well enough on the field tests that we don't arrest them. If you don't do the tests we have to assume it is because you know you are too impaired to be driving.

          I've arrested a lot of people for DWI during my 12 years in law enforcement. Most of them attempted the tests, some refused to do so. Most that refuse the field tests also refuse the breath test. I'd be willing to bet that at least one or two of those folks were actually below a .08 and ended up getting convicted of DWI when if they had attempted the tests they might not have been arrested at all.
          -Landric

          "The Engine could still smile...it seemed to scare them"-Felix

          Comment


          • #6
            A good observant officer can always take you to jail for DUI. Even if you refuse to submit to field sobriety tests. Officers trained in this type of enforcement are experts, in determining impairment. Couple in years of experience with that training etc... You got a no-win situation for the driver. Alot of drivers out there think they can thumb their nose at the police and refuse to submit to tests; Thinking they'll get a pass. Big mistake.

            Comment


            • #7
              You can refuse if you want...You are still gonna get arrested.

              Comment


              • #8
                In NJ, you are not required to do them, but it will surely lead to an arrest if you refuse. I have had several DWI incidents where the driver refused to participate in the FST's and also refused to give (2) breath samples on the ALCOTEST. They were found guilty solely on my observations and the handy dandy MVR tape.

                Bottom line, your only hurting yourself if your refuse.
                Being a good street cop is like coming to work in a wet suit and peeing in your pants. It's a nice warm feeling, but you're the only one who knows anything has happened.

                Comment


                • #9
                  You don't have to submit to field sobriety to include the pre-lim breath test though we have to offer it to you'' it does'nt mean you will not get arrested though and then the actual admisible test at HQ you are required to take and if you don't you get charged with refusal as well. Experienced Officers don't need the results alone of any pre-lim test or required test if they can articulate that you had been drinking and it impaired your driving ofcourse it depends on the judge.
                  "Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan

                  Comment


                  • #10
                    Thanks for the replies. While I woud never refuse a breathalizer, FST's seem like just technicality, especially if someone has already admitted to drinking.
                    The Red, Bold, Italic is my official sarcasm tag.



                    "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
                    George Carlin

                    Comment


                    • #11
                      Originally posted by Tucker6900 View Post
                      Thanks for the replies. While I woud never refuse a breathalizer, FST's seem like just technicality, especially if someone has already admitted to drinking.
                      I have allowed people to leave based on their results from the FSTs. These are the few folks that actually had only 1 or 2 beers. It can be beneficial to do them if you truly did only drink a couple at the local restaurant and the officer asks you to submit to them because of the smell of an alcoholic beverage. When you only have a couple, most will not show many other indicators that we are looking for during our personal contact with you. Refusing to do the FSTs throws up red flags. Those that normally refuse them are folks with multiple DUI convictions and will refuse anything.

                      As SgtCHP eloquently put it, we arrest based on the totality of circumstances and not solely on the results of the FSTs.

                      p.s. No one that I am aware of uses the alphabet backwards routine. Sober people cannot do this. The NHTSA standardized tests are HGN, 9-step WAT, and OLS. Although not standardized, the finger to nose & Romberg are also tests that some may use, specifically DREs.
                      I'm 10-8 like a shark in a sea of crime..

                      Comment


                      • #12
                        Originally posted by Tucker6900 View Post
                        Thanks for the replies. While I woud never refuse a breathalizer, FST's seem like just technicality, especially if someone has already admitted to drinking.
                        Technically in my state they have to be offered. And it works out for both because Ive had many times had someone do well enough on the FST's that as a result I didn't arrest them and merely had them get someone else to drive but if you refuse and I pulled you over for clues to d.u.i and I confirm you have had any alcohol to drink wheter you submitt to FST's or not you are going to be arrested.
                        "Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan

                        Comment


                        • #13
                          In MA you can refuse both tests...and more often than not also get arrested for OUI (what we call it). The mere fact that you refuse the breath test is grounds for some strict license suspensions imposed by the RMV. These suspensions range from a minimum of 180 days if over 21, 1 year if under 21, to life. It all depends on the number of OUI's you have on your record.

                          By the way, the fact that you refuse the breath test is not admissible in a court of law in MA. That is correct, an officer can not testify to the fact that someone arrested for OUI refused to take the breath test. In MA, the breath test is merely a "request to submit to a chemical test to determine your blood alcohol level." Mere mentioning the refusal is grounds for a mistrial and likely a request for dismissal by a defense attorney. The only way to get the refusal in is if the DEFENSE attorney specifically asks if his or her client refused the breath test.

                          Comment


                          • #14
                            You can refuse them in Florida, but your refusal will be used against you in court. I usually let 1-2 people a week go home after they do field sobriety. I usually let them get a ride, even though i think they're below the legal limit, due to the stop and my observations that made me request the exercises, i feel a lot more comfortable with them getting a ride than driving.

                            Comment


                            • #15
                              I've never had a sober person not want or not try to prove their innocence!

                              In AZ, like others have said you do not have to submit to the roadside field sobriety tests. If I arrest based on what I have already observed, you are going to be read the Admin Per Se affidavit. It completely explains, in very simple terms the repurcussions for not submit to test of my choosing. If you submit, and you are not over the limit, your license will not be suspended. However, if you refuse, no matter what your blood alcohol content level is, your license will be suspended for 12 months through the motor vehicles division regardless of the outcome of the DUI charge!
                              "When I close my eyes.....I'll see you on the other side....!!!"

                              Hate to put it this way skippy, buy every night I suit up and climb in the cruiser I'm at war. I'm always outnumbered, potentially out gunned and always behind enemy lines.

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 5908 users online. 346 members and 5562 guests.

                              Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

                              Welcome Ad

                              Collapse
                              Working...
                              X