What if you ask for a breath test instead is this reason to be arrested. Also the officer states "its the law". to do roadsides.
2006-12-17 18:47:11 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
What would saying abc' s or standing on one leg prove if it were your grandmother?
2006-12-17 19:00:55 · update #1
What would saying abc' s or standing on one leg prove if it were your grandmother?
2006-12-17 19:01:03 · update #2
What would saying abc' s or standing on one leg prove if it were your grandmother?
2006-12-17 19:04:47 · update #3
I work in Ontario Canada. I have never used those roadside gymnastics/ABC tests. It is dangerous to be walking around on the side of the road (especially at night with a drunk staggering around)
I talk the driver and listen for responses, observe him/her walking, observe him/her remove documents from wallet and I observe the physical condition of the driver (red, glassy eyes). I also take a good sniff for the odour of an alcoholic beverage. If I notices problems I arrest them and take them downtown for a Breathalyzer. If all I have is an odour of alcohol and an admission of drinking but no other physicals, I will use the roadside screener. If I ask you to blow into the screener and you refuse you will be arrested and charged with refuse (same penalty as blow over) . If you blow and fail a screener I arrest you and take you into the station for a further Breathalyzer.
I have had extremely drunk drivers demand a roadside screener before going to the station. If I have reasonable grounds (by my observations) to think he is impaired I take them in for a breathalyzer at the station because I don't need a roadside. I don't "have" to give roadsides to people who demand them.
2006-12-18 00:35:07 · answer #1 · answered by joeanonymous 6 · 1⤊ 0⤋
Depends on your state, you do not have to participate in any of the tests. You can just stand there while on the patrol car's video camera and not participate. I can guarantee you will almost in every instance go to jail and depending on your state you will have your license suspended, if fact confiscated on the spot. You will then be taken to their DWI room where the Breathalyzer and other video equipment is. Again you do not have to participate but all the same licensing rules apply. The roadside tests are just a way of providing further probable cause for further testing like breath or blood samples.
Look up your state's DWI laws on line and see what the consequences are for non-participation. If you are involved in an accident any if anyone is injured or there is property damage you may have your blood forcibly drawn for testing purposes at the local hospital. So to answer the question, no you do not have to participate but it will invite further problems. Vehicle impounded, license suspension, fees out the wazoo and you may be convicted anyway.
Updated: The tests are designed to further the probable cause of intoxication already established by the reason for contact with the officer. Some courts require it for prosecution and even though you will get your license suspended, I would never advise giving more evidence in your prosecution willingly. Again, it invites more problems, but there it is.
2006-12-18 03:19:43 · answer #2 · answered by dude0795 4 · 0⤊ 0⤋
In Pennsylvania it isn't mandatory to perform these test. We try to use what's called a PBT, Preliminary Breath Test. This can be refused also. However if an officer has enough suspicion that you are intoxicated then they will take you into custody and use a breathalyser. Sometime we try to get a consent for a blood test. But roadside test can be refused. In PA.
2006-12-19 04:51:47 · answer #3 · answered by kgsult 2 · 0⤊ 0⤋
You make a very good point about a grandmother standing on one leg. Of course, it does not need to be a grandmother. My left leg is not much use for anything but my right leg is strong enough to be able to contribute to the safe control of a motor vehicle. Asking me to stand on one leg would be dangerous. If I ever get pulled over I have to hope that an officer would have the common sense to listen to me and, as the Canadian officer observed, use his experience and judgment to make a sensible decision. In any case, the police officer would never smell alcohol on my breath. I got my license at 38 years of age. Having tried for almost 20 years to get one in the UK and getting turned down on spurious medical grounds, I promised myself that I would protect my driving privileges by never, ever drinking and driving.
2006-12-18 09:36:58 · answer #4 · answered by skip 6 · 0⤊ 0⤋
As far as I'm aware, they are mandatory and you can be arrested for refusing.
I don't know about asking for a breatalizer instead of other tests, but if you're inebriated enough to not be able to pass a typical road side test then you're not going to pass a breathalizer. Unless of course it's not alcohol that you've been using. In which case asking for a breathalizer instead of the other tests is probably a dead giveaway that you're using something other than alcohol.
2006-12-18 02:53:22 · answer #5 · answered by Digital Haruspex 5 · 0⤊ 0⤋
driving a vehicle is not a God Given right. It is earned. You drink and drive=you should be thrown in jail. The officer was being nice by doing the Field test before kicking you in the butt.
2006-12-18 05:44:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
by obtaining a license you give implied consent to undergo FST's. Read the small print. You refuse, you lose your license simple as that.
Thomas
2006-12-18 09:09:43 · answer #7 · answered by salarian2001 2 · 0⤊ 0⤋