English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

Why do you have the sobriety test, when a breathaliser would do? Much quicker and more effective, than the field sobriety test.

2007-03-09 12:26:28 · 6 answers · asked by ssstormofficer 1 in Politics & Government Law Enforcement & Police

6 answers

You have to have probable cause to have someone submit to a chemical test. A PBT is not a precision instrument and is not generally admissable in court. The Standardized Field Sobriety Tests show whether a person exhibits a measurable level of intoxication and then generate probable cause for a chemical test.

2007-03-09 12:32:31 · answer #1 · answered by Gemma 5 · 2 1

The field sobriety test establishes the 'probable cause' to detain you for a chemical test that establishes the offense per BAC laws.

The fourth amendment to the Constitution states that any seizure must be based on probable cause. It is a violation of your civil rights to just compel you to go down to the station and submit to a breathalyser or other chemical test. The field sobriety test show the judge the officer is not being capricious is having your blood alcohol content established through the scientific method.

2007-03-09 16:23:12 · answer #2 · answered by anonymouse 3 · 0 0

most do not have a field breathaliser ( which normally will not hold up in court by itself anyway)

the actual field sobriety test will hold upin court even if you can't get a breathaliser test. The real breataliser is done back at the station house, and you have to have cause to bring them in for it.

2007-03-09 13:39:14 · answer #3 · answered by Anonymous · 0 0

I was told by a cop in Atlanta that a totally sober person can't pass the sobriety test most of the time. They just like to make fools of people.

2007-03-09 13:51:32 · answer #4 · answered by Kevin A 6 · 0 0

to begin there are two ways to operate under the inluence by alcoholic beverage and by drugs. alcohol intoxication is fairly easy to see. drugs are much harder. also not every state allows breathalyzer in courts. so, officers need to prove intoxication/impairment by examining three phases. first by observing a motor vehicle violation on a public way such as weaving in the lanes. second by operator interaction. do they look and act impared? third by the use of feild sobriety exercises. officers must document all three phases and prove impairment based on their observations. roadside breath tests and station house breathalyzers just seal the deal(if machines are calibrated and tests adminsistered properly) by indicating the amount of blood alcohol in a persons system. so its a multi facited process.

2007-03-09 13:09:01 · answer #5 · answered by CupCake 5 · 1 0

Because you can still be under the legal limit and be arrested for driving while impaired. Meaning your motor skills were compromised even though you are under .08

2007-03-09 12:34:03 · answer #6 · answered by me 2 · 1 0

fedest.com, questions and answers