Sobriety test question?

Question

So lets say that you are driving at night around bar hours. IF you get pulled over Im assuming the cops will ask you if you have been drinking bec of the time. If they ask you to do the sobriety tests can you just refuse and say just skip ahead and give me a breathalizer instead. I personally think those tests are so stupid. Who can walk a perfectly straight line in heels, and I cant say the alphabet backwards. Would you get in trouble if you said no Im not doing those just give me a breathalizer?

I dont understand that though bec a breathalizer is more conclusive then those tests is'nt it? And no I am not asking this questions bec I am planning on drinking and driving. If I was then why would I want to take the breathalizer?

Anyway the real reason I am asking this question is bec I use to work at a bar and I would always be driving around the "drunk" time. ANyway I have been pulled over a few times and I always failed the test esp the walking one bec I always wore heels but the breathalizer showed 0 so it was fine I proved from the breathalizer I was not drinking and went on my way. (But I did have to do the tests first)

Now I have just recently starting driving again bec I had a horrible break on my leg and walk with a huge limp. So thats why I was wondering if you could refuse if you know you are going to fail it anyway and just move right along to the "more conclusive" test to save time, hassle and in my case pain.

Answer 1

For starters Law Enforcement has gone to three Standardized Field Sobriety Test. They are
1. Horizontal Gaze Nystagmus (Where they check your eyes)
2. Walk and Turn
3. One Leg Stand

Those are the three tried and true test and had been proven that the average sober person can perform these test. If you are wearing heels, the officer will give you the option to remove them if you wish.

Police will not ask you to say the alphabet backwards. As a pre exit test or a substitute test they may ask you to say not sing your alphabet.

If the officer has reason to believe you are intoxicated, and you refuse to do the Standardized Field Sobriety Test, you will be arrested on suspicion of Driving While Intoxicated and taken to the station to give a sample of your blood or breath.

Most states now days have an implied consent law meaning by operating a motor vehicle you have stated you will give a sample of you breath or blood. If you refuse your license will be automatically suspended even if you are not intoxicated.

Answer 2

take your heels off before you start test (that is what I was told to do)... That is no excuse. And I've never been asked the alphabet when I've had to do it. You have to do the field sobriety test first. If you fail that then they will give you a breathalyzer. I blew a .10 after two martinis.. It doesn't take much to put you over the limit! People don't realize you don't have to be sloppy drunk to be over the limit. Everyone thinks they are fine to drive after a few..because everyone else does it.Well, I learned the hard way. Don't drink and drive then you wouldn't even be asking this question.



After reading what you added.. you make a good point.... I dont' think there is anyway around takign all of those tests though.. You'll just have to fail them and prove to them after that you've had nothing. I know it's a pain in the butt and takes up your time but I guess you have no choice....

Answer 3

If you do have a legitimate leg problem...inform the officer conducting the tests. This would most likely rule out all but the nystagmus test. Keep in mind, in my state, a breath test of .08 or higher is prima facie evidence of intoxication. This means that a .08 or higher test result is all the courts need to prove OUI. So if you have been drinking, even a little bit, it is best to refuse the breath test, and let your lawyer argue the rest in court. A refusal does come with a mandatory license suspension, but a conviction of OUI is a lot worse. Now if you have not been drinking at all, a breath test result of less than .05 means that you must be released forthwith (immediately). Again, this is in my state and differs across the country. As for .05 to .08, they can still charge you based on other supporting evidence. Be smart, don't drink and drive!

Answer 4

Every part of the country (assuming USA) is different. In my neck of the woods, Northern California, this is my experience with your thought.

1) Take off your heels. You are allowed.
2) Saying the alphabet backwards is not a field sobriety test. The purpose of a field sobriety test is to determine the persons ability to complete divided attention tasks and follow simple directions. There are three scientifically validated field sobriety tests and numerous others. The tests should be easy for a non-impaired person to perform.
3) Because you think a test is stupid does not lessen its effectiveness in identifying impaired drivers. The walk and turn test, one you find stupid, is scientifically validated as effective in identifying impaired drivers (over .08 BAC) over 75% of the time by itself.
4) If you asked to take the PAS (preliminary alcohol test), a field breath test, this is only a field sobriety test like the other divided attention tests.
5) If you asked to take the actual breath test, these are most often completed at the booking station or jail. Some departments are now using the EPAS device which prints out results and is maintained and treated just like the breath test at the station. The important thing with these two tests (EPAS and the breath test) is that they are the FINAL test which is given AFTER arrest.
6) Refusal to complete the field sobriety tests, coupled with whatever driving observations were observed, and other indicators of intoxication, and a demand to take the breath test would undoubtedly lead to your arrest. This is where your inconvenience starts.

If you then further refuse to complete the breath test, say you were upset now that you got arrested, you would be booked and given a court date. In my county, refusals are resolved one of two ways, plea to the charge or go to trial. No exceptions. Whether you win or lose, your attorney's fees and other fees will be excessive.

If you then agree to complete the breath test, after arrest, and are at a blood alcohol level below .08, you may STILL be booked for driving while impaired based on the other factors. (see California Vehicle Code 23152(a) and 23152(b)).

If you the agree to complete the breath test, after arrest, and have NO alcohol in your system, you will be returned to your car (in most cases) and sent on your way with what is known as an 849(b) PC certificate (detention only). What is your recourse then? False arrest? sorry to say... no. The probable cause to arrest you existed solely on your refusal to participate in a simple field investigation, in conjunction with the officers other observations, which would have set you free within a matter of minutes.

If you haven't been drinking, most officers won't waste their time with you. If you have, you are potentially a 65 MPH cruise missile that needs to be looked into. Everyone driving should appreciate what law enforcement does, every night, to get these drivers off the road. Most of those killed in DUI accidents are the other guy minding his own business.

I know this is long so let me summarize - Yes you can refuse to participate in FST's. Yes you can ask to simply do the breath test. Don't expect to get what you asked for and expect to get what you ultimately did not want in the first place. Free accomodations at the local concrete Hilton.

Answer 5

In Georgia, you can refuse to take the field sobriety test without fear of being charged with the refusal. However law enforcement don't have to give the test. It's purpose does help determine if you are under the influence of alcohol or drugs. I don't offer the test. In its stead, I testify to how the driver existed the vehicle, speech, smell of alcohol beverage, did the driver give me their license or some other i.d., was there an open container in the vehicle? did the driver use the restroom on in their clothes and the redness of their eyes. A few of the things can be explained because of medical problems a combination of several could leave an average person to believe the driver is under the influence. PLEASE don't drink and drive. Call a friend.

Answer 6

You could do that, but the issue is also, are you on Meth or some such. If you will not do the FSTs (field sobriety tests) you will be taken to the station which means bye bye car. Off to impound, You will also get a blood test. They will still book you, and you will get to spend the night with them. Part of the FST's is checking pulse, checking pupil response.
Now if you ask to do the breath test first, they might go that route, but if you start out making demands, you will not like the results.

Answer 7

Sounds to me as in case you got pulled over for a DUI, and are dissatisfied about it! The cop asks you to do those attempt so he has verifiable info of your alleged intoxication! in case you don't desire to be pulled over and do not favor to take those checks, I propose you quit ingesting and utilizing!!! i ask your self what your question might want to have reported if, extremely then having been pulled over, you smashed right into a automobile complete of youthful children and God forbid some one replaced into heavily injured or killed! advance up guy! Is your celebration existence form extra major then the lives and wellbeing of others!?

Answer 8

You would probably not find yourself in deeper trouble for such a request. The breathalizer is, after all a form of sobriety test. It doesn't really sound uncooperative to ask not to have to do something that you may find difficult to do.

Answer 9

No if you refuse to them they will just take you to jail and suspend your license for 90 days in most state.

Answer 10

no trouble, always ask for a breathalizer or blood test.
they will more than likely try to give you a ticket for something else
Cheers