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#32
11-27-2006, 03:13 PM
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Re: Passing a sobriety test
el d,
The results don't change the fact that he handled this really bad. If op is telling the truth about time frames and amount drank he was prob over the limit, and just got lucky. This is the first time I've ever heard of someone getting a field sobriety test, and not having to take a breathalyzer. 
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#33
11-27-2006, 04:10 PM
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Re: Passing a sobriety test
At least on the water all the test, and the PBT are to back the officer up. The person can blow a .01 and if we think he is not able to operate a boat because of that one drink then we can arrest him for BUI. The officer better have his stuff in order though if the person challenges it in court.
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#34
11-27-2006, 04:18 PM
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Re: Passing a sobreity test
I'm amazed you passed.
In general, if you KNOW you are above the limit, and the cop can most likely tell, this is the advice that was given to me: (1) never take a field sobriety test (2) refuse the PBT (3) if you're on the edge, definitely try and stall it out at the station (4) if you're WAY over, you're probably better off just refusing all the tests and getting a really fancy lawyer to try to overthrow the case somehow Let me ask this for anyone who knows: Suppose you KNOW you're done... probably gonna blow a .2 or somewhere in that area. Are the fines harsher if you don't blow, or if you blow and fail?
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#35
11-27-2006, 04:25 PM
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Re: Passing a sobriety test
[ QUOTE ]
[ QUOTE ] They can use the PBT to get probable cause to take you to the station and do a real test is what I get out of that, so yes, they can use them to get a reading and arrest you. [/ QUOTE ] You are correct, however you can refuse to take the PBT, but you're required to take the breathalyzer at the station. The part that most people don't know is that you can stall a TON of time before you have to take the one at the station by telling them you want to call your lawyer and stuff like that. I think you have like 2 hours before you have to take the station breathalyzer. This can be enough time to lower you BAC enough that you wont get in trouble. On a side note, it's a great idea to have a phone number for a lawyer who's good at DUI's in your phone for times like this. Most of them will come straight to the point where you're pulled over if you give them a call. Might cost a little money, but if you think it's gonna be close it's worth it. Especially because he might see something the officers did wrong that will get you off the hook. [/ QUOTE ] in GA you can refuse all the test including ones at the station but they suspend liscence for a year. If you take it at station and not on the road they actually factor in the time elapse since they took you from your car to estimate your BAC. we also have a "less safe DUI" in which any BAC can get you a DUI if the cops want to give it.
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#36
11-27-2006, 04:29 PM
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Re: Passing a sobriety test
[ QUOTE ]
This is the first time I've ever heard of someone getting a field sobriety test, and not having to take a breathalyzer. [/ QUOTE ] I've been pulled over really stoned before and the officer made me get out and take a field sobriety test. She said I failed the pen-eye test, so I told her she should just go ahead and Breathalyze me. Once I suggested that, she said "well you must be stoned then." At that point, the accompanying officer politely suggested to her that they just let me go. It was pretty funny, she hit the nail right on the head. Can they practically do anything if they suspect you've been smoking pot?
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#37
11-27-2006, 04:29 PM
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Re: Passing a sobriety test
[ QUOTE ]
hmmm, this is a bit of a hijack, but we need to seriously re-evaluate drunk driving policies in america. until we come up with a reasonable, fair, consistent policy, there will continue to be way too many accidents and way to many disproportionate penalties. why is it so hard for lawmakers to distinguish between drivers that may be slightly impeded after 2 or so beers, and drivers that have had 17 beers in a night? right now the penalty is the same. and cops are forced to be the decision makers - whether to risk their job (to whatever level it is in jeopardy) and the lives of others by leting someone drive off technically drunk and potentially kill someone, or to arrest someone after 2 or 3 drinks at dinner and ruin their lives. and i would MUCH rather rely on cops than on a strict following of a ridiculous law, but cops are human and maybe the one you run into is a jerk, or a racist, or he's having a bad day, or he thinks drinking and driving is ok and lets anyone off the hook. if the penalties were proportionate to how drunk a person was, cops would be more likely to enforce the law and people who are going to the bar anyway might stop after 6 drinks instead of drinking 9 or 10 because they know if they do get stopped, it will matter that they are less drunk. [/ QUOTE ] Companies that produce alcohol don't like laws that reduce alcohol consumption. Companies that produce alcohol own the politicians.
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#38
11-27-2006, 04:31 PM
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Re: Passing a sobriety test
[ QUOTE ]
[ QUOTE ] This is the first time I've ever heard of someone getting a field sobriety test, and not having to take a breathalyzer. [/ QUOTE ] I've been pulled over really stoned before and the officer made me get out and take a field sobriety test. She said I failed the pen-eye test, so I told her she should just go ahead and Breathalyze me. Once I suggested that, she said "well you must be stoned then." At that point, the accompanying officer politely suggested to her that they just let me go. It was pretty funny, she hit the nail right on the head. Can they practically do anything if they suspect you've been smoking pot? [/ QUOTE ] Search your car for drugs would be the obvious answer. And I'm sure there's something about operating a vehicle while under the influence of a contolled substance that they could bust you with if you were dumb enough to admit it.
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#39
11-27-2006, 04:37 PM
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Re: Passing a sobriety test
[ QUOTE ]
[ QUOTE ] Italianfx, This could be the case, this is kinda the area i'm not really sure about. I thought it was a lot harder to get deferred judgement if you have blown high numbers instead of refusing to blow. I could be wrong on this though. [/ QUOTE ] I don't really think it matters what the numbers are when it comes to your first DUI. I guess every case is situationally dependant. I know for sure that before I started working, I was on a ride along and we got into a chase, and the officer arrested the kid for fleeing/eluding, DUI, and stop sign violations and the District Attorny dropped the fleeing/eluding and got the kid ARD since it was his first DUI. If he would have went through with the fleeing/eluding charges, he wouldn't have been eligible for ARD. The officer agreed to drop the fleeing/eluding charges also. [/ QUOTE ] One of my friends just got a dui last Friday coming back from the Nebraska game where he blew a .17, and according to a state law recently passed, anything double the legal limit or over is a mandatory 1 year license suspension and 30 days in jail. He would of definitely been better off refusing to take the test. Also, I've known multiple people who have passed the sobriety field tests, and weren't given a breath test. I've also known people who were driving wasted and were pulled over for a stupid violation like a broken headlight, told the officer they hadn't been drinking, and they weren't even asked to get out of the car. Certain people can "sober up" in a hurry when they have to.
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#40
11-27-2006, 04:39 PM
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Re: Passing a sobriety test
[ QUOTE ]
I'm ignorant to the process. It is a good idea to refuse this test? [/ QUOTE ] If you are going to fail then obviously yes.
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