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So last night I was pulled over for suspected drunk driving for the first time in my life. Supposedly other motorists reported me. At least that's what the cop claims. He also claimed I "swerved" 5 times while he followed me for 10 miles. I may have crossed the white line on the shoulder by a few inches a few times but who doesn't? This was a freeway btw.
So he pulls me over and has me exit the car in the freezing cold and proceeds to order me to do field sobriety tests where you walk a straight line, lift your foot, close your eyes and tilt your head, etc and he even held my wrist to measure my pulse rate. I aced them all if I do say so myself. Then he had me blow on what looked like a breathalyzer, but when I asked if it was that, he flatly said NO. I blew because I had nothing to hide since I hadn't had a drop of alcohol. Aced that too so the cop reluctantly let me go. This all took almost an hour in the freezing cold and now I got a fever and sniffles this morning.
So I was wondering if this is what typically happens during a drunk driving stop and if I should have refused to comply. I've been reading articles of what you should do during these stops and they all say to refuse to comply. But wouldn't I have been arrested and my license automatically suspended even though I did not have a single drop of alcohol?
I believe you are right. If you refused, I believe they would have placed you under arrest for suspicion of DUI, and likely tow / impound your car, or have a family member / friend come get it from the side of the road.....I don't know for sure, but I wouldn't blame them if they did....remember, if they suspect you are under the influence, they just can't let you back behind the wheel...best just to do as you did, and go along your way. Also, crossing over the white line on the shoulder IMO is not a common experience....many a stranded motorist changing a tire has been struck by someone just a few inches onto the shoulder, as has police and workers at construction sites.
Refusing to submit to testing in many states is the same as if you failed the test.
License suspended, etc, etc.
I got pulled over for it about 20 years ago.. hadn't been drinking (Ok, I had one beer like 6 hours before).. Cop was a very rural cop.. He tailgated me on a winding road with his brights on for about 2 miles. Finally pulled me over for "Driving too close to the right edge of the road".. Well, yes.. I was over there trying to get him to go past me because he had his brights on.
He comes up with a cigarette hanging between his fingers, with his hands on the window ledge of my car.
Anyway.. He didn't get me out to do the field sobriety tests..
I never go over any lines...even after some beer.
Just sayin'...sorry for your sniffles...I would not have been happy either.
But, yes, you must kiss a** with cops always!
Location: IN>Germany>ND>OH>TX>CA>Currently NoVa and a Vacation Lake House in PA
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Quote:
Originally Posted by Labonte18
Refusing to submit to testing in many states is the same as if you failed the test.
This is not true. You can still be found guilty if they draw your blood or use video evidence to show you were intoxicated, but it's not going to be automatic. What will happen in most states is you'll lose your license for failing to submit due to the whole "driving is a privilege" thing that you signed up for when getting your DL but not for DWI.
This is not true. You can still be found guilty if they draw your blood or use video evidence to show you were intoxicated, but it's not going to be automatic. What will happen in most states is you'll lose your license for failing to submit due to the whole "driving is a privilege" thing that you signed up for when getting your DL but not for DWI.
Umm.. Yeah.. You've lost your license, you're probably going to get fined.. Heavily. The only thing you don't have is a DUI conviction on your record. Some states, you can even go to jail for refusal to submit.
You should only refuse everything if you know you're guilty, then take the chance in court. If you crossed the white line a few times you should be tested, Whats wrong with that?
I think these websites advocating refusal to comply are only for drivers who are drunk and have nothing to lose by refusing. Learned that they could even get in worse trouble by blowing over a certain BAC limit. So I guess if you're not drunk, you should always comply. Makes sense!
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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I would consider yourself lucky and forget about it. If he observed you crossing the white line and swerving he could have written you up for wreckless driving. That is not acceptable, and can cause accidents even if you don't hit anyone, by scaring someone in the next lane who takes defensive action and hits someone else.
If other motorists reported you and the cop following you suspected you were drunk it sounds "fishy". Are you on any prescription medication? Do you text and drive? *** on a cell phone? There must be some reason your driving was erratic.
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