Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Well remember you do not have to answer the cop questions. I had a cop ask me that before and I just asked him a question back like is there anything else I can do for you? Are we finished her yet. Cop was just looking for anything. Anyhow he let me go
While that is probably true, how would it have helped my case to be uncooperative with the cop when I had nothing to hide? I realize that you are saying that the cop was likely trying to get me to self-incriminate myself, and that you are likely right. But given that my blood alcohol content would have been 0 (or something negligible) at the time, wouldn't it have just been to my advantage to cooperate, as I did?
In any case, when a cop asks "have you been drinking", how far back in time do you legally have to go for it to still count? And, how much do you need to drink before it counts as "drinking"?
You CAN be arrested for not complying with an officer. Happens all the time. And remember, there aren't just state laws. There are also county and town/city/village laws. In my county, refusing WILL get you arrested. But you enjoy spending the night in the county jail.
Link us to the laws you are referring to. You clearly do not understand the difference between field sobriety testing and required chemical testing after arrest.
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.
Refuse and you will get hit with the same penalties as a failure. That includes jail time, SR-22 insurance and everything else.
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.
Of course he was "reluctantly" letting you go. He is probably in a police force that has competitions with other police forces in the area to see who can get the most DUI's that month. This goes on all over the place and reeks of corruption. You are VERY lucky you did everything perfect or you would have been a feather in that cop's cap AND the cop would get a wonderful congratulations from his captain, because they would be doing better in the competition with other departments. There are a lot of officers looking for the prize out there. Glad you got away with the pull over. I am sure MANY others aren't as lucky. Gotta keep those statistics going. Thank you MADD (one super powerful lobby).
Refuse and you will get hit with the same penalties as a failure. That includes jail time, SR-22 insurance and everything else.
For what states? For first offenders in NY, the refusal for chemical testing after arrest is $500 fine and 1 year suspension of license, no jail time. They can get a court order for blood testing if property or body damage are involved but for that refusal alone, those are the only penalties.
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? ol?
Now, a ways down that page, is a paragraph dealing with our topic, what they like to refer to as "chemical testing". A blood, urine or breath test.
Note....it says AFTER you have been arrested. So if a cop asks you to do a field sobriety test, you can and should refuse. Your license is safe. You can do the same for the field breathalyzer. HOWEVER if the cop then arrests you because he has specific articulable facts (ie a smell, slurring, poor driving, stumble etc) then you have to take one of the tests back at the station or you will lose your license.
I don't care what your DA's personal story is. He has to follow state law or he wouldn't be the DA for very long.
You stated earlier that when a cop pulls you over and orders a field sobriety test, he has already made up his mind to arrest you and that there's nothing to gain by complying since he's just looking for more evidence against you. Yet I complied and was let go, so how can you still claim that you are correct?
I was pulled over once yrs ago on new years eve. I was told to walk a line & touch my nose. I passed but I was lucky. I was a bit tipsy & the cold weather woke up.
You stated earlier that when a cop pulls you over and orders a field sobriety test, he has already made up his mind to arrest you and that there's nothing to gain by complying since he's just looking for more evidence against you. Yet I complied and was let go, so how can you still claim that you are correct?
Thats not what I said. I notice this is the second time you have stated that. Here is what I said
Quote:
Originally Posted by justanokie
No.
In your case he didn't have probable cause for arrest at first (but you didn't know that). So he asked you to do some tests. Doing the tests didn't help you at all. After you did them he still didn't have probable cause so he had to let you go. If he had probable cause then HE WOULD HAVE ARRESTED you even though you passed the tests. He would prefer you to get a blood test or urine test done if he really thought your were DUI because there is more than just alcohol that can lead to one. So if he did have probable cause he would have arrested you anyways and hoped that your blood or urine popped on some drug.
So you see, doing those tests was gambling that you passed and the cop didn't get enough cause for an arrest.
I will explain once more.
First once a cop pulls you over he is trying to do one thing. Find enough probable cause to arrest you. he has found cause to stop you and do an investigation. So thats what he is doing. Investigating.
Lets say he pulls you over for swerving, going over the white line or something similar. So he is already suspecting DUI. He can't arrest you at this point because all he has is your driving. Thats never going to hold up in court by itself.
So he walks up to your door...he is looking to see how you respond to questions, if you slur your words, if you fumble your license trying to get it out etc. He is going to lean close and check for the alcohol smell, and shine the light in your face to check you eyes. If he sees one of these then he is going to pull you out of the car for sure. Even if he doesn't he can still pull you out.
Now he is going to ask you several questions. Try to catch you in a lie, or slurring or getting confused etc.
Then he is going to ask you to do some field sobriety tests. finger to nose, walk a line etc. Depending on the state he may also have a portable breathalyzer that he wants you to blow into.
Doing these things, answering questions, blowing in the handheld breathalyzer, field sobriety tests is only going to do one thing. Give the cop evidence to arrest you.
If he doesn't arrest you its not because you did the tests, its because he still doesn't have enough evidence to arrest you. People pass the roadside breathalyzer or field sobriety tests and get arrested all the time.
If a cop has you for swerving, and sees your pupils are dilated or something else then I don't care if you walk a line, hopping on one foot, touching both fingers too your nose while your blowing a 0.00 on a portable breathalyzer.....He is going to arrest you. He already has enough to arrest you, he knows the handheld breathalyzers aren't foolproof.
Now you have to realize that the reverse is also true. If he doesn't have enough to arrest you, and you refuse the roadside tests, then he isn't going to get enough evidence to arrest you.
Now if he does have probable cause and arrests you then you have to do one of the tests back at the station. If you refuse that part, then your going to lose your license.
I occasionally do. I don't use the phone in the car and I apex corners, use the entire lane, and touch the lines sometimes (and when apexing an inside corner sometimes use all the pavement, if that's over the white line a bit, so be it. I've never crossed the center line or a double yellow, and unlike some of you, I can actually see people on the side of the road and so have never come close to anyone there). I have never had an accident or caused an accident/close call in 38 years of driving. I love to DRIVE and have been doing it well on the street and faster on the track for close to 4 decades.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
