Why Is There A Need For Field Sobriety Tests AND Breathalyzer? (speeding, '62)
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Isn't it true that if a person blows under the limit he's not charged with DUI regardless of how poorly he did on the field sobriety tests?
I don't do any driving with booze in my system, and do not have any disabling medical impairment but there's no way in hell I can do some of those field sobriety tests, simply because of my age. If you ask me to walk with one foot in front of the other, you might as well ask me to do a double back flip while you're at it. And even 40 years ago when still playing playground basketball and Sunday morning flag football, I couldn't stand on one foot for too long.
So what happens if a person fails or refuses to do the field sobriety gymnastics, and instead asks for and passes the breathalyzer?
And while we're at it, if the motorist passes the gymnastics test, does the cop cancel the breathalyzer?
Last edited by Calvert Hall '62; 01-16-2016 at 09:55 AM..
So what happens if a person fails or refuses to do the field sobriety gymnastics, and instead asks for and passes the breathalyzer?
DUI stands for many things, depending on where you are. "Driving under the influence" or it could be DWI, "driving while impaired" or "driving while intoxicated."
If you pass the breathalyzer, then no, you're not under the influence of alcohol, BUT you could still have your driving ability impaired for some other reason (there's supposed to be a reason for why he stopped you in the first place, so chances are you were exhibiting some unsafe behavior behind the wheel, whether you were drunk or not.)
Accept the breathalyzer test. If you pass, that should normally be the end of it. However, if the cop also wants you to do the field test, you can simply state the truth, that because of your age, your balance and agility are just not what they used to be.
My father got pulled over for speeding once, he was coming home from my house where we had been staining a fence. Anyway, I guess there was a strong smell of alcohol on him from the paints, rubbing alcohol we'd been using to clean the brushes and stuff, so the cop asked him to do a field test. My dad had an inner ear infection that affected his balance when standing, he told the cop that, and did the breathalyzer instead and passed, went on his way with just a speeding ticket.
In my state, (WA) The purpose of roadside tests is to establish probable cause for arrest. Participate in those at your own peril, because you don't have to do them or incriminate yourself.
In court, they have to prove two things... one that they had probable cause to arrest you, and then, that you are in fact guilty. If they miss on the first question, we never get to the second question.
The official breathalyzer test is given AFTER arrest.
Important distinction between roadside breathalizers and the 'real' breathalizer back at the station. The roadside test is, again, only admissible to establish probable cause. It doesn't actually measure alcohol, it measures CO, which is a related result.
The official admissible test back at the station is a much more elaborate machine, with routine required calibration, and a required process required before administering where you must be under observation to prove nothing went in, or came out of your mouth for 30 minutes. If you drink anything, or barf, the timing has to start over.
I don't do any driving with booze in my system, and do not have any disabling medical impairment but there's no way in hell I can do some of those field sobriety tests, simply because of my age. If you ask me to walk with one foot in front of the other, you might as well ask me to do a double back flip while you're at it. And even 40 years ago when still playing playground basketball and Sunday morning flag football, I couldn't stand on one foot for too long.
The test isn't pass/fail based on completing the task. They expect you to fail the test. The tests are designed to get you off balance. Sober people will get off balance, and correct themselves, usually (some of us are more graceful than others). Drunk people can't get back to balance easily and over-correct.
IOW... failure is normal and expected... it's the reaction to the failure that matters.
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