Why do police even bother with the sobriety test? (ammunition, party, states)
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Then why do they allow restaurants to sell alcohol at all? I was at a friends bachelorette party at cracker barrel for crying out loud. Does this mean anyone who just has a few beers at a restaurant that legally sells alcohol should stay 5 or 6 hours there before leaving?
And again, what is the point of having any kind of alcohol limit if you can still get arrested for being under it?
Why are you complaining about getting a DUI in the first place?
Let's recap:
1) You are drinking alcohol at Cracker Barrel
2) You are impaired from alcohol and cannot drive properly, hitting a curb
3) You take sobriety test (result undetermined)
4) You take breathalyzer (FAILED)
5) You are arrested.
As far as I know, that is the proper procedure, and the officer performed his job exactly as they are trained to do.
The o.p. should be resposible for the damage done to the curb. End story.
Two beers/no beers, texting, picking her nose, etc. are all irrelvent circumstances.
The limit is per SE... Where you are deemed legally drunk... You can still be arrested for being under the influence as you well know.. For being impaired at any level below .08 bac
Exactly correct. Functioning alcoholics can pass a physical test quite easily even with a fairly high bac, while occasional drinkers might be slammed at .05.
The OP hit a curb and that is damn close to a sidewalk and that could have gone really bad really fast.
Quote:
Originally Posted by odanny
Why are you complaining about getting a DUI in the first place?
Let's recap:
1) You are drinking alcohol at Cracker Barrel
2) You are impaired from alcohol and cannot drive properly, hitting a curb
3) You take sobriety test (result undetermined)
4) You take breathalyzer (FAILED)
5) You are arrested.
As far as I know, that is the proper procedure, and the officer performed his job exactly as they are trained to do.
Takeaway: Don't drink and drive.
Actually, the OP passed the breathalyzer if I'm not mistaken. The rest, yep!
Why are you complaining about getting a DUI in the first place?
Let's recap:
1) You are drinking alcohol at Cracker Barrel
2) You are impaired from alcohol and cannot drive properly, hitting a curb
3) You take sobriety test (result undetermined)
4) You take breathalyzer (FAILED)
5) You are arrested.
As far as I know, that is the proper procedure, and the officer performed his job exactly as they are trained to do.
Takeaway: Don't drink and drive.
she passed the breath test, otherwise right on my friend.
Quote:
Originally Posted by Steanescarlett
I really don't understand why. I myself have been arrested once when I was younger and what happened was I had accidentally hit a curb (I was 24) but didn't hit anyone, but a cop pulled me over. I told him I had only 2 beers to drink and it was a few hours priot and he made me do a sobriety test and could easily do everything he asked, and he did the follow the pen, walk in a straight line, etc. etc. yet he still arrested me anyway for drunk driving. I have also found many videos on youtube where the person is complying and is totally sober such as this:
Yet still arrested, wtf? If stupid quota cops need their quotas met so damn bad why even bother with the stupid sobriety test and just have you take a breathalyzer? Ever since I have had a great distrust of police and hope to never encounter them again. You may say "Well, you DID drink" but as I said it was only 2 beers and it was several hours after wards so while I did show up on the breathalyzer test (which was obviously FAR below the legal limit), what's the point of even HAVING a "legal limit" if you can be below it, pass the stupid sobriety test and STILL get arrested??
you say you passed the field sobriety test, but we only have your word for it, not the cops word OR the video of the test YOU took. its very possible that you might have passed part of the test, but failed other parts, which is why you were arrested.
the reason for the legal limit is so that there is a standard by which the system can more easily convict someone of DUI/DWI just on a breath or blood test alone. the field sobriety test is where the office can determine of you are impaired while driving. and you had already given him probable cause by hitting the curb. a couple of times in the past LEOs stopped me suspecting that i might be impaired while driving, once when i spun the tires just before getting onto a freeway, and once when i was driving at night, and crossed lane lines somewhat regularly(i had been driving for about 12 hours and i was tired). i was not arrested either time, and the time in tennesse i was told to find a place to stay for the night and get a start in the morning, i took that advice.
I really don't understand why. I myself have been arrested once when I was younger and what happened was I had accidentally hit a curb (I was 24) but didn't hit anyone, but a cop pulled me over. I told him I had only 2 beers to drink and it was a few hours priot and he made me do a sobriety test and could easily do everything he asked, and he did the follow the pen, walk in a straight line, etc. etc. yet he still arrested me anyway for drunk driving. I have also found many videos on youtube where the person is complying and is totally sober such as this:
Yet still arrested, wtf? If stupid quota cops need their quotas met so damn bad why even bother with the stupid sobriety test and just have you take a breathalyzer? Ever since I have had a great distrust of police and hope to never encounter them again. You may say "Well, you DID drink" but as I said it was only 2 beers and it was several hours after wards so while I did show up on the breathalyzer test (which was obviously FAR below the legal limit), what's the point of even HAVING a "legal limit" if you can be below it, pass the stupid sobriety test and STILL get arrested??
The sobriety test is the first step in determining, and starting a legally sufficient evidence trail, if you are impaired while driving or not.
Alcohol is one of many things a person can take that makes them too impaired to drive.
By the way, the "I only had two beers a few hours ago" is the most common thing someone says, even when they are puking, hardly standing drunk. So thank your fellow humans for the cop to be conditioned to not believing you.
The easiest answer to your question is to strongly urge you to not drink and drive no matter what time frame is present.
This ensures you do not have to worry about getting arrested for drinking and driving.
You have a valid question I don't know why they even have anyone do the "walm the line". when they all have PBAs now. Tbags the ONLY test that matters. With the laws the way they are now, if your going go have wine ;with dinner at a restaurant take a cab . A first offense DUI is no twinky thing any more. I'm glad I don't drink. A glass of wine with a good steak and driving home before a couple hours have gone by can cost you big.
My policy with anything that can give a.cop an excuse to pounce is not to do said thing. Interaction of any kind d with LE these days is a roll of the dice. Its gonna suck, no matter the reason. A DUI word be extremely unpleasant and .make the cop and the cop and the jails day messing with you, and the fines make the courts day as well. Aint worth it. There's no upside. Not for a citizen anyway.
If you have an accident and either hurt or worse kill someone, it is too late.
You ARE the problem!
Yeah...no kidding. What a stupid f...ing thing to say.
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