I think it should have been made clear that "passive refusal" of a test (whether breath, blood, urine or field sobriety) is not likely to prevent one from being arrested and prosecuted. It is done to establish an arguable defense at trial. Regardless of what you do or say the cops will most likely be taking you to jail.
if they're requesting a FST or roadside breath test they're arresting you. They've already decided that. They just want you to provide more evidence against yourself at that point.
i asked for a lawyer prior to the breath test, (i was under arrest for suspected dui, and have the "right to an attorney during all questions and tests")....state of fl, still counted that as refusal, and suspended my drivers license for a year....the cops "lost" the video of me asking for the lawyer......so be careful out there folks !!!
@@FloridaMan02 wouldn't be hard to remember if you weren't drunk and driving. From your original post it implied that you weren't drunk, just suspected. Honestly if you were drunk, then why should anyone care what happened to you? Are you even sure you asked for a lawyer? If your judgement is/was clouded enough to drive drunk, then how can you say that the words you wanted to say were the words you said definitively?
@@UpYourArsenal blaming a victim? There is only one type of person who defends driving drunk. Someone who drives drunk. Not only is it illegal, its dangerous.
"My attorney has advised me that breathalyzer tests aren't always accurate. I'd like to submit to a blood test to insure my innocence." And stick with it. Most traffic police do not have this capability at the squad car. It usually takes more than an hour for them to comply.
Yup this is my go to. Insist on the blood draw or the more accurate breath test at the station. I'd rather get my car impounded than get a dui. These days, that follows you for the rest of your life
I had just been read Miranda rights, and then the questions from Police began. I requested attorney and doctor advice (citing blood medications) before replying to unwarranted blood sample requests. MVD Judge acknowledged no denial - cited 20m time limit for affirmative response to unwarranted requests. Office obtained search warrant and informed that request would be competed with force if necessary. 1 year license suspension, classes, insurance, the works for violating implied consent as decided by a single administrative official (who also handles appeals to their own case!!). AZ implied consent has no limitations cited (other than unconsciousness) for number of requests, number of tests required, duration of tests, or type of tests as demanded by individual officer (breath, blood, urine, electric probes, whatever). 0.04% no DUI. Police report "inaccurate" - all charges dismissed. MVD suspension remained along with 3 years of additional requirements. Love your videos!
Even if your not drinking you can still be charged with dui. I saw a video where a man supposedly failed the fst, arrested, and took a breatholizer 4 times and each time blew 0 each time, and was still charged.
From a DUI cop's perspective the word Drug has a very specific definition - "Any substance which when taken into the human body can impair the ability of that person to operate a motor-vehicle safely." That's not a legal definition - it's NHTSA / IACP / DECP.
From an attorney, if a cop asks you to submit to either a breathalyzer test of a roadside sobriety test they have already determined you are going to jail.
I sat on a jury impaneling where the DA ask, "Can you find this man guilty of DUI even though there was no outward sign of him being impaired?" I responded that every day that I have driving into town this week for jury duty, i have almost been hit by some idiot staring at their cell phone while driving and you want me to find a guy with no sign of impairment guilty, I think not! Probably should have kept my mouth shut and voted not guilty, but hopefully I tainted someone else.
You cannot pass the FST. Simone Biles totally sober could not pass the FST. There is no requirement to perform the test. Say what this lawyer says, "I want to consult an attorney before any tests." Any lawyer, hell any first year law student, will tell you don't do the FST. Stick to it.
In Florida you can refuse a Field Sobriety Test. However, that will not stop an officer from arresting you and at THAT point you cannot refuse a breathalyzer test. Penalty is 1 year revoked/suspended license for first offense, 18 months plus stiff fines for second and over.
Revenue generator or a good idea to keep drunks (like you) looking for an easy loop hole in the laws from killing others. Don’t want to risk the hassle of a stop and DUI investigation? Don’t drink and drive. Obey the traffic laws. Simple as that.
You still go to jail for drinking and driving, if you kill someone you think you should get off because you did or didnt refuse and order after you killed someone?
Belch every 15 minutes. Stomach contents belched must be given time to clear the throat to have a valid test. I belch when stressed. Every 14 minutes. Untill the stress is removed.
@@thomasryan2679 In no way shape or form is that refusing. You are the tyrant that "we the people" are sick of. Maybe move to North Korea, you'll like it there.
COPS JUST FABRICATE THERE REPORTS !! JUST DO A FEDERAL LAWSUIT !! STATE JUSTICE JUST HELPS COPS LIE LIE LIE !! TAXPAYERS ALWAYS GO TO JAIL FOR A PLEA DEAL !! 😎🇺🇸💶💶💶💰💰💰👎👎👀👀
Insisting on a blood test will give you precious time for your levels to plummet. By the time they take you to processing you're no longer drunk. This takes time but it beats a DUI charge.
@@streetsbolt It all depends. If you drank recently, and especially with food, it can allow more alcohol to be absorbed into your bloodstream. But if your last drink was an hour or more ago, all the alcohol is already in your bloodstream, and you're on the downhill side of the curve. Any delay then works in your favor.
Let me give you some better advice. 1. Don’t drink and drive (duh) 2. Get out of the car if you’re told to, and get back in the car or stay in the car if that’s what they tell you to do. Case law supports this, so don’t argue with the cops about it. 3. If you are legally detained, provide your drivers license or identification, registration, and insurance. 4. Otherwise, exercise your fifth amendment right to remain silent and do not say anything. Nothing. You do not have to answer questions. You do not have to make statements. Anything you say can and will be used against you. This includes field sobriety tests. Do not do any. 5. If you believe that the police are doing something that they do not have the authority to do, don’t argue with them there. Get a lawyer, and fight it in court. Fighting with the police or arguing with them on the side of the road will not get you anywhere and will probably result in problems. 6. Do not consent to searches ever. Do not speak with the police as stated above because they may simply be prolonging the traffic stop in order to try to get a dog there. Cops cannot legally prolong the traffic stop longer than it takes to write a ticket unless you are silly enough to have a conversation with them. 6. Think happy thoughts. You’ll BE happy.
@@UnskilledGrappler right to remain silent? Isnt that if you're under arrest? But anyway, even if one has that right, it can still be used against you as well.
fantastic channel, I am thankful for the YT algorithm for pointing me here. Never had an arrest or anything like that, but I want to learn, great work guys.
Not sure what states your guys are in but this advise doesn’t work in many states. Implied consent in many states does not allow you to ask for an attorney roadside.
Tks 4 ur reply. These illegal acts by police need 2B prosecuted. The local gov'ts will not prosecute police who commit crimes. The local authorities, just like the police IAB, will always protect bad cops. These police crimes need 2B stopped by U.S. Attorneys. Is it any wonder why most people do not trust, or like police? All police believe they R above the law, and tt they decide what rights a citizen has. All this means is tt the taxpayers hv 2 pay the tab 4 the hoodlums.
All the comments clearly show that we have a problem with policing. Ordinarily, if all is above board, we want people to not drink and drive, and to be appropriately interdicted if they do. Because the threat to life and property is so severe, and because the offense is so easy not to commit, we want serious consequences to the offender AFTER DUE PROCESS. (My preference for first consequence is to confiscate the vehicle, still require the offender to make any loan payments, and prohibit carriers from writing insurance for a period of time. In addition to any fines and restitution. Second and subsequent offenses, greater severity.) But we have too much verified testimony of cops inappropriately charging DUI, even of teetotalers. I don't know how prevalent this is, and I don't care. Once, anywhere, is too many. When discovered, like nearly all bad policing, we need stiff consequences for the guilty officer(s), and ALSO for all in the chain of command fostering or failing to interdict and prevent such behaviors. No immunity. I understand simple mistakes; rectify those, compensating the injured, and move on. But negligent and intentional practices (poor or absent training is AT LEAST negligent) cannot but be criminal, and also require substantial civil restitution.
Maybe not, but you have a right to consult one before incriminating yourself. Losing your license either way - better to not take the DUI in the process. Especially if you're sober, like those 600 people in Tennessee.
There are PLENTY of attorneys who have someone to answer the phone number in the phone book, 24 hours a day, and will call back within a couple of minutes. I've been a cop for 20 years and have had plenty of DWI arrestees get a hold of attorneys at 2 and 3am.
Everything these guys say is 100% accurate. I refused FST, a field breathalyzer was ever offered. I chose a blood draw for the test at the cop shop. My problem was with the judge when we petitioned for dismissal based on lack of probable cause for the arrest. By that time, the judge had already seen my blood draw and even though BY THE LETTER OF THE LAW there was not enough probable cause, there was no way she was letting this case go. Her mind was already poisoned by evidence gathered after the arrest. I showed no outward signs of intoxication, no slurred speech, no motor skill impairment. The one fact of "odor of alcohol" was enough for the judge as it has NEVER BEEN ENOUGH in any other case. I couldn't afford to appeal that motion ($12K) so I was f*&ked.
Yes, because of MADD and the money aspect these states, county's won't let up on stopping people riding home from a meal or a evening with friends. I have been very lucky for years but mostly stayed home
Blame the cops, blame the judge, claim you didn't act drunk too. Everybody is either wrong or lying except you. Your name is denial which is common among alcoholics.
In NJ, DWI is a NON-JURY trial. The offense, "refusal to give a breath sample," actually is FAILURE to give the sample. (strict liability) If a driver delays and then offers to comply, TOO LATE -- already in violation. Also, in NJ, DWI is a "violation" of Title 39, not a "crime" (Title 2C) -- NO "right to counsel."
Yep. Circa 1983 I actually was allowed to contact my attorney (late one night) and he ask how much I had had, I told him "about 8 beers" he said I'd blow about .1 "go ahead and blow". He was right, but I was convicted (.10 was the limit back then).
I have a nagging concern about a dwi arrest. A motorist rear-ended another car. Two children were hurt. This increased the level of sensitivity among cops and FD. The responsible driver was a screaming, kicking, and cursing idiot. He resisted every field and breath test. He refused to stand still to make proper observations or to smell his breath. He refused the instrument at the precinct and was held overnight in a cell for DWI. Is it possible, he reacted terribly but was not drunk? In retrospect, he was a jerk, but I'm not convinced he was intoxicated. I asked the arresting officer this. He was a sincere and patient guy. He said no and I want to trust his judgement. But I have doubts.
In America…the law of the land is…you are innocent until proven guilty. That said, the burden of proof lies with the plaintiff (police department). 5th amendment is clearly worded. You do not have to answer any questions that could incriminate you…and you have the right to consult an attorney for legal advice, on how to proceed in your best interest…not the plaintiffs best interest…it’s unconstitutional for a judge or for law enforcement to punish you for exercising your 5th amendment (suspension of driving privileges, fines, jailtime, or both…for refusing a breathalizer) technically, you don’t have to assist LEO’s in manufacturing a case against yourself (breathalizer, walking a straight line etc.) technically, you don’t have to say one single word…it’s the plaintiff (police) who must prove your guilt…WITHOUT YOUR PARTICIPATION…jail jail time for refusing a breathalizer is ‘unconstitutional’ from the getgo…”any law made that infringes your constitutional rights or go against the constitution are null and void”…that’s in our constitution…what is so hard to understand?
Constitutional rights only apply to wealthy and powerful people, not regular citizens like you and me. The legal system is utterly corrupt and meaningless.
Many states will do breath, urine, or blood. If you refuse the breath test, some states certify their LEO's as phlebotomists, and they will forcibly draw your blood right there at the roadside, or in a van parked nearby. Otherwise you're going to be cuffed and transported to some place where they can draw your blood, or where you can urinate discreetly while you are watched. Either way, if you declined the breath test immediately, you can usually expect to be detained until you are forced to undergo testing at the first opportunity. What you're doing is praying that they'll delay long enough that your BAC will drop below 0.08 or whatever. That's a rough gamble, because most states have sped up the time to test for that reason.
Wrong - dirty cops arrest completely clean drivers all the time based on sobriety tests. Search Knoxville TN - 600 innocent people arrested in the past few years.
Are you serious? I just was made public how 600+ SOBER people in Tennessee were arrested for drunk driving. Are you really so naive you actually think cops only arrest/charge guilty people?!
That’s good advice. I still believe the best thing to do is not speak to them at all. Not even a word. In your scenario he could just say he smelled alcohol. He can do that anyway, but if you’re talking I feel it’s an easier sell to a jury. Don’t talk to cops. Hold up a laminated card saying you invoke the 5th and want a lawyer.
unless u live in Palm Bay, where bodycams only recently have been implemented even though they've been getting funding for bodycams since 2014. When asked what tax dollars actually were spent on, if not on bodycams, PBPD will tell you that they've spent the monies on ammunition's. on a different note, can a cop refuse to give a request breathalyzer, blood, and / or urine test? According to PBPD they don't have breathalyzers in their cruisers, due too the "heat", claiming that the "heat" throws off the calibration. However, on the ticket, they wrote down refusal of breathalyzer. Crooked cops seems to be everywhere these days, as a resident of Palm Bay, the PBPD makes up law as they go..
All fine and dandy in some cases/states. However... 1. If you get arrested and have your license revoked, even if temporarily, this is going to be a huge hassle. 2. In the communist republic of Illinois (as well in other states?), if you refuse a breathalyzer test, your license is automatically suspended (for 90 days). So the decision of whether to relent and take a breathalyzer becomes becomes even more important if you've had a single drink.
In Florida, you must be arrested for DUI prior to being taken to a fixed breath test machine and the towing of your vehicle. The portable breath devices are not the ones used to determine your actual level of alcohol in your breath/blood. The breath test machines give the subject a fixed amount of time to provide an ADEQUATE blow into the tube. If the subject does not blow or tries to give weak samples the machine will automatically indicate a REFUSAL after the allotted time has expired. Subjects have the right to request, at their own expense, a blood test. The subject will be given an opportunity to locate and arrange for an outside medical facility to send someone to obtain the blood sample from the arrested subject at his expense. The subject cannot ask for a blood test in place of the breath test. However, the officer may request a breath and then a blood and/or a urine sample from the subject. Failure to provide any sample(s) requested by the arresting officer will result in a refusal suspension even if the subject provided one of the requested samples; the subject provided breath but refused to provide urine. The breath can be used as evidence and the refusal of the urine can also be used as evidence of a refusal. Refusals have an automatic suspension beginning a few days after the arrest and is independent of the results of a DUI trial. There is no right to counsel prior to any offered tests, physical or chemical.
A motorist can confer with an attorney, but this cannot unnecessarily delay testing. We had a drunk refuse the test stating he was waiting for his attorney to call with advice. The tactic didn't work.
I don’t drink, but I also don’t trust the portable breathalyzer. Would it be appropriate to simply say I will consent to a blood test or a test on reliable equipment at the station? Would I still be liable for refusing the roadside test?
Police Officer here - yes, if I stopped you and was conducting a DWI investigation I would have no problem with you requesting a test on the intoxilizer at the jail (which is the test that really matters anyway.) This is called a "Pre-Arrest Test." A lot of people don't know that the roadside breathalyzer test is not admissible in court anyhow - it just gauges an approximate BAC level. If a Pre-Arrest test is done though, if you blow a 0.08 or higher you are then arrested at that time and the process continues as it normally would after you get to the jail. So to answer your question, no you would not be liable for not wanting to do the roadside breathalyzer test.
@@thomasryan2679 wow…must have really struck a nerve. It was a simple question? I’m required to submit to a test, but the portable breathalyzer is not admissible. Yet my wanting to clarify my obligations under the law offends your sensibilities? And your response is just bend over and take it? I swore the same oath in both the US Army and the Air Force, and I WILL NOT ALLOW ANY THUG TO ABUSE RIGHTS I’VE SWORN ON MY LIFE TO DEFEND. So which is it…you’re either a boot licker or a tyrant gang member? Either way you can go F@&k yourself!
@@thomasryan2679 i'll take the cufs then anything that results when im under the limit at the station will get me a settlement if im not immediately released
Having an attorney present is not a right during a DWI investigation and not taking the breath test (BAC) is a refusal. All you have to do is look at the Omnibus DWI statement of rights and it plainly explains this. I've seen several people try this and guess what all went to trial and found guilty or plead guilty because they tried to use that exact tactic for a suppresion hearing and was not suppressed then plead guilty.
There's been an appeal stating, if the lawyer is in the lobby of the precinct, let him in and provide reasonable time to confer with his client. He can also witness the tests.
Question: will you comply? Answer: i would like to have a smoke. Question: are you not complying? Answer: i'm not saying I'm not complying. The words I will not comply never left my mouth. Point is, I'm not buying this advice. You're not being asked if you want a lawyer. It is still refusing to cooperate. If you aren't doing the thing that is part of the investigation, then you are not cooperating with the investigation.
You can cooperate while refusing to provide anything you're not legally required to. Q: What's your social security number? A: I do not have to provide that. Q: Are you not complying?
Are there any states that require breath test PRIOR to being arrested for DUI/DWI? I would simply ask, "Am I under arrest?" If the answer is no, then my answer would be "No, thank you."
You are not entitled to have a lawyer present at the side of the road. If you want to get by the breathalyzer test, take it but don’t blow hard enough and it wont complete the test. A warrant is needed for bodily fluids. They are not going to find a judge to sign a warrant quickly.
It was always my understanding that if you had been drinking and knew you shouldn't be on the roads(which U shouldn't if your impaired)your best bet is to refuse any breathalyzer test,and blood test unless they obtain a warrant for such,the idea being no test no exact numbers of intoxication?.
In Pa when you are licensed you agree to the tests if suspected of DUI or DWI, which may not be the same thing depending on what state you are arrested in. If you refuse to test it is a mandatory 1 year suspension of driving privileges. The test is either a breath or blood test, and in certain circumstances they can force a blood test. But the issue now with all the various drugs out there is a breath test won't work for THC impairment. Which is why some states have separate laws, Driving while intoxicated or Driving under the influence. And, of course, many legally prescribed meds can cause impairment. That will still get you a guilty of one of the charges.
It's an 'arrest' record, not a 'conviction' record. The arrest, regardless of the outcome will follow to every job interview you ever have. It will also be in the national registry. In other words, you cannot win.
As a jurist, I would assume any refusal of a breathalizer, passive of otherwise, was a big strike against you. You can argue the results if it's borderline .08, and I will listen, but refusing is saying you have a chance not to pass so you don't want to risk it, where I want to see the results, then hear your explanation. Field sobriety testson the other hand, refuse all you want, it's subjective and I can understand refusal. It's balance, and some people are not coordinated to hop on 1 foot.
My wife just got hired then dismissed from a state job (Massachusetts) for not having a vaccine. They said they "couldnt accomodate" her religious waiver. Do we got a case?
Reach out to KrisAnne Hall and ask if she can refer you to an attorney in MA, it's going to be an uphill battle there , so be prepared. If KrisAnne has no contacts in MA you may try reaching out to Katherine Henry, another great Constitutional Attorney and inquire if she can refer you to someone in MA.
@@eddwinnas the actual approved jib is not availible. The one out now was for emergency provision. Discovery of phizer docs are trickling and and don't look good. Coercing medical procedures is a crime.
@@eddwinnas KrisAnne is in Florida and Katherine Henry splits time between Florida and MI. Just FYI. Both have TH-cam channels that you can look up for more info on reaching them.
The consequences of refusing a breath test are just too high in most states. Most people would be better off taking the DUI. Many states have a magistrate on call for a blood test, so there is no escaping it.
Love how you can sleep at night helping keep impaired drivers/habitual drunks from facing consequences. You help dangerous drivers stay on and get back on the road. Thank you for your service.
@@CharlieTWilbury my job is to make the roads safer. I am confident yours is not. You are implying I can’t conclude such from the information presented. You make the implication because you don’t know my background. I get it, but you’re completely wrong.
You mean like the liveried American Gestapo agents that engage in high-speed pursuits, drive TWICE the posted speed limit without emergency lights with impunity? This police state is made possible by simps like you. Remember Uvalde? I bet you would defend a drunk cop driving a squad car. You disgust me.
Hand held breathalyzers are notorious for false positives. You definitely need to talk to your Attorney before you do a breath test. The Santa Clara County, California District Attorney had to dismiss nundreds of DUI cases because the breathalyzers were defective.
Nonsense. The obstructionists who keep double-talking when asked a yes or no question if he will take the breath test at the station, and the cop just then checks the box on the form as a refusal. Now he gets a 1-year suspension automatically of his license for violaying Implied Consent Law, instead of a much shorter suspension he would have received. Here in Phoenix Arizona, that refusal just results in the cop getting a quick search warrant and they take your blood. In other states where they don't do that, people think the refusal then means they can't convict you because they can't get your BAC,,,,wrong. Now the judge will just instruct the jury that your refusal can be viewed during deliberations as an admission that you knew you were impaired and guess what.....most juries will then convict.
@@LegalBro engineers tend to think more like judge dread than actual lawyers/judges. You leagle people have a much higher threshold for gray area. ~Enginineer married to lawyer.
this is the same as refusing in Michigan and you lose your license for a year. So if you are ok with that then refuse and hope to God their are severe drunks on the jury 6 months to a year later.
Perhaps you should google "600 SOBER drivers arrested in TN" before you virtual signal for the Uvalde heroes. The worst criminal gang in this country has masonic tattoos, wear badges, and use a desecrated American flag as their colors.
No. In every state I am aware of, when you are licensed you agree to be tested if suspected of DUI OR DWI. In Pa it's a mandatory 1 year suspension of driving privileges for refusal of either a breath or blood test.
Of course, these strategies only apply if you suspect you may fail the test... How's this... (hope they won't call it obstruction) "Hello officer," driver croaks, "Pardon me, I have a sore throat. Let me just use my throat spray..." Spritz, spritz. "Field sobriety test? No, notoriously subjective and unreliable; I've seen to many videos with police calling every little deviation a fail. Breathalyzer? Sure, oh wait, I just realized my throat spray contains alcohol. We'll wait? Any idea how long is needed to get a valid reading. I'm not sure the law allows you to extend the traffic stop that long. Also, for my health and comfort I'm probably going to have to reapply the throat spray before it wears off."
An Uber/Lyft is a more reliable way to avoid a DUI and all the expense that comes with it for a lot less money. And, no jury has to hear any sort of defense.
Good lawyers always tell you never to talk to cops period.... There is no expectation that you have to talk to a cop other than being in a courtroom of law.
#Q….where do states get the power and authority to force car dealerships to send the original manufacturer’s title to any automobile being purchased to the state d.m.v ? And if the dealership fails to do so ….the state can and will pull their business license ….or if you insist on having them give you the original title… the dealership will tell you that they cant sell you the automobile then……so if the dealership doesn’t help the state gov. steal your newly purchased automobile… the dealership will no longer be in business So the state can take my property and force me to get a license in order to travel in said property upon the public roads and highways even tho I am not engaged in commerce or conducting business for profit while traveling on said roads and highways #Q…..who has the authority to change the legal definitions of a word in law dictionary’s
@@LegalBro that’s ok I appreciate your videos and I hope you continue doing them I hope more people subscribe and become more educated on how to stand up for their constitutional rights
Never drink and drive, obey all traffic laws. The second you get in a vehicle you have a big bulls eye on it for the revenue guys in cars with sirens and lights. Stay away from the system it wants and lives on your money and never can have enough.
Words don’t just refuse …. Your actions do !!!!! Because you didn’t submit !!! You don’t have a right to refuse, when you sign your drivers license, it says you will submit to all tests offered by police. By the way Matt, the DUI suspect was arrested after after he ran into YOUR family”s car killing everyone inside
The cop who told me I had to take a breathalyzer most definitely told me I would be arrested and taken to jail if I refused. I told him I understood that and that I would be insisting on a urinalysis test when we got there and that when the tests came back negative - which they certainly would have because I had not had any alcohol in two years - the topic was going to switch to his future with the county police department and he might or might not have a voice in that. That's when he began to backpedal...
Am i wrong? In America…the law of the land is…you are innocent until proven guilty. That said, the burden of proof lies with the plaintiff (police department). 5th amendment is clearly worded. You do not have to answer any questions that could incriminate you… and you have the right to consult an attorney for legal advice, on how to proceed in your best interest…not the plaintiffs best interest…it’s unconstitutional for a judge or for law enforcement to punish you for exercising your 5th amendment (suspension of driving privileges, fines, jailtime, or both…for refusing a breathalizer) technically, you don’t have to assist LEO’s in manufacturing a case against yourself (breathalizer, walking a straight line etc.) technically, you don’t have to say one single word… it’s the plaintiff (police) who must prove your guilt…WITHOUT YOUR PARTICIPATION… jail time for refusing a breathalizer is ‘unconstitutional’ from the getgo…”any law made that infringes your constitutional rights or go against the constitution are null and void”…that’s in our constitution…what is so hard to understand?
Constitutional protections only apply to rich people with expensive lawyers. Didn’t they teach you this in law school? The law is meaningless and hopelessly corrupt for normal people. This is why I have almost always voted to acquit when on jury duty. The mere fact that a person is charged with a crime strongly suggests to me that they are likely innocent, especially if they are poor.
The police don't get you a lawyer. They provide opportunity for you to call your own. Good luck finding one on the midnight shift. Be prepared to pay a consultation fee,
⚠️ CAUTION ⚠️ Your 'advice' is only for American audience. Laws in other Countries is vastly different. Australia has MANDATORY BAC TESTING. Excess BAC Test (over 0.05%) has sevear Penalties, here. 🇦🇺 These include Loss of Licence, Fines, Car Impound and extreem cases, Prison.
You won’t get out of a DUI by using these stall tactics. Yes, you have a right to a lawyer before answering questions, but blood alcohol level is a time sensitive test and the law has been written to recognize that. If you don’t take the test in a timely manner, that is a refusal under the law.
Are you on the side of first amendment auditors. Not all of them because many do vids for monetary and entertainment purposes only. The ones that try to hold up transparency and accountability.
@@LegalBro in the time you reach the station, then wait for your lawyer to arrive, then blow on their machine, how much more sober are you? See my point?
@@johnmckee3809you can blow higher if you are behind the intoxication curve. As an extreme example, if you take 3 shots as soon as you get pulled over you will be blowing lower until that alcohol gets into your system.
If they are asking about drinking they have already made up their mind they want to arrest you. All these silly tests that are inaccurate and not properly administered are just a pretense to put a veneer of credibility on a junk science excuse to arrest people. And the reason for that is DUIs are cash cows for everyone involved except the arrestees.
A lawyer, what do you do when your car makes you take your breath test? Before you can drive it, your car is gonna make you do. That now starting in twenty five becomes law and twenty six
I have a suggestion: DON'T DRINK AND DRIVE!!!!!! If you have even ONE drink of alcohol...DON'T DRIVE! Call a friend, call a cab, call an Uber, or have a designated driver. First offense for DUI: 1 year in prison and loss of license for LIFE. If it involves an accident with injuries to innocent people: 5 years in prison If it involves an accident with a death: Life in prison. There should be no 2nd offense, because the offenders license has been revoked for life, but if there is...10 years in prison. We need to stop f**king around with irresponsible morons who are endangering everyone on the public roads!
I think it should have been made clear that "passive refusal" of a test (whether breath, blood, urine or field sobriety) is not likely to prevent one from being arrested and prosecuted. It is done to establish an arguable defense at trial. Regardless of what you do or say the cops will most likely be taking you to jail.
if they're requesting a FST or roadside breath test they're arresting you. They've already decided that. They just want you to provide more evidence against yourself at that point.
Trial costs begin at $15000. And they're no assurances of winning. Most motorists accept the prosecutor's deal.
i asked for a lawyer prior to the breath test, (i was under arrest for suspected dui, and have the "right to an attorney during all questions and tests")....state of fl, still counted that as refusal, and suspended my drivers license for a year....the cops "lost" the video of me asking for the lawyer......so be careful out there folks !!!
Record every interaction with police
@@Juvysshard to remember that after drinking. 😊
@@FloridaMan02 wouldn't be hard to remember if you weren't drunk and driving. From your original post it implied that you weren't drunk, just suspected. Honestly if you were drunk, then why should anyone care what happened to you? Are you even sure you asked for a lawyer? If your judgement is/was clouded enough to drive drunk, then how can you say that the words you wanted to say were the words you said definitively?
@@Juvyss Reading names is hard, eh? Perhaps someone was drinking when commenting about blaming a victim?
@@UpYourArsenal blaming a victim? There is only one type of person who defends driving drunk. Someone who drives drunk. Not only is it illegal, its dangerous.
"My attorney has advised me that breathalyzer tests aren't always accurate. I'd like to submit to a blood test to insure my innocence." And stick with it. Most traffic police do not have this capability at the squad car. It usually takes more than an hour for them to comply.
A blood sample took 10 minutes longer than a breath or urine sample at my station.
These lawyers are speaking nonsense
@@burtvhulberthyhbn7583 I personally know four people who successfully argued "they didn't refuse" a sobriety test and got off!
@@burtvhulberthyhbn7583ten minutes for the test, 25 minutes to get to the station, 15 minutes waiting for a transport to take you there etc
Yup this is my go to. Insist on the blood draw or the more accurate breath test at the station. I'd rather get my car impounded than get a dui. These days, that follows you for the rest of your life
@@burtvhulberthyhbn7583 tyrant
I had just been read Miranda rights, and then the questions from Police began. I requested attorney and doctor advice (citing blood medications) before replying to unwarranted blood sample requests. MVD Judge acknowledged no denial - cited 20m time limit for affirmative response to unwarranted requests. Office obtained search warrant and informed that request would be competed with force if necessary. 1 year license suspension, classes, insurance, the works for violating implied consent as decided by a single administrative official (who also handles appeals to their own case!!). AZ implied consent has no limitations cited (other than unconsciousness) for number of requests, number of tests required, duration of tests, or type of tests as demanded by individual officer (breath, blood, urine, electric probes, whatever). 0.04% no DUI. Police report "inaccurate" - all charges dismissed. MVD suspension remained along with 3 years of additional requirements. Love your videos!
Even if your not drinking you can still be charged with dui. I saw a video where a man supposedly failed the fst, arrested, and took a breatholizer 4 times and each time blew 0 each time, and was still charged.
Non-alcohol impairments, which can include suspected antibiotics even
From a DUI cop's perspective the word Drug has a very specific definition - "Any substance which when taken into the human body can impair the ability of that person to operate a motor-vehicle safely." That's not a legal definition - it's NHTSA / IACP / DECP.
From an attorney, if a cop asks you to submit to either a breathalyzer test of a roadside sobriety test they have already determined you are going to jail.
I sat on a jury impaneling where the DA ask, "Can you find this man guilty of DUI even though there was no outward sign of him being impaired?" I responded that every day that I have driving into town this week for jury duty, i have almost been hit by some idiot staring at their cell phone while driving and you want me to find a guy with no sign of impairment guilty, I think not! Probably should have kept my mouth shut and voted not guilty, but hopefully I tainted someone else.
You cannot pass the FST. Simone Biles totally sober could not pass the FST. There is no requirement to perform the test. Say what this lawyer says, "I want to consult an attorney before any tests." Any lawyer, hell any first year law student, will tell you don't do the FST. Stick to it.
In Florida you can refuse a Field Sobriety Test. However, that will not stop an officer from arresting you and at THAT point you cannot refuse a breathalyzer test. Penalty is 1 year revoked/suspended license for first offense, 18 months plus stiff fines for second and over.
Make no mistake, DUI is a revenue generator first and foremost, public safety concerns are secondary.
Nonsense. DUI's kill innocent people. How this salient fact eludes you is anyone's guess
I've never understood why I have to pay for the court's time when I already pay my taxes for them to operate.
"The object of all despotism is revenue." -- Thomas Paine
Revenue generator or a good idea to keep drunks (like you) looking for an easy loop hole in the laws from killing others.
Don’t want to risk the hassle of a stop and DUI investigation? Don’t drink and drive. Obey the traffic laws. Simple as that.
@@Thwarptide
Can you name a person he has killed?
Or is your argument just based on your falacious fantasy?
So, either way it looks like I will automatically be arrested and lose my license for half a year or so?
Best idea I've ever heard on this subject.
Best idea? How about don't drink and drive and if you didn't drink don't act like a child, take the test and go on your way! 😏✌🏻
You still go to jail for drinking and driving, if you kill someone you think you should get off because you did or didnt refuse and order after you killed someone?
@@frenchbulldogdad1003 Amazing how the salient point slid right over your head. You must use Turtle Wax. Thanks for chiming in, Flappy.
@@Renagadebait Amazing how the salient point slid right over your head. You must use Turtle Wax. Thanks for chiming in, Flappy.
Sounds like an add for attorneys
Belch every 15 minutes.
Stomach contents belched must be given time to clear the throat to have a valid test.
I belch when stressed.
Every 14 minutes.
Untill the stress is removed.
That's stupid, you might as well just 💩 every 15 minutes 😮
Then I charge you with refusing. Tough luck.
That’s not how a breathalyzer works
@@thomasryan2679 In no way shape or form is that refusing. You are the tyrant that "we the people" are sick of. Maybe move to North Korea, you'll like it there.
If you do that in New Mexico, I understand you automatically get your license revoked and incur additional penalties in court.
COPS JUST FABRICATE THERE REPORTS !! JUST DO A FEDERAL LAWSUIT !! STATE JUSTICE JUST HELPS COPS LIE LIE LIE !! TAXPAYERS ALWAYS GO TO JAIL FOR A PLEA DEAL !! 😎🇺🇸💶💶💶💰💰💰👎👎👀👀
Insisting on a blood test will give you precious time for your levels to plummet. By the time they take you to processing you're no longer drunk. This takes time but it beats a DUI charge.
Maybe, and better than a side road breath test
Actually, it works the other way around. That precious time will increase your alcohol levels.
@@streetsbolt It all depends. If you drank recently, and especially with food, it can allow more alcohol to be absorbed into your bloodstream. But if your last drink was an hour or more ago, all the alcohol is already in your bloodstream, and you're on the downhill side of the curve. Any delay then works in your favor.
Let me give you some better advice.
1. Don’t drink and drive (duh)
2. Get out of the car if you’re told to, and get back in the car or stay in the car if that’s what they tell you to do. Case law supports this, so don’t argue with the cops about it.
3. If you are legally detained, provide your drivers license or identification, registration, and insurance.
4. Otherwise, exercise your fifth amendment right to remain silent and do not say anything. Nothing. You do not have to answer questions. You do not have to make statements. Anything you say can and will be used against you.
This includes field sobriety tests. Do not do any.
5. If you believe that the police are doing something that they do not have the authority to do, don’t argue with them there. Get a lawyer, and fight it in court. Fighting with the police or arguing with them on the side of the road will not get you anywhere and will probably result in problems.
6. Do not consent to searches ever. Do not speak with the police as stated above because they may simply be prolonging the traffic stop in order to try to get a dog there. Cops cannot legally prolong the traffic stop longer than it takes to write a ticket unless you are silly enough to have a conversation with them.
6. Think happy thoughts. You’ll BE happy.
@@UnskilledGrappler right to remain silent? Isnt that if you're under arrest? But anyway, even if one has that right, it can still be used against you as well.
fantastic channel, I am thankful for the YT algorithm for pointing me here. Never had an arrest or anything like that, but I want to learn, great work guys.
Not sure what states your guys are in but this advise doesn’t work in many states. Implied consent in many states does not allow you to ask for an attorney roadside.
I wear a body camera when in public, cops like to mute theirs.
Where do I get one??
@idaho2085 Amazon
So do you have the right to demand a (more accurate) blood test instead of a convenient (for the officer) road side breath test?
Wat if you say "I don't answer questions" but "will you take a breath test" is a question? You didn't refuse, you just didn't answer.
Is a police report an official gov't document? If so, when the cop fills tt report out with false information, isn't tt a crime? Plse advise. Tks.😊
It isn't just a crime, it's spoliation of evidence.
Tks 4 ur reply. These illegal acts by police need 2B prosecuted. The local gov'ts will not prosecute police who commit crimes. The local authorities, just like the police IAB, will always protect bad cops.
These police crimes need 2B stopped by U.S. Attorneys. Is it any wonder why most people do not trust, or like police?
All police believe they R above the law, and tt they decide what rights a citizen has. All this means is tt the taxpayers hv 2 pay the tab 4 the hoodlums.
All the comments clearly show that we have a problem with policing.
Ordinarily, if all is above board, we want people to not drink and drive, and to be appropriately interdicted if they do. Because the threat to life and property is so severe, and because the offense is so easy not to commit, we want serious consequences to the offender AFTER DUE PROCESS. (My preference for first consequence is to confiscate the vehicle, still require the offender to make any loan payments, and prohibit carriers from writing insurance for a period of time. In addition to any fines and restitution. Second and subsequent offenses, greater severity.)
But we have too much verified testimony of cops inappropriately charging DUI, even of teetotalers. I don't know how prevalent this is, and I don't care. Once, anywhere, is too many. When discovered, like nearly all bad policing, we need stiff consequences for the guilty officer(s), and ALSO for all in the chain of command fostering or failing to interdict and prevent such behaviors. No immunity. I understand simple mistakes; rectify those, compensating the injured, and move on. But negligent and intentional practices (poor or absent training is AT LEAST negligent) cannot but be criminal, and also require substantial civil restitution.
get rid opf qualified immunity, and then cops can be sued personally for violating rights.
you are not going to talk to a lawyer at 2am. in most states if you refuse you automatically lose your license.
Maybe not, but you have a right to consult one before incriminating yourself. Losing your license either way - better to not take the DUI in the process. Especially if you're sober, like those 600 people in Tennessee.
There are PLENTY of attorneys who have someone to answer the phone number in the phone book, 24 hours a day, and will call back within a couple of minutes. I've been a cop for 20 years and have had plenty of DWI arrestees get a hold of attorneys at 2 and 3am.
@@SteveSwags whats a phone book.
Everything these guys say is 100% accurate. I refused FST, a field breathalyzer was ever offered. I chose a blood draw for the test at the cop shop. My problem was with the judge when we petitioned for dismissal based on lack of probable cause for the arrest. By that time, the judge had already seen my blood draw and even though BY THE LETTER OF THE LAW there was not enough probable cause, there was no way she was letting this case go. Her mind was already poisoned by evidence gathered after the arrest. I showed no outward signs of intoxication, no slurred speech, no motor skill impairment. The one fact of "odor of alcohol" was enough for the judge as it has NEVER BEEN ENOUGH in any other case. I couldn't afford to appeal that motion ($12K) so I was f*&ked.
Yes, because of MADD and the money aspect these states, county's won't let up on stopping people riding home from a meal or a evening with friends. I have been very lucky for years but mostly stayed home
Blame the cops, blame the judge, claim you didn't act drunk too. Everybody is either wrong or lying except you. Your name is denial which is common among alcoholics.
@@thomasryan2679 Oh, and I blame you and people like you for what is wrong with the internet.
If you had nothing to drink, should you still do this?
Jeff, when were you in the 503rd MP BN (ABN)
I got to Bragg in '96 ETS'd in '00. Recalled to active duty in '01.
Were you in the 503rd?
@@LegalBro yes I was. 21st MP Co Motor sergeant and 503rd Bn Motor Sergeant. 95-99
What medical conditions are valid reasons to refuse FDTs? I have RRMS but how does one prove that?
Any condition you feel that would impair movement. Never play stupid human tricks on the side of the road. Always request a blood test.
BUT CAN they make you take it at the police department?
Define “make”
Just answer the question, don't be a Poindexter about it
Lighting conditions are better at the precinct and no distractions.
NO, they cannot "make" you. BUT, in most States, the consequence is that you lose your license for six months.
@@steveducell2158In Pa it is one year.
In NJ, DWI is a NON-JURY trial. The offense, "refusal to give a breath sample," actually is FAILURE to give the sample. (strict liability) If a driver delays and then offers to comply, TOO LATE -- already in violation. Also, in NJ, DWI is a "violation" of Title 39, not a "crime" (Title 2C) -- NO "right to counsel."
Yep. Circa 1983 I actually was allowed to contact my attorney (late one night) and he ask how much I had had, I told him "about 8 beers" he said I'd blow about .1 "go ahead and blow". He was right, but I was convicted (.10 was the limit back then).
I have a nagging concern about a dwi arrest. A motorist rear-ended another car. Two children were hurt. This increased the level of sensitivity among cops and FD. The responsible driver was a screaming, kicking, and cursing idiot. He resisted every field and breath test. He refused to stand still to make proper observations or to smell his breath. He refused the instrument at the precinct and was held overnight in a cell for DWI. Is it possible, he reacted terribly but was not drunk? In retrospect, he was a jerk, but I'm not convinced he was intoxicated. I asked the arresting officer this. He was a sincere and patient guy. He said no and I want to trust his judgement. But I have doubts.
Isn't a breath test a violation of 5th AMD. for self incrimination?
Non testimonial.
Yes sir, the offending cop goes to federal prison for 20 years and only get green baloney sandwiches.
In America…the law of the land is…you are innocent until proven guilty. That said, the burden of proof lies with the plaintiff (police department). 5th amendment is clearly worded. You do not have to answer any questions that could incriminate you…and you have the right to consult an attorney for legal advice, on how to proceed in your best interest…not the plaintiffs best interest…it’s unconstitutional for a judge or for law enforcement to punish you for exercising your 5th amendment (suspension of driving privileges, fines, jailtime, or both…for refusing a breathalizer) technically, you don’t have to assist LEO’s in manufacturing a case against yourself (breathalizer, walking a straight line etc.) technically, you don’t have to say one single word…it’s the plaintiff (police) who must prove your guilt…WITHOUT YOUR PARTICIPATION…jail jail time for refusing a breathalizer is ‘unconstitutional’ from the getgo…”any law made that infringes your constitutional rights or go against the constitution are null and void”…that’s in our constitution…what is so hard to understand?
Constitutional rights only apply to wealthy and powerful people, not regular citizens like you and me. The legal system is utterly corrupt and meaningless.
@@NickWebber-vp4pd When you apply for a driver's license (and whenever you renew it), you agree to the Implied Consent laws of that State.
Many states will do breath, urine, or blood. If you refuse the breath test, some states certify their LEO's as phlebotomists, and they will forcibly draw your blood right there at the roadside, or in a van parked nearby. Otherwise you're going to be cuffed and transported to some place where they can draw your blood, or where you can urinate discreetly while you are watched. Either way, if you declined the breath test immediately, you can usually expect to be detained until you are forced to undergo testing at the first opportunity. What you're doing is praying that they'll delay long enough that your BAC will drop below 0.08 or whatever. That's a rough gamble, because most states have sped up the time to test for that reason.
If you have been drinking and you had an accident they probably will arrest you for DUI anyway. Am I right?
Don’t drink and drive, zero lawyer fees
Wrong - dirty cops arrest completely clean drivers all the time based on sobriety tests. Search Knoxville TN - 600 innocent people arrested in the past few years.
Proven to be untrue. In a perfect world, yes.
Are you serious? I just was made public how 600+ SOBER people in Tennessee were arrested for drunk driving. Are you really so naive you actually think cops only arrest/charge guilty people?!
@@kciwner sadly u r right
@@Everykneebows Then why would you say that?
That’s good advice. I still believe the best thing to do is not speak to them at all. Not even a word. In your scenario he could just say he smelled alcohol. He can do that anyway, but if you’re talking I feel it’s an easier sell to a jury. Don’t talk to cops. Hold up a laminated card saying you invoke the 5th and want a lawyer.
I’m a CDL driver, can’t refuse. I can but it’ll remain on my drivers record that I refused.
unless u live in Palm Bay, where bodycams only recently have been implemented even though they've been getting funding for bodycams since 2014. When asked what tax dollars actually were spent on, if not on bodycams, PBPD will tell you that they've spent the monies on ammunition's.
on a different note, can a cop refuse to give a request breathalyzer, blood, and / or urine test? According to PBPD they don't have breathalyzers in their cruisers, due too the "heat", claiming that the "heat" throws off the calibration. However, on the ticket, they wrote down refusal of breathalyzer.
Crooked cops seems to be everywhere these days, as a resident of Palm Bay, the PBPD makes up law as they go..
All fine and dandy in some cases/states. However...
1. If you get arrested and have your license revoked, even if temporarily, this is going to be a huge hassle.
2. In the communist republic of Illinois (as well in other states?), if you refuse a breathalyzer test, your license is automatically suspended (for 90 days).
So the decision of whether to relent and take a breathalyzer becomes becomes even more important if you've had a single drink.
In Florida, you must be arrested for DUI prior to being taken to a fixed breath test machine and the towing of your vehicle. The portable breath devices are not the ones used to determine your actual level of alcohol in your breath/blood.
The breath test machines give the subject a fixed amount of time to provide an ADEQUATE blow into the tube. If the subject does not blow or tries to give weak samples the machine will automatically indicate a REFUSAL after the allotted time has expired.
Subjects have the right to request, at their own expense, a blood test. The subject will be given an opportunity to locate and arrange for an outside medical facility to send someone to obtain the blood sample from the arrested subject at his expense.
The subject cannot ask for a blood test in place of the breath test. However, the officer may request a breath and then a blood and/or a urine sample from the subject. Failure to provide any sample(s) requested by the arresting officer will result in a refusal suspension even if the subject provided one of the requested samples; the subject provided breath but refused to provide urine. The breath can be used as evidence and the refusal of the urine can also be used as evidence of a refusal.
Refusals have an automatic suspension beginning a few days after the arrest and is independent of the results of a DUI trial.
There is no right to counsel prior to any offered tests, physical or chemical.
In many states you do not have the right to talk to an attorney prior to taking the breath test.
A motorist can confer with an attorney, but this cannot unnecessarily delay testing. We had a drunk refuse the test stating he was waiting for his attorney to call with advice. The tactic didn't work.
I don’t drink, but I also don’t trust the portable breathalyzer. Would it be appropriate to simply say I will consent to a blood test or a test on reliable equipment at the station? Would I still be liable for refusing the roadside test?
Police Officer here - yes, if I stopped you and was conducting a DWI investigation I would have no problem with you requesting a test on the intoxilizer at the jail (which is the test that really matters anyway.) This is called a "Pre-Arrest Test." A lot of people don't know that the roadside breathalyzer test is not admissible in court anyhow - it just gauges an approximate BAC level. If a Pre-Arrest test is done though, if you blow a 0.08 or higher you are then arrested at that time and the process continues as it normally would after you get to the jail. So to answer your question, no you would not be liable for not wanting to do the roadside breathalyzer test.
@@darrenpate881 Thank you for clarifying that. Much appreciated!!!
Everybody has excuses. Blow into the mouthpiece or turn around and put your hands behind your back.
@@thomasryan2679 wow…must have really struck a nerve. It was a simple question? I’m required to submit to a test, but the portable breathalyzer is not admissible. Yet my wanting to clarify my obligations under the law offends your sensibilities? And your response is just bend over and take it? I swore the same oath in both the US Army and the Air Force, and I WILL NOT ALLOW ANY THUG TO ABUSE RIGHTS I’VE SWORN ON MY LIFE TO DEFEND. So which is it…you’re either a boot licker or a tyrant gang member? Either way you can go F@&k yourself!
@@thomasryan2679 i'll take the cufs then anything that results when im under the limit at the station will get me a settlement if im not immediately released
Well- said Matt… good advice
Having an attorney present is not a right during a DWI investigation and not taking the breath test (BAC) is a refusal. All you have to do is look at the Omnibus DWI statement of rights and it plainly explains this. I've seen several people try this and guess what all went to trial and found guilty or plead guilty because they tried to use that exact tactic for a suppresion hearing and was not suppressed then plead guilty.
This needs to be higher.
You are forcing their hand to arrest you, THEN you answer no questions until a lawyer is sitting next to you.
refuse the roadside tests and portable breathalyzer not the blood draw or station test
There's been an appeal stating, if the lawyer is in the lobby of the precinct, let him in and provide reasonable time to confer with his client. He can also witness the tests.
In NJ you have no right to a lawyer before a breath test
They always tell "a" story, they don't tell "the" story.
Say this, cop says ok, and I don't have a lawyer's number. 😅
Question: will you comply?
Answer: i would like to have a smoke.
Question: are you not complying?
Answer: i'm not saying I'm not complying. The words I will not comply never left my mouth.
Point is, I'm not buying this advice. You're not being asked if you want a lawyer. It is still refusing to cooperate. If you aren't doing the thing that is part of the investigation, then you are not cooperating with the investigation.
You can cooperate while refusing to provide anything you're not legally required to.
Q: What's your social security number?
A: I do not have to provide that.
Q: Are you not complying?
@RobinLionheart if you're not legally required to do it, then it's not, not cooperating, and you can just say no.
Are there any states that require breath test PRIOR to being arrested for DUI/DWI? I would simply ask, "Am I under arrest?" If the answer is no, then my answer would be "No, thank you."
The 't' in 'often' is silent.
Can be, both are correct
You are not entitled to have a lawyer present at the side of the road. If you want to get by the breathalyzer test, take it but don’t blow hard enough and it wont complete the test. A warrant is needed for bodily fluids. They are not going to find a judge to sign a warrant quickly.
It was always my understanding that if you had been drinking and knew you shouldn't be on the roads(which U shouldn't if your impaired)your best bet is to refuse any breathalyzer test,and blood test unless they obtain a warrant for such,the idea being no test no exact numbers of intoxication?.
Then judge instructs jury that your refusal to test can be viewed during deliberations as evidence that you knew you were impaired.....guility.
In Pa when you are licensed you agree to the tests if suspected of DUI or DWI, which may not be the same thing depending on what state you are arrested in.
If you refuse to test it is a mandatory 1 year suspension of driving privileges.
The test is either a breath or blood test, and in certain circumstances they can force a blood test.
But the issue now with all the various drugs out there is a breath test won't work for THC impairment. Which is why some states have separate laws, Driving while intoxicated or Driving under the influence. And, of course, many legally prescribed meds can cause impairment. That will still get you a guilty of one of the charges.
Just got off jury duty where the driver was found guilty. He could have used this information.
It's an 'arrest' record, not a 'conviction' record. The arrest, regardless of the outcome will follow to every job interview you ever have. It will also be in the national registry.
In other words, you cannot win.
Remember people, it's a LOT EASIER to overturn a suspended license than it is to overturn a DUI conviction.
In my state they can charge you with DUI and arrest you and do even if you pass the breathing test.
As soon as u "refuse" ure going to jail so it don't matter anyway
Either way you're going to jail, so don't hand them an easy conviction.
In any interaction with police I won't so much as make an official statement without a legal advisor
As a jurist, I would assume any refusal of a breathalizer, passive of otherwise, was a big strike against you. You can argue the results if it's borderline .08, and I will listen, but refusing is saying you have a chance not to pass so you don't want to risk it, where I want to see the results, then hear your explanation. Field sobriety testson the other hand, refuse all you want, it's subjective and I can understand refusal. It's balance, and some people are not coordinated to hop on 1 foot.
I would never want you on my Jury. You are too strongly trusting of equipment proven to provide false readings.
you refusenthe nroadside one and demand a blood draw or the station test
youre a sheep
My wife just got hired then dismissed from a state job (Massachusetts) for not having a vaccine. They said they "couldnt accomodate" her religious waiver. Do we got a case?
Reach out to KrisAnne Hall and ask if she can refer you to an attorney in MA, it's going to be an uphill battle there , so be prepared.
If KrisAnne has no contacts in MA you may try reaching out to Katherine Henry, another great Constitutional Attorney and inquire if she can refer you to someone in MA.
@@LibertyWarrior1776 Thank you for the guidance
@@eddwinnas the actual approved jib is not availible. The one out now was for emergency provision. Discovery of phizer docs are trickling and and don't look good. Coercing medical procedures is a crime.
@@eddwinnas KrisAnne is in Florida and Katherine Henry splits time between Florida and MI. Just FYI. Both have TH-cam channels that you can look up for more info on reaching them.
Lol.
The consequences of refusing a breath test are just too high in most states. Most people would be better off taking the DUI. Many states have a magistrate on call for a blood test, so there is no escaping it.
That's nonsense.
Love how you can sleep at night helping keep impaired drivers/habitual drunks from facing consequences. You help dangerous drivers stay on and get back on the road. Thank you for your service.
Where did you hear anything in that video about habitual drunks? Your post is just chock full of projections.
@ nope
@@jamesferguson4408 Well at least you admit it, good on ya.
@@CharlieTWilbury my job is to make the roads safer. I am confident yours is not. You are implying I can’t conclude such from the information presented. You make the implication because you don’t know my background. I get it, but you’re completely wrong.
You mean like the liveried American Gestapo agents that engage in high-speed pursuits, drive TWICE the posted speed limit without emergency lights with impunity? This police state is made possible by simps like you. Remember Uvalde? I bet you would defend a drunk cop driving a squad car. You disgust me.
Don't they need probable cause to conduct tests etc?
They need probable cause to pull you over in the first place.
Hand held breathalyzers are notorious for false positives. You definitely need to talk to your Attorney before you do a breath test. The Santa Clara County, California District Attorney had to dismiss nundreds of DUI cases because the breathalyzers were defective.
Carry alcohol base, mouthwash
That’s not how a breathalyzer works…
Don't you think cops know about that and have figured it out?
@ that’s why they do it too
Nonsense. The obstructionists who keep double-talking when asked a yes or no question if he will take the breath test at the station, and the cop just then checks the box on the form as a refusal. Now he gets a 1-year suspension automatically of his license for violaying Implied Consent Law, instead of a much shorter suspension he would have received. Here in Phoenix Arizona, that refusal just results in the cop getting a quick search warrant and they take your blood. In other states where they don't do that, people think the refusal then means they can't convict you because they can't get your BAC,,,,wrong. Now the judge will just instruct the jury that your refusal can be viewed during deliberations as an admission that you knew you were impaired and guess what.....most juries will then convict.
BAC tests can be scrutinized for "authorized" and "qualified" phlebotomists. It is always better to get a blood draw.
An asthma puffer in my hand will halt any such thing.
@ChelleLiewes Then you must submit to a blood or urine test administered by the jail medical staff or a fire paramedic.
@@wwdeadeye With witnesses present. That would be acceptable.
Yes but what percentage of people have an attorney on call,?? what do you say to those people ?
I don't think a judge (or jury) would buy it.
Lawyers and judges don't function like engineers.
Given the facts - What’s the alternative?
@@LegalBro engineers tend to think more like judge dread than actual lawyers/judges.
You leagle people have a much higher threshold for gray area.
~Enginineer married to lawyer.
Maybe this might work in FL but not in all states. DUI is not a crime in some states because the conviction rate sky rockets and it is a money maker.
this is the same as refusing in Michigan and you lose your license for a year. So if you are ok with that then refuse and hope to God their are severe drunks on the jury 6 months to a year later.
You have the right to remain silent, do you understand these rights? REMAIN SILENT!
Even better idea, don't drink and drive.
If I get pulled over I'm skipping straight to the breath test so I can be on my way
Perhaps you should google "600 SOBER drivers arrested in TN" before you virtual signal for the Uvalde heroes. The worst criminal gang in this country has masonic tattoos, wear badges, and use a desecrated American flag as their colors.
They gave people DWIs when they even blew 0.
What about fifth amendment right to not self incriminate? Is being forced to give a breath sample a violation of your fifth amendment, rights?
No. In every state I am aware of, when you are licensed you agree to be tested if suspected of DUI OR DWI. In Pa it's a mandatory 1 year suspension of driving privileges for refusal of either a breath or blood test.
Of course, these strategies only apply if you suspect you may fail the test...
How's this... (hope they won't call it obstruction)
"Hello officer," driver croaks, "Pardon me, I have a sore throat. Let me just use my throat spray..."
Spritz, spritz.
"Field sobriety test? No, notoriously subjective and unreliable; I've seen to many videos with police calling every little deviation a fail. Breathalyzer? Sure, oh wait, I just realized my throat spray contains alcohol. We'll wait? Any idea how long is needed to get a valid reading. I'm not sure the law allows you to extend the traffic stop that long. Also, for my health and comfort I'm probably going to have to reapply the throat spray before it wears off."
An Uber/Lyft is a more reliable way to avoid a DUI and all the expense that comes with it for a lot less money. And, no jury has to hear any sort of defense.
Road pirates gonna road pirate.
Good lawyers always tell you never to talk to cops period.... There is no expectation that you have to talk to a cop other than being in a courtroom of law.
These field sobriety tests are created to fail. I do not even drink with metal rods in my back I could never do the test without messing up.
TH-cam wont let me like this
the only way to avoid this situation is to NOT drink while driving. easy right? i really despise these weasel lawyers.
#Q….where do states get the power and authority to force car dealerships to send the original manufacturer’s title to any automobile being purchased to the state d.m.v ? And if the dealership fails to do so ….the state can and will pull their business license ….or if you insist on having them give you the original title… the dealership will tell you that they cant sell you the automobile then……so if the dealership doesn’t help the state gov. steal your newly purchased automobile… the dealership will no longer be in business
So the state can take my property and force me to get a license in order to travel in said property upon the public roads and highways even tho I am not engaged in commerce or conducting business for profit while traveling on said roads and highways
#Q…..who has the authority to change the legal definitions of a word in law dictionary’s
you want me to answer this? Wrong lawyer!
@@LegalBro that’s ok I appreciate your videos and I hope you continue doing them I hope more people subscribe and become more educated on how to stand up for their constitutional rights
Sovcit alarm. Duhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh
Then you'll run into me who enforces state laws, particularly State Vehicle and Traffic. Listening to your sovereign friends makes you a loser.
Get a bus pass.
Never drink and drive, obey all traffic laws. The second you get in a vehicle you have a big bulls eye on it for the revenue guys in cars with sirens and lights. Stay away from the system it wants and lives on your money and never can have enough.
‘Skew or exaggerate’ means ‘lie’.
Lying liars will lie, even about lying.
Words don’t just refuse …. Your actions do !!!!! Because you didn’t submit !!! You don’t have a right to refuse, when you sign your drivers license, it says you will submit to all tests offered by police.
By the way Matt, the DUI suspect was arrested after after he ran into YOUR family”s car killing everyone inside
The cop who told me I had to take a breathalyzer most definitely told me I would be arrested and taken to jail if I refused. I told him I understood that and that I would be insisting on a urinalysis test when we got there and that when the tests came back negative - which they certainly would have because I had not had any alcohol in two years - the topic was going to switch to his future with the county police department and he might or might not have a voice in that. That's when he began to backpedal...
Am i wrong? In America…the law of the land is…you are innocent until proven guilty.
That said, the burden of proof lies with the plaintiff (police department). 5th amendment
is clearly worded. You do not have to answer any questions that could incriminate you…
and you have the right to consult an attorney for legal advice, on how to proceed
in your best interest…not the plaintiffs best interest…it’s unconstitutional for a judge
or for law enforcement to punish you for exercising your 5th amendment (suspension of
driving privileges, fines, jailtime, or both…for refusing a breathalizer) technically, you
don’t have to assist LEO’s in manufacturing a case against yourself (breathalizer,
walking a straight line etc.) technically, you don’t have to say one single word…
it’s the plaintiff (police) who must prove your guilt…WITHOUT YOUR PARTICIPATION…
jail time for refusing a breathalizer is ‘unconstitutional’ from the getgo…”any law
made that infringes your constitutional rights or go against the constitution
are null and void”…that’s in our constitution…what is so hard to understand?
Constitutional protections only apply to rich people with expensive lawyers. Didn’t they teach you this in law school? The law is meaningless and hopelessly corrupt for normal people. This is why I have almost always voted to acquit when on jury duty. The mere fact that a person is charged with a crime strongly suggests to me that they are likely innocent, especially if they are poor.
I want my attorney present.
The police don't get you a lawyer. They provide opportunity for you to call your own. Good luck finding one on the midnight shift. Be prepared to pay a consultation fee,
⚠️ CAUTION ⚠️
Your 'advice' is only for American audience.
Laws in other Countries is vastly different.
Australia has MANDATORY BAC TESTING.
Excess BAC Test (over 0.05%) has sevear Penalties, here. 🇦🇺
These include Loss of Licence, Fines, Car Impound and extreem cases, Prison.
*DO NOT SPEAK !!*
Do not say you are not going to speak...THAT WOULD BE SPEAKING.
You won’t get out of a DUI by using these stall tactics. Yes, you have a right to a lawyer before answering questions, but blood alcohol level is a time sensitive test and the law has been written to recognize that. If you don’t take the test in a timely manner, that is a refusal under the law.
Are you on the side of first amendment auditors. Not all of them because many do vids for monetary and entertainment purposes only. The ones that try to hold up transparency and accountability.
Are people not allowed to make a living from being a first amendment auditor in a country where you need money to function in society?
But if you wait for your lawyer, then blow below the legal limit, they're still gonna charge you.
If you’re being formally asked to take a breath test in Florida you’re already under arrest.
@@LegalBro in the time you reach the station, then wait for your lawyer to arrive, then blow on their machine, how much more sober are you? See my point?
@@johnmckee3809you can blow higher if you are behind the intoxication curve. As an extreme example, if you take 3 shots as soon as you get pulled over you will be blowing lower until that alcohol gets into your system.
If they are asking about drinking they have already made up their mind they want to arrest you. All these silly tests that are inaccurate and not properly administered are just a pretense to put a veneer of credibility on a junk science excuse to arrest people. And the reason for that is DUIs are cash cows for everyone involved except the arrestees.
A lawyer, what do you do when your car makes you take your breath test? Before you can drive it, your car is gonna make you do. That now starting in twenty five becomes law and twenty six
Give it a shot of O2 from a scuba tank.
I have a suggestion: DON'T DRINK AND DRIVE!!!!!! If you have even ONE drink of alcohol...DON'T DRIVE! Call a friend, call a cab, call an Uber, or have a designated driver.
First offense for DUI: 1 year in prison and loss of license for LIFE.
If it involves an accident with injuries to innocent people: 5 years in prison
If it involves an accident with a death: Life in prison.
There should be no 2nd offense, because the offenders license has been revoked for life, but if there is...10 years in prison.
We need to stop f**king around with irresponsible morons who are endangering everyone on the public roads!
Bottom Line: You’re GUILTY … now try to prove you’re innocent … wut.?..😳
Don't drive drunk and this won't be an issue.
The only crime not based on real evidence
exaggerate??? how about lying???