3 things cops CAN'T make you do at a DUI stop
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- เผยแพร่เมื่อ 11 ก.ย. 2024
- In this video, a former DUI enforcement officer - now a criminal defense lawyer - discusses three key things the police CANNOT make you do during a roadside DUI investigation. These include (1) making statements or answering questions about how much alcohol you had to drink, (2) taking a preliminary alcohol screening (PAS) test (this is the handheld Breathalyzer the police administer before arresting you for DUI), and (3) submitting to filed sobriety tests.
If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
More info at www.shouselaw.... or call (855) 999-7755 for a free consultation.
I rarely drink and have never been under the influence while driving. I do know that i cannot pass a field sobriety test stone cold sober.
Monkeywrench542 I have friends that can’t walk strait due to health issues. Besides, this stupid “touch your nose and walk the line” so-called tests’, performed by the side on the PUBLIC road are humiliating. No, thanks. I don’t drink and drive but I will refuse - just because.
That's the point of the test. They are evidently designed for overweight (by 1970s standards) people to fail.
The best way to beat a DUI: Don't drink and drive. There - it's that simple. Otherwise, I would recommend taking this attorney's advice. Know your rights, but ALWAYS be polite.
i'd say take his advice when and if you are NOT drunk and driving a car. and i agree with you. yeah don't drink and drive.
i don't like when most cops stop you out of no where and harass you but if you are drunk even buzzed and driving around town... i'd rather that person not even be on the road like that.
"most" cops don't want a drunk driver on the roads ether for their safety and the safety of others around them.
Brad Penrod well said
Brad Penrod So my 230 lb. self can't have 2 drinks at a restaurant and drive? My bac wouldn't even be .03
Give a 110lb woman 5 drinks and give me the same 5 drinks and measure our BAC. I guarantee you the BAC will be very different.
dannydaw59 You *must be a 400 pounder huh??*
Drove drunk. Got pulled over. Took field sobriety test. Passed. Went home. True story.
+DrDeathpwnsu I cant pass field sobriety test sober
I heard straight from a policeman's mouth later in life: it is designed for people to fail it completely sober.
Also they searched me and my car on that DUI stop. The knife I had on me (one that they spent time looking at and questioned me on the legality based on the design) had marijuana residue on it and could've been considered paraphernalia had they noticed.
I got pulled over wasted with half an ounce of weed on me, and the cop said she just pulled me over for my tinted windows and let me off with nothing. It felt like i won the lottery
Obviously, I wasn't putting other people's lives at risk. I passed the test. Duh.
Cops dont care about pot anymore
or you could just not drink and drive.
frogsoda That didn't help in the case of Sheriff's Deputy Joseph Quiles and Tanya Weyker. She was sober, he ran into her car, said she was drunk and pinned his stupidity all on her. The case broke a year later and he got suspended for 9 days.... yes, NINE FUCKING DAYS!!! She was facing jail time. Google her!
posting id thats one case
+vinny bonge are you willing to be the next case? we have a 4th amendment for a reason.
+frogsoda Be responsible.
+Diane Blackford That's what I'm sayin'
So basically don't help them to convict you. Don't answer any questions because everything you say WILL be used against you!
That will just give them a reason to remove you from your car, place you under arrest and take you to the station to get tested. Easy way to avoid all of this is to not drink and drive.
Mark s well doubt drink and drive and you will not have a problem with them. I have found the police to always been friendly to me. Of course I do not act like a jerk to them either
@@PHARAOH-ZODIAC Youre not entitled to a respectful interaction with the police.
@ronaldmead73 Tell that to those the cops arrested for DUI that were stone-cold SOBER...pontificating jerk!
True. I was confronted by a zealous young cop who ordered me to submit to the field sobriety tests. I simply said NO and then uttered not a further word. The case ultimately went to court and was dismissed in about 10 minutes. The cop didn't even show up because it was obviously bogus.
The officer not turning up to the court, sounds like he admitted that he broke the law. And should be charged for doing so. If it was the other way round, and you didn’t turn up they more likely put out a warrant for you.
Believe it or not, you can beat a DUI 100% every time without fail. Don't drink and drive.
Excellent point. I'm a big alchy and never drive after a cocktail. Why risk?
But cops do lie about reasons to pull someone over in the hopes of the person driving is over a 0.08
@jfiowejhfieodjawjtr fjirosjfiosegreh9f I meant .08
I'll edit. Thanks.
@@joecook5689 you're mad they are trying to get drunk drivers off the road
"That's a Bingo". I always wondered what happens to a DUI defense attorney when a close relative of theirs gets killed by a wrong way,-DUI driver. Do they switch disciplines or continue their practice and get their client's case dismissed due to a technicality. It's only a matter of time before congress bans motor vehicles.
Yes, you can refuse the breathalyzer test, but the DMV will automatically suspend your license for a year. Yes, you could refuse to answer the question of how much have you drank, but then you'll piss the officer off and he will arrest you and take you to jail, impound your car for 30 days, and whatever else he can do to make your life miserable. Yes, you can also refuse to do sobriety tests, but the same will apply. The best thing to do is not put yourself in that situation period!!!
When stopped by the police while driving:
-Hand him your license and registration when asked
-Ask if you are free to go, wait for reply, if you don't get a yes, then ask again. Repeat as many times as needed.
-Don't answer any of the cops questions. You have a right to remain silent. I don't care if he asks you if you're feeling alright, don't answer anything.
-If told you are under arrest, remain silent. Don't say a word until until at the station. Only ask for a lawyer.
-Only speak with you lawyer, and don't speak unless you are in private with the lawyer.
-You may have a case to sue the police depending on the circumstances, so stay calm and silent until you are either charged or let go.
-When you are released, and even in cases where you are charged, you have a possibility of suing, so listen to everything.
Only show ID if you are suspected of a crime.
Mikevdog
Yes, but that only applies to being on foot or a bicycle. When you drive you have to provide license and registration because driving isn't an absolute right.
7F0X7 There has to be a charge. You don't have to show ID on demand without reasonable suspicion of a crime whether driving or not.
Mikevdog
Right, that would apply at a checkpoint. I was referring to being pulled over.
7F0X7 A traffic stop normally occurs when a law enforcement officer signals a motorist to move to the side of the roadway and stop. The stop constitutes a seizure under the Fourth Amendment because it interferes with the motorist's freedom of movement. In order for the stop to be valid under the Fourth Amendment of the United States Constitution, the officer must point to specific and articulated facts to support a reasonable suspicion or probable cause of criminal conduct.
"When a police officer conducts a traffic stop on a person for a vehicle code violation, or detains him on suspicion of committing a crime, the officer has a right to ask the person to identify himself...
In every case, the arrest, traffic stop, or detention must be lawful. If the defendant can prove the police violated the 4th Amendment because they had no probable cause, for instance, then the charge can be dismissed."
CRIMINAL LAWYER ILLINOIS
Sami Azhari, Attorney at Law
But if I have nothing to hide, why would I want to challenge them? I just want to leave ASAP.
+303manu3l303 you can do that by remaining silent and ask them if you're free to leave. if they tell you you're not free to leave, they must have reasonable suspicion of a crime. if they think they do, talking won't help you.
If you trip and fall during the sobriety test you won't be getting home any time soon.
Another title for this video: "How to DEFINATELY get arrested for DUI."
performing those tests gives evidence against you. they won't like it but you are protecting yourself if it goes to court.
Great advice, another thing you can do, is write these on a paper sign and laminate it, to hang out your driver window. The SECOND you roll your window down, the officer can say he or she "smells" alcohol and it usually goes downhill from there as they try to leverage illegal (warrentless) searches and seizures of your vehicles property.
Your sign should read as follows:
"I remain silent"
"I do not consent to any searches"
"I want my lawyer"
One side note, some states only require that you SHOW your licence to officers at a DUI checkpoint, if that is your state, get the exact law from record and add it to your sign.
First of all if your drunk and you are behind the wheel you deserve to get arrested!! End of story!
Yeah, if you are.
He said that in the video.
Matt In Illinois You can even blow a .08 where I live and still get arrested. As long as they can prove that you are impaired
..
the fact is people shouldn't be driving at all if they drink. that's the law but it's only prosecuted by law if they are over .08 or impaired. They dont want people driving .02 but they cant legally do anything unless they fail a field sobriety test
I know a person that wasn’t drunk, refused the test and still got arrested & charged for a dui. California insanity! If you refuse the test you automatically get charged for one here. That was his word for word experience.
That has been my experience. Refuse a field sobriety test, even if you ask for breathalyzer, bench test or blood test, and you will mostly likely have you license suspended and be charged with DUI.
did I really just watch a video on how to beat a DUI ? I sincerely hope a DUI never runs over and kills any of his kids one day.
Pontificating jerk.
Remember this was 7 yrs ago, in CA. It likely means NOTHING anywhere else. Many states you MUST do the breath, FST... or automatic DUI arrest, court order, added charges. First don’t drink, and drive. If you can’t do that learn laws in your state, hide bail money. Are those drinks worth @$10k? Or worse?
Don’t do it. EXACT same accident with injuries. Kid on bike shot out on road hidden by hedge. You slam on brakes but he gets hit/hurt. You are sober. Likely no ticket, fines. You are even close to .08 legal cases, tickets, lawsuits almost guaranteed.
*At D.U.I. “check-points” (that are usually many miles from bars & lounges where the vast majority of drunken driving occurs) cops "ask" motorists to confess to the crime of drinking alcohol while driving with the question: “Have you had anything to drink tonight?” Drinking alcohol and driving a motorized vehicle is illegal. The fifth amendment to the Bill of Rights maintains that citizens aren't obliged to confess to crimes.*
There's one other very important thing that you do not have to do. If you blow into the breath-a-lizer, you only need to blow once. A trick used by LEOs during a stop is to have you blow once then tell you they didn't get a good reading, "please blow again". This is called "stacking". Say you blew a .078 the first time (you are not legally drunk), then if you blow a second time the residual alcohol from the first blow plus that from the second puts you over and they've got you.
If Police have suspicion you are under the influence of alcohol or drugs, they can request you to do field sobriety tests followed by the handheld breathalyzer test. You can refuse. They can bring you in to the police station to do a breathalyzer test using a larger, more accurate breathalyzer test on a different device.
You can refuse all of these tests and the arresting officer can base his case on his observations.
You can refuse the field tests that show coordination, balance an ability to follow instructions and agree to the field breathalyzer test. Each police department has their own protocol on which tests to give, in what order and how to do them. Some departments decide that all 3 tests be given even if you pass the 1st and 2nd test. Others decide, if the first test is done satisfactorily, they do not continue w other tests.
Keep it simple. Don't drink and drive.
He isn't telling anyone to drink and drive? He is simply stating the law. Personally, if a cop pulled me over for DUI I will now refuse to any sort of thing I am legally allowed to refuse to because of this video now.
Officer: Have you had anything to drink tonight?
Suspicious driver: I plead the right.. not to answer that question
Officer: *Nothing suspicious about that*
*Officer continues dui check*
You can always respond with a question, i.e. do you have reason to suspect that I have had anything to drink? Do you have a license to practice medicine and make a medical determination of my physical condition? etc.
One thing you don’t have to do is to drink and drive. Try that for a changer.
What he isn't telling you is your refusal can be used against you in Court as a conscientiousness of guilty. Also if you beat the alcohol screening test, you will not go to jail. The one truth is, once you are arrested you must take either a Breath Test or Blood Test which will seal your guilt. Refusal is an automatic suspension of your privilege to drive.
I was the designated driver of two lady and a young man. i had 2 beers at 1 and 3 O'clock. I took them to a diner at 7 PM and they got into aloud argument. I ask for the check and apologized to the diners then the manager said leave or we will call the PD. I said give me 2 minutes and we will be gone. Turns out they already called and they were waiting fo rme near my home. They automatically as me to step out and take a test. I refused being handicapped then said exactly why did you pull me over. They had a huddle then said have a nice day.
In NY State, it is not illegal to refuse a breathalyzer. However, if you do refuse it, the DMV will revoke your license under the notion that driving is a privilege, not a right.
This is California law; keep that in mind. Other states' laws most likely aren't so liberal.
The information in this video would apply to all states. The only exception is the part about submitting to a post arrest blood test. This part has been ruled unconstitutional by the Supreme Court in June
*****: Name of that case you refer to?
James Vaught California ratified the constitution as law the constitution and individual rights supercede state law.
I was approaching the second anniversary of my DUI, which was January 2019. My life has literally been a fucking nightmare day in and day out ever since...
I got my DUI after going out one night. Blew a .15. I have a CDL and was a bus driver for over 10 years prior. I immediately lost my license, but because I blew, the trooper was "generous" enough to drive me home and one of my neighbors signed for me.
I immediately hired an experienced CDL DUI lawyer, who looked at me like I had two heads... I blew. I completely destroyed any case they could make.
Since I lost my license, I had to resign my job immediately. In Ohio, Unemployment benefits are only available if you are terminated without cause (laid off, company goes under, etc). So even if I allowed my employer to fire me for no license, I wouldn't have received any benefit. I immediately began looking for work within walking distance. I applied at a number of small shops and restaurants, all of which said no or simply ignored my applications.
Since I was unemployed, the court refused to grant limited driving privileges, since you are required to have an employer on file for those privileges. So I was completely without a car for over 3 months.
So not only do I feel completely worthless as a worker, since I cannot find anything except unskilled labor jobs, I also have zero new prospects for dating and feel like a complete loser having been dumped for someone more successful.
I have accepted the fact I may never make more than $20 an hour in my entire life, and that I may never be successful at literally anything. I have friends younger than me who got out of DUIs, and have Class A CDLs now making almost 6 figures a year.
I regret that night more than anything else I have ever done. My life has been nothing but a long train of failures since. I have not caught a break with a single thing yet. Everything I have tried has blown up in my face and made my situation worse. The DUI opened a black hole beneath my feet, and I was constantly falling deeper and deeper. I can't find anything else because no one will hire me since I'm damaged goods until I crossed path with an expert professional hack guru who helped clear my records and reinstated my license..Now I am gainfully employed and making hell of money..I am forever indebted to this guy who changed my life..If you are stuck in this same situation and need help I urge you to connect with cyberguru0101 @ gmail. com..He is realiable competent affordable and such an amazing person.
@john dykes So wait you're saying a hacking guru is offering his services nice n easy on a TH-cam comments section just like that
Somebody thinks your a fish. Can you see the hook?
The trick and good sentence in this video is; " you don't have to answer any questions on whether you feel intoxicated ", because the DUI violation is only if you are over the alcohol limit set by state law and if cops can prove that. But, you may be over the legal alcohol limit, but you still don't "feel intoxicated", and because your body could handle more than legal limit! So, I get the message that if you just act normal, they should not have a probable cause to even suspect that you are over the alcohol limit level.
In Colorado if you refuse the tests then the DMV revokes your license for one year and the cop arrests you for suspicion of DUI anyways
however not taking the Breathalyzer/sobriety test is considered to the same thing as admitting to Drink Driving
Not by law dummy.
Only if you're arrested.
maybe it's different in WA. but refusing a breathalyzer for any reason is an automatic license suspension.
Zane Erickson
Only if you are arrested for DUI and it's only for the test at the station not any field test.
No, go research it some more. It's an Intoxilizer back at the station, or a blood test, NONE of the roadside PRESUMPTIVE tests are required,
i was pulled over and given a dwi test for spitting out my car window during a stop light. The officer insisted i was on drugs and basically ignored my rights. i was issued no ticket or warning. simply just let me go. now when i get pulled over its straight attitude and little answers as possible.
Never admit that you have had ANY alcoholic drinks, he suspects that you have and it's HIS Burden to prove you have done so.
But if you refuse to do the Field Sobriety Test, or the PAS, Expect to be arrested and processed for D.U.I. Which could ruin your entire day. and Only ever submit to a Blood Test, which is only done in the hospital.
Thank you for the info.. Knowledge is power..
How about just don't drink and drive
That does not preclude you getting arrested.
If they already had enough to arrest you they wouldn't bother with tests.
I once saw someone blow a 1.0 on a portable breath test and then immediately blow 0.00. Something tells me that the police wouldn't give him that second test during their investigation.
In trial I will always demonstrate a sober person blowing above the legal limit on a breathalyzer and then immediately blowing 0.0 on the same device. That has never failed but it won’t work if they already failed a blood test or bench test which is the preferred method in my district. Law enforcement knows better than to charge a defendant with a DUI without at least a bench test. Simply asking the officer on the stand “why didn’t you take the 10 minutes to be 100% certain and avoid this trial like your policy states and demand a bench test?” The jury will never buy their answer. I actually have to ask that in 3 separate questions or else it is leading but that is essentially what I ask.
Back in June, we were pulled over on main street, in Windermere Florida at 2am. We were going 50 mph in a 25 mph. Police officer approaches and asks "Why are you driving so fast, then shined the light on me and said "are you drunk sir?" I said "Well, hell yes I am, that's why I'm sitting over here!! This is my uber driver you pulled over" The police officer immediately smiled, thanked the uber driver for taking me home, but to slow down to 25 anytime you're in Windermere. :)
Don't try that in Australia however
You are legally required to do a roadside breath test if requested. Failure to provide a proper breath sample (even if unable to) without a good reason will incur penalties which may include jail time or suspension of driver's licence.
This video is for honest people who do not drink and driving. If in case people drink and drive, then the smell/aroma of alcohol in itself is a plausible cause for police to protect the safety of other motorists to stop or even arrest the drunk driver.
If you have been drinking .You SHOULD not drive but if you do(dont).You should extend the amount of time it take for an officer to take you in for the state forensic B>O>C test.Its possible if your close to the limit that during that time your B.O.C will have came down a fraction.Which can mean a No conviction vs conviction.
"I am exercising my right to ...."
And that will give them all the reason to take you out of your ar
@@ronaldmead7643 We can ask you out of your car regardless if it makes us feel safer on the stop.
in my country you can refuse a breath screening test,or a sobriety test(actually never heard of one being conducted here at all and haven't read legislation authorizing it but have heard the term being used herd).
you don't normally have to undergo an evidential breath test as long as you ubdergoe an evidential blood test.
if you refuse to undergo an evidential blood test you must submit to an evidential breath test(can only refuse evidential blood IF you are a diagnosed haemophiliac or on certain proscription blood thinners).
if you fail an evidential breath test if over a certain amount you must complete an evidential blood test.
all this is before arrest.
if you refuse all of it you get arrested for failing to comply with EBA process and get punished worse than if you failed EBA.
if you elect blood only and constable suspects you have been drinking alcohol then he can forbid to drive for 12 or 24 hours and take your vehicle keys or arrest you for DUI(we do have a DUI charge here but is not a quantitive thing and very subjective on constables part because no exact figures available)
driving with excess breath/blood alcohol is the normal charge here
If you have not been drinking it's better to say that you haven't had anything to drink than to say you won't answer that question. It's possible to fail a field sobriety test when you are totally sober. It happened to me. But then the cop gave me a breathalyzer test and I got a 0.000 so he let me go. In my state if you refuse to answer questions or do anything else asked you are more likely to be arrested.
Charley Morin refusing to answer questions is not a crime
I blew a 2.9....cop's were amazed that I was not slurring my talk, walking straight, showed no signs of being drunk, just the smell of alcohol.. another time I pulled over to sleep because I was so drunk, cop pulled up and had to beat on my window to wake me up, I got out and he started the test, which I tried to do, then I told him, if I can walk on my hands down the street and come back, would he let me go, I did it.. he said ' I can't do that sober.. he let me go.. true story
I was pulled over and asked to do a field sobriety test.
I said sure, this is fun I've never done this before :)
Incidentally, I was stone cold sober & on way to work.
At a bar I used to go to in New Mexico a lawyer told a friend of mine similar stuff. My friend ended up in jail from following the lawyers advice. Later when that lawyer came in the bar, my friend, a full blooded Navajo, picked the guy up off his bar stool and body slammed him. Never saw that lawyer again.
billy bear Was he drunk?
Mikevdog
When he was stopped or when he slammed the guy? If you mean the later, No. Just way pissed off. The lawyer was an ass, if he really was one. If you mean was he really DUI? I don't know
fooloof
LOL
fooloof Yup *57 states so 57 different state laws on the books for driving while under the influence. Don't believe me just ask Barrack Obama.*
+billy bear Curious about what being a full blooded Navajo is supposed to suggest? Not trolling, genuinely curious about what this means..
Like the lawyers says you don't have to do any of these 3 things.
But he doesn't say you will be handcuffed and driven to the station where you are required to blow into an intox machine. If you refuse this blood will be taken from your arm and you will go directly to jail.
Of course a lawyer's going to tell you this, its a guaranteed way to get you taken in for DUI and having to call your lawyer to fight it.🤔
Better to get charged with a DUI then get it dropped, than to get convicted of one because you gave them evidence to use against you.
If you refuse #2 and #3. you will be taken into custody and a blood test will be administered.
Remember, this is CA specific information. In FL, it is clearly stated on your license that you consent to any sobriety tests.
not in australia if you refuse a dui test they charge you automatically with drink driving and you lose your license for 12 months
or you could always just you know, not drink and drive!
hear hear! don't drink and drive!
Agreed, just don't drink and drive!
+ted simonson You are what's wrong with society. Cops Harassing people for nothing like carrying firearms or walking down the street is a bad thing, citizens drinking alcohol and driving a vehicle near other people/property is a bad thing. I am by no means a cop groupie, I'm not even sure I know any cops, but drinking alcohol is bad, and if a cop pulls you over for it you should confess and take your punishment
+ted simonson cops are not allowed to drink in uniform, so not only will he get the DUI punishment but he'll lose his job and possibly/shouldn't get any government job again.
+ted simonson I'm in the Army and I see firsthand death from drinking and driving all the time. If there was someone stupid enough to defend drinking and driving, he must be either trolling or extremely drunk, so I say to you, don't drive tonight, someone's life depends on it.
Instead of telling your friends not to answer questions, give breath samples, or perform the road side sobriety test how about you advise them to take a cab.
4. Ask the cop to hold your beer while you get your license out
I don't like the idea of a field sobriety test, but refusing the breathalyzer is worse than high level drink driving where I live, however they can only submit a test from the station machines to court.
Where I live, if it comes to an arrest because a cop "thinks" you are drunk, he can then strap you down and draw your blood for testing.
Would you cooperate with the police if you were suspected of attempted murder.
It’s good to push the cops buttons and get them angry while refusing. People make mistakes when angry and that can get you a nice payday and cost a pig his job. Win-win
100% way to beat a dui
dont drink and drive ..pretty easy huh
You will be the charge but it does not prevent the arrest. Lookup drug recognition experts. The laws are stacked against you.
I have no problem with the breathalizer if it'll make him shut up and leave. But lifting my leg or walking the line? Forget it. I'm not putting on a show. Let them arrest me, the charges will never stick.
Have you had anything to drink? Am I required by law to answer your question? If the officers says "yes" he is either ignorant of the law or lying.
Ive witnessed cops letting a drunk driver go after hitting another car head on. He then threatened me when I called him on it.
Then you wonder why police officers dont get any respect.
You state that under California law you are not required to submit to the breathalyzer test... Even though this may be true when you apply for your California drivers license you sign a statement saying you will not refuse the request and if so refused you will have your license suspended for 1 year. This is really key as it's not the law you're breaking but a signed agreement with the DMV. Kinda not worth losing your license if you're not drunk by refusing...
You're required to submit to the test if they arrest you. That's the test at the station.
Thank you.
So... there you have it .
Exercise your Citizen rights, be polite and remember do not go into a pissing match with any officer..
Yeah, but he did say that the officer might ask you to "lift your leg". Doesn't that sound like he's trying to get you into a pissing contest?
In Maryland you can be stopped and asked to do a breathalyzer. If the cop discovers you are clean after being tested he can report that you refused the test and arrange for your license to be suspended and destroyed. Police have too much power. in Boston there was a state police technician who skipped testing many thousands of suspected drug samples and made up results. She got rewarded for processing drug samples so fast. Eventually they found out. She went to prison and thousands of cases were thrown out. Just because you never drink does not mean you will escape a dui.
here's a thought. Just don't drink and drive.
Charles Barnette Better way is to have lots of money for lawyers so when you meet up with a cop who needs to write a dui regardless you can still work at a job that does not pay that much.
It's what I do. there is no way in hell I would get behind a wheel drunk. Been strict about it for years. Must people with common sense don't drink and drive. It's that damn easy......just dont do it. If that is trite advice Than you are a moron. And yeah jackass, it actually has saved lives. i have used those exact words and prevented someone from driving so its saved more lives than than trolling around on comment threads to be a martass for no apperent reason at all except to maybe make yourself feel smart or more important than others. Guess that what the uncommon words are about. holy shit everyone, this guy used the word "insiped".......he must be cool. LOL, jackass.
If you are wasted on pot a bit of cocaine will sober you up. Problem with alcohol is you have to wait hours.
You will still get arrested and get charged more if you don't take the breathalyzer
The thing that 'sealed the case against you' is being drunk! If you refuse all of these police requests, be prepared to have a minimum of 5 hours 'downtown' while they determine your fitness to drive. Just don't drink and drive, and you will have no trouble answering questions!
Unless they don't like your answers and then they suddenly "smell the odor of alcohol coming from your car".
I pulled a driver over for running me off the road one night in a marked police vehicle. As I approached his driver side window and before I had the chance to asked for his DL and registration to his vehicle, forgetting that I had my ticket book in hand, he rolled his window down and without missing a beat and order a hamburger, fries, and a coke. I guess he took my ticket book as a order book at an area drive in hamburger place. He got lucky on that order because the jail was serving his request. His level of intoxication was .17! He qualified. I never did approach another vehicle with my ticket book in hand
a little confusing because if you refuse to do these test they will arrest you for refusal to take the tests.
This is quite misleading. Yes you are not required to submit to these tests, but in most states, failure to do so is still an offense and still risk large fines and having your license revoked
Better yet. Don't drink and drive. problem solved.. and if you do don't give the officer a hard time... adult up and accept your responsibility.
100% Thank you for your comment!
SO DRIVE DRUNK AND CHANCE IT!!
Yes, but in Texas, refusing a breathalyzer or Sobriety test, allows them to suspend your license for 180 days. That's for absolutely refusing all tests!. If you take the test and fail it, they only suspend it for 90 days. Nice right?
You can still be arrested for DUI drugs if the Po-Po suspects it regardless if the field breath test is administered or if the field breath test shows zeros. My friend's friend was arrested for being under the influence of Nugenix and Eztenze, per the chemical test but no charges were ever filed.
If they think they have enough to arrest you they're not going to waste their time with tests.
That best way is Don't drink and drive ...:-)
do keep in mind these are California laws you might want to check your local laws before you try this
The more you know. Won't see that on NBC.
how about this DONT DRINK AND DRIVE
Don't drink and drive there's no shortcuts on DUI's
If you know your drunk just own up to it.
In RI refusal to take breath test gets you 6 month suspension of your license.
I know.. That sucks.
So when they get around the checkpoint and wipe out that family of 4, how do you beat the aggravated manslaughter charges?
just in California... if stupidity were a crime, there would be overcrowded jails...
It should be against the law to trick people into doing things not required of you by the police. I call that entrapment, making it seem like you have to do it.
Doesn’t matter if you have to take a blood test or breathalyzer after being arrested
If you're going to be arrested anyway, I recommend answering their questions if it's your first offense. Why? If you're polite and cooperate, you'll probably get released on your own recognizance. IF you dig in your heels, clam up, and make their job more difficult, when everyone else is released that night you may find YOU are being held on a 30, 000 dollar bond. Sit in jail for a few days until you get to court, or pay $3000 cash (which you'll never see again) just to get out of the drunk tank for the time being. This happened to me. Yeah. I clammed up on the cops and claimed my fifth amendment rights. Well, I got them alright...along with the same bail that some guys get for rape. Ask the attorney who recommends clamming up if he'll do your time for you and pay the 3 grand you might owe.
Cops got a tough job.Slick lawyers always ready to find a loophole to break the law. If someones driving drunk,they should be in jail.Don't want them driving near me.
I wish the police would uphold the law when real criminals break them instead of harassing innocent people
I don't drink and drive. I never have. That solves the problem by not creating one.
There are many people who will fail the sobriety test due to prior medical issues they might not know it will impact the sobriety test. So always refuse.
You do not have to take the breath test but they then can take you to the station or hospital for a blood test. By refusing the breath test you could loose you license
They can get a warrant for blood whether you take the portable test or not.
I suppose the objective issue is that you do not have the right to put others in danger with nefarious activities.
they detain you when you refuse the breathalyzer
They've already detained you by the time they ask you to take the breathalyzer.
@@doom4067 oh, they made many mistakes and the DUI was thrown out, but I represented myself
How about NOT drinking when you know you have to drive yourself or friends home??? The shit is too easy....
Here in Tennessee , if you refuse any test , you go straight to jail then are "forced " to take blood alcohol test. No ifs ands or buts.
Here in Australia they punish you worse than high level drink driving for refusal, but they can only submit the station test from an inspected machine to court.
same in IL
go wake the calibration technician... none of our machines are certified... oh crikey!
Are you talking about a stop in which you were pulled over because a cop thinks you were driving like you had been drinking? Or are you talking about DUI checkpoints? I see pictures of both in the video, but these are two different situations under the law. Please explain which one you're talking about.
If you have been drinking it's best you stay inside otherwise someone will find you..
Exactly the best way to ever be a DUI is not the never drive drunk or under the influence because a lot of people don't realize the money the problems time the headaches its going to cost you in the end and it's just not worth it. Lawyers going to cost you 5000 dollars easy and you still may be convicted then its going to cost you over 10 thousand when it's all said and done not to mention time and headache taken from me I learned the first time
All of these attorneys love to tip toe around showing ID. YOU ARE NOT REQUIRED TO SHOW ANY ID UNLESS THEY SUSPECT YOU OF A CRIME. So sick of these so called attorneys avoided that part
This attorney does realize that law enforcement can still make an arrest under the suspicion that you are intoxicated whether to submit to a sobriety test or not. This is pointless. The best remedy citizens is to not drink and drive. It's that easy. People are killed very often because morons decide to drink and drive. No excuses.
Joey E yea but if you don’t follow his advice you can be arrested for dui while innocent