In Pennsylvania, if an officer requests a breathalyzer, it's wise to comply
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- เผยแพร่เมื่อ 22 ส.ค. 2024
- In Pennsylvania, if an officer requests a breathalyzer, it's wise to comply. 🚔 Refusing could result in losing your driving privileges for a year. 🚫 Stay informed and drive smart! #frankwalkerlaw #criminaldefense #lawyer #personalinjury #attorney #Pittsburgh #Morgantown #WVULawyer
So taking the 5th is like drinking the 5th.
Best comment 😂😂
😂😂😂😂
On 55th skreet
Sounds like you need to call your state legislatures until it’s changed 👀
Someone needs to take that to the Supreme Court. Holy fuck
No. Our current Supreme Court would just find a way to make it worse.
My granddaughter lives in Pennsylvania. I go often.
So they are a police state. With no justice
No justice in Pennsylvania.
C'mon, Guys.
You know you shouldn't be drinking and driving.
Everybody knows that, so stop The Sovereign citizenship shite.
You know right from wrong, you're adults, so don't try to be all Trump on us.
@@archlab007 cops ,judges do it all the time.
Bruh, just don’t drink 😂 this is crazy
exactly what i was thinking
I got a dui in Pennsylvania when I hadn’t drank anything at all. Police will try to give you DUI for driving on your own medication.
while i agree with your statement, the facts are around the country many many people have had false charges filed against them. many have them dismissed because the cops got caught lying. Not all cops lie, but all cops know who the liars are in their departments, and continue to support them, so they're all guilty - they need to clean house, not whitewash their dirty teams.
Sounds like they don't need to find you.They just find you guilty no matter what whether you've been drinking or not
It doesn't matter the breatherlyzer isn't accurate
I've been in this situation exactly and I'll never go back to Pennsylvania. That's insane. The police literally said.. you ain't from around here, told me to find my keys and start the car. Then demanded I take a test for drunk driving!!! Then I lost my license for one year because I refused to follow any more orders. Fuck PA. My car was parked in the parking lot and we drinking but I was simply standing there behind my sisters apartment. I thought they just wanted to hear my exhaust because it was a nice car.
If police are talking you, they're looking for a reason. Never talk to cops.
Sounds like a case of entrapment to me.
I assume nobody videoed. No justice without the video, the officer is presumed to be right.
Never agree to a field sobriety test. In most states I know of, you have that right.
Sounds like they got you for being drunk in charge if a motor vehicle.
Pro-tip: as soon as you decide to have a drink, leave your car keys either with a sober person or at home. You do not want them on your person.
@@peterclarke7006 If he is telling the truth and the cops told him to get his keys to start the car then that is entrapment. They literally convinced someone to commit a crime where they otherwise would not.
Won't get into specifics, but when they ask you if you've been drinking: The answer is "No".
And... they will ask you again and again.
Nope.
Maybe it was just a busy night, but they backed off.
This was Georgla
What about if instead of refusing, you decline?
It's treated exactly the same. Breathalyzer or 1-year suspension. It's something that is agreed to if you want to hold a PA driver's license.
Depends on the state some refusal is an automatic suspension of your license.
I'll take Texas law where we have the right to refuse.
If you refuse in Texas, it's 180 suspension.If you refuse a second time, it can be up to two years.
Same in Massachusetts, idk about the assume highest level but refusing is a crime w/ an automatic suspension & a court date
Dang im never going to Pennsylvania.
It’s like that in Louisiana too, and I am sure for most states too.
I was told ohio is like that.
@@kohios1Yes Ohio is basically the same as PA if you refuse a breathalyzer its an automatic 1yr license suspension for 1st offense, 2yrs for 2nd offense, 3yrs for 3rd offense & any more offenses its a 5yr suspension.
Frankly, forcing a breathalyzer under threat should be a violation of the constitution for self incrimination.
Same in Liberal Massachusetts
The roadside breath test isn't certified or calibrated. Most states have a proper tester at the station.
Is this referring to the roadside test or the calibrated one back at the station?
Is there a distinction in Pennsylvania law between a handheld breathalyzer versus the large breathalyzer that is at the jail? In my state of Virginia we can refuse the handheld breathalyzer without issue but we cannot refuse the full breathalyzer after we have been arrested and are transported to jail without getting our license suspended as punishment for refusing. Unfortunately the wording of the law doesn't make this distinction in Virginia law but rather case law on the matter mix that distinction.
Same applies in New Jersey
Refusal results in immediate suspension but for 3 months
NC is the same way, refusal of breathalyzer and actually even refusing field sobriety is an auto dui
Under North Carolina law, you are not required to perform a SFST or any other roadside testing. The officer cannot force you to perform these tests. Furthermore, you will not have your license immediately revoked for your refusal of roadside testing.
They will charge you whether you do the field sobriety tests or not. They either say you failed or refused. No one, drunk or sober, passes field sobriety tests. They are just a cruel, crooked ruse to charge people.
@@DirtyDog97 Dirty, I agree! They need evidence to charge you with DUI. If you agree to a field sobriety test, they can use that as evidence that you are impaired. The test itself is completely subjective, the officer's judgement, it doesn't matter if you had the flawless balance of a Ballerina, the officer decides the passing grade. Refusal, can't be used as evidence of impairment. In most states I'm aware of you can't refuse a breathalyzer without some type of sanction, license suspension. Hopefully people don't drink and drive, but I also don't want to have my life ruined because I drank one beer and decide to go buy gas for my mower.
It not an dui in Pennsylvania
I have a couple cousins that's law enforcement in Pennsylvania that is true if you deny the breathalyzer or a variety test and if you pass the breathalyzer test you can sue them because they're assuming you are under the influence so if you pass it and prove it you can turn around and sue them
Georgia as well
No license for 1 year or DUI charge. What’s less severe?
But also it's assumed you blew the highest of you refuse
You will lose your license either way
@user-en6bh2fl6w but afterwards you may not be a convicted criminal and be less likely to get jobs, rent an apt, or travel to countries such as Canada.
@@mnj1tdk12 Canada? Canada??? What’s so good about Canada? Really… Canada…
@@teamcoltra you know what happens when you assume?
In Oregon too
Same in indiana
That’s about the same in every state.
WOW! This is an awesome money grab. Because I am sure that is followed by "pay xxx and you can get your licence back", "take these classes for xxx to keep your licence" This is wild.
I think Illinois is the same way, if you refuse a breathalyzer
Im about to be homless in rural Pennsylvania. Am i allowed to camp? Clear land? What about open carry? Theres mountain lions and black bears over here. Some beast was stalking me down the highway the other night. Would be cool to know.
Bro rural nobody cares if you are armed
I got a CDL if a CDL holder refuses were under the same rules
Yep, avoid PN
Texas also
or Michigan only, or DC only, etc.
As long as the cop tells the person that I’m good. I live in PA and a state trooper asked and I said I’d rather not. He did field sobriety and I passed. That was 15 years ago so not sure if they changed the laws, but I think it was cause he asked and not told me to do it I assume
Common law state that's why, my uncle was a state cop I knew this.
Well ! For year your on electric bike ! 😅😅😅 Uber me !
Innocent until proven guilty right...
Same as uk
So is it going to be cheaper to lose it for a year or to come about a 10,000 15,000 for the DUI ❓ what makes more sense
Land of the free, folks!
How is the implied consent law not a violation of the 4th Amendment? This sounds like the cops are doing unreasonable searches and seizures on a whim
Bro acted like he was gonna answer the question
ok - never going back..
Massachusetts you lose it for a year too but every attorney still says you shouldn't take one
They can't suspend my key's 🖕🖕🖕😂🤣😂
Ms also
Ohio too
can someone think about a way around this?
Thank fugg you don't need a license unless operating a vehicle for commercial purposes
Give me my 30s back
It’s more than just PA isn’t it? Pretty sure Louisiana is like that too.
This is extremely unconstitutional playground law it's ridiculous
That’s why I’m moving.
South Carolina also, even if proven later to no be guilty of DUI
Similar thing for Oregon, except it’s only 30 days
So legal advice if you are going to drink and drive know local laws😂
Oklahoma is 6 months,automatically DUI.
So thtey charge u with no evidence
From what I have heard California also will suspend your license if you deny a breathalyzer test. Is this true . What do you think Californians to do ?
I believe it is federal law.The time frame just differs from state estate
All about the money
Yep, that ia how you know he is legit, each state requires license, you would need 51 to be national.
But remember kids this is the land of the free and cops and courts rule all have fun 😢
True in Indiana
You have to be more specific in these vids and it makes me think that the lack of specificity is purely for clicks which means this vid is not even for providing information, so specifically a breathalyzer on the side of the road or a breathalyzer at the station, in Texas you can refuse the breathalyzer on the side of the road with no repercussions, but if you refuse at the station, then the process for suspending your license is started....
Innocent until proven guilty my arse.
But I can walk around with an AR15 and a 100round drum open carry no problem.
Get out of the car lock the door throw the keys and chug heavy alcohol
Corrupt police.
Add Florida to that list too.
I think this also goes for Ohio except it’s only 6 months
Georgia is the same way.
What if you refuse in Idaho?
The Legislature isn't seeking to revisit that law? Seems unconstitutional. In particular, protections against being forced to present evidence against yourself. Interesting.
Maybe just stop drinking and driving?
What 😮😮
we are a stupid state with stupid government starting with the governor
So the 5th doesn't exist in pa got it
In other words pennsilvania sucks for alcholics.
Refusing the PBT and FSTs does not constitute an “implied consent” violation, meaning that you do not receive an automatic one-year driver’s license suspension under Pennsylvania law for refusing to perform roadside tests.
Do a breathalyzer, but dont do any field sobriety tests.
Can you imagine all the illegal pull overs? 😂 Oh my...
Don't drink, or break the law, and you won't get pulled over. It's a simple concept.
By law, you're required to take the test. Driving is a privilege, not a right.
why is the us so car centric then if it aint a right? cant even walk anywhere in cities
By law you are free from self incrimination. People are arrested for DUI all the time without even drinking.
Should be the same in all states
people will do anything to drink and drive, it's really not hard to not, put yourself at risk for all I care dont take others with you
Its not that, stone cold sober people are arrested all the time. Passing a FST if you have poor balance is not easy.
Guess you US folks got Pencilvania as Police State, while Germany has Bavaria for that.
Why? Because they're keeping drunks off the road?