General Discussion

Amimnoch

(4,558 posts)

6. Poor guy. He should never have consented to the field sobriety test.

Thu Feb 27, 2014, 07:52 AM

Feb 2014

I can't stress this enough.. there is NO compelling requirement that you have to agree, or will (legally) suffer consequences for refusal to submit to a field sobriety test. Those things are subjective, and even if you are absolutely clean, one little waver, or loss of concentration and BAM, you are looking at a DUI.

Instead, politely tell the officer, that you do not consent to a field sobriety test, and state that you don't agree with the subjective nature of them, but that you will consent to blood alcahol testing, or breathalyzer testing (especially if you are actually clean, if you know you won't pass testing, even though you will still have severe penalties for DUI against you, it may be better if you just refuse (your defense will have more to work with when representing you.. which is your right).

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Texas police defend DUI arrest of black man who blew 0.00 on Breathalyzer [View all] MrScorpio Feb 2014 OP

Texas RandiFan1290 Feb 2014 #1

He was guilty of DWB... MarianJack Feb 2014 #2

Yep. DWB was his real crime. theHandpuppet Feb 2014 #7

Beat me to it. I posted that as a comment to the yahoo article. Nanjing to Seoul Feb 2014 #8

It must be that great minds thing going on again! MarianJack Feb 2014 #66

Go Blue Texass! Egalitarian Thug Feb 2014 #3

After all, alcohol is the only substance that impairs driving Android3.14 Feb 2014 #4

The article says he voluntarily gave a blood sample too. gollygee Feb 2014 #12

And? Android3.14 Feb 2014 #17

He blew 0.0 and offered a blood test gollygee Feb 2014 #18

I agree Android3.14 Feb 2014 #62

I couldn't pass a field sobriety test hobbit709 Feb 2014 #45

I'm in the same boat as hobbit709 but for different reasons. Lochloosa Feb 2014 #46

I am with hobbit as well. nadinbrzezinski Feb 2014 #49

so you support DWB arrests? noiretextatique Feb 2014 #57

Again, why do you have to be obtuse? Android3.14 Feb 2014 #63

So, everyone that runs a stop sign should have to consent to a field breathalyzer? blueamy66 Feb 2014 #59

If the government can't prove it, then it did not happen. jeff47 Feb 2014 #29

You're defending this? ForgoTheConsequence Feb 2014 #51

You left out your point. I will guess. Officers should be allowed to arrest and detain for rhett o rick Feb 2014 #67

Yes. don't you see how it works Nanjing to Seoul Feb 2014 #68

No one would tolerate a thirty percent error rate in any other profession. MADem Feb 2014 #5

Poor guy. He should never have consented to the field sobriety test. Amimnoch Feb 2014 #6

In TN., dotymed Feb 2014 #10

in virginia a refusal is one year licence suspension. loli phabay Feb 2014 #34

I didn't realize this varies from state to state. Amimnoch Feb 2014 #39

no way Cane4Dems Feb 2014 #19

That might work if you're white - TBF Feb 2014 #20

The compelling requirement varies from state to state. JoeyT Feb 2014 #28

Most states do not require a FST. former9thward Feb 2014 #33

"Consent" is a luxury not always available to us... Blue_Tires Feb 2014 #31

I can't argue about racist, crooked cops. It's a too common and disgusting practice Amimnoch Feb 2014 #41

uh, if he was sober, yes he should. in NY, refusing the test means lose your license. nt dionysus Feb 2014 #35

Come on, badge sniffers. Defend this! Please tell us it's only a few of them Nanjing to Seoul Feb 2014 #9

About the way I feel about it. marble falls Feb 2014 #22

Hey! It's just a very small minority, a few bad apples. Enthusiast Feb 2014 #26

So does that mean that every time someone runs a stop sign ... ananda Feb 2014 #11

It's called DWB. hobbit709 Feb 2014 #14

What's it called when the police stop a white person for running a stop sign? Android3.14 Feb 2014 #42

running a stop sign hobbit709 Feb 2014 #44

Raised in the Dallas area (25 years) and lived in Laredo and Houston for several years Android3.14 Feb 2014 #64

were you arrested after proving you were not drunk? noiretextatique Feb 2014 #60

Don't be obtuse Android3.14 Feb 2014 #61

If they extend that to a rolling right turn on red here, Thor_MN Feb 2014 #21

If you are a minority, thats about right. marble falls Feb 2014 #23

Acevedo is a major asshole and APD has acted like storm troopers ever since he took over hobbit709 Feb 2014 #13

Traffic was godawful thirty years ago, when I was stationed at Bergstrom MrScorpio Feb 2014 #15

think 3 times the cars and half the brains hobbit709 Feb 2014 #16

And almost 80% of those people came from somewhere else in the last 15 or 20 years. marble falls Feb 2014 #24

Not about Race erpowers Feb 2014 #25

So how many whites are regularly arrested in Travis Co. Blue_Tires Feb 2014 #32

^^^this^^^ L0oniX Feb 2014 #38

I Do Not Know erpowers Feb 2014 #43

For some people, it's never about race Cali_Democrat Feb 2014 #47

"They think racism doesn't exist." What? AverageJoe90 Feb 2014 #50

White privilege can be a powerful thing Cali_Democrat Feb 2014 #56

"and it blinds even some sensible people." And I'd argue that..... AverageJoe90 Feb 2014 #65

You're right. ForgoTheConsequence Feb 2014 #52

never about race noiretextatique Feb 2014 #58

I see now what his crime is...DWB. Rex Feb 2014 #27

Sounds More Like DWB Than DUI DallasNE Feb 2014 #30

They just wanted to search his car for drugs -DWB- taught_me_patience Feb 2014 #36

Breathalyzer? or Blackalyzer? You decide! L0oniX Feb 2014 #37

These ass holes need to lose a civil suit. Money seems to be Pretzel_Warrior Feb 2014 #40

What makes you think that? Savannahmann Feb 2014 #48

not true. the cum. effect of being forced as a city or county to pay for rogue cops Pretzel_Warrior Feb 2014 #53

The Breathalyzer showed that he CLEARLY wasn't drunk. IF you wanted to get someone Common Sense Party Feb 2014 #54

omg Liberal_in_LA Feb 2014 #55