COPs on DwI giving bs eye test

Congrats on not being blind

Glad you posted bail.

It's just one of the tests

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It's just one of the tests 

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My poorly written point is the language the cop used - "only" it was definitive. It is not definitive.

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This is what got me. I passed all the other test. They brought me to station because "I failed the eye test"

Then an hr later I blew a .081. shouldn't have blow

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Deny then assert your right to remain silent.

Make then arrest you and don't blow it to any field sobriety. They try and scare you with the mandatory license suspension. Do not give in unless you know for a fact you blow 0.0.

Even if you blow 0.0 then they can still arrest you.

It’s astigmatism and it CAN give a false positive on horizontal gaze test but forget about all of that. 2 things to remember...are you legally intoxicated or not? If you think you are, refuse all tests or statements and be charged...don’t build your own damning case by doing anything at all....and 2, if you are not under the influence of intoxicants, take the stupid test and go about your business. There is really no legit reason to drive impaired though, not in this day and age.

Additionally if you refuse your license will be suspended for 6 months but if you intoxicated, it’s suspended anyway...

You can appeal the license suspension and appeal the ignition interlock.

You failed the horizontal gaze nystagmus test, didn't you.

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Don't ever do those tests.

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Correct.

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Make them pull blood.

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Absolutely.

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And tell them you want to donate a stool sample as well.

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...and that's why you have the right to remain silent.