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Started By
Message
re: DWI tests
Posted on 4/7/25 at 10:34 am to CleverUserName
Posted on 4/7/25 at 10:34 am to CleverUserName
quote:
Did they do the study with a group of people with barely a high school education that is annoyed that someone hasn’t fully submitted to their “authority”?
0
Posted on 4/7/25 at 10:34 am to Lake08
quote:
So after they pulled your blood and breathalyzer and it showed nothing, you still got a DWI? Sounds like a lawsuit to me
posted this on here years ago, a cop can cite you for a DWI just because, you will eventually have the charges dismissed but the hassle, financial, and insurance ramifications will be almost as if you had been convicted, had this happen to a guy that worked for me years ago
This post was edited on 4/7/25 at 10:42 am
Posted on 4/7/25 at 10:37 am to Lake08
quote:
Has anyone ever tried to do these tests without any alcohol? We tried to do the heel to toe, the finger on the nose tip, and lifting of your leg while looking at the sky. No one could do these tests without fricking up. How are these things still a part of any test?
All of the above is to clear the probable cause hump and get to chemical testing (blow or blood).
Posted on 4/7/25 at 10:38 am to tigersownall
quote:
But the police would be against that.
You would think they would love this, much less work.
Posted on 4/7/25 at 10:38 am to lsufan1971
quote:
The horizontal gaze nystagmus eye test is what you can’t pass if you have been drinking.
lots of false positives with that test. My eyes have natural nystagmus - so much that my optometrist wrote it in my charts years ago. She told me about it and said if I ever failed the eye test to have my attorney call her to prove it. Now I don't drive drunk, but I've got that going for me which is nice....
Posted on 4/7/25 at 10:41 am to CaneyLake
quote:
I ended up blowing a 0.084
There is where you fricked up.
Never do the FST
Never blow
Hand over license and registration and never say anything other than "lawyer" through the windows
Do not get out of the car - make them remove you
Posted on 4/7/25 at 10:42 am to jpcajun
quote:
How many of you have been asked to do these tests and you refused? What was the outcome?
In most(?) states, refusal to take the field sobriety tests results in a suspended license for 6 months to a year.
Posted on 4/7/25 at 10:46 am to Lake08
MADD people are almost as bad as all these protesters. They only see things one way vs. looking at the entire problem. A question I’d love to ask them is:
“If a person who was driving over the legal limit gets in an accident get in the same trouble as a person speeding that gets in an accident”? What’s the difference? They both broke the law
“If a person who was driving over the legal limit gets in an accident get in the same trouble as a person speeding that gets in an accident”? What’s the difference? They both broke the law
Posted on 4/7/25 at 10:47 am to 777Tiger
quote:
posted this on here years ago, a cop can cite you for a DWI just because, you will eventually have the charges dismissed but the hassle, financial, and insurance ramifications will be almost as if you had been convicted, had this happen to a guy that worked for me years ago
Exactly.
It was either pony up a ton of cash (which I didn't have) and fight the charge tooth and nail, or "plead down" to something ridiculous such as Failure to Maintain Lane, and walk away.
Once you're in the system's sights, you're not getting away.
And through all of it, the only person I have ill will towards is the DA. It should have been dropped when evidence wasn't in their side. The cop who arrested me was professional and decent - I also didn't try to litigate the case on the roadside.
The irony of all of it, was that when I was arrested and hauled off, I later found that another cop was there and offered to let either of the passengers (who were Legit drunk AF) drive home.
Posted on 4/7/25 at 10:48 am to HonoraryCoonass
quote:
In most(?) states, refusal to take the field sobriety tests results in a suspended license for 6 months to a year.
I question the validity of this threat. I am sure all LEOs will site this and throw it in your face as a way to get you to comply; but I wonder how enforceable this is if they ultimately lack the proper evidence to say you were driving under the influence.
Posted on 4/7/25 at 10:50 am to HonoraryCoonass
I know that but want to hear personal experiences and what really happens.
Posted on 4/7/25 at 10:53 am to HonoraryCoonass
quote:
In most(?) states, refusal to take the field sobriety tests results in a suspended license for 6 months to a year.
it's best not to press to test but a lot of my old frat brothers are either lawyers and/or judges, without exception they all say if you've been stopped for suspicion of DWI, don't say anything and refuse all tests, the suspension varies among states if the charges are dropped, but in general when you get a driver's license you sign an agreement that you will submit or face suspension, in La if you refuse and the charges are dismissed you get you license reinstated(or it used to be that way,) in Fl though, a refusal gets you the suspension regardless of the outcome of the DWI charge, I'd rather deal with a suspension than a DWI, but again, the best mitigation is don't drink and drive
Posted on 4/7/25 at 11:58 am to Lake08
I always thought it wasn’t about if you wobbled. It was more about if you followed directions (start with left foot, count 10 steps, turned back around, came back, said “done” when complete, and such)
Posted on 4/7/25 at 12:07 pm to Lake08
It's a trap. There is no "passing"
It's not a test, it's an evidence gathering interview.
Don't speak or test. Give paperwork and wait
It's not a test, it's an evidence gathering interview.
Don't speak or test. Give paperwork and wait
Posted on 4/7/25 at 12:31 pm to CleverUserName
quote:
Did they do the study with a group of people with barely a high school education that is annoyed that someone hasn’t fully submitted to their “authority”?
It wasn't the cops that did the study. The biggest was NHTSA.
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