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OT Police, why don’t go directly to the breathalyzer?

Posted on 7/24/24 at 12:54 pm
Posted by Scruffy
Kansas City
Member since Jul 2011
77261 posts
Posted on 7/24/24 at 12:54 pm
Scruffy gets a kick out of watching YouTube arrest videos and that is a pretty common thing.

Why don’t you start with the breathalyzer?

Some of the tests are pretty subjective, especially the horizontal nystagmus test.

There are always non-alcohol concerns, but even in situations where they smell alcohol, they still don’t go directly to the breathalyzer.

Why is that?
This post was edited on 7/24/24 at 12:55 pm
Posted by kingbob
Sorrento, LA
Member since Nov 2010
70465 posts
Posted on 7/24/24 at 12:55 pm to
Most people refuse the breathalyzer because it has a crazy wide margin of error, often as much as .05. .08 is drunk.
Posted by Commandeaux
Zachary
Member since Jul 2009
7881 posts
Posted on 7/24/24 at 12:58 pm to
We like to see if we're gonna get offered a blowjob before we administer the breathalyzer. Guy or Girl...don't matter. We're all flaming homos.
Posted by LegendInMyMind
Member since Apr 2019
75135 posts
Posted on 7/24/24 at 12:59 pm to
quote:

the horizontal nystagmus

Nu uh....you are!
Posted by Proximo
Member since Aug 2011
24144 posts
Posted on 7/24/24 at 1:00 pm to
to obtain as much evidence as possible. they may try to refuse the breath test as well but could consent to the FSTs
Posted by danilo
Member since Nov 2008
25712 posts
Posted on 7/24/24 at 1:00 pm to
quote:

We like to see if we're gonna get offered a blowjob before

Being a cop before cameras must have been fun
Posted by The Boat
Member since Oct 2008
177321 posts
Posted on 7/24/24 at 1:01 pm to
Tell those pigs to come and take it

Posted by Proximo
Member since Aug 2011
24144 posts
Posted on 7/24/24 at 1:02 pm to
quote:

Most people refuse the breathalyzer because it has a crazy wide margin of error, often as much as .05. .08 is drunk.


I don't believe that at all. But there is a reason why it's called PBT--they use the actual test back at the station with the intoxilyzer machine
Posted by Scruffy
Kansas City
Member since Jul 2011
77261 posts
Posted on 7/24/24 at 1:04 pm to
They still do the breathalyzer at the station though.

The entire field test intimately leads to a breathalyzer at the station anyway.

In Europe they rely solely on the breathalyzer. They don’t do field tests.
This post was edited on 7/24/24 at 1:07 pm
Posted by Tantal
Member since Sep 2012
19821 posts
Posted on 7/24/24 at 1:07 pm to
The SFSTs are to determine if there's probable cause for arrest. The PBT (Portable Breath Test) results are not admissible because it isn't a calibrated instrument, although some agencies will use it as another tool in developing PC for the arrest. Once the arrest is made, the official breath test is done on the large Intoxilyzer at the station. DWI investigations have become increasingly more difficult over the years. When I was a young buck on the streets in the 90's, a drunk was just a drunk. Now we have multi-drug impairment that requires a blood specimen. Instead of a dude just killing a 12-pack of beer, he'll have 3 beers, 2 Xanax, and a few rips from a high-potency THC pen. He'll be under on BAC, but still blasted out of his mind.
This post was edited on 7/24/24 at 1:09 pm
Posted by caro81
Member since Jul 2017
6340 posts
Posted on 7/24/24 at 1:14 pm to
was just talking to my brother about this two days ago. apparently he got stopped and the cop was being a prick. Asked him to recite the alphabet backwards while skipping every 3rd letter.

he said frick that just breathalyze me and the cop just told him to leave. i guess they want to catch you fricking up these insane arse tests they come up with. to what purpose i have no idea.
Posted by Snipe
Member since Nov 2015
16709 posts
Posted on 7/24/24 at 1:15 pm to
quote:

We're all flaming homos.


Nah, Just you.
Posted by 0x15E
Outer Space
Member since Sep 2020
14735 posts
Posted on 7/24/24 at 1:17 pm to
quote:

Some of the tests are pretty subjective, especially the horizontal nystagmus test.


Wait until Scruffy finds out these “tests” are meant only for incrimination purposes and not actually to “prove” innocence.
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
12846 posts
Posted on 7/24/24 at 1:17 pm to
quote:

Now we have multi-drug impairment that requires a blood specimen. Instead of a dude just killing a 12-pack of beer, he'll have 3 beers, 2 Xanax, and a few rips from a high-potency THC pen.

Counter point: if a cop uses the “smell of alcohol” as probable cause and the breath test shows up 0.000, the entire arrest should be poisoned and the cop should have to disclose it in the future. Because it’s bullshite.

I get that there are other substances but it’s ridiculous that cops can basically make up probable cause and then go do a bunch of other shite without verifying the “probable cause” that led down that road in the first place. You think you smell alcohol and that justifies a sobriety test? Cool. Request the PBT first and then worry about everything else. It might not be “calibrated” but it’s more accurate than the cop’s fricking nose.
Posted by CleverUserName
Member since Oct 2016
17467 posts
Posted on 7/24/24 at 1:23 pm to
quote:

The SFSTs are to determine if there's probable cause for arrest.




Whatever.. they are fully subjective in both accuracy and validity.

Have you ever known of anyone passing a FST and that be the end of it? Released? Apologized to for wasting their time? Hell no.. right to the breathalyzer.

Only idiots agree to the FST. If you are stone sober.. a missed direction or action will be used against you. Full passing is never written in FOR you.
Posted by Dawgfanman
Member since Jun 2015
26316 posts
Posted on 7/24/24 at 1:25 pm to
Never agree to a roadside sobriety test, never agree to a roadside breath test if you’ve had even a sip or used mouthwash, never admit to drinking anything even if you did have just one glass of wine 4 hours ago.

If they want to arrest and charge you, don’t give them evidence. They decided within moments of speaking with you if you were going to jail.
Posted by tigersownall
Thibodaux
Member since Sep 2011
17006 posts
Posted on 7/24/24 at 1:25 pm to
The only about refusing the breathalyzers is the penalties can be stiffer.
Posted by BabyTac
Austin, TX
Member since Jun 2008
16660 posts
Posted on 7/24/24 at 1:25 pm to
I never understand why cops can’t write 1000s of DUIs a night if they wanted to. Lazy to do all the paperwork?

I fish a lot at night and often on the road anywhere from 2-4am on a Fri/Sat and the amount of people swerving, driving at erratic speeds, etc amazes me.
Posted by BPTiger
Atlanta
Member since Oct 2011
6217 posts
Posted on 7/24/24 at 1:29 pm to
Not a cop or lawyer. I would think so they can claim they’ve established probable cause so the immediate breathalyzer doesn’t get tossed as some kind of illegal search.
This post was edited on 7/24/24 at 1:31 pm
Posted by Proximo
Member since Aug 2011
24144 posts
Posted on 7/24/24 at 1:30 pm to
quote:

lostinbr

please tell us more about your extensive knowledge on probable cause scholarship
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