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> I mentally add, "... because we can't even test for it when we pull you over, so... please don't." Thats not entirely true. I knew 2 people who loved to dri
by nekusar 1y ago
> I mentally add, "... because we can't even test for it when we pull you over, so... please don't."
Thats not entirely true.
I knew 2 people who loved to drive high. Evidently it feels great (their words, not mine).
Now, being incapacitated or inebriated with any substance is illegal. Even prescription drugs. And basic roadside sobriety tests like "walk in straight line", can be an easy fail if you cant stand up.
Now weirdly, ive never heard of anyone ticketed or pulled for driving sick or very tired. Even though both of those conditions can also be just as dangerous.
- mothballed 1y agoThe roadside test is basically a test to see if you are a moron dumb enough to consent to it. If you perform an FST good luck doing it in a way that can't be used against you. In my state you're only required to submit to chemical testing, which the courts have ruled the little portable breathalizer machine isn't, and even if you refuse all they can do is suspend your license and then try to get a warrant.
- stronglikedan 1y ago> The roadside test is basically a test to see if you are a moron dumb enough to consent to it. Only a moron would not consent to it, lest they lose their license for a year regardless of the outcome of their DUI charge, since it's a separate charge that cannot be fought (you either did the FST or you didn't). (Of course, every state is different, but I was just matching your matter-of-factness as incorrect-in-general as it was.)
- mothballed 1y agoI'm not aware of any state that suspends your license for not doing the FST. Mine only suspends for not doing chemical testing, and the PBT doesn't count (and is inadmissible).
- quickthrowman 1y agoField sobriety tests are not mandatory in Minnesota, only chemical testing. I’d refuse field sobriety tests every time, they’re subjective. There’s no reason to comply and open yourself up to legal risk in states where it isn’t required.
- mschuster91 1y ago> The roadside test is basically a test to see if you are a moron dumb enough to consent to it. It's "voluntary" in Germany as well both for alcohol and other drugs, but if you refuse it the cops can and will use every avenue they can to make your life absolutely fucking miserable, and there are a looooot of ways they can abuse. Especially if you are in the proximity of a highway or important federal road, they can pull off the full "border control checkpoint" under Schengen laws.
- mothballed 1y agoIf they are going to use every avenue against you, the FST only gives them more ammo. The test is way more subjective than chemical testing.
- potato3732842 1y agoExactly. The test is structured to let the officer use tricks of body language and inference write a police report that makes you seem falling down drunk despite you acing the test.
- rafram 1y agoThis is bad advice on a national level. In many states, the best-case scenario if you refuse the FST is that you get a free ride to the police station and have to undergo a blood test.
- mothballed 1y agoI've had a warrant for my bodily fluids before. They couldn't even find a doctor/nurse willing to execute it, and even better like 12 hours of 2 officer's time was wasted (before they gave up, LMAO) trying to execute it so they couldn't hassle anyone else. No charges, and since I refused to even talk to the police they had nothing. I'll take getting dragged to the station any day instead of just handing PC to them on a silver platter with some subjective test.
- potato3732842 1y ago$600 "fuck you fee" on a tow/impound bill vs $6k lawyer. Unless you know you'll blow a zero always take the ride.
- fmajid 1y agoGiven THC lingers in your blood for so long, the inevitable delays in getting the perp to the testing facility won’t help their blood levels fall under the threshold, whatever it is. Norway used to have a blood alcohol threshold of zero, and if you had any, you were immediately shipped to Ilseng prison, no ifs or buts. Sadly they have abandoned this enlightened policy.
- mothballed 1y agoDue to the way weed was legalized in my state, they accidently made THC results ineligible as standalone evidence of intoxication, as ruled by our state's supreme court. If all they have is the THC+ test and no FST they basically have nothing. This from actual appeals case, not just a legal hypothetical.
- nekusar 1y agoThat policy also sounds really stupid. All drugs have a half-life in a body. Alcohol is no different. Remind me again, when you're measuring a half-life, when the result is 0? Thats right, its a sum of an infinite series. Hard to say how many days/weeks/months before you measure an absolute 0. Again, we've seen this form of zero tolerance again and again, and its always the wrong answer. Good on Norway to get rid of this terrible policy.
- quickthrowman 1y agoThe roadside tests can be declined with no penalty in my state. So, if I was driving high on THC I’d say “I refuse field sobriety tests but will consent to chemical blood testing, which I am obligated to comply with or lose my driving privileges.” I’d test positive and then say “Good luck proving I was intoxicated while driving!” and then the DA would refuse to file charges, because there is no way to prove that with THC if you refuse roadside tests.
- mock-possum 1y agoIt does feel great, and honestly it’s a shame I can’t figure out a way to do so safely. The risk kills my enjoyment. Best I can come up with is VR/videogames
- nekusar 1y agoWell, you definitely can, in a safer and legal manner. 1. Get crossfaded (cannabis and alcohol to do both drunk and high). Sit in comfy chair. Close eyes, imagine a roller coaster. Yeah, that works. 2. Get in car, PASSENGERS seat. Someone else not inebriated drives. Enjoy the ride! 3. You can do on the sly cannabis vapes before going on a roller coaster at a theme park. Obviously harder to do. Again, you get strapped in, and enjoy the ride.
- kotaKat 1y agoManaged to get pulled over by a State Trooper on a highway because I failed to dim my brights going by a couple cars and I was just a hair over the speed limit (63/55). I was tired and it was ten more miles to the house after a long maintenance window at the hospital overnight. I was given a warning and some mercy after a quick records check. Not a drop of booze or a single puff that night.