4 ms·

I don't understand how simple DWI testing is like that in your country. 3 seconds of a certified calibrated breathalyzer is sufficient, this walking in a straig

by k4rli 5mo ago

I don't understand how simple DWI testing is like that in your country. 3 seconds of a certified calibrated breathalyzer is sufficient, this walking in a straight line and saying the alphabet backwards sounds like a joke.

mothballed 5mo ago
The portable breathalyzer is inadmissable in court in my and most states. The Simon Says game is though (but it can be refused without penalty, hypothetically).
- GJim 5mo ago
  The portable one is used as an indicator. A positive result will get you arrested and taken to the station, where they have the (non-portable) court admissible calibrated kit.
- crote 5mo ago
  Why would a certified calibrated breathalizer test be inadmissible in court? How is it any different from catching speeders with a laser gun, or doing a DNA test? And if giving every cop a calibrated breathalizer is too expensive: give them a reasonably-accurate one for in the field, then take everyone who fails it to the station for a retest on an expensive calibrated one.
  - Atotalnoob 5mo ago
    That’s what they do. The field one is inadmissible, but justifies arresting and transporting to the admissible one at the station
- gnopgnip 5mo ago
  This is changing. Most states have “permanent” properly calibrated breathalyzer at every dui checkpoint now. And in an increasing number of regular vehicles
loloquwowndueo 5mo ago
As others have said the intent is not to document sobriety but to have a subjective reason for an arrest which looks good in the scorecard. Look for “if cops say I smell Alcohol, say these words” on YouTube, gives you tips on how to respond if asked about alcohol use or doing a sobriety test.
- antiframe 5mo ago
  I rather use a lawyer for legal advice than YouTube. There is a lot of sovereign citizen "you don't need a license to drive" "legal advice" on YouTube too.
  - loloquwowndueo 5mo ago
    Oh for sure. Have you asked your lawyer what to say if they pull you over and falsely claim to smell alcohol / drugs or want you to take a bogus sobriety test? If so, care to share? With the full understanding YANAL.
    - antiframe 5mo ago
      I don't have the card in front of me, but my lawyer has something like this on the back of her business card: Dear officer, I will not be answering any questions today. If I am under arrest I wish to consult with my attorney. If I am not under arrest I wish to leave as soon as possible. I have already provided my license, registration and insurance. Of note, in my state implied consent applies after the arrest. I believe this limits the information the officer gets for free before making the judgement for your arrest. It's easier in her book to defend a case where they have to show probable cause for the arrest without that free information. I have never driven under the influence, I used her for a "I don't know how fast you were going but it was fast so here's a reckless driving ticket" before and this was the card she gave me. I wonder if this approach lets her use fruit of the poisoned tree approach to dismiss cases where the cause for the arrest was flimsy gets any evidence afterwards inadmissible. Again, I only watched her work one case. The judged called the case, she asked to confer with the prosecutor, then the prosecutor dropped all charges. Took five minutes. Note, I am not a lawyer and I am recollecting information from 20 years ago. Things may have changed. Consult your lawyer, not YouTube.
wang_li 5mo ago
There are other forms of intoxication beyond alcohol. A device that measures your blood alcohol percentage does nothing for the driver who is half asleep from valium. A field sobriety test is more of an indicator of whether you are capable of operating a vehicle safely than of having a high alcohol intake recently. If you can't perform simple tasks, you probably shouldn't be operating a vehicle regardless of the cause.
tempaccount5050 5mo ago
The I stands for impaired. There a zillion other things that can impair your driving.

by k4rli 5mo ago

mothballed 5mo ago

The portable breathalyzer is inadmissable in court in my and most states. The Simon Says game is though (but it can be refused without penalty, hypothetically).

GJim 5mo ago
The portable one is used as an indicator. A positive result will get you arrested and taken to the station, where they have the (non-portable) court admissible calibrated kit.
crote 5mo ago
Why would a certified calibrated breathalizer test be inadmissible in court? How is it any different from catching speeders with a laser gun, or doing a DNA test? And if giving every cop a calibrated breathalizer is too expensive: give them a reasonably-accurate one for in the field, then take everyone who fails it to the station for a retest on an expensive calibrated one.
- Atotalnoob 5mo ago
  That’s what they do. The field one is inadmissible, but justifies arresting and transporting to the admissible one at the station
gnopgnip 5mo ago
This is changing. Most states have “permanent” properly calibrated breathalyzer at every dui checkpoint now. And in an increasing number of regular vehicles

loloquwowndueo 5mo ago

As others have said the intent is not to document sobriety but to have a subjective reason for an arrest which looks good in the scorecard. Look for “if cops say I smell Alcohol, say these words” on YouTube, gives you tips on how to respond if asked about alcohol use or doing a sobriety test.

antiframe 5mo ago
I rather use a lawyer for legal advice than YouTube. There is a lot of sovereign citizen "you don't need a license to drive" "legal advice" on YouTube too.
- loloquwowndueo 5mo ago
  Oh for sure. Have you asked your lawyer what to say if they pull you over and falsely claim to smell alcohol / drugs or want you to take a bogus sobriety test? If so, care to share? With the full understanding YANAL.
  - antiframe 5mo ago
    I don't have the card in front of me, but my lawyer has something like this on the back of her business card: Dear officer, I will not be answering any questions today. If I am under arrest I wish to consult with my attorney. If I am not under arrest I wish to leave as soon as possible. I have already provided my license, registration and insurance. Of note, in my state implied consent applies after the arrest. I believe this limits the information the officer gets for free before making the judgement for your arrest. It's easier in her book to defend a case where they have to show probable cause for the arrest without that free information. I have never driven under the influence, I used her for a "I don't know how fast you were going but it was fast so here's a reckless driving ticket" before and this was the card she gave me. I wonder if this approach lets her use fruit of the poisoned tree approach to dismiss cases where the cause for the arrest was flimsy gets any evidence afterwards inadmissible. Again, I only watched her work one case. The judged called the case, she asked to confer with the prosecutor, then the prosecutor dropped all charges. Took five minutes. Note, I am not a lawyer and I am recollecting information from 20 years ago. Things may have changed. Consult your lawyer, not YouTube.

wang_li 5mo ago

There are other forms of intoxication beyond alcohol. A device that measures your blood alcohol percentage does nothing for the driver who is half asleep from valium. A field sobriety test is more of an indicator of whether you are capable of operating a vehicle safely than of having a high alcohol intake recently. If you can't perform simple tasks, you probably shouldn't be operating a vehicle regardless of the cause.

tempaccount5050 5mo ago

The I stands for impaired. There a zillion other things that can impair your driving.