I work at a tobacco shop. And after they said I blown through a stop sign. When asked when drinking I said no. Then he said I smelled, and I quote, “of something suspicious”. I get cops get their paycheck for tickets and such but seriously has it really gotten this bad that for a ticket they try to make it something bigger? and ignoring my rights?
“I am not discussing what I have or haven’t been eating or drinking. Am I being detained or am I free to go?” Field sobriety tests are always voluntary, but you might have to go to the station for a blood test.
If they continue to ask questions, “I am invoking my constitutional right to not answer questions. I won’t be making any other statements without a lawyer present.”
If they ask you to step out of your vehicle, you do have to comply. “I am complying and stepping out of my vehicle. I do not consent to a search of my person or property. Am I free to go or am I being detained?”
Never talk to the cops brought to you by Shut the Fuck Up Friday.
It’s shit that you have to know exactly what to say in order to take advantage of your rights.
But one thing I should mention is not just to be careful not to say what you’ve been eating or drinking. Never tell the cops anything about yourself other than what is legally required. They often ask where you’re coming from and where you’re going, for example.
They often try to trick people into consenting to a search by phrasing an order as a question, and pretending like they were just asking a question. “Would you mind opening your trunk?” The response is “I do not consent to searches.” I would also lock my door if I stepped out of my car. There are many situations where they can pretend you implied consent to search.
It may not always be so simple. In my state (Georgia) there is “implied consent” (yes, disgusting term) to breathalyzers and refusing one gets your license suspended for a year.This is after arrest actually, so it might be different.In some states if you refuse a field sobriety test before they arrest you, you could lose your driver’s license, potentially.
But once they’ve arrested you, I don’t know of any state that would require the field sobriety test. Some states would require a regular test which would be done at the station or the hospital. Field sobriety tests are not reliable, so the cops are going to want to do a proper test that is more reliable. But whether these latter tests are required depends on the situation. And it’s possible that the cops will get a court order requiring you to take one anyway, should you refuse.
In other words, field sobriety tests are designed to establish probable cause so that they can arrest you. But they aren’t designed to prove beyond a reasonable doubt that you’re DUI.
Depending on your habits, it might behoove you to opt for the station breath test. They can look at more than just alcohol in blood and pop you for weed or even legally prescribed adderall.
In most states you’re allowed to not take the roadside breath test, despite cops lying like motherfuckers about it. It’s the one at the station after you’ve been arrested that you have to take if you don’t want to automatically get your license taken for like a year, and they always do at least two different samples between that breath test, urine, and blood. Don’t do those and you’re pretty much guaranteed you lose your license and get the DUI charge as well.
That is the opposite of another comment here. I guess I’ll beleive neither and refuse both tests to play it safe
Ask a lawyer in your state sometime. You will very likely discover that you can and should refuse the roadside stuff.
Different states have different laws. I’m in Louisiana and refusing a breath test automatically triggers a license suspension
And you’ve been lied to and you’re wrong. I just read your Louisiana revised statute 32.666 and you don’t have to take a preliminary breath test (the little one the cops use on the side of the road).
Again, though. Not a lawyer. Speak to your lawyer in Louisiana and ask them. Other jurisdictions may have different laws.
Like I said, your license can be suspended. That means you can still refuse it.
But most importantly, read 32:661 if you want to be insufferable about it. We have an implied consent law.
And that implied consent law is for a breathalyzer test. Not the one they do on the side of the road. You don’t lose your license to refuse a pbt.
Edit: Also fyi. Read 32.661 with a bit higher of a reading comp level. The chem test you can’t refuse is AFTER YOUR ARREST.
Yes you do. It literally happened to my sister.
Every single dui attorney in state even states it on their site. https://attorneycarl.com/refuse-breathalyzer-louisiana/
https://trafficticketsnola.com/what-happens-if-you-refuse-a-breathalyzer-in-louisiana/
But what the fuck would you know? You already said you’re not a lawyer, you’re not from here, and aren’t going to know better from 2 minutes of googling.
Speaking for California, but you technically consent to blood draws when you get your license Cvc 23612
I don’t think it’s ever been forced though for a simple DWI, and I’d find it hard to believe a random nurse/phlebotomist would be down with a forced blood draw.
You can probably refuse everything but the other circumstances of being impaired likely won’t help ya and if it’s gone that far you’re probably going to jail anyway