6 ms·

One should never take a field sobriety test. https://www.youtube.com/watch?v=yGHFpc6uiWA https://www.youtube.com/watch?v=yGHFpc6uiWA

darreninthenet 4mo ago
In the UK it's done by breathalyser and refusing is itself an offence.
- abtinf 4mo ago
  A field sobriety test is distinct from a chemical analysis (breathalyzer or otherwise). In California, you are required to submit to chemical testing (breath, urine, or blood — I don’t recall the rules for which applies in which situations). However, you are not required to otherwise talk to or perform the absurd procedure of the field sobriety test (“you have the right to remain silent”).
- pbhjpbhj 4mo ago
  I was under the mistaken impression you could refuse and then would get a blood test, seems that was wrong/out-dated (also wrong!). The backup test at the station is also usually a breath test apparently. And it seems we have field sobriety tests but it looks like they're for drug-driving. For example, https://www.gov.uk/stopped-by-police-while-driving-your-rights/breath-tests https://www.gov.uk/stopped-by-police-while-driving-your-righ.... I took OpenAI's references as correct without checking legislation as I'm on my phone.
- matwood 4mo ago
  It's also an offense in most (all?) of the US. Even then, if someone is pulled over for DUI, at that point the officers are just collecting evidence. If someone has had anything to drink, it's in their best interest to say they want a lawyer and refuse all tests. Then there will be less evidence to argue against in court.
  - 0cf8612b2e1e 4mo ago
    I would love to be corrected, but I was under the impression if you refused any testing, your driving license will be revoked. Drivers license is a privilege, not a right.
    - rokob 4mo ago
      Depends on the state. Illinois refusal of everything is typically a 3 month suspension. But if you are guilty that is better than submitting to evidence that gets it suspended for 6 months+. If you are innocent, it is in your interest to pass the test.
    - matwood 4mo ago
      Sure, but it's typically less than a DUI conviction and doesn't show up on your record as a DUI and you can avoid insurance increases. If the police decide to have you exit the car and do the field tests, the odds are high they have already decided to arrest you. At that point, it's best to refuse all unless you have had absolutely zero drugs/alcohol. And then the question has to be why did they have you get out the car.

darreninthenet 4mo ago

In the UK it's done by breathalyser and refusing is itself an offence.

abtinf 4mo ago
A field sobriety test is distinct from a chemical analysis (breathalyzer or otherwise). In California, you are required to submit to chemical testing (breath, urine, or blood — I don’t recall the rules for which applies in which situations). However, you are not required to otherwise talk to or perform the absurd procedure of the field sobriety test (“you have the right to remain silent”).
pbhjpbhj 4mo ago
I was under the mistaken impression you could refuse and then would get a blood test, seems that was wrong/out-dated (also wrong!). The backup test at the station is also usually a breath test apparently. And it seems we have field sobriety tests but it looks like they're for drug-driving. For example, https://www.gov.uk/stopped-by-police-while-driving-your-rights/breath-tests https://www.gov.uk/stopped-by-police-while-driving-your-righ.... I took OpenAI's references as correct without checking legislation as I'm on my phone.
matwood 4mo ago
It's also an offense in most (all?) of the US. Even then, if someone is pulled over for DUI, at that point the officers are just collecting evidence. If someone has had anything to drink, it's in their best interest to say they want a lawyer and refuse all tests. Then there will be less evidence to argue against in court.
- 0cf8612b2e1e 4mo ago
  I would love to be corrected, but I was under the impression if you refused any testing, your driving license will be revoked. Drivers license is a privilege, not a right.
  - rokob 4mo ago
    Depends on the state. Illinois refusal of everything is typically a 3 month suspension. But if you are guilty that is better than submitting to evidence that gets it suspended for 6 months+. If you are innocent, it is in your interest to pass the test.
  - matwood 4mo ago
    Sure, but it's typically less than a DUI conviction and doesn't show up on your record as a DUI and you can avoid insurance increases. If the police decide to have you exit the car and do the field tests, the odds are high they have already decided to arrest you. At that point, it's best to refuse all unless you have had absolutely zero drugs/alcohol. And then the question has to be why did they have you get out the car.