this post was submitted on 01 Nov 2024
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[–] gedaliyah 82 points 1 month ago (3 children)

Field sobriety tests are about as accurate as Tarot readings.

In most jurisdictions, the police can arrest you for refusing. Some experts say that if you're sober, it's better to refuse and be arrested, and then find it in court.

[–] foggy 26 points 1 month ago

It's 100% what to do.

Let them arrest you on suspicion. The cost of the lawyer will be less than the DUI fines and lost income due to all of it.

"No thank you, officer. If that means I am under arrest then I am under arrest and would like to invoke my 5th amendment right at this time. I will not be answering any further questions this evening."

🤐

[–] [email protected] 16 points 1 month ago (2 children)

Refusing a breathalyzer is expensive though thanks to implied consent. The ticket for that is a ton of points.

[–] gedaliyah 29 points 1 month ago

If you're sober you should absolutely agree to the breathalyzer and the blood test.

It's the field tests that are bogus.

[–] [email protected] 7 points 1 month ago (1 children)

What? You have to pay for the blood test if you refuse the breath analyzer? Everyday I learn something new about the US and everyday I'm shocked about it.

[–] [email protected] 5 points 1 month ago

Not sure if you have to pay for the blood test (it wouldn't surprise me), but part of driving on a public road is consenting to a breathalyzer test. They do need a warrant to draw your blood against your will, but they may bully the hospital into doing it anyway. Refusing to take one is a crime that in combination with any other violation can get your license suspended.

It may be worth going that route if you are marginally over the limit and a few hours would sober you up.

[–] iMastari 2 points 1 month ago* (last edited 1 month ago) (1 children)

If I refuse a field sobriety test and request s breathalyzer or blood test instead, would I still be arrested?

[–] MutilationWave 2 points 1 month ago

Yep. Defy a cop in any way and you'll likely be arrested. You might even be charged with resisting arrest.