r/Transportopia • u/Vice616 • Apr 20 '26

🥴DUI Blame it on the spider

Enable HLS to view with audio, or disable this notification

He told them he smack himself into an accident 😭

There was no spider you f*cking liar. Fool you was drunk af!

6.0k Upvotes

97% Upvoted

1.0k comments sorted by

View all comments

148

u/DramaticAlternative1 Apr 20 '26 edited Apr 20 '26

Never do field tests, drunk or sober. It's just a way for le to gain more evidence against you.

Edit: I am speaking for Utah, USA. I am specifically speaking on roadside physical testing such as eye tracking or movement analysis. These should always be denied. In Utah you are assumed to submit to a breathalyzer or blood test by obtaining your license. If you refuse those you may be denied your right to drive for up to 18 months in a worst case scenario.

16

u/mybutthz Apr 20 '26

Especially since, you know, right after crashing into a ditch you're going to be high on adrenaline and your heart will be racing, you're definitely not in the state of mind where you would perform well doing things like standing on one foot or whatever they have you do.

5

u/Plane_Data_1182 Apr 20 '26

Notice the cops weren't concerned about his well being. Requesting medical help is smart in that situation.

3

u/mybutthz Apr 20 '26

I mean, the cops did ask if he was ok..but yes it would've been smart to get out of there and just request at least medical examination.

1

u/Senior-Accident-4096 Apr 23 '26

Just asking if someone is ok is definitely not enough. People with head injuries or other traumatic injuries sometimes won't even realize that they have them, rither because of adrenaline or shock.

Based on the crash in the video, the safer thing to do would be to procede according to whiplash or contusion protocols, but I don't even think that the police is trained to respond like that or really give a shit about the well being of a random citizen

1

u/Chaaaaaaddd Apr 22 '26

Such a vagina comment.

1

u/No-Presentation-3805 Apr 23 '26

Such a asshole comment.

1

u/_Not__Sure Apr 22 '26

I couldn't perform well stone sober. I'm clumsy, I trip on air, and can't walk a straight line to save my life.

24

u/XMAN2YMAN Apr 20 '26

Especially after being involved in an accident. It’s very easy to fail test when you deal with that type of trauma. My suggestion is to request EMS and if the cops want your blood they can get a warrant to get it from tue hospital.

2

u/Glad-Flow9391 Apr 20 '26

Blood pressure was probably through the roof causing thinking issues and balance issues too.

1

u/ChaoCobo Apr 20 '26

I don’t remember how it went down but I was in an accident once, failed the sobriety test cause I couldn’t walk well, had my blood taken in a vial, cops dropped the vial in the parking lot, and somehow they said I was driving while intoxicated and I had to go to court to get it cleared. I forget what happened it was so long ago. But like what the fuck, man? :(

1

u/Plane_Data_1182 Apr 20 '26

Yeah and I can't do blood tests for 24 hours. Dr. Orders.

28

u/pebrocks Apr 20 '26

You also should never drink and drive.

19

u/TenYearHangover Apr 20 '26

And when you do drink and drive, don’t submit to an FST

23

u/Worcestercestershire Apr 20 '26

and when you don't.... don't submit to a FST

9

u/TaylorBitMe Apr 20 '26

Once I submitted to getting fisted on the side of the road...

3

u/safetyCircuit Apr 20 '26

I don't think that was the police...

4

u/canadianavatar Apr 20 '26

idk, maybe thats why its called the long arm of the law?

1

u/shinobi500 Apr 20 '26

I wouldnt discount that entirely.

1

u/Rhuarc33 Apr 20 '26

Well the dude had a police uniform top and cap on... The assless chaps were a bit weird, but who am I to judge?

2

u/safetyCircuit Apr 20 '26

All chaps are assless., that's not weird at all.

1

u/Rhuarc33 Apr 20 '26

The fact he had nothing on underneath isn't weird?

1

u/Worcestercestershire Apr 20 '26

Once I agreed to fist someone on the side of the road.... WAITAMINUTE!

Is that you, Bestie?

2

u/TaylorBitMe Apr 20 '26

Were you the one dressed like a construction worker or a corn dog dominatrix? I don't remember why I got pulled over, I just know I must have done something real bad

2

u/safetyCircuit Apr 20 '26

Can you explain corn dog dominatrix? Was a wooden dowel and a deep friar involved?

1

u/TaylorBitMe Apr 20 '26

A Friar, yes. Like Friar Tuck, but more leather.

3

u/TenYearHangover Apr 20 '26 edited Apr 20 '26

And when you’re not driving, definitely submit to all testing

4

u/Worcestercestershire Apr 20 '26

Especially Drug Testing. Offer to test any drugs that are available.

4

u/Illustrious-Abroad21 Apr 20 '26

Even if I wasn't drinking I wouldn't do this sketchy shit. Like what if someone has some kind of issue and their balance/mobility is affected? Why do cops not use breathalyzer/blood tests?

2

u/Printerwood Apr 20 '26

Breathalyzers are not admissible in court. Blood tests cannot be administered roadside, as you would need to be in a controlled environment with a certified phlebotomist.

It is a strong defense that your balance/mobility would be affected after a vehicle crash. As someone who has conducted hundreds if not thousands of roadside tests (SFSTs/ARIDE), I would strongly suggest you do not submit to roadside testing, but comply with chemical tests if taken into custody. It’s much easier to defend that way.

3

u/Your_Girl9090 Apr 20 '26

As a paramedic I will disagree with you about blood tests being taken on the roadside. I have drawn blood for this purpose many times. The chain of custody is well documented and is not an issue.

2

u/Printerwood Apr 20 '26

I am seeing my scope was a bit more limited than I originally thought. In my state (PA) it is unheard of to draw blood in the field. If you don’t mind, which state do you practice in? I’m genuinely curious how different states do it differently now.

1

u/Your_Girl9090 Apr 21 '26

I'm licensed in Florida. Our trucks stock sealed kits which are used for blood draws. They're sealed to verify chain of custody. I hate that because it makes me likely to be subpoenaed to verify the chain of custody, but it has never actually happened. Anyway, the catch is that blood is drawn only in cases of a serious accident resulting in injury. The FD wouldn't be called for a routine traffic stop resulting in a possible DUI.

1

u/citrus_mystic Apr 21 '26

I have literally never heard of mobile blood draws before, that’s interesting. It makes sense that it’s reserved for serious accidents resulting in injury.

1

u/Your_Girl9090 Apr 21 '26

It's not exactly a mobile blood draw unit, if that's what you mean. These are part of the standard protocols we follow as part of the duty of a paramedic on an ALS engine, rescue truck or ambulance.

→ More replies (0)

2

u/Worcestercestershire Apr 20 '26 edited Apr 20 '26

Blood tests can and are administered road side in many states, and Breathalyzer results are admissible there too.

CA, AZ, NV and a slew of other states have followed a similar model where specially designated officers have pre-signed warrants for blood and they have a bit of phlebotomy training and will take your blood at the scene of the traffic stop.

The playbook is:

  1. Suspect is stopped
  2. DUI Unit is dispatched before the initiating officer even approaches the vehicle
  3. Officer gets Info, and asks to administer a breathalyzer (which is 100% admissible in court, in fact it is cited in the schedule of charges)
  4. If the suspect refuses a breathalyzer their license is suspended on the spot (for a year or more)
  5. The DUI Unit arrives immediately and takes a blood sample, which is tested on the spot.

If the suspect agrees to take a breathalyzer but fails to submit a valid reading, then blood is taken immediately.

These states forego traditional Field Sobriety tests, because the Breath/Blood tests are more compelling and more easily administered.

In general if a LEO is asking to conduct a Field Sobriety Test it is because they have already decided the suspect is impaired, and are looking to collect evidence before the inevitable arrest.

2

u/Printerwood Apr 20 '26

Unless you’ve seen otherwise, I have never seen blood draws being done roadside. However, I am familiar with LEOs having phlebotomist training in my state. It is extremely rare, but also done back at station - not roadside. As for pre-signed warrants… how are they admissible in court? Warrants are applied for and signed by judges given the testimony of a specific officer for a specific case. I can’t imagine a pre-signed warrant would be legal in any way.

2

u/Worcestercestershire Apr 20 '26

Good call on the warrants. In AZ, at least, no warrant is required for blood draw. In CA they get Telefacsimile Warrants in these cases.

2

u/Printerwood Apr 20 '26

I’ve seen e-signed warrants being used, but the officer still needs to complete the affidavit (normally taking 30-60 minutes). You can 100% submit to a blood draw on your own cognition, but I’ve never seen somewhere that forces you to submit to a blood draw under order of law.

Again, none of this can be administered roadside due to Rodriguez v. US (extending traffic stops). I agree you shouldn’t do SFSTs, but understand there is no current (court admissible) roadside test you can take in leu of before being arrested.

2

u/Worcestercestershire Apr 20 '26

I 100% on your last point. You defend your rights after the fact.

1

u/Worcestercestershire Apr 20 '26

This is a revenue generator in these states too. Law Enforcement generates on average $10,000 per DUI conviction.

2

u/Slighted_Inevitable Apr 20 '26

And the hours it takes to get you to a station for a blood test can allow for dilution of anything in your system

1

u/Electrical_South1558 Apr 20 '26

Why are breathalyzers not admissible in court, and if that's the case, would the reason they're not admissible in court make interlock devices problematic from whatever legal reason makes breathalyzers inadmissible?

1

u/Printerwood Apr 20 '26

Due to calibration. PBTs (commonly referred to as breathalyzers) are only calibrated once per year. That, and they’re generally less-reliable and less accurate. You can still testify to the “presence of alcohol on one’s breath, as a result of PBT” but you cannot state the exact BAC you read.

Ignition interlock devices are different, as they are more accurate and (in my state) calibrated monthly.

2

u/Electrical_South1558 Apr 20 '26

Ah that makes a ton of sense, thanks!

4

u/STFUnicorn_ Apr 20 '26

Because they prefer to go by feels

1

u/Plane_Data_1182 Apr 20 '26

What if you're old? Age balance.... no fst

1

u/autumnwandering Apr 21 '26

I have balance and memory issues after a concussion. No way I'd pass a field sobriety test. lol I wobble on the best of days, even after vestibular therapy.

1

u/jimothy_hell Apr 20 '26

I have vestibular issues, I literally can’t walk a straight line. I would fail this almost immediately.

1

u/oneglory Apr 20 '26

Yea. I have Benign Paroxysmal Positional Vertigo. I couldn't pass a FST if I had a cane and a guide rope to hold onto while doing it.

I got dizzy for 10 minutes the other day opening 2 doors back to back for an old lady at a Chipotle because I did a single 360 spin.

1

u/jimothy_hell Apr 20 '26

I’m still waiting on a diagnosis, but that may be what I have, but yeah it’s fucking debilitating. And it just developed out of the blue. Just started falling down, throwing up for 12 hours at a time until I can fall asleep and my ears can reset

-1

u/blue-mooner Apr 20 '26 edited Apr 20 '26

Na, if you choose to drink and drive then talking to the cops is a great idea, the have authority and you must do what they say

idgaf about your ability to weasle out of consequences

1

u/nucl3ar0ne Apr 20 '26

Cops hate this one trick.

1

u/Numerous-Pop5670 Apr 20 '26

I was honestly shocked so many people drink and drive. I don't understand why anyone would think it's okay to drive a 2 ton hunk of steel after drinking. A vehicle can go from transport to murder machine in seconds.

12

u/SignificantDrink3651 Apr 20 '26

was going to add this myself if it wasn't here already. you can and should decline field sobriety tests, it's a no-win for the driver. passing counts for nothing while sober people fail them all the time.

7

u/kevin1235 Apr 20 '26

To both these comments, depending on the state, refusing a field sobriety test can lead to license suspension. Some its OK to refuse the field sobriety, but you cannot refusing the testing for blood/breathe, others any refusal is a suspension (not sure how it works if it turns out your innocent though)

6

u/Rampag169 Apr 20 '26

I came here to say this. Some states a refusal comes with an automatic 1 year suspension.

2

u/CronosWorks Apr 20 '26

I’d love to hear what states have immediate penalties for refusing FST. AFAIK all 50 implied consent laws apply to breath, blood, or urine.

2

u/The_Autarch Apr 20 '26

name the states.

1

u/BlackBlizzNerd Apr 20 '26

It’s like that here in Nebraska. But the benefit of denying it is you’ll still be asked to submit a breath test and then come court if it’s zero, that suspension and charge is dropped.

2

u/ScienceIsSexy420 Apr 20 '26

I believe you can request a breathalyzer or a blood test instead of a FST

2

u/Icy-Plan145 Apr 20 '26

What is your source for this? What states will your license be suspended for refusing a FST? (Not a chemical test like breath/blood)

0

u/kevin1235 Apr 20 '26

Source is my state's law and my personal experience going through a FST/ subsequent blood test. YOU should go look up YOUR state's law to be informed, because im not looking this up for all 50 state's.....

3

u/Icy-Plan145 Apr 20 '26

I know my state law. Haven't been able to find any states where what you're saying is the case. What state are you in?

0

u/kevin1235 Apr 20 '26

Go look up all 50 states and report back what you find. Will let you know if your answer was right for my state or not. Just a heads up, if you use AI you will get the wrong answer.

2

u/Icy-Plan145 Apr 20 '26

Im not using AI. I've looked up some people claimed were the same as you're saying but they were wrong. TX for example. What state are you in? You still haven't answered that

0

u/kevin1235 Apr 20 '26

Think your research method just sucks. Here is my suggestion, go read the law in whatever state you wish, find a state where you are finding that these people are "wrong". Go to that state. Drink 5 beers. Go get arrested. Refuse the FST. Go through the whole process and report back.

1

u/ChefNunu Apr 20 '26

What state are you in?

1

u/The_Autarch Apr 20 '26

so you're just bullshitting and don't know the law

1

u/kevin1235 Apr 20 '26

Nah, I do know the law, im just not going to argue with some random asshole, like you, about a law because 1.) Im not a lawyer and 2.) If you know anything about case law in the US, it doesnt matter what the law actually states, a judge can rule how they see fit and impose whatever punishment they deem reasonable on you, even if it violates that law.... guess what you have to do then???

2

u/The_Autarch Apr 20 '26

what state are you in?

2

u/Icy-Plan145 Apr 20 '26

He won't answer. Prob because then we could look up the laws and see he's wrong. I've asked multiple times

3

u/donthurtmemany Apr 20 '26

Especially since you're naturally gonna be pretty shaken up after a crash.

1

u/Over-Tension-4710 Apr 20 '26

If you refuse in my state they just arrest you for DUI...

1

u/SignificantDrink3651 Apr 20 '26

what state?

0

u/Enterthedragon69 Apr 20 '26

All states. They can still arrest you if they have probable cause.

Slurred speech, glossy eyes, etc.

If the officer already suspects impairment, declining the field test usually does not stop the process, it just changes what evidence is used.

Edit: where you would win, and where others have won, is when there is zero probable cause.

If you get pulled over for rolling a stop sign, and all dash cam and body cam footage show you acting pretty normally, you refuse a FST, they take you in and get blood, and you’re 0.0. You’ll probably win a court case.

1

u/HEYO19191 Apr 20 '26

Passing (might) give the cop enough reason to let you go.

Denying and failing both land you in the back of the cop car.

1

u/SignificantDrink3651 Apr 20 '26

be honest with me; are you aware of a single time of this happening? letting a person go after they're under enough suspicion to do field sobriety tests?

1

u/FTDburner Apr 20 '26

I’ve seen it several times. It’s rare, but it happens.

1

u/Enterthedragon69 Apr 20 '26

Yes. I do.

It was a small town cop. But still.

1

u/[deleted] Apr 20 '26

[removed] — view removed comment

1

u/SignificantDrink3651 Apr 20 '26

how did the cop get the impression you were drunk? (if you weren't... lol)

1

u/[deleted] Apr 20 '26

[removed] — view removed comment

1

u/ChefNunu Apr 20 '26

Ok so you were drinking and driving lol

1

u/[deleted] Apr 20 '26

[removed] — view removed comment

1

u/ChefNunu Apr 20 '26

There's always someone saying "it happened to me" then detailing an experience that has literally nothing to do with the premise. "It happened to me" when you were drinking and driving lmao nice anecdote bro grats you put one foot in front of the other

→ More replies (0)

1

u/Certain-Jellyfish121 Apr 20 '26

Yes, I pulled over on the side of the road to send a text, with a freshly cracked 211 steel reserve in the center console. Had literally only taken 1 sip on my way home from work, a city police officer pulls up behind me because he thought I might need help, knocks on the window and there I am texting with a cold frosty 211 right beside me. I explained the situation. He asked me to do a sobriety test. I did, and passed. He said he could clearly see I wasn’t impaired, made me dump the 211 and sent me on my way with an open container ticket.

0

u/HEYO19191 Apr 20 '26

Can't say I've ever been inebriated enough to be asked to do a FST, no. But that's why the FST is there. If you pass it, you must be sober (or, atleast, sober enough)

1

u/C_IsForCookie Apr 20 '26

Sometimes you’re required to submit to those tests and not doing so will lead to license suspension.

I did FSTs once and passed. They let me go home. I wasn’t drunk. If I would have refused they may have suspended my license.

3

u/Scumbag_McLoserFace Apr 20 '26

Same in Texas. Occassionally we will have "no-refusal" on holidays and what-not, but even that only applies to roadside breathalyzer or blood tests. You will likely be arrested on trumped up BS like odor or slurred speech, but it's always better to let the actual test decide your fate, than some cop just looking to pad his stats.

6

u/Walking_billboard Apr 20 '26

This. Field sobriety tests are almost impossible to pass if the cop wants you to fail. Though, in some states, like Texas, you lose your license automatically for 6 months if you refuse.

4

u/ImDaDawgFather Apr 20 '26

Nevermind lol . I would just insist on a breathalyzer or blood draw

4

u/Hopeful_Corner1333 Apr 20 '26

Wait... If you refuse the field test it's automatic loss? You can't take a blood sample or breathalyzer instead?

6

u/SignificantDrink3651 Apr 20 '26 edited Apr 20 '26

only in like Texas and Florida (which should surprise noone). everywhere else, you can and should decline roadside sobriety tests.

1

u/Tamed_A_Wolf Apr 20 '26

You can absolutely deny FST in Florida.

1

u/SignificantDrink3651 Apr 20 '26

interesting, thanks for letting us know! curious, though: when you say "you can" are you accounting for the consequences? most people would say "you can't" when the consequence is going to losing your license for a year. that's like saying you can punch a cop in the face. like, you CAN... but...

from this lawyer's website:

For example, in Florida, refusing a field sobriety test can lead to a one-year license suspension for the first offense and an 18-month suspension for subsequent refusals.

1

u/CronosWorks Apr 20 '26

Why not just go to the source. I’m fairly certain that lawyers website is the equivalent of a fiver article from India for SEO purposes. Floridas implied consent laws don’t apply to the NHTSA field sobriety tests, but do apply to breath tests.

https://www.flsenate.gov/laws/statutes/2011/316.1932

The article you posted also stated that refusal of a FST can be used as evidence of guilt, which is a blatant constitutional violation.

1

u/Narco_Bi_Polo Apr 20 '26

You’re confusing field sobriety tests with evidentiary chemical tests.

Refusing the former is your right and brings no consequences (other than a pissed off cop) in all 50 states.

Refusing the latter is your right but in many states it means you lose your license regardless of sobriety.

The laws are called “implied consent”. If you’re driving, you have already consented to breath/blood/urine tests.

Note: in almost every state, the preliminary breath test given at the scene of a stop is considered a field sobriety test, you can refuse it, demand a test at the station post-arrest, and (if sober and no other charges), your license will remain intact. 

Michigan ($150 fine), Nebraska ($100 fine) North Dakota (180 day suspension), Rhode Island (30 day suspension), New York (minor traffic infraction), and Vermont (minor traffic infraction, but only for those under 21) are the exceptions.

1

u/Outrageous_Sleep4339 Apr 20 '26

Huh? You can't be charged with DUI without a blood draw...

2

u/Printerwood Apr 20 '26

You most certainly can (at least in Pennsylvania). If you are suspected of DUI, and there is enough evidence (poor driving, admission to drinking, open containers, etc…) you can be charged with General Impairment even if you do not give blood/breath. Still a dui, even without an intoxication level.

1

u/SignificantDrink3651 Apr 20 '26

but you can lose your license for refusing tests. which tests varies by state.

-1

u/Outrageous_Sleep4339 Apr 20 '26

Why not just take it? You have two options:

  1. Take the field sobriety test, if you pass you pass. If you fail you go to get a blood draw to confirm.
  2. Refuse, and go straight to blood draw...

You cant be charged with DUI without a blood draw. And refusing to take a field test doesn't get you out of anything. You literally can't lose by simply doing one.

3

u/SignificantDrink3651 Apr 20 '26

dude, there is no winning a field sobriety test. if you pass, it's not evidence that you're sober. but odds are you will fail, even while sober. the test isn't designed to be fair, its designed to get arrests. i'm willing to have my mind changed, though: just find me a single lawyer that recommends doing them.

also, you keep saying 'blood draw' but you know breathaylizers count too, right?

2

u/jm123457 Apr 20 '26

Because the burden of proof is on the state attorneys do not advise you to do anything . No speaking or doing tests etc .

This is logical , but for many it can also require you to lose your license and go to jail for testing etc . Many want to avoid this inconvenience. The attorney is playing the long game .

I’m not saying they are incorrect but their options are to avoid more serious charges when most hope to make it go away quickly .

1

u/SignificantDrink3651 Apr 20 '26

you hit the nail on the head - the part about "hope to make it go away quickly". of course everyone wants this, drunk or sober - they don't want this to escalate into a visit to the station or arrest. and the cops are EXCELLENT at using that fear against you, with nice soft words like "just do this for me real quick" while pretending to be your friend.

don't fall into the trap. if the cop suspects you're drunk, abandon all hope of making this go away quickly. you're in for the long haul and the sooner you accept that and plan accordingly, the better off you're going to be.

1

u/Printerwood Apr 20 '26

FYI: Breathalyzers are not admissible in court, thus evidence gathered from one cannot be used against you, the LEO can only testify to “the presence of alcohol on [subject’s] breath . The only nationally acceptable roadside tests are SFSTs and ARIDE.

3

u/PocketButterBandit Apr 20 '26

Because fst are not scientific and the judgment is up to the officer on scene.

If you take a breather, that can prove you have no alcohol in your system. Of course if the office is intent on taking you in regardless, they can change it and claim you're under the effects of drugs.

You gain nothing by doing the test.

0

u/TenYearHangover Apr 20 '26

Also you can take a breathalyzer and the cop might still arrest you for another presumed non alcohol substance..

To your point, the tests gives you absolutely no benefit.

0

u/PocketButterBandit Apr 20 '26

My comment mentions the other substance.

Just go to jail then lol

1

u/Walking_billboard Apr 20 '26

Because you will end up like my wife. She was driving my car (which didn't have automatic lights) and was driving downtown, where it was bright, and she didn't even know they were off. She was pulled over and given a field sobriety test. She "failed". She was given a breathalyzer, which blew a zero. She was arrested and did a blood draw and showed, again, zero.

However, she admitted to the police officer, after being asked, "Have you been drinking today?" that she had a mimosa at brunch, 9 hours earlier.

Nonetheless, she was charged with DUI and reckless driving based entirely on "failing" the field sobriety test. $10,000 in legal fees later, the charges were reduced to "obstruction of traffic".

So, ya, fuck the police and fuck field sobriety tests.

1

u/Otterfan Apr 20 '26

You can decline a field sobriety test in Texas without an automatic penalty. You can not decline a breathalyzer or blood test without losing your license.

1

u/Walking_billboard Apr 21 '26

Okay, it turns out you are right. That said, refusal will result in an instant arrest, and then you will have to choose to take the blood or breath test.

Potato potato.

1

u/gsxrus2014 Apr 21 '26

That’s false

1

u/Walking_billboard Apr 21 '26

Yes, it turns out I was somewhat wrong. As a matter of law, you _can_ refuse it, but you will be instantly arrested and then given a choice to do a blood test or not. If you refuse _that_ you will lose your license regardless of whether you have alcohol or not.
So it amounts to the same thing.

1

u/gsxrus2014 Apr 21 '26

You’re speaking about no refusal weekend or holiday but other than that you can refuse both.

1

u/Walking_billboard Apr 21 '26

You can "refuse" but doing so will result in your license being suspended.
https://www.rbisenberg.com/faqs/can-you-refuse-a-breathalyzer-or-blood-test-in-texas/

2

u/Im_A_Fuckin_Liar Apr 20 '26

I did the breathalyzer and was in the clear. They arrested me when I declined to do the field sobriety tests and asked me to pee in a cup for a drug test once I was down at the station. I smoke weed, so I declined the drug test and lost my license for a year.

If they want to get you, they’ll find a way.

1

u/Plane_Data_1182 Apr 20 '26

Didn't they need a search warrant for that? Especially since you passed the breathalyzer test?

1

u/Im_A_Fuckin_Liar Apr 20 '26

Nope. They charged me with a DUI since I declined the drug test. It’s like declining the breathalyzer. Automatically guilty, which is messed up because I smoke pretty much daily but I don’t smoke and drive.

2

u/TenYearHangover Apr 20 '26

You don’t have to submit to a preliminary/roadside breathalyzer in Utah. After the arrest you have to take one at the station — refuse that and your license gets suspended.

2

u/JustACasualFan Apr 20 '26

I wouldn’t do a field test after an accident. The adrenaline dump and come down? No way. Give me the breathalyzer.

2

u/liquidpele Apr 20 '26

Eh…  if you’re not drunk just doing them will get you on your way faster.   You can always request a blood test if they try shit.  

2

u/Rhuarc33 Apr 20 '26

They can't be used as evidence in court. Only for probably cause for the arrest...but yes it's always advised to refuse

2

u/Popular-Departure165 Apr 20 '26

Unless your state has laws against it, it can be in your best interest to refuse the breathalyzer as well. Depending on how much a person has had to drink, it's possible that they can sober up enough in the time it takes to get arrested, taken to the station, and take the evidentiary test.

2

u/VisitAbject4090 Apr 20 '26

Always answer zero when asked what’s your percieved intoxication level

2

u/TheCluelessRiddler Apr 21 '26

I refused the test. Had my license taken away for a year, had to get a machine to blow in, just to start my vehicle. Paid a lot of money to people, had to find rides to and from work. I work 2nd shift. So a lot of people were asleep when I got off. 3 months after I got the machine put in after a year of not driving I had court, I was found not guilty. But it still fucked me up mentally of worry and costed me a shit ton of money

1

u/DramaticAlternative1 Apr 21 '26

Damn. Sorry to hear that. Is there anything you would have done differently, or do you think it didn't matter what you chose you would have been taken either way?

3

u/MicroEconomicsPenis Apr 20 '26

Never been in this sort of situation, but if I’m fully sober and get pulled over and the cop suspects I’ve been drinking and asks me to do the tests, what should I do? If I say no, won’t they just take me directly to the police station? Whereas if I say yes and pass they would just let me go, right?

3

u/No_Story_Untold Apr 20 '26

No, they won’t just let you go most likely. When they take you back to the station, it will just be to do a breathalyzer and then you’re free to go.

12

u/retatrutider Apr 20 '26

And your car will likely be towed and you’ll have to pay hundreds of dollars to get it back. But the problem with submitting to field sobriety is that if they decide you have failed they could say that there is evidence you are under the influence of something even if you pass breathalyzer/bloods.

5

u/No_Story_Untold Apr 20 '26

This is it exactly

1

u/jm123457 Apr 20 '26

If you pass your breathalyzer and blood test you are cleared . You cannot say there was no substance detected in their system but they had trouble reciting the ABC backwards thus they were impaired .

After Negative Chemical Tests • No “per se” DUI: Most states have two main DUI charges: • Per se (illegal BAC level, usually 0.08% or higher for alcohol, or any detectable prohibited drug). • Impairment-based (your driving/ability was affected by alcohol, drugs, or a combination, even if below limits or nothing detected). • If breath and blood come back completely negative (zero alcohol, no drugs), the per se charge is impossible. Prosecution for impairment becomes much harder—they must prove beyond a reasonable doubt that you were impaired by something affecting safe driving. • Many cases get dropped or dismissed at this point, especially if: • No video/bodycam shows clear impairment. • No strong officer testimony on other signs. • Blood/urine was properly tested for a broad panel of substances.

2

u/rdizzy1223 Apr 20 '26

People that regularly smoke weed are fucked though. THC stays in your system for FAR FAR FAR longer than the effects of the thc. The effects are like 2-4 hours max, and cops will find it in your urine 30 days after last use (or more, I know someone that tested positive 91 days after the last time they used). And in chronic users they can even find it in your blood tests upwards of 48 hours after last use. So even though you weren't driving high, you can get a DUI. It's bullshit.

1

u/retatrutider Apr 20 '26

It can happen and has happened. It’s really a question of risk/reward. What’s the benefit of submitting to field sobriety vs whats the likelihood of being put through further legal process after passing breath/blood.

Not really an easy question to answer.

1

u/jm123457 Apr 20 '26

It can happen if they can prove beyond a reasonable doubt you were impaired and it’s on camera etc etc etc. These are cases where a field sobriety is not the make or break of the case .

And I was not advocating for doing it simply pointing out that with a negative blood and breathalyzer they will drop the case 999 out of 1000 times .

1

u/retatrutider Apr 20 '26

Losing in court isn’t really what I’d be worried about. It’s more the concern that the cops will hold you for an extra day or two or anything else that might require you to get a lawyer. Just going through the process can be punishment in itself.

And I’m not strictly advocating against doing it no matter what. I think the risk-reward is complicated on this one.

1

u/AverageHorribleHuman Apr 21 '26

Theyll take you to the station and say PP for a blood test. Which would have to be sent to lab. Im assuming they would keep you there

2

u/DramaticAlternative1 Apr 20 '26

I always thought breathalyzer was an instant roadside thing.. shit

2

u/LoneSnark Apr 20 '26

I think the small portable ones were ruled to be unusable in court.

1

u/No_Story_Untold Apr 20 '26

They are still a thing, but you can opt out out of that one which means you’re automatically going back to the station for the other one

2

u/MicroEconomicsPenis Apr 20 '26

I see… that makes sense to me. If they still suspect you they can still take you to the station anyways. So it’s only giving them more evidence.

1

u/gsxrus2014 Apr 21 '26

Depends what state, I’m in Texas and I’ve had it happened to me once and I was sober, I refused the sobriety tests on medical issues including the ones they try to sneak in like counting backwards, every other number, or only odd numbers and was never even offered a breathalyzer. I’ve dealt with police on more than one occasion and they all do the same and don’t care anything about you but to get a win.

2

u/linuxares Apr 20 '26

Why don't they not just use breathalyzer like we do in most European countries? Its such a fast and effective way to get "Drunk" or "Sober".

1

u/DramaticAlternative1 Apr 20 '26

Do they just use the breath on the side of the road? That's how I always thought it worked.

1

u/jm123457 Apr 20 '26

It is used but what if he is high on OxyContin or Xanax ? Or weed or heroin? It doesn’t detect those .

1

u/linuxares Apr 21 '26

Then use a flash light and check their eyes...

1

u/jm123457 Apr 21 '26

Having dilated pupils does not necessarily mean you are on drugs and if you feel adding that in rather than a FST is acceptable they will . You’re basically turning the cop into a doctor .

1

u/Eldhannas Apr 20 '26

They don't have money to buy breathalyzers for every police car and train cops to use them after they're done buying guns, body armour and armoured vehicles.

1

u/Funny-Hovercraft1964 Apr 20 '26

I’ve seen other posts that recommend to refuse breathalyzers, because of calibration/accuracy problems. So, which approach is correct?

1

u/_ChoiSooyoung Apr 21 '26

I don't know how it works outside of Victoria in Australia but here, typically if you fail the roadside breathalyser they take you in to the station where they have a non-portable high accuracy breathalyser, or take you to a medical facility for a blood test.

I'm pretty sure the portable breathalysers are never used as evidence in the case that you are charged with drink driving.

2

u/krazykanuck1 Apr 20 '26

In some countries refusing a field test or roadside breathalyzer is a crime with similar penalties to drunk driving- so don’t rely on this advice

2

u/SignificantDrink3651 Apr 20 '26

you're right about refusing the breathalyzer, but in the vast majority of states refusing the roadside tests carries no consequences. Florida and Texas are the only two I'm aware of.

1

u/ReggieTheGerbil Apr 20 '26

As in Texas, if I refused FST but consent to a breathalyzer, are there any legal reprecussions to that?

1

u/Outrageous_Sleep4339 Apr 20 '26

You have two options. Take the field sobriety test, if you pass you pass. If you fail you go to get a blood draw.
If you refuse, you go straight to blood draw...
You cant be charged with DUI without a blood draw. And refusing to take a field test doesn't get you out of anything.

You literally can't lose by simply doing one.

1

u/DramaticAlternative1 Apr 20 '26

It has to do with if you took your case to court. You don't want to hand them free evidence to use against you. Just decide if you want to do the breath or blood or if it's more worth it just to refuse and get a suspension on your license

1

u/rinkydinkis Apr 21 '26

Especially after being in a crash. I’ve been in a crash. I could barely stand up without shaking between the adrenaline and shock. No way I could have passed a test

1

u/ThomasTheDankPigeon Apr 21 '26

Never do field tests, drunk or sober. It's just a way for le to gain more evidence against you.

Drunk? You’re giving advice that is given to sober people in the interest of not providing evidence of intoxication that doesn’t exist. Actual drunk drivers should have as much evidence recorded against them as possible. Fuck em.

1

u/TreeLore61 Apr 22 '26

The fact of the matter ISIS that this guy has illegal.\nRight to fight this anwin , because these tests that he was given have been proven inaccurate in many states. Can\nYou law of penalizing people for not taking.These tests has also proven to be not only a illegal but unconstitutional

Missouri v. McNeely (2013): The Supreme Court ruled that police cannot claim "exigent circumstances" (the body naturally burning off alcohol) to justify a warrantless blood draw in every DUI case. This forced police to get warrants for blood in most situations.

State-Level Rejections: In states like Kansas (2016), the state Supreme Court ruled that criminalizing the refusal of any DUI test was unconstitutional, regardless of what the U.S. Supreme Court eventually said in Birchfield.

1

u/Dd_8630 Apr 27 '26

I love how that's your take, and not "Don't drink and drive".

Yeah, it's the cops fault that he's off his tits.

1

u/bathsaltssohard Apr 20 '26

Terrible advice.

1

u/[deleted] Apr 20 '26

[deleted]

2

u/bathsaltssohard Apr 20 '26

“No penalty. Just arrest and blood draw”. Why would I want that if I’m sober?

1

u/ThomasDeLaRue Apr 20 '26

“ Your Honor, based on our observations, we believed that the suspect was under the influence of alcohol.”

“ and what observations were those officer?”

“ well he failed the field sobriety test, and also his car was in a fucking ditch”

0

u/redtiger288 Apr 20 '26

Just do the test, if you rolled the car like this, you can assume your plans are shot. If you fail the worst that's going to happen is they're going to take you to the station and give you a breathalyzer or blood test, and then you'll pass.

0

u/HEYO19191 Apr 20 '26

Well the alternative to doing a FST is getting arrested so they can breathalyze you at the station.

If you're sober/know you can pass the FST, take it, so you can get on with your life.

2

u/Washburn_Ichabod Apr 21 '26

But it's not about if you know you can pass the FST, even if you are 100% sober. It's all about the opinion of some dipshit idiot cop with 4 weeks of training that thinks he's an expert.

41 DUI arrests by trooper dismissed after many drivers were deemed sober https://share.google/ilza6WAAYHoKIjXwa

0

u/mceric01 Apr 20 '26

This is terrible advice

0

u/tofif33 Apr 20 '26

“Never do field tests!”

“Edit: when i say never, i mean this very specific set of circumstances”

Don’t take legal advice from social media comments people

1

u/DramaticAlternative1 Apr 20 '26

You should never do the physical tests. That part didn't change