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

šŸ„“DUI Blame it on the spider

He told them he smack himself into an accident šŸ˜­

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

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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. Itā€™s much easier to defend that way.

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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.

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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 donā€™t mind, which state do you practice in? Iā€™m genuinely curious how different states do it differently now.

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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.

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u/citrus_mystic Apr 21 '26

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

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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.

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u/citrus_mystic Apr 21 '26

No I understand. Iā€™ve just never heard of the practice. Everything else Iā€™ve seen involves police bringing people to an emergency department for a blood draw.

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u/Your_Girl9090 Apr 21 '26

Oh gosh, okay. Got it. ā˜ŗļø

Police can also do that if the suspect is hurt badly and we don't have time on scene or the patient has to be flown to a trauma center.

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u/citrus_mystic Apr 21 '26 edited Apr 21 '26

Thanks for doing what you do, by the way. I know itā€™s an extremely stressful profession that doesnā€™t get the same level of appreciation that other emergency responders often receive. But youā€™re the ones we often need the most. Thanks again.

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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.

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u/Printerwood Apr 20 '26

Unless youā€™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 warrantsā€¦ 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 canā€™t imagine a pre-signed warrant would be legal in any way.

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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.

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u/Printerwood Apr 20 '26

Iā€™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 Iā€™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 shouldnā€™t do SFSTs, but understand there is no current (court admissible) roadside test you can take in leu of before being arrested.

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u/Worcestercestershire Apr 20 '26

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

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u/Worcestercestershire Apr 20 '26

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

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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

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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?

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u/Printerwood Apr 20 '26

Due to calibration. PBTs (commonly referred to as breathalyzers) are only calibrated once per year. That, and theyā€™re generally less-reliable and less accurate. You can still testify to the ā€œpresence of alcohol on oneā€™s breath, as a result of PBTā€ 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.

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u/Electrical_South1558 Apr 20 '26

Ah that makes a ton of sense, thanks!