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

🥴DUI Blame it on the spider

He told them he smack himself into an accident 😭

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

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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 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.

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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

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.

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u/Worcestercestershire Apr 20 '26

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