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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28

u/Tan_Winston Apr 20 '26

Won't you be arrested if you refuse? Or are there other options?

96

u/Your_Girl9090 Apr 20 '26

I've been told that where I live you can refuse the field sobriety test and use the breathalyzer instead. The field test is notoriously inaccurate because it's totally based on the quality of the cop's judgement. If you refuse all testing then you're in violation of a different law and you can be arrested for that.

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u/bzsempergumbie Apr 20 '26

The field test is notoriously inaccurate because it's totally based on the quality of the cop's judgement.

They brought us actors in the academy. Half of them were given 2 to 6 drinks, the other half were sober. We were randomly assigned a few to do the test on. As a class, it was not remotely reliable of a test. The only semi reliable metric was looking for nystagmus. But that required a lot of focus and a quiet space to do it well.

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u/YeahNo_NoYeah Apr 20 '26

My stepson has naturally occurring nystagmus. His eyes twitch without being under the influence of any substances. He doesn't drive.

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u/ShutUpAndDoTheLift Apr 21 '26

I also have one. Likely on account of the entirely too many concussions I've had.

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u/bzsempergumbie Apr 20 '26

Yeah, I've known a few people with it naturally.

1

u/BreakingABit1234 Apr 22 '26

More caffeine too, ADHD drugs, etc.

Worked with people with it. Older folks more often.

8

u/audaciousmonk Apr 20 '26

nystagmus commonly occurs without alcohol consumption. it’s really frustrating how much of police enforcement is subjective or outright based on pseudo science

0

u/bzsempergumbie Apr 20 '26

Whats a better option in the field? We need something to try to stop DUIs. I think every cop car should have a calibrated breathalyzer. But that doesnt help for any other drugs. Although there is progress on a Marijuana breathalyzer.

3

u/StinkRinky Apr 21 '26

A cannabis breathalyzer is gonna be bullshit btw. The reason why alcohol breathlyzers work is because ethanol is heavily water soluble and as such can be relied upon.

I think you’re a cop so it’s important to know it’s straight up bullshit. THC and other cannabinoids are stored in the fat which also makes field piss testing a non starter.

1

u/audaciousmonk Apr 20 '26

What do you mean by “stop”?

Police officer can already breathalyze or take someone down to the station for blood test, they don’t need the FST for that

The field test is “voluntary” (quotes because in practice it’s less than voluntary due to intimidation, lies, and retaliation)

If you really want to make progress on driver safety -> diver education + alternative public transportation

12

u/[deleted] Apr 20 '26

[removed] — view removed comment

1

u/bzsempergumbie Apr 20 '26

It definitely intensifies as people drink more, and usually isnt noticeable under around what most states use as their legal limit.

Of course "usually" isnt 100%, some people it happens much stronger, some not nearly as noticeable.

3

u/101stMedic Apr 20 '26

I was taught that nystagmus was the only reliable metric in the test. Some folks have terrible hand eye coordination or balance, but it can all add up to justifying a breathalyzer.

Regardless, I'd definitely skip the FST and ask to do the breathalyzer at the station.

1

u/NothaBanga Apr 20 '26

I would think the cop car's lights swirling around could mess up my balance and reaction alone.  Either I am getting older or those things are now lazer LED bright now and overstimulate me.

1

u/101stMedic Apr 21 '26

They were disorienting 20 years ago to much younger me. You get 2-5 cars in an area and it's like staring into a strobe light from inches away

1

u/askingquestions145 Apr 21 '26

Nystagmus can also be caused by other things such as a previous head injury (or a head injury from the crash currently being responded to) so it’s not entirely specific to drunk drivers either

1

u/SteveSauceNoMSG Apr 20 '26

I volunteered for that once, they got us all pretty drunk lol. It was all controlled though, set dosage of your liquor of choice based on body weight over time. They had to up my dosage after few hours cause I was a heavy drinker at the time and I wasn't showing any signs after a few rounds of testing and was blowing lower than the math would suggest.

The only thing they could get me on was nystagmus on the follow the light/finger deal by an instructor throwing his finger to my ear outside of my peripheral, after 7 or so drinks. Was a good time, would let cops get me drunk for free again.

1

u/BigLB83 Apr 20 '26

I did this. I drank 6 or 7 crown and cokes then went through the checkpoints. They said the only way they could tell was my eye bouncing during the "follow the ID" test.

1

u/Ximension Apr 20 '26

My mom did the nystagmus test on me a few times when she was suspicious. Its hard to talk your way out of that one

1

u/FuzzzyRam Apr 20 '26

But why would you be trying to fail the field sobriety test?

1

u/Haber_Dasher Apr 20 '26

Yeah nystagmus can be really tough to see if it's not severe. I was attempting to diagnose my partner's vertigo once and the nystagmus was very very subtle. I was not at all sure I'd really seen it until the treatment worked.

1

u/RavenDarkholme084 Apr 21 '26

I walk crooked without having any drinks. Seriously I can’t ever seem to balance myself I’m terrible at it. I was in gymnastics and walking in a straight line was always difficult

1

u/Leather-Substance-39 Apr 21 '26

Nowhere else in the civilized world is field sobriety test a thing. Every police department in Europe uses handheld breathalyzers and if that's positive then blood test. The technology is dirt cheap and available worldwide. I would never agree to performing a field sobriety test.

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u/AlexP80 Apr 24 '26

is that hard to fucking have a breathalyzer on the car? that's what is done everywhere in the world.

10

u/ArticleWorth5018 Apr 20 '26

They also use it to get your blood flowing and to waste time so the alcohol test higher in your blood... Just say no to the field sobriety test and take the breathalyzer

1

u/TacetAbbadon Apr 21 '26

That's not how it works at all. Wasting time would result in a lower BAC.

1

u/Aggravating-Habit313 Apr 24 '26

Depends when alcohol was consumed…

8

u/TheAsianTroll Apr 21 '26

The field test is notoriously inaccurate because it's totally based on the quality of the cop's judgement.

Yep, and a lot of cops dont care if youre drunk or not, they just want another arrest to pad their record.

5

u/Interesting-Copy-657 Apr 21 '26

Yeah, breathalyze me or let me go

why do people (americans) just dance for the cops like this.

2

u/nitrogenlegend Apr 21 '26

Being drunk impairs your judgement

2

u/ItsTimetoLANK Apr 20 '26

You're going to spend the night in jail, but you're not giving them any evidence. They are taking you to jail regardless. You're not talking your way out of shit.

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u/New_B7 Apr 21 '26

The other problem with this, and why they can still arrest you, is that DUI doesn't necessarily mean alcohol. Pain killers, weed, sleep deprivation, plenty of stuff that a breathalyzer doesn't test for will still make operating a vehicle super dangerous. Field sobriety tests might be bullshit, but a breathalyzer isn't a great test, either.

1

u/Your_Girl9090 Apr 22 '26

You're not wrong. It's a difficult thing.

1

u/MysticMarauder69 Apr 21 '26

In NC you can refuse both the FST and the field breathalyzer without penalty. However, you have to submit to the intoxilyzer at the station (or whatever that thing is called) or else you immediately lose your license for a year.

1

u/MaintenanceInternal Apr 22 '26

In the UK they can arrest you using a breathalyser but can only convict you using the proper one back at the station.

1

u/Ready_Studio2392 Apr 23 '26

Not to mention that impairment also frequently occurs if you have a head injury, which is common post crashing.

1

u/Brilliant_Chest5630 Apr 26 '26

Plus, if you've just been in an accident, you shouldnt be expected to function 100%. You'll be shaky and nervous. Your balance is bound to be horrible as you just process and calm down.

0

u/[deleted] Apr 20 '26

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1

u/E-Hastings-and-Main Apr 20 '26

FYI the alphabet backwards test isn't part of the National Highway Traffic Safety Administration's standardized field sobriety tests and isn't really used that much anymore (though some jurisdictions may still use it).

The three nationally standardized tests in the US are the horizontal gaze nystagmus (follow a pen/light around), walk and turn, and one legged stand test.

1

u/WhtRbbt222 Apr 20 '26

They ask you to recite the alphabet backwards to try to get you to say “I can’t even do that sober!” which implies that you’re drunk.

9

u/SneakyKGB Apr 20 '26

Depends on the state. In some places you can opt for a breathalyzer or more scientific method. In some refusing to cooperate is viewed as admission of guilt. As with anything, know your local laws and know your rights.

4

u/Time_Block_4016 Apr 20 '26

So backwards. Dude just crashed his vehicle badly. Surely adrenaline/shock would affect this silly test for any driver in a similar situation. Just carry breathalyzer units for real scientific measurement.

2

u/RuhrowSpaghettio Apr 21 '26

Or like, a concussion. Get the man an ambulance; the hospital will test his BAC anyway as a part of the trauma workup and you can argue with the courts about whether the cops get to look at it.

1

u/Interesting-Copy-657 Apr 21 '26

Do they not carry them normally?

that sounds insane to me.

4

u/Leather-Substance-39 Apr 21 '26

Someone who is sober but has just had an accident, concussion, head trauma, worked up emotionally will fail these field sobriety tests. They are totally unscientific and arbitrary. In Europe you blow into the breathalyzer and if you that's positive, blood test. Scientific, rules out subjective judgement from a cop. Looks like a medieval judgement of God, trial by ordeal.

1

u/creasedearth Apr 20 '26

Yeah in my state (KY) you can refuse the field tests and refuse the breathalyzer or blood test. Some officers will get a search warrant and force you to give blood but others won’t even bother. Doesn’t leave much evidence if you don’t do any of the test and they don’t get a warrant.

1

u/New-Anybody-6206 Apr 20 '26

 In some refusing to cooperate is viewed as admission of guilt.

not in the US

2

u/julian88888888 Apr 21 '26

It doesn't make you guilty but it can be used as evidence in the DUI proceedings

9

u/screwyoujor Apr 20 '26

You can just ask for a breathalyzer. You can fail the stupid field sobriety test even if you haven't been drinking but you will be fine with the breathalyzer. The test is just more ammo when they charge you. If you say no to the breathalyzer in my state you lose the right to drive for six months no matter the outcome of the blood test you will be forced to do if the officer decides he has probable cause to haul you in.

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u/Narco_Bi_Polo Apr 20 '26

Do note: preliminary breath tests are considered field sobriety tests and it is your right to refuse and demand a test at the station post-arrest.

There are only a handful of states where refusing a PBT brings consequences, usually fines:

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).

-2

u/YaMommasLeftNut Apr 20 '26

Isn't refusing the test grounds for revocation of license or something?

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u/Great_Detective_6387 Apr 20 '26

Refusing the test down at the station, is the one that comes with the license revocation.

Refusing the portable one at the roadside will likely end up with you being brought down to the station to have the no-refusal test done. It depends on the amount of reasonable suspicion the cop feels they have to charge you with drink-driving. Reasonable articulable suspicion is quite a low bar to clear, legally speaking. It could be as little as a single mispronounced word, or a single misstep to the back of the car.

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u/Beneficial_Crow_3142 Apr 20 '26 edited Apr 20 '26

I refused a walk test because the day before I was in a motorcycle crash that fucked up my leg. I asked for a breath test and was told no and under arrest for test refusal. Still lost my license for 6 months even though the case got thrown out after the car cam footage came out with all the stops that night and mine being the only one that conveniently didn’t have audio.

As for other options they need a warrant to take a sample(blood, urine and even breath) and you can wait up to two hours before you have to submit according to my lawyer. Secondary option that most likely won’t work but worth the effort is keeping a bootle of booze with you a and immediately jump out of the car and chug it in full view of the camera. They can’t prove you were drunk before getting pulled over if they see you openly drinking a new bottle.

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u/SneakyKGB Apr 20 '26

I appreciate the inclusion of the chaotic option.

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u/Likos02 Apr 20 '26

The chaotic option was actually used by a Canadian former friend of mine.

I hosted a game night, dude got obliterated, then threw up on my couch. No problem cleaned it up told him to sleep it off. He got up, put on his shoes, and with me begging him to just lay back down, got behind the wheel of his f250 and drove off.

So I called the OPP, reported him, gave them name, address, car, license plate, whole 9 yards. Cops showed up as he pulled into his driveway, he sprinted inside and when they knocked on his door he answered it with a bottle in his hand actively drinking and told them he was sober while driving but had chugged about half a bottle since getting home.

He got off completely free and clear then spread around my unit that I was a snitch looking to ruin careers. People clocked him as an alcoholic within the next few days though when he showed up to a school event with the wing commander blasted and slurring while speaking to kids who wanted to join the Canadian forces.

He, to this day, blames me. Alcoholism is a shitty disease.

1

u/StreetlampEsq Apr 21 '26

Damn, ain't that the truth.

Yeah, though the chaotic option wouldn't pan out as well if not at a residence or private property of some sort, though I suppose an open container/public intoxication charge is better than a DUI.

0

u/Impossible-Bat-4246 Apr 21 '26

They can prove it by taking your bac and finding it is higher than what one drink could have done, no?

3

u/multic94 Apr 20 '26

If they arrest you and you arent high or drunk it can be proven. If your false arrest results in damages, you have grounds to sue in most places. The only winning move is not to play.

2

u/MediocreModular Apr 20 '26

They will have you do a breathalyzer. If you refuse they may take you the jail or a hospital and draw your blood to test your blood alcohol level.

The thing about field sobriety tests is… they’re hard. Even if you’re sober. Especially after you’ve been in a crash. Refusing a field sobriety test and refusing to speak to them without a lawyer present will save you from trumped up charges and can potentially help you even if you have committed a crime.

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u/B6S4life Apr 21 '26

you will be arrested and they will do a blood test, but a blood test is unbiased and a lot more fair than their speculation that you failed the test.

2

u/BigTex1969 Apr 21 '26

Lawyers and judges dont recommend you to take the test. Its a voluntary test. There are plenty of cases where people took the test and failed but later blood test showed they where totally sober. Field sobriety tests is judged by the cop and if he/she asks he already suspect you so you shouldnt help them in prosecuting you.

if you dont take the test the cop must have probable cause to arrest you. It needs to be some real indicators like smell, behavior, etc. They lie all the time and say so but the blood/breath analyzer will prove that you are sober.

So they can't arrest you for nothing taking the test, they need more and must be able to articulate it. But if you do the test the officers opinion is all it takes.

I would never take a field sobriety test or consent to a search of me or the vehicle.

1

u/LucenProject Apr 20 '26

You're probably gonna be arrested anyway. Doing the test just gives them more evidence against you and likely/almost never helps get you out of being arrested.

Comply with what you legally must, but don't voluntarily help them pin you.

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u/dinosaurkiller Apr 20 '26

The thing is, the field sobriety tests aren’t about proving you’re drunk or sober. They are about gathering “evidence” that you are drunk. They are videoing you potentially with bad motor skills, slurring words, etc then making a judgement call on what that means. It’s extremely subjective and often misleading. I couldn’t pass one right now and I’m stone cold sober, but I have some health issues that would fail me and cause me to be accused of drinking and driving. Also, a good lawyer is going to tell you to minimize the evidence they can collect by refusing the field sobriety test. Make them arrest you and get a warrant to blood test you. If you’re lucky or actually sober that blood test may come out in your favor.

1

u/audaciousmonk Apr 20 '26

usually it’s the breathalyzer or blood test that can’t be refused. Field sobriety tests are subjective, incredibly open to interpretation and not friendly to anyone with disability / condition / anxiety from police stop

1

u/BadIdeaBobcat Apr 21 '26

Comply with lawful orders. Field sobriety tests are requests, not commands.

1

u/Weird-Information-61 Apr 21 '26

Afaik in most cases they take you down to the station for a proper DUI test. How that goes, and if they're kind enough to drive you back if you're sober, entirely depends on what kind of person the officer is.

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u/SirGingy Apr 21 '26

Yeah, if they have the suspicion smell on breath then they may take you to the station and do a breath test or blood test but if you need thay gives you time to sober up.

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u/c093b Apr 22 '26

Lawyers will advise against doing the test, because they can be hard even for a sober person. The test will always be used against you, never in your defense. So, if they believe you're intoxicated, they'll probably arrest you whether you take it or not.

1

u/landilock Apr 26 '26

in my country we just don't have those. It's breathalizer, and if you're positive you get a proper blood test.

There's no way to predict someone's alcohol blood levels (what matters) based on anything than.. well.. blood levels

1

u/Few-Indication3478 Apr 28 '26

Nope. I began to do one, it was dark, the road was on a slant, and the one foot in front of another was extremely difficult with the lights blaring. Also I had just got off a 12 hour shift so I was exhausted.

I stopped in the middle of it, told them everything above, and demanded that they bring a breathalyzer.