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Comment on What if you legiitimately don't remember the alphabet that well during a field sobriety test because you never use it?

burntbacon@discuss.tchncs.de ⁨1⁩ ⁨day⁩ ago

The cop will have one more piece of evidence to arrest you on. No dwi is made solely on you failing a single test, the judge would laugh their ass off for that. But when you tell one, “he was swerving across multiple lanes, smelled of alcoholic beverages, couldn’t say the alphabet starting at e and ending at t, had XXX nystagmus (there’s like three types they check for), did PZY clues on the walk and turn test, and admitted he had been at the bar an ‘hour or so ago,’” they suddenly have a very different conception of what failing to remember the alphabet means.

Remember, don’t answer any questions on a traffic stop, kiddos. It’s always shut the fuck up friday. ALSO, fuck people who drive drunk, but mostly don’t give cops the time of day if they ask, much less any other info.

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Ziggurat@jlai.lu ⁨1⁩ ⁨day⁩ ago
I still don’t get why the US sobriety tests are admissible by a judge. cops can just run a breathalyser test (or even a drug test), it’s faster than all these weird test and more reliable.

If your going to arrest someone anyway , you can even get a blood/urine sample for a lab-grade drug search.

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- burntbacon@discuss.tchncs.de ⁨1⁩ ⁨day⁩ ago
  The blood/urine/breath samples come AFTER the arrest. At least where I live, blood needs a warrant, which they aren’t getting without enough ‘evidence’ to convince a judge. Hence the roadside sobriety tests. They can take a breath sample because the law requires that you give one if you have a driver’s license (it’s part of all the legal paperwork you sign when you get one), but you can’t really force someone to give a breath sample because it’s not a simple thing.
  
  The breathalyzer and blood are definitive tests, but they aren’t needed for the arrest or the conviction. A cop that I know said the best cases were the ones where he stood a driver in front of his car’s camera for about five seconds and you can see them visibly fall over or stumble while just trying to stand there. Criminal cases are always about convincing a jury, and that means that ‘evidence’ like a car swerving on the highway, the smell of alcoholic beverages, the field sobriety tests, the general appearance or manner of the driver, the statements made, etc., all matter.
  
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  - Corporal_Punishment@feddit.uk ⁨1⁩ ⁨day⁩ ago
    In the UK refusal to submit to a breathalyser is grounds for arrest, as is the case in most of Europe.
    
    A sobriety test will never be as accurate or as quick. Its also influenced by the officer’s own prejudices, regardless of how good at judging them the cop thinks they are
    
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  - Semester3383@lemmy.world ⁨1⁩ ⁨day⁩ ago
    It depends on the state; you aren’t required to take a breathalyzer in all states, nor are your required to submit to field sobriety tests in all states, although refusal can have different results depending on the state. It would be best to check the laws in your state. source
    
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    yoevli@lemmy.world ⁨1⁩ ⁨day⁩ ago
    According to the link you provided, every US state has implied consent laws which trigger an automatic DL suspension if you refuse a breathalyzer.
    
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shalafi@lemmy.world ⁨1⁩ ⁨day⁩ ago
I got thrown in the drunk tank in college solely for failing the recite the alphabet backwards and mixing M and N, cuffed me the second I mixed it up. They had nothing else on me, was riding my bike straight down the sidewalk after returning library book in the wee hours. Performed the roadside aerobics perfectly.

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- TheReanuKeeves@lemmy.world ⁨1⁩ ⁨day⁩ ago
  So what happened afterwards?
  
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14th_cylon@lemmy.zip ⁨1⁩ ⁨day⁩ ago
Obligatory: www.youtube.com/watch?v=d-7o9xYp7eE

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Falafelicious@lemmy.zip ⁨1⁩ ⁨day⁩ ago
I agree with never taking to cops. But if a cop says you’re doing a sobriety test, you don’t have a choice. Either do it or get suspended for a year. And they don’t need a reason, all they have to do is say you were swerving or you smell like alcohol

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- Semester3383@lemmy.world ⁨1⁩ ⁨day⁩ ago
  
  But if a cop says you’re doing a sobriety test, you don’t have a choice.
  
  Not correct. Field sobriety tests are ‘voluntary’ in all states in the US, although refusing to take one may be used as evidence against you in a trial, depending on the state. Likewise, you can refuse breathalyzer tests, although that may carry significant civil penalties.
  
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  - Falafelicious@lemmy.zip ⁨1⁩ ⁨day⁩ ago
    Did you even read my comment. I literally said refusing to do a test gets your license suspended for a year in most states. If you don’t do the sobriety test, the cop will most certainly ask you to do a chemical test, breath or blood, and refusing will get you a suspension.
    
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- Tja@programming.dev ⁨1⁩ ⁨day⁩ ago
  The land of the free, everyone.
  
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  - Falafelicious@lemmy.zip ⁨1⁩ ⁨day⁩ ago
    I prefer this over having drunk idiots all over the road tbh.
    
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    Tja@programming.dev ⁨1⁩ ⁨day⁩ ago
    Those are not the only two options. I also prefer this to getting kicked in the nuts, but there are a million better options.
    
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fubbernuckin@lemmy.dbzer0.com ⁨1⁩ ⁨day⁩ ago
Actual question, how do I not answer any questions? I feel like if I’m literally mute for the entire encounter then I’m getting charged for not cooperating.

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- yoevli@lemmy.world ⁨1⁩ ⁨day⁩ ago
  You should verbally indicate that you don’t wish to answer questions rather than staying totally silent. That said, there are circumstances where cooperating can make your life easier if you’re able to easily and clearly dispel the officer’s suspicion, though this is highly dependent on situation and the specific cop you’re dealing with. If you are doing something wrong the best thing is always to stfu.
  
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