Comment on [deleted]
brygphilomena@lemmy.dbzer0.com 2 days ago
A field sobriety test cannot ever be used as evidence that you are sober in court. They can only be used by cops and prosecutors as evidence you were impaired.
There is never a good reason to submit to them. Cops aren’t watching to see if you are sober. They are looking to see if you are impaired.
If you are drunk, hope they don’t make you take a breathalyzer. Even then, you can refuse and they can make you take a blood test OR if you refuse that they take your license but they have less evidence you were drunk. I’m not entirely sure, but fairly certain they could get a warrant and compel a blood draw, but hopefully by that time you’ve sobered up a bit. You still forfeit your license.
If you are just a little intoxicated, the time between being pulled over and a phlebotomist takes your blood could be enough to be under the limit.
That said, even under the limit, they might still claim you were impaired anyway and hit you with the ticket/arrest anyway.
fairly certain they could get a warrant and compel a blood draw, but hopefully by that time you’ve sobered up a bit.
It’ll take an hour max which only reduces your BAC by about .01%
Whether they can calculate back how high it was at the time of you driving and use that in court depends on jurisdiction and the judge.
Well, this wasn’t me but a friend of mine. But he told me he literally was taking a swig of beer as the flashing red and blue came on behind him. I’m not sure how much stronger that might make a breathalyzer, but he asked for a blood test at the station instead for that reason.
It seems to affect the breathalyzer.
I was unfortunately baker acted twice then went back for a third time for complications with my medicine. I couldn’t sleep for 4 days.
Anyway knowing I was about to go back into an institution I decide “no reason I need to be sober for it”
So I chain smoked a few cigarettes and quickly downed one of those club cocktails they sell at the gas station 10 percent abv.
I blew way high on their breathalyzer. I’m a big guy and had one drink very quickly m, then walked in. It put me at well over the legal limit.
For those that are curious it was actually the sedatives they prescribed that kept me awake. A rare side effect some people experience. It was aweful. They made me tired as shit but sleep never came.
Ibisalt@lemmy.world 2 days ago
how about dont drink and drive and put others lives in danger?
toynbee@lemmy.world 2 days ago
While this is good advice, at least where I’m from it’s no guarantee of not suffering the legal consequences as if you had.
AnnaFrankfurter@lemmy.ml 1 day ago
Yeah from where I am you can drink and drive as long as you don’t act stupid in front of cops and even if you do it’s very cheap to bribe them.
toynbee@lemmy.world 1 day ago
I like to drink, but I never drink and drive.
I once was at the only liquor store in my small town. While I was making my selection, another tenant came in and asked “is it okay if I park out front?”
The clerk answered “oh, the cops don’t give out tickets in this town.”
Didn’t love overhearing that from them.