Sobriety Testing in USA

Sobriety Test

Its been puzzling me now for a while why in USA police use FST's (horizontal gaze, walk-and-turn,one-leg-stand etc.) and not breath analyzer.

Wiki says "its inaccurate and bla bla" and i've heard the test is against some of your amendments/civil rights or police dont have enough money for it and other explanations.

Im being an idot now when i say this, ive been watching some "police" shows and always in USA they use FST and not the breath test, and in Australia and G-Britain shows they always make the DUI drivers to blow in the breath analyzer right away (and in my home country we use test and not the silly FST). Isnt it great where i get my information... TV shows.

So if someone can give me an answer why you keep humiliating drunks for 20mins in a busy streets waiting for an accident. Enlighten me please.

:lovecoupl

raBies said:

Sobriety Test

Its been puzzling me now for a while why in USA police use FST's (horizontal gaze, walk-and-turn,one-leg-stand etc.) and not breath analyzer.

Wiki says "its inaccurate and bla bla" and i've heard the test is against some of your amendments/civil rights or police dont have enough money for it and other explanations.

Im being an idot now when i say this, ive been watching some "police" shows and always in USA they use FST and not the breath test, and in Australia and G-Britain shows they always make the DUI drivers to blow in the breath analyzer right away (and in my home country we use test and not the silly FST). Isnt it great where i get my information... TV shows.

So if someone can give me an answer why you keep humiliating drunks for 20mins in a busy streets waiting for an accident. Enlighten me please.

:lovecoupl

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I don't know for a fact, but think they can arrest you for DUI, and then do a breath test at the station? I don't think you can be prosecuted unless they do the test. :dunno:

here in america, police dont issue a mandatory breath analysis because they have to give you the option of breath, piss, or blood. i have, however, heard of cops giving the breath test on the spot if the driver chooses that option.

I've also heard that if you refuse the breath test you automatically lose your license for 6 months. But if you take it and fail it's only 3 months for a first offense.

But :dunno: I don't drive when I've been drinking so makes me no difference!

Unfortunately, I got a DUI a few years ago...

Police officers can arrest you on pure "suspicion" of DUI. Once back to the station, they offer you the chance to either take or refuse a breathalyser. Refusal to take the breathalyser is an automatic suspension of your license.

When they pull you over and administer field sobriety tests, it's purely just to see if they are wasting their time. It is 100% up to "their judgment" if they want to arrest you or not. In my case, I passed all the field sobriety tests but they arrested me on "suspicion" because I smelled like liquor...which I totally did.

I'm not 100% accurate, but I don't think that BAC readings from portable breathalysers can be used as "evidence" in court. That's probably why the US doesn't use them a lot.

ChefChiTown said:

Police officers can arrest you on pure "suspicion" of DUI.

It is 100% up to "their judgment" if they want to arrest you or not.

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So I guess if your black your fucked?

Legzman said:

So I guess if your black your fucked?

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It's known as DWB(driving while black)similar to DUI.

In finland if you take BAC in the spot and if it goes over 0.5 your going to the station and blood test is taken that is used in court. (just like in states, the blood test for court i mean)

So why not in the states?

ChefChiTown said:

When they pull you over and administer field sobriety tests, it's purely just to see if they are wasting their time.

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Which one is faster? "Here blow to this tube till i say stop 1.2.3.beep your arrested" or "Hey lets do about 10 different exercise routines..."?

Anyone know if the against the constitution or it violate civil rights thing a just a rumour. Cause you guys have some silly "rules" over there

raBies said:

Which one is faster? "Here blow to this tube till i say stop 1.2.3.beep your arrested" or "Hey lets do about 10 different exercise routines..."?

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It's not about being faster. Like I said before, I'm not 100% positive, but the BAC determined by portable breathalysers isn't admissible in court.

They issue field sobriety tests to see if they should even bother taking you to the station where they can give you the breathalyser test which is admissible in court. If they come to the conclusion that you're not drunk (after the FST), then it would be a waste of their time to actually take you the station and go through that whole process.

Legzman said:

I've also heard that if you refuse the breath test you automatically lose your license for 6 months. But if you take it and fail it's only 3 months for a first offense.

But :dunno: I don't drive when I've been drinking so makes me no difference!

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but the catch is you have a DUI offense if you fail.

If you refuse, they just take your license away and don't bust you with DUI

nylo said:

but the catch is you have a DUI offense if you fail.

If you refuse, they just take your license away and don't bust you with DUI

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Either way you lose your license! I dunno though like I said, I don't drive drunk so I really don't care!

Lets take a different vantage point for a second. With 30 days notice nation wide Via T.V. / radio / mailbox notices....that in 30 days if you are caught driving drunk? at road side the arresting officer pulls out his side arm and puts a bullet in your head..
How many people will continue to drive drunk?

Peace out:dunno:

Purple†Pain said:

Lets take a different vantage point for a second. With 30 days notice nation wide Via T.V. / radio / mailbox notices....that in 30 days if you are caught driving drunk? at road side the arresting officer pulls out his side arm and puts a bullet in your head..
How many people will continue to drive drunk?

Peace out:dunno:

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People still will...but I'm sure the numbers would be a lot lower and I have to agree with you. It's a very good idea!:thumbsup:

Really no different than crashing into another vehicle and killing everyone involved...actually would be saving lives in the long run!

AFA said:

I don't know for a fact, but think they can arrest you for DUI, and then do a breath test at the station? I don't think you can be prosecuted unless they do the test. :dunno:

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This is true AFA. But you can be prosecuted even if you pass the test.
I know from experience.
Heres a story bout a man named dumbass.
While living near Tampa, FL. I drank 1 beer in the parking lot after work.
I was pulled over about 15 minutes later on a rural stretch for not using my blinker while changing lanes.
I guess he smelled the beer and gave me a sobriety test which I thought I did fine.
Well got the cuffs slapped on and arrested.
I blew in the breathalizer twice, 2 readings of 0.0.
You'd think that was it, but it wasn't.
I still was charged with DUI because I was arrested for it. My car was also impounded.
In court I pled not guilty.Although it was known I blew 0.0., it wasnt dismissed. I also had already paid the failure to use my turn signal fine.
Meanwhile the arresting officer had supposedly moved out of state.
Then I had to go back to court for the trial, the prosecuter wanted to give me the full punishment.
When it was revealed again that I blew 0.0 the prosecuter wanted to charge me with careless driving. The judge allowed it.
I then had to return to court again to plead not guilty to careless driving.
And fourth time for the trial which I was found NOT GUILTY.
I kind of ripped the prosecuter a new ass, people were clapping.
So basically they can do whatever they want.
I have no faith in the legal system based on that and other experiences.

Correction: very little faith.

Purple†Pain said:

Lets take a different vantage point for a second. With 30 days notice nation wide Via T.V. / radio / mailbox notices....that in 30 days if you are caught driving drunk? at road side the arresting officer pulls out his side arm and puts a bullet in your head..
How many people will continue to drive drunk?

Peace out:dunno:

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sounds good adolph. But you'll never get me for DUI, the crime that they'd have to charge me with would be killing a cop.

Purple†Pain said:

Lets take a different vantage point for a second. With 30 days notice nation wide Via T.V. / radio / mailbox notices....that in 30 days if you are caught driving drunk? at road side the arresting officer pulls out his side arm and puts a bullet in your head..
How many people will continue to drive drunk?

Peace out:dunno:

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It wouldn't work and there would still be a lot of drunk drivers because people are stupid. In Russia, if you get arrested for a DUI, you lose your drivers license for the rest of your life. Yet, people are still frequently arrested for DUI's, even though they know the extreme consequences.

El Salvador actually executes people that are convicted of a DUI...they still have drunk drivers.

ChefChiTown said:

It's not about being faster. Like I said before, I'm not 100% positive, but the BAC determined by portable breathalysers isn't admissible in court.

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Maybe i wasnt clear enough, i know what you mean. But my point is, even if BAC isn't enough to be used in court they can determine in the field with first breathalyser test that there is enough reason to go to the station and do new test with precision breathalyser (if the BAC really is inaccurate but enough to give some indiacation) THEN that result is used in the court to confirm he was actually drunk.

Thats how we do it here. And the first breathalyser is pretty damn accurate.

Document from finnish police