I took your UA-cam advice last week and you saved me from a “boating under the influence” charge. I was pulled over while navigating a friend’s boat. We had a bottle of champagne in the boat as me and my fiancée just got engaged that day. After questioning us he said he wanted to make sure I was safe to drive and requested me to do some field sobriety tests that included stepping back and forth into their vessel, donning a life jacket and looking into my eyes. Keep in mind, I was well below the limit. I responded with your advice and said, “Sorry, my lawyer friend says I must always decline to that. I would love to help but I must decline.” They left me alone after that. These guys were definitely out to get me that day and I believe you saved me from a lot of trouble! And my fiancée was impressed by how I handled it. Thanks for your videos and yes I’ll be more careful in the future! Yea
ARE YOU SERIOUS?! Holy smokes man! Definitely be more careful in the first place, but I'm glad it all went down well. :D And congrats on the engagement!
You probably weren't slurring any words or stuttering saying that, which was an indication to them that you were NOT impaired. You did a mini-FST just by clearly stating that. :P
So I go to school for God knows how many years to be qualified to perform even the most rudimentary of physical and psychological examinations, yet a cop gets a Powerpoint lecture on a lunch break, once, and his testimony is worth more than mine. OK.
I got pulled over for a DUI years ago. The reason I was stopped is because I had a faulty headlight switch in the Ford PU I was driving so the lights flashed when I passed a trooper. I must of been smarter back then because I had them take me to the station and not do anything on the side of the road. When I went to court the magistrate dismissed the case due to the amount of time it took for them to have me tested. That was back in the early 90s. I don't drink at all or do any type of drugs ever in many years now.
I was pulled over, his reason was I drove left of the line. He asked me to step out and do the field sobriety test. Told him and his buddy cool I always wanted to do one of these. Did the heel to toe walk, they did the eye following test and then I realized they were trying to put me into jail and became a bit but politely defiant. When I had to hold my foot off the ground, hands to the side, look at my toe and count to 30 I kept going to 33, looked at them and then slowly lowered my foot as I looked left and right at both of them, no more being easy going talking to them. He still gave me a ticket for going out of my lane, I scoffed and told him you were the one who went out of the lane getting on the freeway (he came a foot over into my lane directly to my right front), he was as silent as a mouse, but still handed me the ticket. I said bring the video to court I had to see this. At court we had a side bar meeting with the prosecutor, he said the city would drop the charges but I had to not get any tickets for some thing like a year or 2. (I have not had one for over 20 years and its been 5 or so more years with no tickets. My attorney said we wanted to see the video of me that caused the stop. Their reply was there was no footage as it was all used up at a previous stop, lol, at 08:30 am, on his way to work, right, liar. Anyway my buddy, his neighbor was a detective with the same Provo, Ut PD, we gave him the officers name and he got back to us and said the guy was a Sgt., no tape recorder in his trunk but a hard drive with huge storage. They did not want to present the evidence as it was unlikely to lead to a conviction, so I guess my driving was not that egregious after all. But cool thing I did the field sobriety test and passed. Think they thought I was on drugs or something because he did the eye test for probably a minute or more. LOL, passed but he still had to show the others his stopping me was justified and give me the ticket so he did not look bad. By the time it was over there were 3 squad cars there. The one that got away, I was absolutely sober so it was amusing before it got serious once I realized they wanted my head that morning.
You're lucky you got what sounds like rookie cops. Good cops know how to fudge it to "fail" a roadside. Remember, the point is not to determine _if_ they can arrest you. The point is to gather as much evidence they can to use against you in court.
If a police officer pulls over your designated driver, and decides that he doesn't believe them when they say they haven't drunk anything, is it safe to do the roadside breathalyzer, or can that falsely report they've been drinking when they've not had any? Does the advice to "always refuse" the PBT stand even if you've literally not had alcohol that day? (Or week, or month, or year...?)
@chuck 8094 Dirty cops like Zachary Wester who planted drugs in people's cars also illustrate why people should take every legal measure at their disposal to protect themselves and not give up their rights.
If it was me, I would do the breathalyzer. There are people who would refuse and then try win money in a 1983 lawsuit, taxpayer funded law enforcement secret shoppers.
I personally would ONLY blow into a PBT if I was 100% certain that I had ZERO alcohol in the past 24 hours (or if I was in a state where I knew it was illegal to refuse the PBT, which is very rare).
@@Andrewflusche Thanks for the answer; I have always wondered - having heard "oh, they can misread" - whether they can misread even a 0% BAC as being non-zero and/or over the limit. I do not drink, and when I am with friends who do, I am the designated driver. It's never come up, but I've oft wondered, should I be pulled over and the officer decide that my drunken passengers might mean I'm also inebriated, whether taking the breathalyzer would clear me or could screw up and give them "evidence" that is entirely false.
VICTORY!! Yes…until she gets that lawyer bill. Can she sue the city to pay for her lawyer?! Why should she be on the hook for probably thousands of dollars because of this?!
Not just medical, but chemical analysis. A shocking number of people have gone to jail based on roadside drug tests with a high false positive rate which is exacerbated by being able to false positive if performed wrong.
Got pulled over yesterday for "flashing my brights" at an oncoming sheriff. I turned them off then back on as he went past because I thought his brights were on (I didn't know it was a cop as it was dark and 5:30 am). Just a warning this time, oh boy. Really out there fighting that crime I tell you.
In Tennessee, if you refuse the breathalyzer you will lose your driver's license for one year. It is not a criminal offense, so if you are drinking, that's what you should do, rather than get a DUI on your record, which is a criminal offense, and requires some jail time. And you will lose your license anyway.
In SC as well, they are not required to do a PBT, and the current SLED training curriculum advises against doing PBTs. an officer in one department I know personally has told me the department doesn't even have any PBTs to issue
You are awesome sir! When I encountered possible DUI persons at the jail and we used the intox machine, if it was below .08, I would whisper get a lawyer. I never had the goal of putting people in jail. Unless they were actually a criminal. I tried to resolve issues but sometimes I had to arrest them.
@@Andrewflusche A true story from Ontario, Canada. A friend was recently pulled over for driving 50 kms/hr (30 mph) over the speed limit in a 60 kms/hr zone. He had his licence suspended on the spot for 30 days and his car towed and impounded for 2 weeks. He was charged with Stunt driving. He faces a minimum fine of $2000 (up to $10,000) if convicted. Jail time is also possible. If convicted, his licence will be suspended for at least a year and up to 3 years. So far, (pre-trial) he has spent $1000 to get his car back and $1200 on a lawyer. This is his first driving offence and he is in his fifties with a family and a steady job. Finally, cops in Canada aren't generally as conversational as the US cops seen on UA-cam. When stopped, the first words out of the cop's mouth were, "Call a friend. Your car is gone."
I hope this officer took her before an article 3 judge without necessary delay and not to booking or before an administrative law hearing commissioner?
Here in WA, the way the law is written, a driver can be found impaired if they've taken a narcotic pain killer such as Vicodin or Oxy. I don't know how the officer(s) would prove it, if you blow a 0.00, perhaps via the field sobriety test? Don't know what the law says re: blood test. Do know that if driver consents to auto search and a pill bottle is found (whether or not the driver has taken anything in the previous 12 hours), the driver can be cited. Happens rarely, but is on the books.
My first thought when you said she forgot to turn her lights on was "I thought cars had automatic lights these days??" I guess that probably doesn't apply to all cars on the road though!
@@Ozzy_2014 Right, but I'm referring to low beams automatically turning on when it's dark out. I drive an 8 year old Silverado and they turn on and off all on their own. Even back when I drove an 04 Grand Am they turned on and off all on their own and that was by no means a high end expensive car.
Not all cars. My 2019 has them as did the 2016 before it but that had all the options so I don’t know if it was a standard feature or in one of the add on packages. Not sure if the 2014 had them (don’t think so), but my 1998 had them surprisingly. A couple family members have cars 5-10 yo without them.
The little town in Arkansas where I live had what they call the BAT mobile on a main highway on Saturday night pulling everyone over! I don't know exactly how it worked but is this legal? Can they force you to take a test without probable cause?
@@enaid54 Check Arkansas law. Most states do not require you to perform a field sobriety test and only mandate that you provide a breath or blood sample AFTER you've been arrested. Check your state laws and don't assist police when they are investigating you when you are not required to do so.
SCOTUS says DUI checkpoint is legal, based on it being a minimal intrusion. If they then develop PC they can definitely give a PBT or arrest you based on other evidence. If they were giving a PBT to everyone, OTOH, that's well beyond what SCOTUS ruled permissible
Wyoming? I'm looking for a place to retire. So far, I have not seen any professional law enforcement in that state. Dirty, criminal, incompetent law enforcement officers should be fired!
@@eq1373 no. Actually dear old was a cop in Portland after he got out of the Army after WWII. I have a very public safety background. My gold badge tucked away in a drawer for the grandkids to play with now that I'm retired. Personally, I would not live in Portland. Or Seattle. Or California. I've lived, was educated and worked all over the World. I'm really touchy about people's civil rights. The best person in the community; most noble, honest, kind, professional and helpful should be a cop. Few are. No. I have had a few run-ins with dirty and criminal cops (a trooper and a game warden I was working with both independently warned me about the sheriff's departments:"They are dirty. Be careful"). Being a good cop 99% of the time does not allow you to be a bad cop the other 1% of the time. Good cops love me. Bad cops hate me. I promote and support good cops. Bad cops? I my mission to get them fired, decertified and even jailed. I'm guessing you are in a "conservative" political party? I was the local campaign manager for that party's presidential nominee in 2016. We had great success. I'm old. I'm known as a top level organizer, manager, leader and administrator. People and organizations seek me out. I've been busy with family issues for the past few years. My wife off 44 years is in the final stage of Alzheimer's. Like me, she can't stand dirty, criminal cops. Besides most if our children going in the Marines and coming back injured and combat wounded, our youngest son's a cop. Where I live now I no desire to stay. My family, on the European side, have been here for 425 years. Up north, only getting off the boat not many more than 400. Hm? Mayflower was the name of the boat. The native side from ten and 14 generations ago were here for hundreds of years, a thousand years earlier. Dear old dad, mentioned above, I was standing next to him when he took out a cop with one punch to the face. Knocked the cop out cold. Unconscious! One punch! A dirty cop. A criminal cop. It's a good thing dear old dad had breakfast every morning with the regional police general. Dad was the case officer (A.K.A.: master spy) for our Federal Government in that region of the World when he wasn't "up north" training, working with and leading in combat special gurilla units of Hill Tribal Peoples. He didn't stay a police officer long in America. He's a legend in the clandestine services. I was supposed to be his replacement. Wouldn't you know it, I was passing through after a contract job overseas expired (I fixed things, cleaned up messes, kept people safe when they were not to know. In fact, you didn't know I was an American). I fell in love and my wife wanted me home every evening and in a less dangerous job. So, I stayed and started a family and changed my career path. By all measures, I'm a god damned hero! You really want to piss someone off? Don't accept promotion and don't accept awards they want to give you. Write reprimands on yourself! Don't hide anything. I earned every dollar of my salary. I've earned every dollar of my reimbursement. I don't don't owe anything to anyone except my mortgage in my "under water" mortgaged property. When I die, eventually, probably in another thirty plus years, it's directed to scatter my ashes far out to sea, leave no marker, and spread my medals and badges around my grandchildren. So, what good have you done with your life? I have no fear in facing God. Do you? If so, why? Sic Semper Tyrannis!
@@eq1373 no. You wish. I actually come from a law enforcement family and I trained, was trained by and/or worked with various local, state, Federal, military, foreign law enforcement and agents for decades. I know good from bad. Professional from un-professional. It sounds more like you "*ss-bite syndrome". I don't know if it's a medical diagnosis like you might use. Dear old Great-Grampa would probably turn in the grave to see law enforcement spiraling down. He was a town marshal in Montana and deputy sheriff in Idaho in the Old West. For a time. Now, grow up. You are in the body of an adult, I'm wildly guessing. Your mind and emotions need to catch up.
06:32 yeah... Utah finally increased the percent alcohol by weight (5% ABV) in beer sold at grocery and convenience stores to 4.0 (was 3.2) , but also lowered the legal driving limit to 0.05. Silly.
Not to be that guy, but as a fellow (I assume) Utahan, and someone active in the local micro-brew and homebrew community I have to do a little bit of a nit-pick here. There are two ways to measure alcohol content in beverages (well 3 if you count "proof" but let's not worry about that right now), one is Alcohol by Weight (ABW) which is very uncommon in the alcohol beverage industry and not what you would typically see on beer packaging, then there is Alcohol by Volume (ABV) which is the standard most people and producers use, as well as what is displayed on beverage packaging. Utah went from allowing beer sold outside the state run Utah State Liquor Stores to go from 4%ABV to 5%ABV. The ABW number is lower at 3.2% ABW to 4% ABW. There is one reason primarily that anyone ever used the ABW number. That is so that just after prohibition people could use a lower, less scary number to get alcoholic beverages permitted in their states. At one time there were several states that had a "3.2" limit. When Utah moved to 5% ABV it had become the only or maybe one of two states to still have that limit. The major beer manufacturers said that they would no longer produce beer meeting that restrictive limit. Fun fact time. AB-InBev (the largest beer manufacturer in the world and the U.S.) was pushing for a 6% ABV limit in Utah. The main opposition to this change was Uintah Brewing, Squatters Brewing, Wasatch Brewing, Red Rock Brewing and Proper Brewing. All local Utah breweries. They strong armed the Utah Brewer's Guild (a group of Utah breweries) to oppose the legislation that would raise the limit to 6% ABV. The owner of Red Rock Brewing, Robert Jensen, spoke before the legislature giving his infamous "Little Bobby" statement. In this statement the owner of Red Rock brewing made two main points (please search for this statement if interested as it is available and absolutely appalling) which was that drinkers always just drink a certain number of beverages, so if the alcohol content is raised the drinker will drink the same volume and just become more intoxicated. The second statement was the "Little Bobby" part, where he imagined himself, Robert Jensen, as a very young child, like 8-12 years old, who very regularly took 2 beers from his parents six-pack and now, if the beer went from 4% to 6% would be like this very young child now drinking three beers instead of two beers. This was the biggest breweries in Utah arguing AGAINST raising the definition of "small beer" from beer up to 4% abv to beer up to 6% abv. They got the first bill defeated, but AB-InBev is a pretty massively big company and they got a compromise bill in place to get the limit raised to 5% abv. So, why would Utah breweries argue against raising the alcohol limit of beer they could sell on draft, at stores, etc.? Well, what they wanted was for AB-InBev as well as Molson Coors to stop supplying beer to Utah and they could fill that void with their very well established line-up of 4% abv beers. This would have been an extreme win for them. It would have more than doubled, by a lot, their sales in the state. Anyway, long story short, don't support Squatters, Uintah, Wasatch, Red Rock or Proper. Support others like Bewilder Brewing, Level Crossing, T.F. Brewing, Fischer, Keitos, 2-Row, Grid City Beer Works, Hopkins, Toasted Barrel, RoHa, Desert Edge, Zalupez, Salt Fire, Salt Flats and Shades. I've missed a few but that should be enough to keep you away from the bad ones.
@@CTSFanSam That makes a lot of sense to me. I do wish this was a tired system, as I think it is fine to have a penalty for 0.05BAC, but despite what many think a full DUI charge is potentially life destroying for many people.
@@Invictus13666 It is not barely a drink. It's about three beers in a hour. A man could easily have two beers with dinner and be under that limit. It is also the point where impairment begins. Not significant impairment, but some degree of impairment.
Depending on how you are drive-in and if you pass the field sobriety test it doesn’t matter if you’re under the legal limit you can still be arrested for a DUI you don’t have to blow over the limit to be too intoxicated to drive
What I was taught in Drivers Ed was over 0.05 you can be arrested if you fail the other tests but over 0.08 by itself = arrest. That seems to match with the presumptions he mentions.
I'm a computer guy and several years ago i was part of a project to interface with what you call a PBT. We had the callibration bottle, but our bosses were cool and we brought in beer and spirits and tested every urban legend we could think of on how to beat the machine. Bottom line: You can't beat the machine. You can not get it to false negative or show less than an accurate reading. On the other hand, a false positive is very easy. One breath mint immediately before blowing will give as high as a 0.15, with some variance as to which brand breath mint. TicTac is the worst. The breath mint effect fades quickly though, and is gone within about 10 minutes.
Another great video, Andrew. Thank you. I do have a question though, is there a record for individual police officers showing arrests they make which end up getting tossed out of court? Thanks!
best bet is you'd have to file a public records request (NOT A FOIA...so angering to see people call it that, FOIA refers to federal government only) for that officer's arrest records, and then do some research on case search for the state/county and determine outcomes of cases. would take a good bit of time, POSSIBLY a big-data compiling site out there that already has it but i'd leave that to Mr. Flusche's expertise.
@@armedferret Really? Federal only? Virginia Freedom of Information Act § 2.2-3700. Short title; policy A. This chapter may be cited as "The Virginia Freedom of Information Act."
That whole thing about removing glasses makes me think, what if someone has low vision and actually needs those glasses in order to see clearly? How would they even be able to follow said external stimuli (drunk or not) if their vision was very poor? Wouldn’t that affect the test and make it counter conclusive to the results?
I went to a friend's house after work one day & had a couple beers. I waited until I was pretty sure I was safe to drive. Of course I was pulled over because the cops & even the town judge had it out for me. Literally, they harassed me ALL the time. Well, I blew all zeros on the breath test. Even I was surprised! All zeros. No detection of alcohol whatsoever. I was still arrested for DUI anyway. They didn't do a blood test; just the breath test. & of course the town judge still found me guilty. Ronceverte WV y'all!!!!
One issue with personal breathalyzers is that they could be inaccurate. Most inaccuracies are due to the failure to calibrate, so if you blow a 0.06, you could blow higher on a police PBT. I wouldn’t suggest using a personal breathalyzer unless your target is an absolute zero. Or better yet, don’t drive if you’ve had even one drink. Get a ride to the bar AND get a ride home. If you can’t afford both, don’t go to the bar
I would love to see a vid on exactly how to handle a DUI stop and one for dui check point stops. Acted out of course or just commentary on it with questions being answered from the subscribers here. I am from VA and work in a hospital. I have heard some sketchy stuff from the police after they bring someone in after they have arrested them for DUI. Or maybe do a Q&A session on this. Or have I missed a previous vid on this? Ty and ty for all these vids. They are very informative and I like knowing my rights and when to exercise them.
Hey thanks for all the great content! While watching this video I remembered your best advice "don't drink and drive " That said im CDL license holder and have for years heard that cdl licensed drivers have a reduced limit of .04 aka half pov limit? Could you do a UA-cam for cdl drivers? Thx!
the major problem with a "designated driver" is your either tempting someone to fall off teh wagon or trying to talk someone into spending a night babysitting drunks when you dont drink and being around drunks sober really sucks.
It surprises me how slanted these sobriety tests are...there's no benefit to cooperating unless compelled by law since all you're doing is helping the police build a case against you.
I'm a cop. What this attorney is saying is spot on. That said, Refuse SFSTs all you want. I'm still arresting you if I think you're impaired based on my observations. All SFSTs are is something for defense attorneys to pick apart. They're a joke.
Where I live (New Zealand), you can refuse a roadside breath test but you will then be arrested. If you refuse an evidentiary breath test at the station, you will likely get the maximum penalty for DUI. Roadside sobriety tests are unknown here and there is no debate on the readings: above x = guilty, below x = innocent
In Illinois there is DUI and DUI over.08. As a Police officer I'm gathering evidence long before I stop you. Don't blow and don't talk to the Police officer, the office will write a better report. No breaks are given to those that are hostile. The best idea is a designated driver or a taxi.
Anyone want to clarify Indiana state laws for me? Often, our police blatantly disobey the laws. I have seen the police called on the police for public urination on our dumpster. Then driving over a curb running a red light without lights on. Just curious tho what proper interpretation of Indiana's laws are.
A good DA is more valuable than a great Sheriff. Could you do a video on the difference between the local Police, the Sheriff, the DA, the Judge and a public Defender. That is something not covered in most public school educations.
Been down to Fredricksburg a few times when I lived In my hometown in Stephens City VA. Nice town and I'm glad I don't go to Fredricksburg bars. That sneaky police waiting in the shadows around bars is scary! lol
I have a question 🙋🏻♂️ I saw UA-cam video where a man was taken to a police station, blew all zeros, and the cop said it must be something else like drugs or something because of his demeanor. The man requested a lawyer but the cop said no and that he should take a blood draw 🩸 OR HE WOULD FORFEIT HIS LICENSE 🪪 and go to jail. What’s the best way to handle that situation?
Astigmatism can be a reason to fail the test, My Dad was pulled over for no lights. He was lucky his Mother -In -Law was there beside him. The Officer asked why no lights Dad said it was so light he forgot. My Gran spoke up this is my son-in-law I feel safer with him than any of my sons. The officer came back said it was a verbal warning not going on record. The officer add thank her for no ticket. He took her out the nest day to dinner.
What about someone like me, I have MS, and nystagmus since I am 18, in addition the straight line walk is difficult for me, otherwise nothing physically wrong with me, although I have it 30 years. I’ve overcome any issues associated with nystagmus, and it does not affect my vision, but my eyes wiggle.
I carry around a letter from my opthamologist stating that I cannot successfully pass any kind of nystagmus test. I have a very high correction, 13 diopters which is the equivalent of 20/1300, but that's not the biggest problem. It's astigmatism. For anyone who has a fair degree of astigmatism in both eyes, when you take your glasses off the correction instead of being regular across your eye, varies along an axis. In my case both of my eyes correct to a very high degree off a horizontal axis ( over 100 points, or 1 diopter) and neither is on the same axis. So by taking my glasses off you almost guarantee both of my eyes will not only track differently, they will also track at nearly right angles to the horizontal tracking of the light. So as the light tracks more into one field of vision or the other, my eye will have a tendency to jerk over to the correction of the other eye. Remember I have a difference between a 20/20 and a 20/100 difference on an eye chart difference across each eye, and neither lines up. This will obviously be even more pronounced by tracking between the dominant and non-dominant eye. You may want to check the original three studies used to " verify" the horizontal gaze nystagmus test. Statistically you would need a statistically significant number of people with various astigmatic axis and corrections to see how that would work. Understand that if we are getting that kind of twitch as you track the light across it it's not that we have HGN issues, any optometrist is going to know we've got a freaking astigmatism and how the axis aligns. FYI Kentucky Revised Statutes, as of three years ago, state you are not to be charged with DUI if your BAC is under .05. I have no idea how having one test just over, and one just under, would be adjudicated if they required a blood test let's say after you blew .045.
Bruh, the very first time I was ever pulled over was on a brightly lit road at night for not having my headlights on. I was never charged with anything and got to drive away with a warning, but still. Any idiot could see why someone would forget to turn on their headlights on that road
DUI = Driving Under the Influence. DWI = Driving While Intoxicated. These are 2 different things. You may be under the legal limit for a DWI but any amount is a DUI.
8 hours is fine to fly as long as you had a drink or two. It's not ok if you've been drinking "a lot." If you had one glass of wine or 1 beer - you're fine 8 hours later. You must be firm on this. None of that - one or two beers. No, you only ever have one. Never more than that. That's because judges don't believe it when you say one or two. They'll think it was 6 or 8.
The fact that the prosecutor saw no impairment, one wonders about the officer making the arrest. Many police abuse their authority, but thanks to qualified immunity ("more equal than others") there is no incentive to restrict their repeated violations.
Now, the teacher should petition to have the arrest expunged. I know this creates an additional financial burden. I disagree with the simple fact you were arrested becomes a permanent part of a person's criminal record and can be used against them in the future.
In South Australia I was walking through the car park of my local bar, a police car pulled in made a bee line straight for me and without getting out of the car the driver pulled out a breatheliser and said, " breathe into this". I was shocked, and said "no". Kept walking. They drove past me to block me from going any further, the passenger got out came round to me with the breatheliser and said, " if you don't breathe into this, you WILL be arrested". Which I thought quite funny as I was WALKING. So I thought I would call their bluff and said, " well let's go then", while putting hand on back door trying to open it to get in. But door was locked. That's when questions started, and I refused to answer, in South Australia, the law states that you must give name and address and nothing else. Long story short, I did not get arrested, one thing I did say was," can't wait to see the look on your sergeants face when you tell him why I've been arrested".
So if you blow a .06-.07... you say the defendant could be ruled innocent based on other factors... are the other factors like the physical tests we were advised to always say no too if not legally required in our state? Would this be an argument to perform those tests so you can have dash footage of the testing as evidence? If I had already said no to the field tests... what other evidence could I potentially use as defense?
_Rodriguez v. United States_ (2015). The rule announced in that Supreme Court case is that the police cannot detain you at a traffic stop (e.g., to get a drug-sniffing dog) for any longer than is necessary to issue a ticket for the alleged violation.
It’s legal to drink but if you have two drinks at a restaurant you can be arrested even if you are below the limit on a breathalyzer? Seems so wrong and corrupt.
I bought a breathalyzer to better understand my alcohol consumption and, hopefully, reduce it. (It did.) I learned that if I swill a drink and then test, I will blow almost .20. Wait 15 minutes, down to .06. I don't drink outside of my house, but the lesson would be wait at least 15 minutes from that last drink before you leave. I once measured .08 . I could close my eyes and touch my fingertips over and over with rarely a miss. .08 is unreasonably harsh, to say nothing of .05. The improvement in road safety will be zilch, but will mess up many people's lives.
I've actually had this happen to me twice. The first time I fell for it & coughed up my ID. The second time I had a little fun with them. I'm amputee, I'm missing one hand. When the cop told me I "matched the description" I asked him which foot the person they were looking for was missing. The look on their faces was priceless. The partner tried to bail out his buddy by jumping in & asking me which foot I was missing & I just sat there with a smile. They walked a few feet away & talked it over, then came back & guessed my right foot. I laughed & said "I'm not missing either foot." They both turned really red & did the walk of shame without another word. 😁
If I'm on a jury where someone blows below the legal limit, I'm not going to find them guilty for any other reason.
I took your UA-cam advice last week and you saved me from a “boating under the influence” charge. I was pulled over while navigating a friend’s boat. We had a bottle of champagne in the boat as me and my fiancée just got engaged that day. After questioning us he said he wanted to make sure I was safe to drive and requested me to do some field sobriety tests that included stepping back and forth into their vessel, donning a life jacket and looking into my eyes. Keep in mind, I was well below the limit. I responded with your advice and said, “Sorry, my lawyer friend says I must always decline to that. I would love to help but I must decline.” They left me alone after that. These guys were definitely out to get me that day and I believe you saved me from a lot of trouble! And my fiancée was impressed by how I handled it. Thanks for your videos and yes I’ll be more careful in the future! Yea
ARE YOU SERIOUS?! Holy smokes man! Definitely be more careful in the first place, but I'm glad it all went down well. :D
And congrats on the engagement!
What a story. Congratulations!
You probably weren't slurring any words or stuttering saying that, which was an indication to them that you were NOT impaired. You did a mini-FST just by clearly stating that. :P
Yeah... he dodged one bullet but is walking straight into another!! lol
@@tubedude54 haha
So I go to school for God knows how many years to be qualified to perform even the most rudimentary of physical and psychological examinations, yet a cop gets a Powerpoint lecture on a lunch break, once, and his testimony is worth more than mine. OK.
Yet we still have bootlickers out there who will believe a cops word,, they must live under a rock
He knows the judge.
Intimately
People give cops way too much credit blame humans and their willingness to bow down so easily.
You think its just a PowerPoint lecture on a lunch break?
Love your tag line.. "and remember, don't talk to the police." As an extrovert, I need to hear this OFTEN!
I am glad I found the Andrew Flusche channel. I really enjoy watching your segments. Thank you for all your videos.
I got pulled over for a DUI years ago. The reason I was stopped is because I had a faulty headlight switch in the Ford PU I was driving so the lights flashed when I passed a trooper. I must of been smarter back then because I had them take me to the station and not do anything on the side of the road. When I went to court the magistrate dismissed the case due to the amount of time it took for them to have me tested. That was back in the early 90s. I don't drink at all or do any type of drugs ever in many years now.
DONT TALK TO GOVERNMENT MINIONS! Record all interactions you have with government minions.
I was pulled over, his reason was I drove left of the line. He asked me to step out and do the field sobriety test. Told him and his buddy cool I always wanted to do one of these. Did the heel to toe walk, they did the eye following test and then I realized they were trying to put me into jail and became a bit but politely defiant. When I had to hold my foot off the ground, hands to the side, look at my toe and count to 30 I kept going to 33, looked at them and then slowly lowered my foot as I looked left and right at both of them, no more being easy going talking to them. He still gave me a ticket for going out of my lane, I scoffed and told him you were the one who went out of the lane getting on the freeway (he came a foot over into my lane directly to my right front), he was as silent as a mouse, but still handed me the ticket. I said bring the video to court I had to see this. At court we had a side bar meeting with the prosecutor, he said the city would drop the charges but I had to not get any tickets for some thing like a year or 2. (I have not had one for over 20 years and its been 5 or so more years with no tickets. My attorney said we wanted to see the video of me that caused the stop. Their reply was there was no footage as it was all used up at a previous stop, lol, at 08:30 am, on his way to work, right, liar. Anyway my buddy, his neighbor was a detective with the same Provo, Ut PD, we gave him the officers name and he got back to us and said the guy was a Sgt., no tape recorder in his trunk but a hard drive with huge storage. They did not want to present the evidence as it was unlikely to lead to a conviction, so I guess my driving was not that egregious after all. But cool thing I did the field sobriety test and passed. Think they thought I was on drugs or something because he did the eye test for probably a minute or more. LOL, passed but he still had to show the others his stopping me was justified and give me the ticket so he did not look bad. By the time it was over there were 3 squad cars there. The one that got away, I was absolutely sober so it was amusing before it got serious once I realized they wanted my head that morning.
Couldn't you then bring up Spoliation of Evidence? I mean, what's the point of having body cameras if they only record the good stuff
You're lucky you got what sounds like rookie cops. Good cops know how to fudge it to "fail" a roadside. Remember, the point is not to determine _if_ they can arrest you. The point is to gather as much evidence they can to use against you in court.
A dashcam makes most of this moot. I run them in all my cars and I turn on the feature to overlay the GPS speed.
If a police officer pulls over your designated driver, and decides that he doesn't believe them when they say they haven't drunk anything, is it safe to do the roadside breathalyzer, or can that falsely report they've been drinking when they've not had any?
Does the advice to "always refuse" the PBT stand even if you've literally not had alcohol that day? (Or week, or month, or year...?)
@chuck 8094 Dirty cops like Zachary Wester who planted drugs in people's cars also illustrate why people should take every legal measure at their disposal to protect themselves and not give up their rights.
If it was me, I would do the breathalyzer. There are people who would refuse and then try win money in a 1983 lawsuit, taxpayer funded law enforcement secret shoppers.
I personally would ONLY blow into a PBT if I was 100% certain that I had ZERO alcohol in the past 24 hours (or if I was in a state where I knew it was illegal to refuse the PBT, which is very rare).
@@Andrewflusche Thanks for the answer; I have always wondered - having heard "oh, they can misread" - whether they can misread even a 0% BAC as being non-zero and/or over the limit.
I do not drink, and when I am with friends who do, I am the designated driver. It's never come up, but I've oft wondered, should I be pulled over and the officer decide that my drunken passengers might mean I'm also inebriated, whether taking the breathalyzer would clear me or could screw up and give them "evidence" that is entirely false.
@theBear89451 you are way overrating 1983 lawsuits. They happen, but not as frequently or especially successful as you think.
I'm here in Stafford. I appreciate all this great content.
If drinking and driving is illegal, why is it legal to have a parking lot at a bar?
You have a good point.
VICTORY!! Yes…until she gets that lawyer bill.
Can she sue the city to pay for her lawyer?! Why should she be on the hook for probably thousands of dollars because of this?!
@@keithmarlowe5569 True
I got arrested for a .02 in GA. My lawyer got it dropped to Reckless Conduct, and a $1,500 fine, and he only charged me $1,200. Great guy
Win-Win!
Cop makes his arrest quota and woman has her case dismissed.
So essentially, a high school graduate can coduct medical test on the side of the road
Not just medical, but chemical analysis. A shocking number of people have gone to jail based on roadside drug tests with a high false positive rate which is exacerbated by being able to false positive if performed wrong.
Got pulled over yesterday for "flashing my brights" at an oncoming sheriff. I turned them off then back on as he went past because I thought his brights were on (I didn't know it was a cop as it was dark and 5:30 am). Just a warning this time, oh boy. Really out there fighting that crime I tell you.
So?
In Tennessee, if you refuse the breathalyzer you will lose your driver's license for one year. It is not a criminal offense, so if you are drinking, that's what you should do, rather than get a DUI on your record, which is a criminal offense, and requires some jail time. And you will lose your license anyway.
Your license will be suspended if you refuse tests after the arrest, not before. His advice is correct.
NJ requires one to submit to the PBT, due to "implied consent". However, you can afterwards insist on a blood test, at your own expense.
In Florida, it's on the driver's license that if you refuse to take the sobriety test that you forfeit your license!
In SC as well, they are not required to do a PBT, and the current SLED training curriculum advises against doing PBTs. an officer in one department I know personally has told me the department doesn't even have any PBTs to issue
A win for the good guys!! ❤
You should ALWAYS refuse a breathalyzer, regardless of what state you're in, those devices are NOT that accurate, (and that's why Police prefer them).
Plus they can programmed to give the readings they want it to show.
Portable breathalyzer test? Probably refuse, depending on state. Evidentiary breathalyzer test? Probably don't refuse, depending on state (or opt for blood test).
@@johntracy72 detail how this works.
I would ask the officer to blow in it first to show me if the level is accurate.
You are awesome sir! When I encountered possible DUI persons at the jail and we used the intox machine, if it was below .08, I would whisper get a lawyer. I never had the goal of putting people in jail. Unless they were actually a criminal. I tried to resolve issues but sometimes I had to arrest them.
Thank you
In Georgia, you don't have to do the Sobriety Test or Breathalyzer. It was declared Unconstitutional in February 2018.
In canada refusal of the test carries same penalty as the offense.
I love Canada for vacations, but I'd never move there permanently. :)
@@Andrewflusche A true story from Ontario, Canada. A friend was recently pulled over for driving 50 kms/hr (30 mph) over the speed limit in a 60 kms/hr zone. He had his licence suspended on the spot for 30 days and his car towed and impounded for 2 weeks. He was charged with Stunt driving. He faces a minimum fine of $2000 (up to $10,000) if convicted. Jail time is also possible. If convicted, his licence will be suspended for at least a year and up to 3 years. So far, (pre-trial) he has spent $1000 to get his car back and $1200 on a lawyer. This is his first driving offence and he is in his fifties with a family and a steady job. Finally, cops in Canada aren't generally as conversational as the US cops seen on UA-cam. When stopped, the first words out of the cop's mouth were, "Call a friend. Your car is gone."
I hope this officer took her before an article 3 judge without necessary delay and not to booking or before an administrative law hearing commissioner?
Best channel on YT
Hahaha. Thank you!!
I feel “Don’t talk to the police” should be a your intro. Like a little jingle “Don’t … dont …. TALK TO DA POLICE!” 😂
Here in WA, the way the law is written, a driver can be found impaired if they've taken a narcotic pain killer such as Vicodin or Oxy. I don't know how the officer(s) would prove it, if you blow a 0.00, perhaps via the field sobriety test? Don't know what the law says re: blood test. Do know that if driver consents to auto search and a pill bottle is found (whether or not the driver has taken anything in the previous 12 hours), the driver can be cited. Happens rarely, but is on the books.
My first thought when you said she forgot to turn her lights on was "I thought cars had automatic lights these days??" I guess that probably doesn't apply to all cars on the road though!
Day time running lights are not full low beams
@@Ozzy_2014 Right, but I'm referring to low beams automatically turning on when it's dark out. I drive an 8 year old Silverado and they turn on and off all on their own. Even back when I drove an 04 Grand Am they turned on and off all on their own and that was by no means a high end expensive car.
My car's headlights are automatic my truck's are not.
@@marcsmith2708 ... Chevy has had that feature for at least 20 years. Dodge does not on most of their cars.
Not all cars. My 2019 has them as did the 2016 before it but that had all the options so I don’t know if it was a standard feature or in one of the add on packages. Not sure if the 2014 had them (don’t think so), but my 1998 had them surprisingly. A couple family members have cars 5-10 yo without them.
The little town in Arkansas where I live had what they call the BAT mobile on a main highway on Saturday night pulling everyone over! I don't know exactly how it worked but is this legal? Can they force you to take a test without probable cause?
Were the people who refused arrested? It's not clear what you mean by "force ".
Sounds like a DUI checkpoint. Could be legal, depending upon the circumstances.
@@theBear89451 If you refused to take the test would they arrest you?
@@enaid54 Check Arkansas law. Most states do not require you to perform a field sobriety test and only mandate that you provide a breath or blood sample AFTER you've been arrested. Check your state laws and don't assist police when they are investigating you when you are not required to do so.
SCOTUS says DUI checkpoint is legal, based on it being a minimal intrusion. If they then develop PC they can definitely give a PBT or arrest you based on other evidence. If they were giving a PBT to everyone, OTOH, that's well beyond what SCOTUS ruled permissible
Wyoming? I'm looking for a place to retire. So far, I have not seen any professional law enforcement in that state. Dirty, criminal, incompetent law enforcement officers should be fired!
In other words, you've been in trouble with the law for a good portion of your life and you learned that Wyoming is not Portland.
@@eq1373 no. Actually dear old was a cop in Portland after he got out of the Army after WWII. I have a very public safety background. My gold badge tucked away in a drawer for the grandkids to play with now that I'm retired. Personally, I would not live in Portland. Or Seattle. Or California. I've lived, was educated and worked all over the World. I'm really touchy about people's civil rights. The best person in the community; most noble, honest, kind, professional and helpful should be a cop. Few are. No. I have had a few run-ins with dirty and criminal cops (a trooper and a game warden I was working with both independently warned me about the sheriff's departments:"They are dirty. Be careful"). Being a good cop 99% of the time does not allow you to be a bad cop the other 1% of the time. Good cops love me. Bad cops hate me. I promote and support good cops. Bad cops? I my mission to get them fired, decertified and even jailed. I'm guessing you are in a "conservative" political party? I was the local campaign manager for that party's presidential nominee in 2016. We had great success. I'm old. I'm known as a top level organizer, manager, leader and administrator. People and organizations seek me out. I've been busy with family issues for the past few years. My wife off 44 years is in the final stage of Alzheimer's. Like me, she can't stand dirty, criminal cops. Besides most if our children going in the Marines and coming back injured and combat wounded, our youngest son's a cop. Where I live now I no desire to stay. My family, on the European side, have been here for 425 years. Up north, only getting off the boat not many more than 400. Hm? Mayflower was the name of the boat. The native side from ten and 14 generations ago were here for hundreds of years, a thousand years earlier. Dear old dad, mentioned above, I was standing next to him when he took out a cop with one punch to the face. Knocked the cop out cold. Unconscious! One punch! A dirty cop. A criminal cop. It's a good thing dear old dad had breakfast every morning with the regional police general. Dad was the case officer (A.K.A.: master spy) for our Federal Government in that region of the World when he wasn't "up north" training, working with and leading in combat special gurilla units of Hill Tribal Peoples. He didn't stay a police officer long in America. He's a legend in the clandestine services. I was supposed to be his replacement. Wouldn't you know it, I was passing through after a contract job overseas expired (I fixed things, cleaned up messes, kept people safe when they were not to know. In fact, you didn't know I was an American). I fell in love and my wife wanted me home every evening and in a less dangerous job. So, I stayed and started a family and changed my career path. By all measures, I'm a god damned hero! You really want to piss someone off? Don't accept promotion and don't accept awards they want to give you. Write reprimands on yourself! Don't hide anything. I earned every dollar of my salary. I've earned every dollar of my reimbursement. I don't don't owe anything to anyone except my mortgage in my "under water" mortgaged property. When I die, eventually, probably in another thirty plus years, it's directed to scatter my ashes far out to sea, leave no marker, and spread my medals and badges around my grandchildren. So, what good have you done with your life? I have no fear in facing God. Do you? If so, why? Sic Semper Tyrannis!
@@davidbenner2289 not only do you have a giant chip on your shoulder, you have Aspbergers.
@@eq1373 no. You wish. I actually come from a law enforcement family and I trained, was trained by and/or worked with various local, state, Federal, military, foreign law enforcement and agents for decades. I know good from bad. Professional from un-professional. It sounds more like you "*ss-bite syndrome". I don't know if it's a medical diagnosis like you might use. Dear old Great-Grampa would probably turn in the grave to see law enforcement spiraling down. He was a town marshal in Montana and deputy sheriff in Idaho in the Old West. For a time. Now, grow up. You are in the body of an adult, I'm wildly guessing. Your mind and emotions need to catch up.
06:32 yeah... Utah finally increased the percent alcohol by weight (5% ABV) in beer sold at grocery and convenience stores to 4.0 (was 3.2) , but also lowered the legal driving limit to 0.05. Silly.
In Colorado, we have 2 levels. .05 is Impaired, while .08 is intoxicated.
Not to be that guy, but as a fellow (I assume) Utahan, and someone active in the local micro-brew and homebrew community I have to do a little bit of a nit-pick here.
There are two ways to measure alcohol content in beverages (well 3 if you count "proof" but let's not worry about that right now), one is Alcohol by Weight (ABW) which is very uncommon in the alcohol beverage industry and not what you would typically see on beer packaging, then there is Alcohol by Volume (ABV) which is the standard most people and producers use, as well as what is displayed on beverage packaging. Utah went from allowing beer sold outside the state run Utah State Liquor Stores to go from 4%ABV to 5%ABV. The ABW number is lower at 3.2% ABW to 4% ABW. There is one reason primarily that anyone ever used the ABW number. That is so that just after prohibition people could use a lower, less scary number to get alcoholic beverages permitted in their states. At one time there were several states that had a "3.2" limit. When Utah moved to 5% ABV it had become the only or maybe one of two states to still have that limit. The major beer manufacturers said that they would no longer produce beer meeting that restrictive limit.
Fun fact time. AB-InBev (the largest beer manufacturer in the world and the U.S.) was pushing for a 6% ABV limit in Utah. The main opposition to this change was Uintah Brewing, Squatters Brewing, Wasatch Brewing, Red Rock Brewing and Proper Brewing. All local Utah breweries. They strong armed the Utah Brewer's Guild (a group of Utah breweries) to oppose the legislation that would raise the limit to 6% ABV. The owner of Red Rock Brewing, Robert Jensen, spoke before the legislature giving his infamous "Little Bobby" statement. In this statement the owner of Red Rock brewing made two main points (please search for this statement if interested as it is available and absolutely appalling) which was that drinkers always just drink a certain number of beverages, so if the alcohol content is raised the drinker will drink the same volume and just become more intoxicated. The second statement was the "Little Bobby" part, where he imagined himself, Robert Jensen, as a very young child, like 8-12 years old, who very regularly took 2 beers from his parents six-pack and now, if the beer went from 4% to 6% would be like this very young child now drinking three beers instead of two beers.
This was the biggest breweries in Utah arguing AGAINST raising the definition of "small beer" from beer up to 4% abv to beer up to 6% abv. They got the first bill defeated, but AB-InBev is a pretty massively big company and they got a compromise bill in place to get the limit raised to 5% abv. So, why would Utah breweries argue against raising the alcohol limit of beer they could sell on draft, at stores, etc.? Well, what they wanted was for AB-InBev as well as Molson Coors to stop supplying beer to Utah and they could fill that void with their very well established line-up of 4% abv beers. This would have been an extreme win for them. It would have more than doubled, by a lot, their sales in the state.
Anyway, long story short, don't support Squatters, Uintah, Wasatch, Red Rock or Proper. Support others like Bewilder Brewing, Level Crossing, T.F. Brewing, Fischer, Keitos, 2-Row, Grid City Beer Works, Hopkins, Toasted Barrel, RoHa, Desert Edge, Zalupez, Salt Fire, Salt Flats and Shades. I've missed a few but that should be enough to keep you away from the bad ones.
@@CTSFanSam That makes a lot of sense to me. I do wish this was a tired system, as I think it is fine to have a penalty for 0.05BAC, but despite what many think a full DUI charge is potentially life destroying for many people.
@@gameface6091 why? That’s barely a drink for anyone (120lb).
@@Invictus13666 It is not barely a drink. It's about three beers in a hour. A man could easily have two beers with dinner and be under that limit. It is also the point where impairment begins. Not significant impairment, but some degree of impairment.
Depending on how you are drive-in and if you pass the field sobriety test it doesn’t matter if you’re under the legal limit you can still be arrested for a DUI you don’t have to blow over the limit to be too intoxicated to drive
What I was taught in Drivers Ed was over 0.05 you can be arrested if you fail the other tests but over 0.08 by itself = arrest. That seems to match with the presumptions he mentions.
I'm a computer guy and several years ago i was part of a project to interface with what you call a PBT. We had the callibration bottle, but our bosses were cool and we brought in beer and spirits and tested every urban legend we could think of on how to beat the machine. Bottom line: You can't beat the machine.
You can not get it to false negative or show less than an accurate reading. On the other hand, a false positive is very easy. One breath mint immediately before blowing will give as high as a 0.15, with some variance as to which brand breath mint. TicTac is the worst.
The breath mint effect fades quickly though, and is gone within about 10 minutes.
.05!?! Jezz, rinsing your mouth with mouthwash will get you in Dutch.
Before long, saying alcohol in a car could result in a DWI.
Is the hungry officer named Mrs. Officer Flusche?
If you're carrying around your own preliminary breath test ... chances are you have a problem.
I would like to see the officers in these cases actually get admonished for their actions. The dressing downs for such actions should be made public.
Another great video, Andrew. Thank you.
I do have a question though, is there a record for individual police officers showing arrests they make which end up getting tossed out of court?
Thanks!
best bet is you'd have to file a public records request (NOT A FOIA...so angering to see people call it that, FOIA refers to federal government only) for that officer's arrest records, and then do some research on case search for the state/county and determine outcomes of cases. would take a good bit of time, POSSIBLY a big-data compiling site out there that already has it but i'd leave that to Mr. Flusche's expertise.
@@armedferret Really? Federal only? Virginia Freedom of Information Act
§ 2.2-3700. Short title; policy
A. This chapter may be cited as "The Virginia Freedom of Information Act."
I am a total garbage driver when I am sober. I could never pass a sobriety test even if I was sober.
Should the PBT be refused if you were not drinking?
I honestly love these videos, as a police officer. I would strongly suggest you take this attorneys advice on all of his videos.
That whole thing about removing glasses makes me think, what if someone has low vision and actually needs those glasses in order to see clearly? How would they even be able to follow said external stimuli (drunk or not) if their vision was very poor? Wouldn’t that affect the test and make it counter conclusive to the results?
Breathalyzer- 5% Standard Error, amongst other factors... -inadmissible
I went to a friend's house after work one day & had a couple beers. I waited until I was pretty sure I was safe to drive. Of course I was pulled over because the cops & even the town judge had it out for me. Literally, they harassed me ALL the time. Well, I blew all zeros on the breath test. Even I was surprised! All zeros. No detection of alcohol whatsoever. I was still arrested for DUI anyway. They didn't do a blood test; just the breath test. & of course the town judge still found me guilty. Ronceverte WV y'all!!!!
You live in West Virginia, that's a Red State, sympathy withdrawn.
Innocent and still found guilty, sounds like you are the Evil Orange Man.
"A friend" 🙄
@@BillySBC yeah, they tend to enforce the law and not coddle liberals in red states. Funny how that works.
One issue with personal breathalyzers is that they could be inaccurate. Most inaccuracies are due to the failure to calibrate, so if you blow a 0.06, you could blow higher on a police PBT. I wouldn’t suggest using a personal breathalyzer unless your target is an absolute zero. Or better yet, don’t drive if you’ve had even one drink. Get a ride to the bar AND get a ride home. If you can’t afford both, don’t go to the bar
I would love to see a vid on exactly how to handle a DUI stop and one for dui check point stops. Acted out of course or just commentary on it with questions being answered from the subscribers here. I am from VA and work in a hospital. I have heard some sketchy stuff from the police after they bring someone in after they have arrested them for DUI. Or maybe do a Q&A session on this. Or have I missed a previous vid on this? Ty and ty for all these vids. They are very informative and I like knowing my rights and when to exercise them.
1:10 I could hear the disappointment of that facepalm 😂
It's simple. If you are going to drink even one, get an Uber or Lyft. It's the greatest insurance on the planet against driving while impaired.
Hey thanks for all the great content! While watching this video I remembered your best advice "don't drink and drive " That said im CDL license holder and have for years heard that cdl licensed drivers have a reduced limit of .04 aka half pov limit? Could you do a UA-cam for cdl drivers? Thx!
the major problem with a "designated driver" is your either tempting someone to fall off teh wagon or trying to talk someone into spending a night babysitting drunks when you dont drink and being around drunks sober really sucks.
personal PBTs are for knowing when to top up, not for when you're okay to drive
It surprises me how slanted these sobriety tests are...there's no benefit to cooperating unless compelled by law since all you're doing is helping the police build a case against you.
I'm a cop. What this attorney is saying is spot on.
That said, Refuse SFSTs all you want. I'm still arresting you if I think you're impaired based on my observations.
All SFSTs are is something for defense attorneys to pick apart. They're a joke.
Abolish qualified immunity
Where I live (New Zealand), you can refuse a roadside breath test but you will then be arrested. If you refuse an evidentiary breath test at the station, you will likely get the maximum penalty for DUI. Roadside sobriety tests are unknown here and there is no debate on the readings: above x = guilty, below x = innocent
In Illinois there is DUI and DUI over.08. As a Police officer I'm gathering evidence long before I stop you. Don't blow and don't talk to the Police officer, the office will write a better report. No breaks are given to those that are hostile. The best idea is a designated driver or a taxi.
There's no such thing as designated drivers, unless its a robot
Below .08 should be good to go. Some are more affected than others!
Anyone want to clarify Indiana state laws for me? Often, our police blatantly disobey the laws. I have seen the police called on the police for public urination on our dumpster. Then driving over a curb running a red light without lights on. Just curious tho what proper interpretation of Indiana's laws are.
A good DA is more valuable than a great Sheriff.
Could you do a video on the difference between the local Police, the Sheriff, the DA, the Judge and a public Defender. That is something not covered in most public school educations.
Been down to Fredricksburg a few times when I lived In my hometown in Stephens City VA. Nice town and I'm glad I don't go to Fredricksburg bars. That sneaky police waiting in the shadows around bars is scary! lol
I have a question 🙋🏻♂️ I saw UA-cam video where a man was taken to a police station, blew all zeros, and the cop said it must be something else like drugs or something because of his demeanor. The man requested a lawyer but the cop said no and that he should take a blood draw 🩸 OR HE WOULD FORFEIT HIS LICENSE 🪪 and go to jail. What’s the best way to handle that situation?
Is the roadside test voluntary in most/all states or just VA? Thx
Street lights in Fredericksburg, VA? Where???
Astigmatism can be a reason to fail the test, My Dad was pulled over for no lights. He was lucky his Mother -In -Law was there beside him. The Officer asked why no lights Dad said it was so light he forgot. My Gran spoke up this is my son-in-law I feel safer with him than any of my sons. The officer came back said it was a verbal warning not going on record. The officer add thank her for no ticket. He took her out the nest day to dinner.
If the officer doesn't say, "Follow my finger" but instead says, "Pull my finger," what should I do?
Victory!
What about someone like me, I have MS, and nystagmus since I am 18, in addition the straight line walk is difficult for me, otherwise nothing physically wrong with me, although I have it 30 years. I’ve overcome any issues associated with nystagmus, and it does not affect my vision, but my eyes wiggle.
Better than law school!
There are cars you need to manually turn your headlights on? I thought the default setting was automatic when it gets dark...
I carry around a letter from my opthamologist stating that I cannot successfully pass any kind of nystagmus test. I have a very high correction, 13 diopters which is the equivalent of 20/1300, but that's not the biggest problem. It's astigmatism.
For anyone who has a fair degree of astigmatism in both eyes, when you take your glasses off the correction instead of being regular across your eye, varies along an axis. In my case both of my eyes correct to a very high degree off a horizontal axis ( over 100 points, or 1 diopter) and neither is on the same axis. So by taking my glasses off you almost guarantee both of my eyes will not only track differently, they will also track at nearly right angles to the horizontal tracking of the light. So as the light tracks more into one field of vision or the other, my eye will have a tendency to jerk over to the correction of the other eye. Remember I have a difference between a 20/20 and a 20/100 difference on an eye chart difference across each eye, and neither lines up.
This will obviously be even more pronounced by tracking between the dominant and non-dominant eye. You may want to check the original three studies used to " verify" the horizontal gaze nystagmus test. Statistically you would need a statistically significant number of people with various astigmatic axis and corrections to see how that would work. Understand that if we are getting that kind of twitch as you track the light across it it's not that we have HGN issues, any optometrist is going to know we've got a freaking astigmatism and how the axis aligns.
FYI Kentucky Revised Statutes, as of three years ago, state you are not to be charged with DUI if your BAC is under .05. I have no idea how having one test just over, and one just under, would be adjudicated if they required a blood test let's say after you blew .045.
Bruh, the very first time I was ever pulled over was on a brightly lit road at night for not having my headlights on. I was never charged with anything and got to drive away with a warning, but still. Any idiot could see why someone would forget to turn on their headlights on that road
If you have a CDL and have a .05 big problem.
DUI = Driving Under the Influence. DWI = Driving While Intoxicated. These are 2 different things. You may be under the legal limit for a DWI but any amount is a DUI.
Pilots rule, "8 hours from bottle to throttle" (and they say this isn't even long enough) - Get a Uber.
8 hours is fine to fly as long as you had a drink or two. It's not ok if you've been drinking "a lot." If you had one glass of wine or 1 beer - you're fine 8 hours later. You must be firm on this. None of that - one or two beers. No, you only ever have one. Never more than that. That's because judges don't believe it when you say one or two. They'll think it was 6 or 8.
The fact that the prosecutor saw no impairment, one wonders about the officer making the arrest.
Many police abuse their authority, but thanks to qualified immunity ("more equal than others") there is no incentive to restrict their repeated violations.
Now, the teacher should petition to have the arrest expunged. I know this creates an additional financial burden. I disagree with the simple fact you were arrested becomes a permanent part of a person's criminal record and can be used against them in the future.
Victory?? She still had lawyer fees to pay even though she was innocent.
In South Australia I was walking through the car park of my local bar, a police car pulled in made a bee line straight for me and without getting out of the car the driver pulled out a breatheliser and said, " breathe into this". I was shocked, and said "no". Kept walking.
They drove past me to block me from going any further, the passenger got out came round to me with the breatheliser and said, " if you don't breathe into this, you WILL be arrested".
Which I thought quite funny as I was WALKING. So I thought I would call their bluff and said, " well let's go then", while putting hand on back door trying to open it to get in. But door was locked. That's when questions started, and I refused to answer, in South Australia, the law states that you must give name and address and nothing else. Long story short, I did not get arrested, one thing I did say was," can't wait to see the look on your sergeants face when you tell him why I've been arrested".
So if you blow a .06-.07... you say the defendant could be ruled innocent based on other factors... are the other factors like the physical tests we were advised to always say no too if not legally required in our state? Would this be an argument to perform those tests so you can have dash footage of the testing as evidence?
If I had already said no to the field tests... what other evidence could I potentially use as defense?
I disagree with the personal PBT. If you blow anything over 0.0 on that machine don't drive.
remember CDL drivers must have zero alcohol
Andrew, you are awesome! You're a native Texan. What the hell are you doing in Virginia?
Haha. I came up here for UVA Law School, and we sort-of stuck. Plus, I don't miss the tornadoes.
Please make a video about traffic stops concerning dogs. Particularly, when the cop doesn't have to wait for a dog to arrive.
_Rodriguez v. United States_ (2015). The rule announced in that Supreme Court case is that the police cannot detain you at a traffic stop (e.g., to get a drug-sniffing dog) for any longer than is necessary to issue a ticket for the alleged violation.
I’m glad you told me about the cops looking for involuntary twitching. I have such normally with my eyes, even though I no longer drink at all.
They should be asking about that during the medical pre-screening.
2:44 remember, that the officer doesn't make you >>refuse
4:10 good officers... lololololol
.04 is Reasonable Suspicion
Storage/Process of Blood
You don't need to be drunk to get a DUI.
Your drunk until proven not
It’s legal to drink but if you have two drinks at a restaurant you can be arrested even if you are below the limit on a breathalyzer? Seems so wrong and corrupt.
If you feel you need to check your vac before driving then just don’t.
Detained.
Just have the dd take a wallop of phenibut so they can have fun too, n put on the jose cuervo aftershave to troll them 😉
this lawyer is very wrong saying you dont have to do DUI tests .. you do or you loose your DL ....
I bought a breathalyzer to better understand my alcohol consumption and, hopefully, reduce it. (It did.)
I learned that if I swill a drink and then test, I will blow almost .20. Wait 15 minutes, down to .06. I don't drink outside of my house, but the lesson would be wait at least 15 minutes from that last drink before you leave.
I once measured .08 . I could close my eyes and touch my fingertips over and over with rarely a miss. .08 is unreasonably harsh, to say nothing of .05. The improvement in road safety will be zilch, but will mess up many people's lives.
Can you do a video on what to do when a police officer says you match a description when you know your innocent?
I've actually had this happen to me twice. The first time I fell for it & coughed up my ID. The second time I had a little fun with them. I'm amputee, I'm missing one hand. When the cop told me I "matched the description" I asked him which foot the person they were looking for was missing. The look on their faces was priceless. The partner tried to bail out his buddy by jumping in & asking me which foot I was missing & I just sat there with a smile. They walked a few feet away & talked it over, then came back & guessed my right foot. I laughed & said "I'm not missing either foot." They both turned really red & did the walk of shame without another word. 😁
@@Taylorchef Such a nice story, thank you for sharing. I'm sorry I didn't see it before.
@@Taylorchef cool story bro, even after you get past the smell of bullshit
@@eq1373 okay Barney Fife.
Cool! I am a sober driver. Next time I'll "purposely" forget to turn on my headlights in hoping to waste a officer's time!