Should You Take Field Sobriety Tests When Pulled Over for DUI?
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- Опубліковано 29 січ 2024
- In today's video I talk about should you take field sobriety tests as well as what happens if you refuse field sobriety test and finally do you have to take field sobriety tests.
DISCMAILMER - This video is for educational purposes only. I recommend seeking professional help from a practicing DUI attorney to verify anything.
I do not condone drinking and driving. I just want to help inform others of their rights.
Unfortunately, drinking and driving happens all the time all around the world. Here in the United States, most states follow the same laws in regards to remaining silent and having the field sobriety tests be voluntary.
It is always wise to know the laws in your state regarding this DUI, field sobriety testing and your rights. - Авто та транспорт
Rule 1. Dont get pulled over. Make a u turn take off
😬
Getting it reduced to a negligent driving seems more like an overburdened prosecutors office trying to get rid of cases vs. there actually being an issue like no probable cause for the arrest. If there was truly no probable cause, a good attorney would absolutely file a motion and get the charges dismissed.
Yeah, I agree. I think the officers said they would smell alcohol and my buddies were swerving a bit. I think that can be some probable cause too.
If you intend to go with the remain silent strategy (which I recommend), remember these two critical things. 1) Remember to tell the LEOs this is what you're doing, and 2) actually remain silent. If you start talking again you have waived the right to silence. You can't pick and choose what you want to say.
Good point!
Thanks! This is a good strategy. I definitely agree polite silence is the way to go, as the police are taught to ask specific leading questions, designed to trick you into an admission of guilt, whether it's speeding, or drinking. But I have 2 questions. Altho you can decline field tests, aren't you legally required to step out of your car if requested? & What are actual probable causes that would allow the arrest of someone they've pulled over? For instance, wouldn't driving in a dangerous manner (suggesting the driver may be texting, or impaired) be probable cause? Know you're not a lawyer or police, I'm just curious... 🤔
Good questions. From what my lawyer friend said, police legally can order you to stay in your vehicle or step out. This is per the supreme court. DUI probable cause can vary depending on a few things. If the officer sees an open alcoholic container in you car, that is probable cause. If he sees you swerving around the road, this is probable cause although it can be argued in court by a lawyer. You could have been distracted, or maybe your car was blown by the wind or you were swerving to miss a animal on the street etc. I can vouch that my Jeep Wrangler is easily pushed around the road by strong winds. Officers can also say they smell alcohol from your person, but again this is argued in court as it's not really concrete evidence. Officers are not drug sniffing dogs. The biggest way police get DUI concrete probable cause is from the field sobriety testing.
When does it start?
You have the right to remain silent right from the start of the traffic stop
I just blow in the tube and say have a nice day or thanks for the warning or whatever Im not american
Remain silent my friend!
yeah sure