You beat me to it. These cops aren't making mistakes the same way the cop that pulled Steve over for "may have touched the line" didn't make a mistake...
@@jerseyshoredroneservices225 Yes, this is a reason why cops are going to start to have to worry about the dashcams etc in cars. They document the lies.
It's a race to see which cop gets the most DUI arrests to get the MADD money rewards. They should require breathalyzer/drug test results to be considered for money/awards, not simply arrests.
@@e.jameszettlemoyer3819 police brethalized me when the driver blew a 0, wrote a ticket at a speed trap the speed changed 10 feet infront of us, and searched the car. We were afraid of the officer so we let him do it. Gave a ticket when a gps fell. Gee wonder why we got trouble with trust with police.
There is a program that rewards police for bringing a person in for DUI. You dont have to be convicted, the reward is for bringing you to the station and getting the process started. By the time the blood analysis comes back (months) you've already put a huge amount of money into the legal system.
If I’m ever falsely arrested for DUI I’ll lose my job. That puts my home, car, and family at risk. I can’t afford to wait several months for a negative test. That’s some S-tier BS
@@jollyandwaylo I have a great job but I have to drive there. We all can’t work from home unfortunately. Not many driving focused jobs like truck drivers and home service jobs won’t wait that long.
@@DrVincentDoom I think he means a job that fires you for being _accused_ of a crime, rather than considering you innocent until proven guilty, could be improved upon.
Would not be shocked... the "legal system" is full on corrupt from top to bottom! More awareness is required for people to start waking up. It's rampant with evil actors.
They also had to pay towing and impound fee. Same things happen when someone steals your car. Either way your a victim of a system designed to take money from people regardless.
@@e.jameszettlemoyer3819 Quite the industry it is -Every year, MADD honors law enforcement for the number of impaired driving arrests made annually along with first responders, prosecutors, probation officers and MADD volunteers.
It is! But the lawyers and the Judiciary enable this govt criminal conduct. Govt criminal conduct that is rampant from the top to bottom all across the USA. It starts with the DoJ.
The story about Texas town Coffee.. I was grateful for them being shut down.. I never been to Texas and never will, but having 50 cops in a town of 499 .. all residents are afraid to drive..
Who is going to compensate the arrested person for the impound fees, lost wages, marital issues, lost job, or other complications caused by the bad arrest?
@@timrosencrans7955 Except that they had no alcohol or drugs. Saying vs believing are not the same. What about all the expense that the accused has to deal with? There should be consequences. A one off is not an issue, but multiples is an issue.
If you are arrested for DUI and subsequently come up totally sober on breath / blood, you should absolutely be able to sue the hell out of the officer and department that arrested you
It's terrifying to see how many negative consequences you will suffer *just because of the accusation.* You are treated like a criminal, *whether you were sober or not.*
Same for a lot of other false accusations. SA, domestic abuse, assault and/or battery, various types of homicide... All are VERY serious crimes, and a false accusation for them will ruin your life even after the accusation has been proven false. "They would not have been accused if they weren't the kind of person to do that crime in the first place. What a scumbag!"
A friend of mines mom is suing the Maryville TN police dept. They arrested her for DUI. They say said she had slurred speech. She had a stroke last year and has MS. No side of the road test or breathalyzer or blood test. Straight to booking. She is suing under violation of American disabilities act.
HOWEVER... Should someone with a stroke and MS even be driving?! Was she weaving in and out of traffic? She's a menace on the roadways. There are times when a person needs to turn in his/her license.
@@jsivco3sivco785 If she wasn't weaving in and out of traffic then she's not a menace on the roadways right? There are times when you need to sue the police department for violation of American disabilities act.
Hey I'm an old man with a history of way too many sinus infections over my life. There are several areas of those tests that I could not pass from a balance standpoint. We need to establish some laws that keep employers from firing or changing employment status until the employee is proven guilty. Let's get back to "Innocent until proven guilty".
Always refuse the field tests, they are not required. Yes, they will arrest you and take you to the station for breathalyzer and/or hospital for drug blood testing, but then they will have to release you when the results are negative, because they will have no grounds for the arrest. If you do the field test, then their made-up reading is the "grounds" even when your breathalyzer/drug test is negative.
@oldretireddude Don’t feel bad, as I couldn’t pass or even do most of, if any of the “roadside tests”, outside of the handheld breath testing devices, either. I’m 44(will be 45 in a few weeks) and have a physical disability(I walk with a cane, due to a moderate to severe injury to my left leg, from my time in law enforcement), but I am otherwise ok, fitness-wise, but those test, while the “best” they could come up with, show little to nothing in reality.
Will employers be held liable if they let someone with a DUI arrest continue to work and that person shows up drunk to work and hurts/kills somebody while operating machinery or a vehicle? If someone is driving drunk how can you trust them not to do the same at work?
Many years ago I got pulled over at 3am driving home. The cop asked if I had been drinking. I told him I had a couple of beers about 8 hours ago, the truth. He called for backup, so there were three cops on me, and had me do the field sobriety test, and then blow. I came back clean, and he told me, "I could use discretion here, and give you a DUI, but I don't feel like doing the paperwork", and let me go. What jack wad.
He took 2 other officers away from what other duties they had that night to harass you, but then didn't feel like doing the paperwork. Says all you need to know about pigs in uniform.
DON’T TALK TO THE POLICE. DO NOT TALK TO THE POLICE. DO NOT SPEAK TO THE POLICE. DO NOT TELL THE POLICE ANYTHING. DO NOT MAKE MOUTH NOISES NEAR THE POLICE.
@@codecixteen -- Adding to your comment: *Anything you say will be twisted and then used against you.* (Well, generally, it's a good idea to let them know that you are exercising your right to remain silent, otherwise you are "uncooperative" for not saying anything and not explaining why.)
As an eye doctor, I see 20 plus patients a day, most patients eyes are glossy from dehydration from to much caffeine, to much screen time, makeup and contact lens abuse. It so bad it affects their ability to see 20/20 during and eye exam with equipment. Please stay hydrated so you don’t look drunk.
@@jack002tuber -- Did you understand the message? Not necessary to point out typos unless the message is unintelligible or the person is being a bully.
Qualified immunity is needed. But only with the intent it was originally created. Not for crap like this and the 1000s of other times cops use it to get away from responsibility for actions they obviously knew they should not have been doing.
@@denisrichard58 Qualified immunity is not needed. There wasn't a problem before the Supreme Court invented it by legislating from the bench. Remember: qualified immunity is designed to protect government officials who have broken the law.
The most ridiculous false DUI arrest I've ever seen was an Iowa college athlete. That kid was clearly sober did the sobriety test fine and then they were going on about glassy eyes and slurred speech. He repeatedly requested a breathalyzer and finally when they gave it to him he blew triple zeros. When that didn't go the way they wanted they decided to arrest him under suspicion of driving after smoking weed. He's now suing rightfully so.
Happened to my 18 year old grandson Jaden decker this year, he’s a country music singer. he wrote a song about it called thrown to the wolves that went viral. His story vent viral on multiple utube channels. We’re in Missoula Montana.
I saw that video I believe on The Civil Rights Lawyer's channel. Terrible & shameful what happened to Jaden But I'm glad he wrote the song to bring awareness. Plus it's a really good song!
There is also a problem that even if you 'blow high' on the breathalyzer and 'test high' on the blood test, there are other reasons for high alcohol in your system than "You were DRINKING!": Untreated diabetes to name the biggest one.
Never been punished for something that you didn't do? Ie Paying your electrical bill and some knuckle head decides to falsely accuse stealing power. Yeah a full summer of +106 F without power.
In texas, the cops will purposely not breathalyze you because the law does not require them to do that to make an arrest. A BAC level of 0 would help you defend yourself. If they deny you the BAC reading, you'll have no defense. Lots of innocent people get charged with public intox or DUI. Never ever ever walk near an officer if out at night in a place like texas. They target people not in large groups for bogus arrests. I knew someone who got a PI charge for leaving a party early, had to lawyer up, and got the case tossed. But that requires luck because if the law does not require a BAC reading, they can still convict you even with a lawyer advocating on your behalf. I suspect if he was not white, he would have been convicted.
I had a Brazilian landlord 15 years ago who told me a story about when he first got to the United States. He only spoke Portuguese not English at the time. Long story short, he is pulled over and arrested, taken to the police department where another officer administers a breathalyzer. The result was a 0.0, the officer administering the breathalyzer yells at the arresting officer (he had no idea what was being said at the time), who then proceeds to take him back to his car and apologizes. The biggest shocker is the cop actually apologizing.
The night in jail is nothing compared to what comes next. Lawyer fees. Temp loss of drivers license. Pre-trial restrictions. Insurance issues possible. Arrest is on your record. Could lose your job especially if driving is part of your job. Your reputation/humiliation. All of this BEFORE any conviction so even if charges dropped you still face it all.
I found out that some people are required to pay for a device for the ignition in order to be released pending trial. That's about a thousand dollars minimum just for the device.
@@jessicaanderson7885 thats only if you have prior convictions of DUI and it very unusual and jurisdiction dependent. not something you should worry about before a conviction
@@johndonovan7018 Not according to the latest update on this story from Tennessee. This woman had to get the device and she had been sober. She had to finance the device to get released.
Steve; my daughter is set to graduate Cumberland School of Law NEXT MONTH..... she and a girlfriend left a birthday celebration at a local steak-house in August this year, and my daughter was driving home. She "sat too long" (the reason the cop gave her) at a traffic light after it had turned green, and was pulled over 2 blocks later. She was asked the standard questions, "where are you going?"..... "where have you been?", etc etc..... being the polite person she is, and with zero reason to worry, she answered truthfully; well once the LEO heard they "had been to a Birthday celebration".... the drinking/sobriety questions began. (NEITHER OF THEM HAD HAD ANYTHING OTHER THAN SODA TO DRINK) Long story short; they both refused the FST and the breathalyzer. My daughter was arrested for DUI, but they would not let her friend drive her car home because she refused testing as well, so the car was towed and the friend had to call an Uber. My daughter spent 12 hours in jail, but let them draw blood because she KNEW there would be no alcohol or anything else to show up, not even an RX because she does not take any meds. She informed her Professors and admins the minute I picked her up from jail @ 10:00 am the next morning, and they were fine after she explained the details and circumstances; one of them advised her to go to LabCorp and get a private blood test, "just in case, as insurance" even knowing it had been 12 hours since she was arrested, so we did just that and simply paid out-of-pocket. Fast Forward to November 7th, just over a week ago; the blood test from intake @ the jail proved there to be 0.00 BAC, AND for any other substances, as was the private test. The judge dismissed the case entirely, and ordered the arrest to be expunged. (good luck with that, right?) This could have totally derailed these last four years she has busted her tail for to maintain the highest of grades and graduate, as well as taking the BAR in February of 2025!! I am 99% pro-LE, but there are simply too many badge-heavy cops out there looking to stack up a *body count* with BS arrests, especially knowing they are mostly protected by "qualified immunity"!!!
4 years ago I was arrested for DUI when I “failed” a field sobriety test BECAUSE I COULD NOT STAND UP TO DO THE TESTS. And I was also initially charged with resisting because I couldn’t get out of my car and walk to the police car. I had been in a serious motorcycle accident where my foot was crushed a few months before and was still using a Walker or wheelchair depending on how far I had to go outside my car. I blew 0.0000 & was released the next morning after being arraigned. After spending $3000 on attorney fees it got dropped.
Are government employees and the government exempt from the Americans with Disabilities act? If not, I’d think they would open themselves up to a big ADA lawsuit for actions like that toward a person who is disabled. I have disabilities from an accident decades ago including nerve damage from a broken back, and an arthritic ankle. It’s been over 30 years since I could pass any sobriety test involving walking or standing. So I guess I’d automatically be arrested if pulled over on suspicion of DUI for being too disabled to pass a sobriety test even while sober?
I believe it was Colorado that had an officer recently awarded for having the most DUI arrests for his department. Not mentioned was the fact that many of his arrests were sober drivers.
There’s one in Georgia also, partly because he took something like a 6 hour course that made him a “drug recognition expert”, and was awarded for making the most drug arrests in the state, ARRESTS, not convictions.
The City of Loveland has reached a settlement with a man who was arrested on a DUI charge in 2020 even after he blew zeros during a breathalyzer test and after a blood test came back negative for any drugs.
From a lawyer in my family: By the time a cop asks you to perform a sobriety test, he has already decided to arrest you. Refuse. Then he won't have the sobriety test to use against you in court.
Check your state laws on that, in Ohio we have 'implied consent' where we have to submit to a breathalyzer test or face automatic license suspension, for us field sobriety tests aren't likewise mandatory but I assume other states might be.
@@pete84101 irrelevant. it's easier to fight the license suspension than it is to fight a DUI charge. And even if you don't win... your license is only suspsended for a little while. A DUI/DWI is far worse anyways. Refuse. You literally cannot win. All you are doing after is controlling how much you lose.
@@pete84101 if you get a DWI your license will be suspended anyways. Usually you have to do the breathalyzer or face suspension. Do that or a blood test, never ever do the test on the side of the road. If you get arrested and have no intoxicants in your system, the prosecutor is very likely to dismiss the case. If you take the sobriety tests they can use those to say you were impaired on something else. Don’t do those tests on the side of the road
Field sobriety checks are subjective. The officer can assume anything he-she wants to assume. Decline those tests and take the breathalyzer. And urge your legislators to outlaw subjective tests. Also that blood test results not processed with 24 hours should be disallowed.
That's the idea. You can't do anything. Police have become tyrants and highwaymen. MADD dishes out payment for arrests - not arrest with a conviction. They're all driven by greed. They absolutely DO NOT CARE if they ruin 600 lives as long as they fill their quotas, get their money, advance in their careers. Being a police officer should just be called "professional predator". It's a damn shame because I remember a time when police officers were honorable men we looked up to.
You have several options…..Not having a drivers license or being a judge or an attorney or cop. If you only have a state ID it’s different than a DL. Not the same contract.
You can avoid being arrested for traffic violations/ misdemeanors if you have your drivers license in a different state than the one you normally travel in.
@@nukepuke932 When he hate turns to action they will care and nobody wil care about them getting what they have given. Which is why all the good cops have left the profession.
I live in TN and I have been in touch with my legislator who sits on the committee who oversees the TBI, the committee is currently investigating this issue.
Qualified immunity. Every officer in the state shifts to the department to their left. Status quo continues. Individuals should be able to sue the state, city, and individual officer for these kinds of extortion attempts.
The problem here is not just that it happens. It is 100% INTENTIONAL when it does. The police officer is knowingly and maliciously arresting the person illegally. And anyone all the way up to the judge involved is a complicit POS. The fact that an officer is allowed to do this in front of other officers and get away with it without being arrested by their fellow officers for an unlawful or illegal arrest is disgusting. Even .01% arrested is completely unacceptable. There should not be even 1 person ever arrested this way. EVER!!!
The committee who oversees the TBI also directs the TBI's actions. They already knew what the TBI was doing and probably signed off on it. As the other commenters said, don't hold your breath.
This is why anyone who gets called to jury duty needs to go and scrutinize officer testimony, procedures and their disciplinary history. The US justice system is corrupt and it’s up to us to fix it.
Something that's glossed over is the fact that (at least in my area) it can easily be over $1000 to get your car out of tow even after only 1 night and it can increase over $100 per day. On top of that, it's on the books in my state that the car MUST be towed for a DUI arrest under law; no one can come by and pick it up no matter where you got pulled over at. You don't have that money and have no means to get it? Tough luck, enough time passes and they auction your car off and you get nothing. Do the innocent get compensation for this? Of course they don't! This is enough to completely eliminate somebody's livelihood because if they don't get fired for missing work for the arrest, they could lose their job simply because they have no way to get there without a car. Now they've gone from getting pulled over and wrongfully arrested to the slippery slope that can lead to homelessness or resorting to crime just to make ends meet. With the way homelessness is increasingly criminalized (even though they are contrary to laws that say laws cannot be made that criminalize people based on their economic status, no matter what the supreme court says), they're basically forced to decide what flavor of criminal they're going to become. So I agree with Steve here, with the extra mile that beyond exoneration, they deserve reparations and the heads of everyone who had turned a blind eye to this for so long.
A couple of months ago I got pulled over pretty much because I was leaving a bar at closing time. And I drive for Uber. I refused to answer any questions or perform any tests. I believe the only reason I didn't get arrested was because one of the sergeants on duty knew me personally and knew I do not drink.
Steve , I am a former UK police officer , it's a simple fact that these officers saying ' the eyes were blurry or glazed ' or ' their breath smelled of alcohol ' etc , are just lies and purely fictitious if someone blows ' zeros' , those statements cannot possibly be true , if they repeat those statements in a court , the officers should be charged with perjury , the science says one thing yet the officers want you to believe they know better with nothing to back it up other than their word. I still don't understand , as a former officer , why they don't just breathylize someone 1st , rather than get them to do these silly tests which prove nothing ( we do not do them in the UK because they are useless) , the breathylizer says whether you are over or close to the limit or not at all. I now have a condition ( peripheral neuropathy)which makes me unsteady on my feet and because of that I do not drink any alcohol at all , I would not pass any field sobriety tests whatsoever but would blow zero's all day , every day . Just ' bag them ' , if they pass , let them go , if they fail , arrest them , it's not rocket science.
Because they have perverse incentives outside of the law. They are using this to gain money from incentive programs inside the station, not to enforce justice on the streets. This is racketeering, not law enforcement.
In the USA, they can not breathalyze you unless they believe you are drunk. Which is where the field sobriety test come in. However refusing to do the fst is what they call "probable cause" and use to breathalyze the "suspect". But what makes it worse is they need no "probable cause" to ask you to do a FST. It's a system geared to destroying innocent people and circumventing the law to get "probable cause"
Same down here in the little colony of Australia. First stage is a breath test. Blow under the limit, and you're on your way. Blow over the limit, you wait a short while for the booze bus, with the "big" machine. Even the police down here don't have time to waste on these silly, useless field tests, they should be a thing of the past.
Happened to me in Tennessee in 2017. Case was dismissed. It took 9 months several court dates and over $4000 in legal fees. I told him I was disabled and couldn’t do the FST. He said well just try and see how you do. I fail of course, I have spinal cord injuries. Even the jail staff didn’t understand why I was there.
I got pulled over one morning and the cop did the old " I smell a strong odor of alcohol". I responded with "it must be coming off you because I haven't had a drink in 15 years". He didn't think that was funny and I had to go through all the sobriety tests. I had to blow. Got a 0.00. The whole time the cop was just ignorant towards me.
+600 tells me two things. First being that this problem is a failure of leadership, the training officers receive to determine DUI intoxication levels is severely flawed and being abused.
Field sobriety tests are highly flawed to begin with. People can be well over the limit, but still able to pass the tests. People also can be sober but nervous or have other issues that make them fail the test. Some of the quick field tests are good for a quick assessment. But, they should only be used as a means for more testing. Even though the roadside breathalyzers aren’t the best it’s at least a much better tool than someone going by feelings.
@@power2084 yeah even if you can sue them, the damages aren’t likely to be much. Damages are meant to compensate you for the wrong done and you can only get damages for what is reasonably foreseeable.
I would love it if some time in a civil trial, where the person whose charges were dismissed is suing the police department and the jury gets to watch the field sobriety test as conducted by the arresting officer. And then has the arresting officer go through the exact same test in front of the jury.
Every single one of those people, should sue the State for Cruel and Unusual Punishments. 600, getting $1 million out of the State's budget EACH? I bet the state would get off it's ass and crack down on this shit. Stop letting the Government to Violate your Constitutional Rights!
The problem is the wide-spread trainings that police go to that teach them how to determine if someone is intoxicated using subjective criteria that don't really have any basis in science.
Has nothing to do with training, these officers know exactly what they are doing. They don't care about you rights and only care about furthering their careers. If there was ANY accountability for LEOs this wouldn't be happening.
There's a reasonably straightforward solution to this, which is already widely practiced in Europe: 1: A subjective "field sobriety test" is not considered probable cause for an DUI arrest. A handheld breathalyser or field drug-test kit is. Every patrol unit likely to make a DUI stop is issued with a breathalyser, so that an objective standard of probable cause can be established at the roadside. 2: A forensic-grade breathalyser is installed in the police station, and is used to confirm the reading of the handheld breathalyser within a short time interval of arrest. Suspects have the right to choose a blood test as an alternative to the breathalyser, but in that case they have to wait for the blood lab. The breathalyser gives very fast results, which are sufficiently robust to form the basis of criminal charging. 3: At any point, the suspect may refuse to be tested using either a breathalyser or blood test. But in that case, an "adverse inference" is automatically taken, and the suspect is charged with refusing to submit to testing, which carries exactly the same penalties as DUI.
This show the sobriety tests in the US is old outdated. This is why Europe and others scrapped it looking time ago and only use breathalyzer (and bloodtest). No room for opinions with a breathalyzer result. It is overdue to do the same statewide here too.
One small problem. It's a machine and CAN be wrong (less so with larger desktop models). One USA manufacturer kept delaying handing over 'proprietary' code for the device in a case when ordered to - keeping the DUI case alive - and it showed when looked at that is had to fail 32 times IN A ROW before it showed a device fail msg. IE, it was giving itself 32 erroneous before alerting that they were erroneous, IIRC it was because it was bloated code, and that was the 'fix' to make it work.
@@jondspen Which is a crock! I was subject to a random drug test at a defense contractor job I once had - it literally took me longer to pee into the cup [I have a bashful bladder...] than it took to get the results! Sure, maybe those results aren't as accurate as the drug lab, but they are months faster. But the police don't want to do that because it costs them more and they get fewer arrests.
This is in nuts, in the UK if you are stopped by Police they breathalyse you at the road side if you test clear they ley you go, if you test positive they take you to the station and you get breathalysed on a more sophisticated desktop model and that is the definitive test and if you show negative they let you go. Being breathalysed and testing negative and they decide to arrest you for that is insane.
In the USA, even if you walk/talk normally, pass breath test with 0.0, they will still arrest you saying you are on some type of drugs. Only way you win is going to jail and taking a blood test then waiting for 3-4 months as your life is destroyed.
@@Milo_1368 And the humiliating tests are not. Breathalyzer tests show only the relevant thing. It does not tell anything else so it is not any invasive test.
Reminds me of community in Florida that used traffic stops as a fund raiser. Because when you go to court you incur court costs. In the case of a dui even if charges are dropped, along with the things you mentioned you also incur the cost of an attorney. The attorney fought for you doing his job. He isn’t going to refund his fee when the lab report comes back 0.00. This needs to become a class action suit.
I recently followed a sheriff's SUV up a mountain canyon road. Like many drivers, they bounced between the lane markers in turns. All the over correcting drives me crazy. I thought of Steve getting popped for crossing the "fog line".
However, before MADD there were a huge number of people driving drunk and cops didn't care. So overall, MADD was a good thing. The cops abusing their authority in this and many more instances is the problem, not MADD.
They are not based in science at all. They’re just a means for police to gather subjective evidence against you that a jury of angry mothers will see as proof from on high that you were drinking and driving.
seems the Police rely on subjective testing methods a little too much. K9 searches, smell test, visual observations. Anything hard to disprove in court. Then if they search saying they smell alcohol or drugs, find a gun they get a pass on being wrong because they found something illegal.
@ you have to submit to chemical testing not FST. They can ultimately charge you with DUI just because they feel like it in any state because they’re tyrants with too much power.
What about the tow bill? The job loss? The legal fees etc.? These people have suffered losses yet the police departments aren't making folks whole? Not only this but those involved with processing people with a ZERO test need to be punished.
@@chrisforker7487 Field sobriety tests are inadmissible in courts. They need a test that is reproduceable and meets standards. Those includes blood tests and breath tests.
born and raised in middle TN. many years ago in the early 2010s and I was going to vol state in gallatin at the time and I was going in for 3 exams that day and I was pulled over at 7:15am about 5mins away from the campus and the cop did an hour of tests on the side of the road and of course I was a walking zombie from 3 days of cramming. He wanted to arrested me but I demanded a breath test and he told me that it would a while to get there, I wound up missing all my exams that day and thankfully was able to retake them because I had dash cam footage of the entire exchange AND at the end of it the cop still gave me a written warning.
If the state will not allow you to resolve it in 30 days due to back logs in getting test results (which seems to be the norm these days) or other complications with the court system, does the employee have any recourse? It seems to me you wouldn't want to lose a good employee who is prevented by the court system from following the rules.
You could also invoke the 5th and not answer any questions. Issue would be how petty is the officer. While they are wasting your time, they are getting paid, you are not. Different case of a guy, he was made to do field test, a breathalyzer, and made to go to the station to get the more accurate reading from the machine they got their. Perfect field test, blew zeros, and all that did was make officer change from “you smell of alcohol” to your “your on something.”
No. A road side test is not required to charge you. Because they are subjective they are inadmissible. Refuse a blood test or breathalyzer though and that is cause to arrest you. Demanding a lawyer will not stop the processing of the arrest. It will count as refusing to take a breathalyzer or blood test though. That is not an anomaly in the Fifth Amendment as courts recognize a requirement to process the tests. Plus, you agreed to take the tests if demanded by LEO when you signed for your license.
I always want to tell the police officer if they can do the field sobriety before me, then I'll consider it. But ALWAYS reject any field sobriety requests, they are like carnival games (rigged against you).
The DUI stops is just a racket within a period of six years. I got pulled over twice and was arrested for DUI. Both cases were dismissed before I ever got to court as a higher attorneys and it showed the video and the written report were different. I wanted to go after the officers, but my attorney said all that would happen is his comrades would harass me all the time is best to let it go but it still cost me $15,000 in attorneys fees
@@magnetmannenbannanenI’ve moved countries 2x and I can tell you there is a 99% chance you won’t. It is too difficult. If people who say this were serious they already would as this is already happening.
@@magnetmannenbannanenyou do know it’s not easy to immigrate to another developed country; normally unless you have a bachelors degree or 10 or more years of experience it’s going to be impossible
Same here. I had a major spine surgery in March and have a broken screw in my spine. I can barely get in and out of the car right now. I sure couldn't pass any tests.
A suburb of Seattle has a cottage industry of performing DUI arrests on every vehicle on hwy 99 between 2:00 and 4:00 AM. So many of them were determined to be sober but still sentenced because that's where the money was, that they were the subject of a federal lawsuit, which the cops lost. They were still at a couple years later - just too much money to be passed up.
This is EXACTLY why i chose not to pursue a career in law enforcement and bring a police explorer. Its better that 10 guilty go free than one innocent go to jail
I got pulled over for dui, wasnt drunk. Spent the night in jail. Got out on a Saturday. Had to wait till monday to spend my whole check to get my car out of impound. Found a bunch of other ppls belongings in my car id never seen before. Matches/pens etc. my license was taken from me and i was told it was suspended. I had to take three days off work at separate times as my court hearing got pushed back twice. On the third time going to court, i was told the da isnt picking up your case you're free to go. I was jerked around so badly, and come to find out my license wasn't suspended even though it was taken from me and that getting rides to work everyday for the last 4+ months was completely pointless.
I mean, how come there are not 600+ cases of false arrest and false incarceration, unlawful search and seizure and multiple charges of deprivation of rights and the color of law for each false DUI arrest? Because if you falsely arrest somebody and falsely incarcerate them and unlawfully search and seize them in that process while I’m possession of firearm, everyone of those things is a crime!
@@BruceLangman-qy2jl 10% of people have a driving infraction on their record in the past 18 months. .000000015% of cops have driving infractions on their record. Things that make you wonder.
It's basically a coordination test combined with Simon Says and it's designed purely for the benefit of the police to gather evidence AGAINST you. If you're naturally uncoordinated you're already at a huge disadvantage and if you misinterpret the instructions or the police are bad at explaining the instructions that can count against you too. The police officer is also the judge of the test which means it's not impartial. No matter how well you perform the police officer can say it wasn't good enough and you appear to be intoxicated.
A reasonable solution might be when an inaccurate DUI arrest is made then later resolved, all fees & other expenses incurred are refunded to the driver. While not ideal, such an expense might make law enforcement a bit more careful. 😊
I suspect that some departments have quotas. Whoops I'm sorry, they aren't quotas, they are "Key Performance Indicators." And I suspect that they are on DUI arrests and not convictions.
I've had ear troubles since birth and have very poor balance. I can't pass a on the road sobriety test if you offered to pay me a million dollars. I can't walk a straight line or even stand up straight for 2 minutes without tipping over.
The tests are subjective, i denied the road side tests, they told me it could take a year or two to get the blood tests back, i expect to hear nothing about it, but I'd really like to expunge the arrest, as i understand it can show up on a background check
They don't need "retraining". They know exactly what they are doing. They need to be held accountable for false arrests.
All the way up to having funding cut as a penalty. Yup, I said it: defunding.
The have been trained to abuse their authority to create illegitimate taxation
You beat me to it.
These cops aren't making mistakes the same way the cop that pulled Steve over for "may have touched the line" didn't make a mistake...
Oh, the taxpayers are.
@@jerseyshoredroneservices225 Yes, this is a reason why cops are going to start to have to worry about the dashcams etc in cars. They document the lies.
This isn't about bad training. It's about quotas.
It's about the money from the grants from the federal government, MADD and the cost it takes to fight the unlawful arrest
It's a race to see which cop gets the most DUI arrests to get the MADD money rewards. They should require breathalyzer/drug test results to be considered for money/awards, not simply arrests.
@@Rkbmommathere shouldn't be a reward for arrests, maybe some award for the most convictions but definitely not any financial incentives.
SOMETIMES BAD TRAINING , SOMETIMES BAD COPS
Makes me think of the cop who tested a man's daughter's ashes and it showed positive for drugs.
You committed the crime of being pulled over by a cop that needed to make money.
We should be able to sue MADD. They offer incentives for DUI arrests (not convictions).
@@e.jameszettlemoyer3819 police brethalized me when the driver blew a 0, wrote a ticket at a speed trap the speed changed 10 feet infront of us, and searched the car. We were afraid of the officer so we let him do it. Gave a ticket when a gps fell. Gee wonder why we got trouble with trust with police.
Policing for profit
@@e.jameszettlemoyer3819that's the problem, getting money for the arrests regardless if there's no actual convictions
There is a program that rewards police for bringing a person in for DUI. You dont have to be convicted, the reward is for bringing you to the station and getting the process started. By the time the blood analysis comes back (months) you've already put a huge amount of money into the legal system.
If I’m ever falsely arrested for DUI I’ll lose my job. That puts my home, car, and family at risk. I can’t afford to wait several months for a negative test. That’s some S-tier BS
Police departments should be liable for all damages caused by a false DUI arrest
You need to find a better job.
@@jollyandwaylo I have a great job but I have to drive there. We all can’t work from home unfortunately. Not many driving focused jobs like truck drivers and home service jobs won’t wait that long.
@@DrVincentDoom I think he means a job that fires you for being _accused_ of a crime, rather than considering you innocent until proven guilty, could be improved upon.
@jollyandwaylo if you have a CDL you will lose your license if arrested for a DUI.
"There's something wrong with the way they're doing it." Yeah, it's called lying under oath.
Investigate how many people lost their jobs because they were arrested of a DUI but turned out to be 100% sober. You would be shocked.
Would not be shocked... the "legal system" is full on corrupt from top to bottom! More awareness is required for people to start waking up. It's rampant with evil actors.
all those people need to sue. these are slam dunk lawsuits
They also had to pay towing and impound fee. Same things happen when someone steals your car. Either way your a victim of a system designed to take money from people regardless.
Class Action Lawsuit against the police. What a pipe dream.
@@Metqa With so much evidence. It would be a slam dunk pipe dream
Policing for profit should be unconstitutional and thus illegal.
Most cops don't give a F about the Constitution.
We should be able to sue MADD. They offer incentives for DUI arrests (not convictions).
@@e.jameszettlemoyer3819
Quite the industry it is -Every year, MADD honors law enforcement for the number of impaired driving arrests made annually along with first responders, prosecutors, probation officers and MADD volunteers.
It is! But the lawyers and the Judiciary enable this govt criminal conduct. Govt criminal conduct that is rampant from the top to bottom all across the USA. It starts with the DoJ.
The story about Texas town Coffee.. I was grateful for them being shut down.. I never been to Texas and never will, but having 50 cops in a town of 499 .. all residents are afraid to drive..
Who is going to compensate the arrested person for the impound fees, lost wages, marital issues, lost job, or other complications caused by the bad arrest?
Taxpayers if anyone
nobody
if they sue? yes the taxpayers. def not the cops, or their union, or their pension, etc... cops have immunity.
This is why you don't want the government operating as a business.
If officer arrests and test comes back at 0.0 the officer is guilty of FRAUD and should be charged minium 5 years in jail
It sounds good at first, but then officers would make 0 arrests for any dui.
@@EvilAlchemist720 Then they get fired.
Why. Arrest is legal as long as the officer believes it is. There is nothing wrong here
@@timrosencrans7955 Except that they had no alcohol or drugs. Saying vs believing are not the same. What about all the expense that the accused has to deal with? There should be consequences. A one off is not an issue, but multiples is an issue.
Or at the least suspended without out pay for a period of time due to poor work performance.
If you are arrested for DUI and subsequently come up totally sober on breath / blood, you should absolutely be able to sue the hell out of the officer and department that arrested you
We should be able to sue MADD. They offer incentives for DUI arrests (not convictions).
It's a big club, but we're not in it. They are not going to change out of any sense of honor or common decency.
@@e.jameszettlemoyer3819agree totally. M.A.D.D. is a garbage organization that is easily manipulated and used by LEO unions.
Qualified Immunity. Add your complaint to the suggestion box and they’ll get to it right after Republicans pass a law banning guns
@@LaurenGlennqualified immunity is not implicated for a false arrest. There is a clearly established right against false arrest.
We should be able to sue MADD. They offer incentives for DUI arrests (not convictions).
This is the correct answer.
Deduct ten for every wrong arrest and see where the incentives go.
Notice MADD isn't pushing for all these women on psyco meds to be prosecuted for driving while under the influence.
Ruining innocent people's lives for money. What a country.
The insurance companies are in on it too.
Love how MADD is decrying this while they're the ones offering awards for making the most DUI arrests - wrongful or otherwise.
It's terrifying to see how many negative consequences you will suffer *just because of the accusation.* You are treated like a criminal, *whether you were sober or not.*
Same for a lot of other false accusations.
SA, domestic abuse, assault and/or battery, various types of homicide... All are VERY serious crimes, and a false accusation for them will ruin your life even after the accusation has been proven false.
"They would not have been accused if they weren't the kind of person to do that crime in the first place. What a scumbag!"
Yeah, it’s guilty until proven innocent.
A friend of mines mom is suing the Maryville TN police dept. They arrested her for DUI. They say said she had slurred speech. She had a stroke last year and has MS. No side of the road test or breathalyzer or blood test. Straight to booking. She is suing under violation of American disabilities act.
HOWEVER... Should someone with a stroke and MS even be driving?! Was she weaving in and out of traffic? She's a menace on the roadways. There are times when a person needs to turn in his/her license.
@@jsivco3sivco785 If she wasn't weaving in and out of traffic then she's not a menace on the roadways right? There are times when you need to sue the police department for violation of American disabilities act.
The worst kind of criminals are the ones you can't protect yourself from
Hey I'm an old man with a history of way too many sinus infections over my life. There are several areas of those tests that I could not pass from a balance standpoint.
We need to establish some laws that keep employers from firing or changing employment status until the employee is proven guilty. Let's get back to "Innocent until proven guilty".
Always refuse the field tests, they are not required. Yes, they will arrest you and take you to the station for breathalyzer and/or hospital for drug blood testing, but then they will have to release you when the results are negative, because they will have no grounds for the arrest. If you do the field test, then their made-up reading is the "grounds" even when your breathalyzer/drug test is negative.
@oldretireddude Don’t feel bad, as I couldn’t pass or even do most of, if any of the “roadside tests”, outside of the handheld breath testing devices, either. I’m 44(will be 45 in a few weeks) and have a physical disability(I walk with a cane, due to a moderate to severe injury to my left leg, from my time in law enforcement), but I am otherwise ok, fitness-wise, but those test, while the “best” they could come up with, show little to nothing in reality.
Vote Libertarian. It’s our only chance of having the constitution adhered to.
Make the police liable for false DUI arrests
Will employers be held liable if they let someone with a DUI arrest continue to work and that person shows up drunk to work and hurts/kills somebody while operating machinery or a vehicle? If someone is driving drunk how can you trust them not to do the same at work?
Many years ago I got pulled over at 3am driving home. The cop asked if I had been drinking. I told him I had a couple of beers about 8 hours ago, the truth. He called for backup, so there were three cops on me, and had me do the field sobriety test, and then blow. I came back clean, and he told me, "I could use discretion here, and give you a DUI, but I don't feel like doing the paperwork", and let me go. What jack wad.
He took 2 other officers away from what other duties they had that night to harass you, but then didn't feel like doing the paperwork. Says all you need to know about pigs in uniform.
Your mistake was talking.
DON’T TALK TO THE POLICE. DO NOT TALK TO THE POLICE. DO NOT SPEAK TO THE POLICE. DO NOT TELL THE POLICE ANYTHING. DO NOT MAKE MOUTH NOISES NEAR THE POLICE.
@@codecixteenand don't do the field sobriety tests.
@@codecixteen -- Adding to your comment: *Anything you say will be twisted and then used against you.* (Well, generally, it's a good idea to let them know that you are exercising your right to remain silent, otherwise you are "uncooperative" for not saying anything and not explaining why.)
Most cops have already decided whether they are going to make a DUI arrest regardless of the "tests".
Cops wake up everyday and ask themselves “How shall I earn the hate?”
Corrupt cops are why there is a defund the police movement
As an eye doctor, I see 20 plus patients a day, most patients eyes are glossy from dehydration from to much caffeine, to much screen time, makeup and contact lens abuse. It so bad it affects their ability to see 20/20 during and eye exam with equipment. Please stay hydrated so you don’t look drunk.
too
@@jack002tuber -- Did you understand the message? Not necessary to point out typos unless the message is unintelligible or the person is being a bully.
Thank you for the info!
@@sundippatel1796 doc I'm guilty of all the above. So yea I prove your point.
So if they ask us why our eyes are glossy, we should tell them we just need a drink?
Being pulled over by law enforcement is like renting a car from Hertz.... you're damned if you do and damned if you don't.
OMG imagine being pulled over for false DUI _while_ driving a Hertz car!
@@natehill8069 That'll be whatever charges multiplied by 3.5 because they can arbitrarily do it.
Abolish qualified immunity and create a cause of action for arrests like these with massive penalties.
Welp. Let's all write to our representatives that we want this law so they can tell us no.
Qualified immunity is needed. But only with the intent it was originally created. Not for crap like this and the 1000s of other times cops use it to get away from responsibility for actions they obviously knew they should not have been doing.
@@denisrichard58
Yes.
@@denisrichard58 Unfortunately judges can't be trusted to not misinterpret laws and policies in favor of the government.
@@denisrichard58 Qualified immunity is not needed. There wasn't a problem before the Supreme Court invented it by legislating from the bench.
Remember: qualified immunity is designed to protect government officials who have broken the law.
The most ridiculous false DUI arrest I've ever seen was an Iowa college athlete. That kid was clearly sober did the sobriety test fine and then they were going on about glassy eyes and slurred speech. He repeatedly requested a breathalyzer and finally when they gave it to him he blew triple zeros. When that didn't go the way they wanted they decided to arrest him under suspicion of driving after smoking weed. He's now suing rightfully so.
those cops are trying to sue him for slander or some such thing
Happened to my 18 year old grandson Jaden decker this year, he’s a country music singer. he wrote a song about it called thrown to the wolves that went viral. His story vent viral on multiple utube channels. We’re in Missoula Montana.
I saw that video I believe on The Civil Rights Lawyer's channel. Terrible & shameful what happened to Jaden But I'm glad he wrote the song to bring awareness. Plus it's a really good song!
Wolf is a better label than pig as wolves are predators and hunt in packs (aka gangs).
I imagine it would be very hard to not go ape shit crazy getting arrested for DUI when you know you're sober.
There is also a problem that even if you 'blow high' on the breathalyzer and 'test high' on the blood test, there are other reasons for high alcohol in your system than "You were DRINKING!": Untreated diabetes to name the biggest one.
Like people being put in the insane asylum when they're not crazy. That would drive me nuts!
@@christopherkidwell9817A medical issue making you unsafe to drive is still on you as a person.
Never been punished for something that you didn't do?
Ie Paying your electrical bill and some knuckle head decides to falsely accuse stealing power. Yeah a full summer of +106 F without power.
In texas, the cops will purposely not breathalyze you because the law does not require them to do that to make an arrest. A BAC level of 0 would help you defend yourself. If they deny you the BAC reading, you'll have no defense.
Lots of innocent people get charged with public intox or DUI. Never ever ever walk near an officer if out at night in a place like texas. They target people not in large groups for bogus arrests. I knew someone who got a PI charge for leaving a party early, had to lawyer up, and got the case tossed. But that requires luck because if the law does not require a BAC reading, they can still convict you even with a lawyer advocating on your behalf. I suspect if he was not white, he would have been convicted.
I had a Brazilian landlord 15 years ago who told me a story about when he first got to the United States. He only spoke Portuguese not English at the time. Long story short, he is pulled over and arrested, taken to the police department where another officer administers a breathalyzer. The result was a 0.0, the officer administering the breathalyzer yells at the arresting officer (he had no idea what was being said at the time), who then proceeds to take him back to his car and apologizes. The biggest shocker is the cop actually apologizing.
We do believe that
The night in jail is nothing compared to what comes next. Lawyer fees. Temp loss of drivers license. Pre-trial restrictions. Insurance issues possible. Arrest is on your record. Could lose your job especially if driving is part of your job. Your reputation/humiliation. All of this BEFORE any conviction so even if charges dropped you still face it all.
7000$ per one victim on lawyer fees to fight this. news networks been doing interviews now
I found out that some people are required to pay for a device for the ignition in order to be released pending trial. That's about a thousand dollars minimum just for the device.
@@jessicaanderson7885 thats only if you have prior convictions of DUI and it very unusual and jurisdiction dependent. not something you should worry about before a conviction
@@johndonovan7018 Not according to the latest update on this story from Tennessee. This woman had to get the device and she had been sober. She had to finance the device to get released.
@@jessicaanderson7885 oh my thats just compounding it. do you have a link to her particular situation. i have not come across it
Steve; my daughter is set to graduate Cumberland School of Law NEXT MONTH..... she and a girlfriend left a birthday celebration at a local steak-house in August this year, and my daughter was driving home. She "sat too long" (the reason the cop gave her) at a traffic light after it had turned green, and was pulled over 2 blocks later. She was asked the standard questions, "where are you going?"..... "where have you been?", etc etc..... being the polite person she is, and with zero reason to worry, she answered truthfully; well once the LEO heard they "had been to a Birthday celebration".... the drinking/sobriety questions began. (NEITHER OF THEM HAD HAD ANYTHING OTHER THAN SODA TO DRINK) Long story short; they both refused the FST and the breathalyzer. My daughter was arrested for DUI, but they would not let her friend drive her car home because she refused testing as well, so the car was towed and the friend had to call an Uber. My daughter spent 12 hours in jail, but let them draw blood because she KNEW there would be no alcohol or anything else to show up, not even an RX because she does not take any meds. She informed her Professors and admins the minute I picked her up from jail @ 10:00 am the next morning, and they were fine after she explained the details and circumstances; one of them advised her to go to LabCorp and get a private blood test, "just in case, as insurance" even knowing it had been 12 hours since she was arrested, so we did just that and simply paid out-of-pocket. Fast Forward to November 7th, just over a week ago; the blood test from intake @ the jail proved there to be 0.00 BAC, AND for any other substances, as was the private test. The judge dismissed the case entirely, and ordered the arrest to be expunged. (good luck with that, right?) This could have totally derailed these last four years she has busted her tail for to maintain the highest of grades and graduate, as well as taking the BAR in February of 2025!! I am 99% pro-LE, but there are simply too many badge-heavy cops out there looking to stack up a *body count* with BS arrests, especially knowing they are mostly protected by "qualified immunity"!!!
Good it worked for her getting tested. But I’ve seen IN PERSON a judge THROW out immediate blood tests . Saying they’re not reliable .
4 years ago I was arrested for DUI when I “failed” a field sobriety test BECAUSE I COULD NOT STAND UP TO DO THE TESTS.
And I was also initially charged with resisting because I couldn’t get out of my car and walk to the police car. I had been in a serious motorcycle accident where my foot was crushed a few months before and was still using a Walker or wheelchair depending on how far I had to go outside my car.
I blew 0.0000 & was released the next morning after being arraigned.
After spending $3000 on attorney fees it got dropped.
Are government employees and the government exempt from the Americans with Disabilities act? If not, I’d think they would open themselves up to a big ADA lawsuit for actions like that toward a person who is disabled.
I have disabilities from an accident decades ago including nerve damage from a broken back, and an arthritic ankle. It’s been over 30 years since I could pass any sobriety test involving walking or standing. So I guess I’d automatically be arrested if pulled over on suspicion of DUI for being too disabled to pass a sobriety test even while sober?
That’s bullshit. I’m sorry you had to go through all of that.
I believe it was Colorado that had an officer recently awarded for having the most DUI arrests for his department. Not mentioned was the fact that many of his arrests were sober drivers.
i bet he got a bonus for that....seems like an issue
I remember seeing that one. MADD had a contest going on for most arrests and he wanted the award to get better chance at promotion.
There’s one in Georgia also, partly because he took something like a 6 hour course that made him a “drug recognition expert”, and was awarded for making the most drug arrests in the state, ARRESTS, not convictions.
The City of Loveland has reached a settlement with a man who was arrested on a DUI charge in 2020 even after he blew zeros during a breathalyzer test and after a blood test came back negative for any drugs.
Future Hall of Famer.
From a lawyer in my family: By the time a cop asks you to perform a sobriety test, he has already decided to arrest you. Refuse. Then he won't have the sobriety test to use against you in court.
Depends on the state-refusal can mean license suspension
Check your state laws on that, in Ohio we have 'implied consent' where we have to submit to a breathalyzer test or face automatic license suspension, for us field sobriety tests aren't likewise mandatory but I assume other states might be.
@@pete84101 irrelevant. it's easier to fight the license suspension than it is to fight a DUI charge. And even if you don't win... your license is only suspsended for a little while. A DUI/DWI is far worse anyways.
Refuse. You literally cannot win. All you are doing after is controlling how much you lose.
@@pete84101 if you get a DWI your license will be suspended anyways. Usually you have to do the breathalyzer or face suspension. Do that or a blood test, never ever do the test on the side of the road. If you get arrested and have no intoxicants in your system, the prosecutor is very likely to dismiss the case. If you take the sobriety tests they can use those to say you were impaired on something else. Don’t do those tests on the side of the road
Field sobriety checks are subjective. The officer can assume anything he-she wants to assume. Decline those tests and take the breathalyzer. And urge your legislators to outlaw subjective tests. Also that blood test results not processed with 24 hours should be disallowed.
You mean barely-trained individuals who are highly motivated to find intoxicated people aren't very good at finding sober people? Shocking!
If being completely sober won't protect you from a DUI arrest, *what (if anything) can innocent drivers possibly do to avoid this???*
...being a cop or judge... at that point, though, you can drunk drive
That's the idea. You can't do anything. Police have become tyrants and highwaymen. MADD dishes out payment for arrests - not arrest with a conviction. They're all driven by greed. They absolutely DO NOT CARE if they ruin 600 lives as long as they fill their quotas, get their money, advance in their careers.
Being a police officer should just be called "professional predator".
It's a damn shame because I remember a time when police officers were honorable men we looked up to.
You have several options…..Not having a drivers license or being a judge or an attorney or cop.
If you only have a state ID it’s different than a DL. Not the same contract.
You can avoid being arrested for traffic violations/ misdemeanors if you have your drivers license in a different state than the one you normally travel in.
"About 15000 DUI arrests a year, the fact that 1% results in hundreds of false arrests a year..." Literally no. 1% of 15000 is 150.
Earning the hate every single day..
So? Our "hate" for them doesn't affect them in the slightest.
@@nukepuke932 When he hate turns to action they will care and nobody wil care about them getting what they have given. Which is why all the good cops have left the profession.
Little Boy Blue is not your friend.
I live in TN and I have been in touch with my legislator who sits on the committee who oversees the TBI, the committee is currently investigating this issue.
So, they expect to release a redacted study in 2 or 3 years?
We investigated ourselves and found nothing wrong. A story as old as time.
Qualified immunity. Every officer in the state shifts to the department to their left. Status quo continues.
Individuals should be able to sue the state, city, and individual officer for these kinds of extortion attempts.
The problem here is not just that it happens. It is 100% INTENTIONAL when it does. The police officer is knowingly and maliciously arresting the person illegally. And anyone all the way up to the judge involved is a complicit POS. The fact that an officer is allowed to do this in front of other officers and get away with it without being arrested by their fellow officers for an unlawful or illegal arrest is disgusting.
Even .01% arrested is completely unacceptable. There should not be even 1 person ever arrested this way. EVER!!!
The committee who oversees the TBI also directs the TBI's actions. They already knew what the TBI was doing and probably signed off on it. As the other commenters said, don't hold your breath.
This is why anyone who gets called to jury duty needs to go and scrutinize officer testimony, procedures and their disciplinary history. The US justice system is corrupt and it’s up to us to fix it.
Jury Nullification
If you show any inclination to NOT be interested in putting away the accused, they will dismiss you from jury duty...happened to me.
Thank you for covering this. I've seen others cover it but I waited for someone I trust to cover it.
Something that's glossed over is the fact that (at least in my area) it can easily be over $1000 to get your car out of tow even after only 1 night and it can increase over $100 per day. On top of that, it's on the books in my state that the car MUST be towed for a DUI arrest under law; no one can come by and pick it up no matter where you got pulled over at. You don't have that money and have no means to get it? Tough luck, enough time passes and they auction your car off and you get nothing. Do the innocent get compensation for this? Of course they don't! This is enough to completely eliminate somebody's livelihood because if they don't get fired for missing work for the arrest, they could lose their job simply because they have no way to get there without a car.
Now they've gone from getting pulled over and wrongfully arrested to the slippery slope that can lead to homelessness or resorting to crime just to make ends meet. With the way homelessness is increasingly criminalized (even though they are contrary to laws that say laws cannot be made that criminalize people based on their economic status, no matter what the supreme court says), they're basically forced to decide what flavor of criminal they're going to become.
So I agree with Steve here, with the extra mile that beyond exoneration, they deserve reparations and the heads of everyone who had turned a blind eye to this for so long.
A couple of months ago I got pulled over pretty much because I was leaving a bar at closing time. And I drive for Uber. I refused to answer any questions or perform any tests. I believe the only reason I didn't get arrested was because one of the sergeants on duty knew me personally and knew I do not drink.
Never do any field sobriety tests. You are not required to assist in an investigation
If they are zero , why didn't the tests work properly?
If you have a cdl or depending on state, you are.
dont matter. they will still arrest you. it changes nothing in this situation (or others currently pending in federal court)
If they're arresting you on zeros, they're arresting you if you refuse a field sobriety test.
@@bobthetitanicfield sobriety tests don't 'work' at all, they're a subjective opportunity for the cop to decide whether to screw with you or not.
Steve , I am a former UK police officer , it's a simple fact that these officers saying ' the eyes were blurry or glazed ' or ' their breath smelled of alcohol ' etc , are just lies and purely fictitious if someone blows ' zeros' , those statements cannot possibly be true , if they repeat those statements in a court , the officers should be charged with perjury , the science says one thing yet the officers want you to believe they know better with nothing to back it up other than their word.
I still don't understand , as a former officer , why they don't just breathylize someone 1st , rather than get them to do these silly tests which prove nothing ( we do not do them in the UK because they are useless) , the breathylizer says whether you are over or close to the limit or not at all.
I now have a condition ( peripheral neuropathy)which makes me unsteady on my feet and because of that I do not drink any alcohol at all , I would not pass any field sobriety tests whatsoever but would blow zero's all day , every day .
Just ' bag them ' , if they pass , let them go , if they fail , arrest them , it's not rocket science.
Because they have perverse incentives outside of the law. They are using this to gain money from incentive programs inside the station, not to enforce justice on the streets. This is racketeering, not law enforcement.
In the USA, they can not breathalyze you unless they believe you are drunk. Which is where the field sobriety test come in. However refusing to do the fst is what they call "probable cause" and use to breathalyze the "suspect". But what makes it worse is they need no "probable cause" to ask you to do a FST. It's a system geared to destroying innocent people and circumventing the law to get "probable cause"
Same down here in the little colony of Australia. First stage is a breath test. Blow under the limit, and you're on your way. Blow over the limit, you wait a short while for the booze bus, with the "big" machine. Even the police down here don't have time to waste on these silly, useless field tests, they should be a thing of the past.
Happened to me in Tennessee in 2017. Case was dismissed. It took 9 months several court dates and over $4000 in legal fees. I told him I was disabled and couldn’t do the FST. He said well just try and see how you do. I fail of course, I have spinal cord injuries. Even the jail staff didn’t understand why I was there.
I got pulled over one morning and the cop did the old " I smell a strong odor of alcohol".
I responded with "it must be coming off you because I haven't had a drink in 15 years". He didn't think that was funny and I had to go through all the sobriety tests. I had to blow. Got a 0.00. The whole time the cop was just ignorant towards me.
+600 tells me two things. First being that this problem is a failure of leadership, the training officers receive to determine DUI intoxication levels is severely flawed and being abused.
Or maybe it never worked 😂😂🎉😂❤
It tells me that TN doesn't give a crap about civil liberties. That's 600 kidnappings if you want to be real about it.
its not about training. they just decide they will arrest you off the bat and everything else is dancing around
Field sobriety tests are highly flawed to begin with. People can be well over the limit, but still able to pass the tests. People also can be sober but nervous or have other issues that make them fail the test.
Some of the quick field tests are good for a quick assessment. But, they should only be used as a means for more testing. Even though the roadside breathalyzers aren’t the best it’s at least a much better tool than someone going by feelings.
And only in TN. Why not all states? There is a reason.
They did it to me. Cops are out of control.
No traffic infraction.
Ruined my life.
Did they hit you with a DUI? Were you sober?
Sue them and get rich ! And stop voting.
@@terranhealer Did you not watch the video? Yes, cops falsely charged him with a DUI/DWI.
Same dude same.
@@power2084 yeah even if you can sue them, the damages aren’t likely to be much. Damages are meant to compensate you for the wrong done and you can only get damages for what is reasonably foreseeable.
I am a disabled vet and I would not pass any field sobriety test. You do know the officers get bonus pay for arrest.
Major scandal, should be a major class action law suit.
Such a free country we live in. 🎉
We have less freedoms than what people think.
DUI stops seem to be the opposite of innocent until proven guilty.
They're absolutely guilty until proven innocent.
Every POST Academy graduate can tell you how such behavior is trained into officers, but they won’t.
Happened to me when I was 16 back in 1988. I got stopped and was a smartass so the cop gave me a dui. Luckily the judge threw it out.
those that are WRONGFULLY arrested under those circumstances and lose their jobs and car SHOULD be compensated
I would love it if some time in a civil trial, where the person whose charges were dismissed is suing the police department and the jury gets to watch the field sobriety test as conducted by the arresting officer. And then has the arresting officer go through the exact same test in front of the jury.
Every single one of those people, should sue the State for Cruel and Unusual Punishments. 600, getting $1 million out of the State's budget EACH? I bet the state would get off it's ass and crack down on this shit. Stop letting the Government to Violate your Constitutional Rights!
Each of these cases should lead to criminal charges against the arresting officers, including perjury and malicious prosecution.
The problem is the wide-spread trainings that police go to that teach them how to determine if someone is intoxicated using subjective criteria that don't really have any basis in science.
Bingo. This is why the wise move is always to refuse FST.
It's not just subjective. It's outright biased.
We should be able to sue MADD. They offer incentives for DUI arrests (not convictions).
Has nothing to do with training, these officers know exactly what they are doing. They don't care about you rights and only care about furthering their careers. If there was ANY accountability for LEOs this wouldn't be happening.
@@ogbt
Exactly
This has been going on forever. It happened to me. Towed my car,put me in jail. I blew a 0.00 3 times. Still got 24 hrs. Car towed.
There's a reasonably straightforward solution to this, which is already widely practiced in Europe:
1: A subjective "field sobriety test" is not considered probable cause for an DUI arrest. A handheld breathalyser or field drug-test kit is. Every patrol unit likely to make a DUI stop is issued with a breathalyser, so that an objective standard of probable cause can be established at the roadside.
2: A forensic-grade breathalyser is installed in the police station, and is used to confirm the reading of the handheld breathalyser within a short time interval of arrest. Suspects have the right to choose a blood test as an alternative to the breathalyser, but in that case they have to wait for the blood lab. The breathalyser gives very fast results, which are sufficiently robust to form the basis of criminal charging.
3: At any point, the suspect may refuse to be tested using either a breathalyser or blood test. But in that case, an "adverse inference" is automatically taken, and the suspect is charged with refusing to submit to testing, which carries exactly the same penalties as DUI.
This has been on my Radar for awhile
This show the sobriety tests in the US is old outdated. This is why Europe and others scrapped it looking time ago and only use breathalyzer (and bloodtest). No room for opinions with a breathalyzer result. It is overdue to do the same statewide here too.
Only blood work is accurate. Breathalyzers are very inaccurate and oftern give false positives.
Even if you pass the breath test, they will still arrest you saying it is drug use.
One small problem. It's a machine and CAN be wrong (less so with larger desktop models). One USA manufacturer kept delaying handing over 'proprietary' code for the device in a case when ordered to - keeping the DUI case alive - and it showed when looked at that is had to fail 32 times IN A ROW before it showed a device fail msg. IE, it was giving itself 32 erroneous before alerting that they were erroneous, IIRC it was because it was bloated code, and that was the 'fix' to make it work.
@@jondspen Which is a crock! I was subject to a random drug test at a defense contractor job I once had - it literally took me longer to pee into the cup [I have a bashful bladder...] than it took to get the results! Sure, maybe those results aren't as accurate as the drug lab, but they are months faster. But the police don't want to do that because it costs them more and they get fewer arrests.
@@jondspenspot on they just say “I know you’re on something I just can’t pinpoint what substance you are on! 🤮
This is in nuts, in the UK if you are stopped by Police they breathalyse you at the road side if you test clear they ley you go, if you test positive they take you to the station and you get breathalysed on a more sophisticated desktop model and that is the definitive test and if you show negative they let you go. Being breathalysed and testing negative and they decide to arrest you for that is insane.
Apparently that's too invasive
In the USA, even if you walk/talk normally, pass breath test with 0.0, they will still arrest you saying you are on some type of drugs. Only way you win is going to jail and taking a blood test then waiting for 3-4 months as your life is destroyed.
TN doesnt use breathalyzers. I wouldnt trust the goons to calibrate anyways.
@@Milo_1368 And the humiliating tests are not. Breathalyzer tests show only the relevant thing. It does not tell anything else so it is not any invasive test.
In Germany it is the same way. and NO Cop in Germany could ever Pull a Stunt like the US Cops... Would get in trouble for false arrest.
Reminds me of community in Florida that used traffic stops as a fund raiser. Because when you go to court you incur court costs. In the case of a dui even if charges are dropped, along with the things you mentioned you also incur the cost of an attorney. The attorney fought for you doing his job. He isn’t going to refund his fee when the lab report comes back 0.00. This needs to become a class action suit.
I recently followed a sheriff's SUV up a mountain canyon road. Like many drivers, they bounced between the lane markers in turns. All the over correcting drives me crazy. I thought of Steve getting popped for crossing the "fog line".
And even more importantly, the charge/arrest remains on your record, which will affect your interactions with govt for years.
Those aren't tests, they're gathering evidence. Don't answer any questions don't take any "tests".
I lay a large portion of the blame at the feet of MADD
However, before MADD there were a huge number of people driving drunk and cops didn't care. So overall, MADD was a good thing. The cops abusing their authority in this and many more instances is the problem, not MADD.
You’re being asked to trust a system that doesn’t trust you. 😢
On a silly analogy, 1% failure means 1 in 100 planes fall out of the sky. These days failure rates of 0.000001% should be the norm.
NEVER take a field sobriety test. They are not compulsory like a breathalyzer and are completely subjective.
They are not based in science at all. They’re just a means for police to gather subjective evidence against you that a jury of angry mothers will see as proof from on high that you were drinking and driving.
I agree, though I think there are 3 states that will automatically charge you with DUI (needs verification).
seems the Police rely on subjective testing methods a little too much. K9 searches, smell test, visual observations. Anything hard to disprove in court. Then if they search saying they smell alcohol or drugs, find a gun they get a pass on being wrong because they found something illegal.
In NJ refusal makes you guilty.
@ you have to submit to chemical testing not FST. They can ultimately charge you with DUI just because they feel like it in any state because they’re tyrants with too much power.
What about the tow bill? The job loss? The legal fees etc.? These people have suffered losses yet the police departments aren't making folks whole? Not only this but those involved with processing people with a ZERO test need to be punished.
Never take a field sobriety test!
Go directly to jail and in many states, lose your license for a year! Bad advice!
@@chrisforker7487 field sobriety test does not equal breathalyzer test.
@@chrisforker7487
Field sobriety tests are inadmissible in courts. They need a test that is reproduceable and meets standards. Those includes blood tests and breath tests.
born and raised in middle TN. many years ago in the early 2010s and I was going to vol state in gallatin at the time and I was going in for 3 exams that day and I was pulled over at 7:15am about 5mins away from the campus and the cop did an hour of tests on the side of the road and of course I was a walking zombie from 3 days of cramming. He wanted to arrested me but I demanded a breath test and he told me that it would a while to get there, I wound up missing all my exams that day and thankfully was able to retake them because I had dash cam footage of the entire exchange AND at the end of it the cop still gave me a written warning.
Yet another issue that would end overnight if qualified immunity was abolished.
They need to have malpractice insurance to cover the damage they cause
They are insured thru their badge number
I work for a major Insurance company, you have 24 hours to report a dui arrest, 30 days to resolve it , if not you are fired, zero tolerance.
So if your court date is more than 30 days you're automatically fired?
If the state will not allow you to resolve it in 30 days due to back logs in getting test results (which seems to be the norm these days) or other complications with the court system, does the employee have any recourse?
It seems to me you wouldn't want to lose a good employee who is prevented by the court system from following the rules.
6th amendment says you have the right to have an attorney present during any questioning.
Doesn't that include questioning your sobriety?
You could also invoke the 5th and not answer any questions. Issue would be how petty is the officer. While they are wasting your time, they are getting paid, you are not. Different case of a guy, he was made to do field test, a breathalyzer, and made to go to the station to get the more accurate reading from the machine they got their. Perfect field test, blew zeros, and all that did was make officer change from “you smell of alcohol” to your “your on something.”
No. A road side test is not required to charge you. Because they are subjective they are inadmissible. Refuse a blood test or breathalyzer though and that is cause to arrest you.
Demanding a lawyer will not stop the processing of the arrest. It will count as refusing to take a breathalyzer or blood test though. That is not an anomaly in the Fifth Amendment as courts recognize a requirement to process the tests. Plus, you agreed to take the tests if demanded by LEO when you signed for your license.
I noticed Steve avoided saying "sober as a judge". lol
I always want to tell the police officer if they can do the field sobriety before me, then I'll consider it. But ALWAYS reject any field sobriety requests, they are like carnival games (rigged against you).
The DUI stops is just a racket within a period of six years. I got pulled over twice and was arrested for DUI. Both cases were dismissed before I ever got to court as a higher attorneys and it showed the video and the written report were different. I wanted to go after the officers, but my attorney said all that would happen is his comrades would harass me all the time is best to let it go but it still cost me $15,000 in attorneys fees
and that is why you document and then hit his buddys with a harassment lawsuit.
@@Dratchev241 LMAO do you have the time in your life to mess with all these cops?
any nation that costed me that much, i would leave behind soo fast. you are being robbed systematically.
@@magnetmannenbannanenI’ve moved countries 2x and I can tell you there is a 99% chance you won’t. It is too difficult. If people who say this were serious they already would as this is already happening.
@@magnetmannenbannanenyou do know it’s not easy to immigrate to another developed country; normally unless you have a bachelors degree or 10 or more years of experience it’s going to be impossible
Seems like MADD doesn't give awards to cops that only arrest those that qualify
I would fail some of the physical DUI tests because of a spinal disability I have. So I guess I would be arrested.
Same. I would refuse fst and go for the breathalyzer
Same here. I had a major spine surgery in March and have a broken screw in my spine. I can barely get in and out of the car right now. I sure couldn't pass any tests.
Law suits. People have sued police over this false arrest and lies, they have no qualified immunity when doing this.
A suburb of Seattle has a cottage industry of performing DUI arrests on every vehicle on hwy 99 between 2:00 and 4:00 AM. So many of them were determined to be sober but still sentenced because that's where the money was, that they were the subject of a federal lawsuit, which the cops lost. They were still at a couple years later - just too much money to be passed up.
This is EXACTLY why i chose not to pursue a career in law enforcement and bring a police explorer.
Its better that 10 guilty go free than one innocent go to jail
Add on the cost of a lawyer to defend you to the punishment for not doing anything.
"You MAY have hit the center line"
I got pulled over for dui, wasnt drunk. Spent the night in jail. Got out on a Saturday. Had to wait till monday to spend my whole check to get my car out of impound. Found a bunch of other ppls belongings in my car id never seen before. Matches/pens etc. my license was taken from me and i was told it was suspended. I had to take three days off work at separate times as my court hearing got pushed back twice. On the third time going to court, i was told the da isnt picking up your case you're free to go. I was jerked around so badly, and come to find out my license wasn't suspended even though it was taken from me and that getting rides to work everyday for the last 4+ months was completely pointless.
I mean, how come there are not 600+ cases of false arrest and false incarceration, unlawful search and seizure and multiple charges of deprivation of rights and the color of law for each false DUI arrest? Because if you falsely arrest somebody and falsely incarcerate them and unlawfully search and seize them in that process while I’m possession of firearm, everyone of those things is a crime!
Some of these folks lost their jobs. They spent thousands of dollars to defend themselves. Whoopsy - charges dropped. Sorry 'bout that.
REFUSE TO ANSWER ANY QUESTIONS and never take a field sobriety test ALWAYS
But no active duty LEO had a problem with a single one of these arrests. Go figure!
Bet none were the victims either
@@BruceLangman-qy2jl 10% of people have a driving infraction on their record in the past 18 months. .000000015% of cops have driving infractions on their record. Things that make you wonder.
Later the officer comes in and says "call this attorney, he will get this cleared up". They get a kick back. Latest scam
I remember hearing about one department's entire DUI unit getting hit by a Federal investigation of that, in Arizona if I remember correctly.
Those moronic balance tests are unfair
All the tests are unfair
It's basically a coordination test combined with Simon Says and it's designed purely for the benefit of the police to gather evidence AGAINST you. If you're naturally uncoordinated you're already at a huge disadvantage and if you misinterpret the instructions or the police are bad at explaining the instructions that can count against you too. The police officer is also the judge of the test which means it's not impartial. No matter how well you perform the police officer can say it wasn't good enough and you appear to be intoxicated.
Perhaps 600 hours of training is not enough to be in officer. hell, it takes 6000 hours to be a chef.
When it takes longer to get a license to be a barber than it does to become a police officer, then you know you have a real problem.
A reasonable solution might be when an inaccurate DUI arrest is made then later resolved, all fees & other expenses incurred are refunded to the driver. While not ideal, such an expense might make law enforcement a bit more careful. 😊
I suspect that some departments have quotas. Whoops I'm sorry, they aren't quotas, they are "Key Performance Indicators." And I suspect that they are on DUI arrests and not convictions.
I've had ear troubles since birth and have very poor balance. I can't pass a on the road sobriety test if you offered to pay me a million dollars. I can't walk a straight line or even stand up straight for 2 minutes without tipping over.
The tests are subjective, i denied the road side tests, they told me it could take a year or two to get the blood tests back, i expect to hear nothing about it, but I'd really like to expunge the arrest, as i understand it can show up on a background check
It's so bogus that arrests show up on your record in addition to convictions.