Field Sobriety Tests are easy to Fail

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  • čas přidán 11. 09. 2024
  • Video provides a brief and simple explanation of the DWI field sobriety tests, how they are done, what are the clues the cops look for. The same tests are used throughout the United States to arrest drunk drivers.

Komentáře • 35

  • @sheilarogge2461
    @sheilarogge2461 Před 10 měsíci +1

    Thank you for letting me know.....Its so stupid. They do realize that people NOT drunk have bad balance, right? I know they ask but ...... Its meant to fail.

    • @fedoralawyer
      @fedoralawyer Před 10 měsíci

      They are standardized tests and don't take into account an individual's personal abilities.

  • @PrimericanIdol
    @PrimericanIdol Před 10 měsíci +1

    ALWAYS refuse an FST and PBT. Even when you're completely sober.

    • @fedoralawyer
      @fedoralawyer Před 10 měsíci +1

      Probably a good idea unless you are Simone Biles on a balance beam.

    • @paulinnanjing
      @paulinnanjing Před 10 měsíci

      Then lose your license.

    • @PrimericanIdol
      @PrimericanIdol Před 10 měsíci

      @@paulinnanjing No. You have a right to refuse the tests given to you on the street.
      You only get your license automatically suspended if you refuse the test (breath or blood) that takes place AFTER you've been put into custody.
      Your rights: Don't use 'em, you lose 'em.
      In certain situations, it may be best to refuse them all, but if you KNOW you're sober or have barely drunk, always refuse the roadside tests, but don't refuse the post-custody tests if you end up arrested.

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci

      @@paulinnanjing In most states you only lose your license if you refuse the intox. breath test at the police station, not for refusing the field sobriety tests. The PBT "Portable Breath Test" is not admissible in court for the result but only to show there was some alcohol in your body, but not how much. If you have not had any alcohol for at least 24 hours, I don't see any harm in taking the portable Breath test. It could save you a trip to jail.

  • @mynameisray
    @mynameisray Před 10 měsíci +1

    Believe it or not most people end up being guilty of drinking and driving after failing these tests.

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci

      There are ways to avoid a conviction even if you are guilty.

  • @karenlynn7731
    @karenlynn7731 Před 10 měsíci +1

    If you know you haven't had anything to drink AND you have bad hips & knees can you ask to go directly to the breathalyzer?

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci

      They are required to ask about heath problems that might impair your ability to do the tests before they begin. And yes you can go straight to the breath test without doing the sobriety tests.

  • @skipdog9912
    @skipdog9912 Před 10 měsíci

    Good luck standing heel to toe without feeling like you’re gonna fall over. 😂

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci

      What is worse is that they demonstrate it first. And they have done in hundreds of times before. So when you try, you look terrible in comparison.

  • @Dannie281
    @Dannie281 Před 10 měsíci +1

    i was made to take these tests once, and the officer also made me touch my fingers to my nose, with my head tipped back.
    I was then made to blow in a breathalyzer.... yeah.. BS .. i had not had anything at all to drink. ( i don't drink)
    my breathalyzer came back, 0.000 yep , told you dude, i don't ever drink. Well sorry ma'am, but as i said someone called in a car matching your description.
    Its white....

    • @fedoralawyer
      @fedoralawyer Před 10 měsíci +1

      The finger to nose and the head tilt, also known as the Rhomberg test have no basis in science as indicators of intoxication.

    • @paulinnanjing
      @paulinnanjing Před 10 měsíci

      Are you blaming the officer for looking for the evidence of your innocence?

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci +1

      @@paulinnanjing Officers don't look for evidence of innocence, they look for evidence of guilt.

  • @SiloSoundStudios
    @SiloSoundStudios Před 10 měsíci +1

    Its all about gathering evidence.

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci

      That is exactly what it is. They need evidence to prove you're too intoxicated to drive. What better way than to see you try to do balance tests, late at night, when your are tired, nervous and worried about going to jail.

  • @lynncrosier7017
    @lynncrosier7017 Před 10 měsíci

    So, does this defense attorney recommend most folks refuse to do the tests then?

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci +1

      Most defense lawyers recommend refusing to do the tests. The less information they have to prove your guilt the better for you.

    • @lynncrosier7017
      @lynncrosier7017 Před 10 měsíci

      @@THEFEDORALAWYER Thank you!

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci

      @@lynncrosier7017 You are very welcome!

    • @paulinnanjing
      @paulinnanjing Před 10 měsíci +1

      If you refuse, you go to jail for a more accurate test.

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci

      @@paulinnanjing A blood test is usually more accurate. Refuse or fail, you will go to jail. If you refuse, they have less evidence to convict than if you fail.

  • @lajanfields2777
    @lajanfields2777 Před 10 měsíci

    You forgot the most important clue, following instructions. And since drunks don't listen, they fail. As for wobbling, that isn't that much of a clue.

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci

      They are considered divided attention tests. Following instructions and do the test.

  • @TheOne-dn9mr
    @TheOne-dn9mr Před 5 měsíci

    now that's some bs I tried this and it's hard to balance on one leg

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 5 měsíci +1

      Yes, it is harder than you think. And if you show 2 or more clues you fail the test. Cops are also trained not to say pass or fail. They just say its an indication of intoxication. Thanks for watching.

  • @1diggers1
    @1diggers1 Před 10 měsíci

    Easier when you're drunk.

  • @FazeBrokenYt
    @FazeBrokenYt Před 9 měsíci

    Hey I got class C misdemeanor Public intoxication 647 F California can you help me

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 9 měsíci

      To prove public intoxication, (PI) you must be intoxicated in a public place to such an extent you are a threat to yourself or others. For example if you are intoxicated and walking along in the middle of a busy street, you could be arrested for PI. If you're leaving a bar with a friend who is there to drive you home, it's hard to prove you're a threat to anyone. The facts of each case dictate. You will need to hire a lawyer in your area to help you. I'm in Texas and lot licensed to CA.

  • @paulinnanjing
    @paulinnanjing Před 10 měsíci

    If you're drunk I don't want you to pass, do I? I want you off the road. If you're driving like you're drunk but you haven't been drinking, guess what? I want you to fail the test and I want you off the road too. Just don't drink and drive and all will be fine. What's your purpose in publishing this video? Are you trying to get people to refuse the test, get arrested and breathalysed? And how many convictions are there based on just the test without a machine reading?

    • @THEFEDORALAWYER
      @THEFEDORALAWYER  Před 10 měsíci

      The video is to make people aware of the tests.The tests are not always accurate and many people who are not intoxicated fail the test, go to jail for a blood test that comes up negative for alcohol, spend the night in jail, get their car towed, have to hire an attorney to help them only to find out they are not legally intoxicated. Refuse or fail you will likely get a blood or breath test. Very few convictions are based on just the tests. But it is best to not drink and drive at all. There are too many alternatives anymore, especially with Uber.