Why You Should ALWAYS REFUSE ALL Breath & Blood Tests AND Field Sobriety Tests in Kentucky
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- čas přidán 13. 04. 2015
- UPDATE: January 8, 2023:
You asked, I listened.
This video is almost 8 years old now.
There are a LOT of questions about whether or not this information is still accurate as of 2023.
Allow me to answer each point in turn.
Question 1
Q. Is it a crime to refuse the breath test?
A. In some states, YES.
NOT in Kentucky, BUT in some states it IS a crime to refuse the test, so in those states consult with local counsel, but I have HEARD (this not legal advice -- see below) that it is better to consent in those states because EVEN IF you win in those states, and there are about 16 of them, I believe, you could STILL be convicted of the CRIME of refusal. So in some states and countries, you should NOT refuse because you will be convicted of THAT crime, instead. In Kentucky, it is not a crime to refuse the breath test and that is why I advocate that you should "CHOOSE TO REFUSE (or you will lose)". In fact, for about 5 years back in the 1980's refusals were inadmissible at trial. Now they are admissible, but the state doesn't have the BEST possible evidence against you (since you refused), which is the number.
Question 2
Q. Is this information still accurate and applies in 2020?
A. In some states, including Kentucky, YES.
If you refuse the test (breath, blood or urine) you DEPRIVE the state of the BEST possible evidence they could ever have against you. If you submit to the tests, you are now arguing with chemical evidence requiring the testimony of an expert (possibly), which are very expensive -- by having to attack the machine or methodology used to extract and test the breath, blood or urine, etc. So, by SACRIFICING your license and LOSING your privilege to DRIVE, your attorney may now have a better shot at beating your case at trial because now it becomes a he said she said battle in open court, which is way easier to argue against than, say, a 0.092 breath or blood test result, etc.
A further point on this issue -- In Kentucky, we can get you back behind the wheel DAY ONE of your suspension (if it's an alcohol DUI) with the ignition interlock device. So you can get back on the road.
Question 3
Q. Can I still be arrested if I refuse?
A. Almost 100% YES.
You will be arrested with almost 100% certainty if you refuse the test by the side of the road anywhere in the world because now the officer will DEFINITELY suspect that you are under the influence and refusing the test because you are hiding something.
Question 4
Q. Is the Preliminary Breath Test (PBT) admissible?
A. In nearly all states, NO.
In Kentucky and most other states, the PBT is NOT admissible in court and can ONLY be used for purposes of probable cause to arrest -- not in order to convict you at trial. I do NOT believe it is a crime to refuse the PBT in any state, as far as I know (again, not legal advice).
Question 5
Q. Can I refuse to do the Field Sobriety Tests (FSTs)?
A. YES.
In Kentucky, and probably every other state, there is NO penalty (other than getting arrested) for refusing the FSTs. In fact, by refusing to complete the FSTs, you deprive the government of even MORE evidence to be used against you. As I describe in the video, the tests are DESIGNED to fail you. So why consent to them? I say refuse. Get arrested. And fight it in court. NOT ON THE STREET. You will always always always lose on the street.
Question 6
Q. Can they take my blood by force or with a warrant?
A. In some states, YES.
But not in Kentucky unless there is an accident which involves death or serious physical injury.
ABOUT THE SPEAKER
Larry Forman is a DUI attorney in Louisville Kentucky. He is the owner and founder of the law firm the DUI Guy, Forman & Associates, where he handles primarily DUIs and other criminal offenses.
Call 502-931-6788 OR
Schedule an appointment with me: http:/www.meetme.so/larryforman
DISCLAIMER: This video is not intended as legal advice, is for entertainment purposes only, and it does not create an attorney-client relationship. Please seek legal counsel if you require legal assistance.
The information contained in this video is for entertainment purposes only and is not, nor is it intended to be, legal advice. These materials are for informational purposes only and do not constitute advertising, a solicitation, or legal, or other professional advice. They may or may not reflect the most current legal developments, and are not promised or guaranteed to be correct or complete. Viewing these materials does not create an attorney-client relationship, and you should not rely upon this information for any purpose without seeking professional legal counsel in your state.
#criminaldefenseattorney #duidefenselawyer #duiattorney
Please check out the updated video description on January 12, 2020 before asking your questions. Chances are it has already been addressed. Comment below if you have a question that has NOT been answered, and I will try to answer it to the best of my ability.
Is this just in America?.
@@slademoa3850 yes.
@@TheDUIGuyPlus well I'm in NEW ZEALAND. hahaha guess I'm shit out of luck.
@@slademoa3850 YUP, there is no luck in New Zealand.
The DUI Guy
Your win/loss in these cases are phenomenal...I just caught one of your videos the other day and may I say I could have used you 35 years ago lol..you do a wonderful job and it’s very informative watching you on CZcams...way to go..👍🏼👍🏼
I got arrested a year ago for dui and my lawyer murdered them in law terms it was better than law and order the cop had over 200 dui's in his career imagine how many people just pled dont give up take it to trail
Screw that..
Go to Trial..with a good Attorney..Period
I failed a sobriety test when I was sober when I was halfway to the airport to pick up my husband (which was 200 miles away). I had heels on and it was on gravel, eventually they made me take my shoes off and do it barefoot! Of course I couldn't walk a straight line. They put me and my toddler in the cop car and impounded my car. At the station they separated us, wouldn't tell me where he was, and held us there for over 5 HOURS. They kept making me take the breath test over and over, took me in a dark room and shone a flashlight in my eyes, made me pee in a cup multiple times, drilled me with weird questions like if I can estimate how long an hour is without wearing a watch. Never read me my rights, never said I could ask a lawyer. They kept stepping out of the room and loudly arguing. One was completely angry about this and the other refusing to let me go. It was like they had gone way too far but one was desperate to get SOMETHING to arrest me bc otherwise this looks really bad on them. This was the only time in my life I'd have police interaction other than a speed ticket and had no idea what was going on anyway. Had no clue I could've just asked if I was under arrest and leave with my son after hours. At the same time my husband was left at the airport calling hospitals and police station until located me. Had to spend hundreds of dollars to get a taxi there. By that time it was at night so we had to get a hotel. Unbelievable, I wish I could've sued them. My poor child was in a different room with another officer crying and confused all that time. It was 15 years ago but it still makes me so angry.
I Bet..
If tomorrow...You saw the Same cop(s)
And you said....so You couldnt even Applogise.
They would be like...we were doing our job.
Besides you were Drunk
Because....
They ( the cops ) are Never wrong.
Disgusting and Foolish at the same time
I'm so sorry! That's horrific! Unfortunately we can't trust police.
By the way
You likely CAN STILL SUE THEM
@@MrBOB39, nope, too much time has passed.
@@tonyheaton4941 There is no statute of limitations for a 42 USC 1983 lawsuit.
I dont have 50 mins!! Hes standing at the window
SCREAMING 🤣🤣🤣🤣
💀 HAHAHA
😂 whoops I’m late to this 🤦🏼♂️
All you really needed to know was to act like you have a gun in your pants and pretend like you are pulling it out. They will run away and leave you alone.
😂😂😂😂😂😂
I love seeing what attorneys in other states have to say about these issues and to see the differences from one area to another on how things work. Nice video!
I’ve been sober about 7 and a half years now. To put it lightly, the case against me when I got my DUI was strong. Like…. extremely strong. This info would still have been very useful and I think you’re providing a great service free of charge. Keep it up 👍🏼👍🏼
I’m putting two steering wheels in my car. That way they can’t prove if my dog was driving or me.
Jeff X - LoL!
Always have a dash cam.
Or treat highway brigands threatening armed kidnapping as highway brigands threatening armed kidnapping ought to be treated... Hypothetically. In minecraft.
Some people did not understand the video.
If you refuse tests, you probably will still be arrested. What you're doing is preparing for trial or plea negotiations. You still get a trial and they still have to prove your guilt. You want to give as little evidence against yourself as possible.
My God, finally somebody understands 😂😂
The DUI Guy
More people needs to watch ALL your videos about shutting the hell up and plead the fifth...some think of you cooperate with the police they’ll be nice and let you go about your way WRONG....they are gathering information to help prosecute you...I learned that lessen 35 years ago...SHUT THE FUK UP PEOPLE AND PLEAD THE FIFTH....
@@TheDUIGuyPlus So, basically this is what you should do if you are drunk to avoid worse consequences?
Ask for a Supervisor
Embark your Rights and Shut your mouth
Oh crap so if you refuse you get arrested now it’s on your record you might possibly lose your job I don’t know ill just do the damn test
this guy gets one thing right "you have no rights "
That's a bit over the top. Depending on where you live, you may have the right to refuse the breathalyzer test and you have the right to refuse the field sobriety test. And you have the right to refuse to self incriminate. And you may also have the right to a lawyer, if you can get one.
That said, the police can make things very hard for a driver, and if they're really keen to book you for something, they'll probably find a way to do it. And all the advice in this video may not apply in other countries. For example, in Australia where I live, there is no need for reasonable suspicion for the police to administer a random breath test, and the police will routinely do one on almost every stop. And there are hefty penalties (which vary from state to state) if you refuse to do so.
Rod H I personally don’t drink but if I were ever in a serious situation with an officer (more than a minor traffic violation) I would simply start dialing my lawyer!! Lol
@@amberdean374 You wouldn't be too far wrong to do that either. Although you can usually do without a lawyer on the scene if you just:
* comply with all lawful directives without unnecessary delay (make sure you have your ID ready, for example)
* get audio and video of the event (if you can)
* be polite and respectful, but don't say anything you don't have to.
* do not do anything the officer could reasonably take as a threat, verbal or physical
* don't consent to any searches that you can refuse.
A police officer who really wants to can usually find something to book you with. And if there are other police officers about, even if they privately think that officer is doing something wrong, they'll often provide support for that officer. Even official complaints may often yield no result when members of the general public believe the officer is in the wrong. This is why having good audio and video can be vital - particularly if you think you are innocent. And that's also why you need a good lawyer, because once the legal system gets going, the odds are always against you.
With all that in mind, you also need to know that most police officers are just doing a job, and some are actually out there because they want to help. If you don't cause them to take issue with you, they probably won't go out of their way to make problems for you. But then you have those few who believe that you really have no rights and that's when things can get very bad, very quickly.
Rod H I’m always respectful and kind to anyone I speak with or interact with. I usually don’t have a hard time with anyone. I’ve been pulled over twice for minor traffic violations and had very pleasant experiences both times. I was cooperative and honest both times. I figure if I just be honest, upfront, safe, and respectful I’ll be ok!
@@rodh1404 I'd it really? How many have been shot recently and the cop found innocent.
"Hi, i'm Saul Goodman, did you know that you have rights?"
-Saul Goodman
Better call you, I want you as my Lawyer
Constitution says you do!
I don't want a criminal lawyer. I want a criminal lawyer.
Who can _you_ sue? Try libraries, school officials, your neighbors, your church, realtors, glassblowers, the handicapped, Amish elders, ...
LOL haha
Get out of the car and run. Even if you did nothing wrong.
🤣🤣
This works 68% of the time, now if you strip down and pop out of that bitch butt ass naked, your odds increase dramatically! We're talking 98.99999%, trust me I read it somewhere on a site that had millions of ads, so obviously it's legit! For white people there's an advantage... when you jump out make sure your ass is in the cops view, that shit will blind them!
Good luck fellas, and I'm not liable if you fall into that 2.1% hahaha
@@Cammmmeron 1.11111111% * lol
Seems legit.
😂 please don’t ever follow this advice
This guy is a stud. Good advice, do not give ammunition to the prosecution is essentially the message. Great video!
Actually the message is- "I'm giving you juuuuuust enough information so you'll get yourself in trouble, then NEED me, then call me, and then I make more money." This is nothing but a sales pitch, with a bonus: he's giving people information that will embolden them on a traffic stop and they'll try this bullshit and really need a lawyer after that. It's a win win for him, of course he wants you pull some dumb shit on a traffic stop, because then YOU'LL NEED HIM! $$$$$
@@petergriffin383 The way I look at it is that whoever is in this type of circumstance is fucked. However, you may minimize the legal ramifications by not implicating yourself. But, you make a valid point.
People with MS disease will not get through the eye test, but I guess, People with MS dont drive car.
My ex drove drunk, ran into a retaining wall and got caught. I normally don't agree with the DUI laws as they stand. But in this case it was beneficial to my custody plea. So it goes both ways. Depends on who's getting stopped.
When I worked for the county, my supervisor was alcoholic and drove (and wrecked) several county vehicles. This was before the DUI laws were popularized. Having been in his car during the work day when he ran into a guard rail, I wished there had been DUI laws at that time. There are those who cannot control their drinking due to being alcoholic and need someone to stop them.
I don't like the way cops stop people for no reason to see if they've been drinking. Had that happen to me when coming home from working late and was annoyed I was stopped just because I was driving late at night. That's not cool.
I'd like to see some reform of the DUI laws as written at present. Not all feet fit into one shoe.
So basically you want dui laws but you don't want them enforced on you
MK I don’t see how you got that from their comment.
All I know is that in Washington state if you refuse to blow they automatically revoke your license for a year.
Same in Michigan.
Similar to North Dakota.
LA too.
Same in New York State
Texas as well
This is 8 years later, but after reviewing a lot of the cases, I've come to realize that since you do not really have to engage with the officers as long as you do not obstruct their investigation and they are not supposed to extend the stop beyond what is necessary, the best course of action is likely to only barely crack the window open and have your ID, registration, insurance ready when the officer approaches. Don't speak, so they can't claim slurred speech and/or alcohol on your breath, don't look at them so they can't claim blood-shot eyes, and don't handle anything in front of them (papers, items) so they can't claim you fumbled it. It is their job to prove the RAS for the stop later on. If they have ID, insurance, and registration they have everything they can legally obtain to check you out, so if you don't answer their other questions it's not really something that the judge will hold over your head. Comply with orders, but don't speak, don't answer questions. Essentially, do not help them build their case. When you get your phone call, ring your lawyer and follow what they advise you to do. It is annoying, but it is only by increasing the number of illegal stops on the record that people will realize that the police is not on their side.
Exactly
“But Officer, I wasn’t driving. I was traveling...”
Mean Green i love live pd, nice reference
You do realize that legally those are actually two different things?
mrtimjitsu - Well, as stated, it was meant as humor. You dismiss that and want to get technical. Yes, the difference is obvious. You can drive a vehicle (which is a privilege not a right) to travel and a license is required. You can move about our country (U.S.A.) freely, aka: travel without permission, permit or license.
@@meangreen7389 the supreme court disagrees with you
@@jodofly1158 Where did you get this magical statistic? Just because you ridicule it, doesn't mean 99% of other people do as well. It is a good thing though that the ignorant majority (you) can't vote away the rights other other people because you like to live with your head in the sand.
Gotta be quite the drunk to go to a DUI info seminar 😂
Robert Slackware ooooooò!? Wouldn’t even let me know!!
Not really. There is a city near me that has a bar scene downtown, and the cops that patrol that area are notorious for arresting people for DUI who aren't over the legal limit.
Believe it or not, some cops and even entire departments are corrupt and try to get as much revenue from fines as possible.
You can get an OVI for blowing under the limit 🤦🏼♂️ .08 doesn’t mean shit, you can blow .09 and act completely normal bc you have a higher tolerance and someone can blow a .05 and be complete shit show bc they never drink
@@schecterman54 exactly why it's important to know the proper course of action in situations like these. Because by your own words the law is pointless and you could be completely sober and still get a DUI, DWI, or OVI. Sounds like a scam to me.
That’s a pretty stupid comment I want to know what the guy has to say and I’ve had five beers in my entire life and I’m 60 never had a DY and I got one speeding ticket in 25 years I guess everyone goes to the hospital has brain cancer oh well
in Mexico where I lived for years is $20 to the cop and if your nice they will escort you home. It's almost like it was here in the US maybe 50 years ago.
exactly. cops have gone nuts, everything is a federal crime, and you are a menace, cops are mostly insane
Yeah we know
My brother told me about stories of unlawful stops in mexico (drug planting) and paying off the mexican police at the stop
Mexican police are corrupt
@@flip2724 so are us police
50 yrs ago (1970 ish) you didn't offer an officer money ... that's attempted bribery all day.
50 yrs ago officers took you to jail to sleep it off. You didn't get a ride home. And if there wasn't a suitable public parking lot handy, your vehicle was impounded.
... maybe 70+ yrs ago?
But not 50. And never by bribery.
In certain situations, the officer might call you a taxi IF you could pay the cabbie ... or if you're under 21, might let you call a parent from a payphone. But if they put you in the car, you're going to jail.
It's true about what you said about driving drunk in the 80's and early 90's! In the early 90's I was caught getting out of my car to take a piss while drunk in the city of Philadelphia and I was leaning on the car drunk but told him I was smoking a joint with a roach in the ashtray which he seen and the officer told me to drive home and I was about 3 miles from home! Now you would never get away with that now!
Love this guy he’s so smooth. The DUI(now universally called ‘OWI’ regardless of drug being used) is cops biggest money maker . They take advantage of so many people
In colorado they have "implied consent" statutes that say if you refuse sobriety tests. The DMV will automatically revoke your license for one year and then the cop arrests you for "suspicion of DUI"
Washington you can refuse sobriety tests and field breathalyzer but not station calibrated breathalyzer! The problem with going out of state is courts allow cops to lie and so there's no way to know whether or not you have to comply!! I think it's past time for uniformity across states!
I'm not taking any field tests ever. I have MS and balance/memory are not things I can do most days. I've always known I would just tell them to bring the breathalyzer out because I never drink. Good to know there's no consequences for refusing the weird field tests they do.
They sometimes read that you've been drinking I had a friend experience it I had to make the guy blow into it himself them said you've been drinking on the job!!! Lol
Great video!
Body cameras have been the best thing ever because it gives a good perspective not only to the behaviors of the officers but also what police officers have to deal with on a daily basis 24/7 - 365 days a year!!!
In Massachusetts and RI if we don’t take the breathalyzer it’s an automatic 6 month suspension, unless you win your case your able to appeal the suspension, my DUI took about 8 months to completely fight and in the end the case was dropped as there was no alcohol in the vehicle, and they had no evidence other than them saying that I smelled like alcohol. When they showed up I also wasn’t driving the car and even though nobody else was around they couldn’t prove that I was driving and in the end I won. I had to represent myself as my public defender hardly ever answered me and also wasn’t to knowledgeable about DUIs in this state.
I wish I could be a lawyer.
Good tips though.
How were you stopped but not driving?
Thabks
I'm a retired union ironworker and when I was working I would leave early in the morning to beat the rush hour traffic .. cop asked me to walk a straight line and I said .. WHAAAAT,... on the ground? Lol
We walk 2 inch beams to 4ft beams 1 to 80 stories high 😂😂😂
Thank you for all of your hard work.
what does a 4ft beam look like?
@@welfarewagonrepairs like a big 2 inch beam.
If the cop was a freemason he might just have let you go.
haha damn.. I just took the IBEW Local 585 test.
Well I think the first step is to not drive drunk or high, that tip will save you you a shit load of money and time and stress.
No shit. And yet people still do it
That’s the secret lol not a stupid ass seminar of a idiot that wants your money lol
You think you need to be drunk, or anywhere close to drunk? I'm guessing you don't drink? Lol, good luck if you do...you can have 1 beer, and they will take your ass in, depending on the cop and what town or county you are in. Look out for the smaller towns...they need the money. You see, even if the case gets dismissed, they still make money, and I can promise you that there are a lot of towns out there that need the money.
@@MeesterVegas The small towns do make money? How? How do they make money when the town has to pay taxes for court costs, for the judge, prosecutor, a lawyer if you can't afford one, and the Deputies who arrest you? I'm not being smart, I'm just asking.
WATCH CZcams TWIT.
Stop running your mouth with YOUR OPINIONS.
TRY SOME FACTS AND REALTY.
Some moron with a badge was given a class on identifying different drugs in a human...
Suddenly HE'S AN EXPERT. Apparently 1 class years ago from some b.s. company selling nonsense to law enforcement make everone in the class experts.
ARRESTING ELDERLY people with heart conditions. And everyone else he pulled over.
My father is a biochemistry at the state University. Tenure, if that matters.
He use to be call as an expert witness to talk about the margin of error in blood test and breath. Explain the chemistry and how the test works, etc.
However, they created a state law that made it so you can't point out margin of error in these tests.
I never understood how that is constitutional. Seems they are limiting a person ability to defend themselves.
I'm guessing they're probably unconstitutional but no one willing to spend the money and time to challenge that law.
Thank you for sharing your information.
Wow interesting, thank you
Well to fix this just refuse all tests.
The test offered street side can be way off
They have a different far more Accurate machine typically at the police station..
Better yet
Sorry I refuse ( under my 5th amendment )
Rather put my faith in a breath or blood test then a cop ngl
These ladies are just trying to find loopholes so they can drink and drive. Lol.
@Robert Slackware thats why so many people get killed by drunk drivers right? lol some of these fuckers don't even know what side of the road they're on
@Robert Slackware yea sure but "practice" only lowers your chance of getting pulled over. In America, you can pretty much be singled out, followed by a cop, and pulled over under whatever discretion they feel like. So if you are a great drunk drive you can still be pulled over for a bs reason and its pretty much game over.
Robert Slackware You are misinterpreting that court case.
If he pulls you over for a legitimate reason, then you will never get their evidence suppressed.
The list of legit reasons for a traffic stop are huge. Texas has about a 5 inch thick book on traffic code. No need to make up a reason when you have literally hundreds of lawful reasons to choose from.
Alex Rohner i think people would change their tune about people being annoyed about getting pulled over for being suspected of drunk driving if it happens to them and their friends or family get killed on a highway. A family here in NJ lost both their kids in one night to a drunk driver that hit a college age sister and brother. Slammed into their car and killed them both. Their parents are still so destroyed years later now that they leave their bedroom light on so when they get home it looks like they are there. That’s how messed up they are over it. You don’t get over that. Ever.
Sure cops make excuses to pull people over and they’re dicks about it. I’ve gone through it myself. Not for alcohol but just in general, but it’ll be that one time they pull some asshole off the road who is hammered and could have put your or your families life in danger
@Robert Slackware You ever been drunk bud?
When you stick your hands out the window, throw up gang signs for extra credit.
Ha ha..
I always like to goof the cops by lunging for something hidden under the seat. and screaming Allah Akbar! Never fails to get a laugh.
@@AliensAnonymous Lmao dam
FYI, cops write notes on the ticket. Middle finger? Judge and /or prosecuter will see that. Same for wiseass comments. I just hand my stuff over and wait.
Know the speed limit? Yes
Know how fast you were going? Yes.
If they still don't get it, and ask how fast you were going? "Nice try". NEVER try to minimize a 75 in a 55 by saying , "Uh....65?" You've already admitted guilt
@@escapedfromnewyork you must be a lot fun at parties.
18:05 - males have a higher concentration of amylase nitrate. This enzyme is stored in the saliva, liver & pancreas. It speeds up the metabolism of alcohol.
0:29 "You have no rights whatsoever when you're driving around". That statement is completely wrong!
The US Constitution is the supreme law of the land and the rights guaranteed therein are applicable, even on the road. You don't become someone's slave at a traffic stop. You maintain all your freedoms as expressed in the US Constitution (and many times even more freedoms in State Constitutions).
If the lawyer's statement were true, the officer would be able to physically force the driver to do the breathalyzer and field sobriety tests. Why is that not allowed? Because the driver has freedom. Judges have already correctly judged that officers can't do that. That's part of our common law.
yeah , you try to tell that to the ex-marine vet recently back from Syria cop arresting you about you "Constitutional Rights" Cops are actually trained to see you as a terrorist if you even bring up the Constitution.
I would have to disagree with the holding your hands out of the window. It's very suspicious behavior, just keep them on the steering wheel, while not making any sudden movements.
Agreed
I just roll all of the windows all the way down, and put both hands on the top of the steering wheel. With my license and docs in them so I don't have to reach anywhere once he comes up to my car.
I was always told to put hands in plan view at 12 o'clock on the steering wheel and if it's dark turn on the dome light so he can see.
@@llerradish That was my response, turn on internal car lights if not bright or if it is likely to seem overcast/dark soon, and put both hands on steering wheel. (Any passengers to put hands in clear view such as on the dash or on your lap!).
I dont roll the window down
Dont put my hands out the window or on steering wheel
I say
What's the matter
Why did you pull me over
If you are watching this video in 2018 2019 be advise that the laws have changed even more.
Father Thomas are you talking about them changing back after the revolution of 2032 though? Or when they amended it in 2039??
Father Thomas no worries bud I’m in 3465 right now and the internet no longer supports comments on this thread
@Father Thomas don't even get me started. You can't even take a leak in your car anymore without ending up finding a PB&J in the passenger's seat... if you know what I mean
@Father Thomas consider yourself to be one of the lucky ones since they let you out, I lost a my great-uncle's step-mom to that. What on earth were you able to bribe them with?
Carson McRae on earth!? What’s that? I’m in 78,456 AD and from what the history data pads read humans left in 2745 after the air resources depleted. We are still aboard the new horizons ship many generations passed with only 200 years left till humans reach our new home. No law enforcement because everyone decided to work together as one human race. Generations that had police in their former generations had all been blown out the vacuum tunnel if ya know what I mean
I saw another attorney that said if a lawyer advises you to NOT take a blood or breath test, you'll absolutely lose your licence for at least six months and then you'll need to spend a lot more money on an attorney.
I think we need to research this advice.
Just don't drink and drive? yup that's the best way
Indeed.
Too many apologists for drunk driving - and looking for ways out is offensive in the extreme.
Sober people fail roadside breathalizer tests and sobriety tests. So the best way is to not drive at all
@@TheNYgolfer I'm completely sober and very tall. I just tried to balance with one foot off the ground and it makes me fall almost right away.
@@TheNYgolfer
Do you have a reliable source for statistics on breathalyzer false positive rate?
Edit: In my own search, I couldn't find a rate %, but even so, there's also a blood test you can do.
Don't know if you can opt in for that to prevent staying in jail too long, but you can't have any false positives with a blood test.
Mr. Wilson your statement makes too much sense; come on now, dumb it down a little for all the scofflaws!
RE: Sticking both hands out the window: My friend did that in Los Angeles. The cop told him it made him feel very nervous because it's usually gang bangers with a criminal record who do that. I place my left elbow on the window sill, and hang my right hand over the steering wheel to keep my hands visible.
They used to call me the dui guy in college!
griffin tok what do they call u at McDonalds
They call me the dui guy!
😂😂😂😂Hey theres that dumbass that was driving On the opposite lane at 3 AM lololol
@@ericmcdonough6771 FBUI ? Flipping burgurs......
I was stopped once by a cop because I was veering a little at night, going a little bit across the line a few times, so he thought I'd been drinking. I was stone cold sober was not on even a prescription drug, but I was sleepy. I was coming home from a long day and night at work. It was dumb, because I already knew that sleepy drivers can be just as dangerous as legally intoxicated ones. Anyway, after the cop talked to me, and he probably noted there was no alcohol smell, I was speaking clearly, plus I told him how long I worked, he let me go with a warning. I was "woken up" by that encounter, and close to home, so got home ok.
In jersey never admit you are tired, it's also a CRIME, yup, driving while sleepy is a CRIME in Jersey...mostly say nothing..they are after truck drivers that drive too long, but will use it for their convenience when they want
@Football Fan GGMU Yes.
@@thomasryan2679 cops are special...laws are for you not them...and yes..its real...sleepy driving...another violation...everything is a violation in this country..except for the enforcers...rah rah rah..
@@thomasryan2679 staying in left lane is a violation...more than 1/2 mile is a violation...stay right pass left...why do cops never get out of left lane? No emergency lights on...no emergency..cus they are special...rules are for peons..not the enforcers....its pretty vile...obey...but the state enforcers are special
I hate it some place the white line is almost gone an pitch black like I can’t f see . Lol pray there a car up ahead so u can follow them
In Oregon, it's implied consent. If you refuse, it's auto license revoked for a year. That includes refusal to blood, urine and breath.
If they have good reasoning to arrest you, they will get a court order/ warrant for you to take it. Willingly or otherwise.
If you are DUI the more time between your last drink and whatever test they mandate the better for your levels. I don’t drink because I drive for a living, but I’d much rather work towards clearing a suspension than trying to clear a DUI from my record.
I was pulled over once when I was totally drunk and luckily the cop didnt suspect anything, I just stayed calm and kept my replies as short as possible. When you start talking a lot it makes it easier to recognize. Needless to say it was scary enough to never drink and drive again lol
Bro I was driving while really high. When the cop came and told me to get out the car I asked multiple times am I within my right not to? We went back in forth but he said well obviously if you're arguing with me you're ok to drive lmao
@@drippy4622 they cant test you for being high idiot lol. Just say My car always smells like weed.
face you've never lived in Oklahoma lol. They do whatever they feel like at that moment. They easily can just detain me and get a blood test. Bro unless you are a judge with the president in the backseat, the law is whatever oklahoma cop says it is
@@shuturface7918 I'm not gonna tell a oklahoma cop my car always smells like weed lmaoooo
First thing you do is get your cell phone recording.
I REALLY like that idea (and you'll understand why in a second -- keep reading). There was a case up in Northern Kentucky last year where the sworn peace officer got the boot because s/he was caught lying on the stand. What s/he did not know -- the Defendant had a cell phone recording of everything that happened at the time of their stop. They recorded just the audio, but it was enough to win the case. The judge was FURIOUS when s/he found out the government's police officer was openly perjuring him/herself and their team on the stand.
Always record the cops.
The DUI Guy
I record any interaction with police and never tell them.
Absolutely the first thing you do is TURN ON YOUR CELL PHONE CAMERA !!! Always record !!! The most important thing you can do is not call your lawyer but start recording the encounter !! This lawyer sounds like someone representing the cops ! He also sounds like a c-or D law school lawyer ! I would prefer an A lawyer !!!! He never mentions doors locked ,windows up !! Isn't the citizens safety here as important as the cops????? Actually both the cops and citizens safety is enhanced with your doors locked,windows up ! Think about it Mr.lawyer !!!!! And if the cop responds to your legitimate right to remain silent in a agressive manner by saying , " Oh , you want to play that game ,do you !" I will not exit my car ! I will always err on the side of MY SAFETY !!! As a citizen I have the right not to be harrassed, intimidated, or harmed by this angry cop !!! Citizens have been KILLED by rogue cops and went to prison for life BUT your DEAD !!!!! No thank you ,call 911 . You want as many witnesses as possible for your personal safety!!!! I heard this lawyer say more for the benefit of the cops than for the citizens !!!I would never use this lawyer to defend me !!! If you would look at his law school transcript ,which they would never allow, I can almost guess that he was a C student at best !!!!
First thing you do is call your Jew lawyer
True. I was pulled over 10 years ago and was clearly drunk. I had to cover one eye so I didn't see two roads in front of me. Cop asked how much I was drinking, I replied that I don't drink, and have never drank. He has me get out and starts trying to do an eye test, I refused, telling him it was too distracting. Mind you I'm very polite and on camera the whole time. Eventually refusing any test. He arrests me, and at the police station asks to give the test on a different machine, I refused. He then said if I take the test I can leave jail right now. I said nah. Spent 3 days in jail, still drunk for half that time. It was a Friday night with a holiday on Monday, so basically the longest time you can spend before seeing a judge. The judge, I think was mad because I wouldn't even tell the police my address, so he set my bail at $8000 w/10% so luckily I got out.
During the pretrial negotiations the prosecutor said they will reduce it to reckless op if I take a DUI class, I refused. Five minutes later they say, OK, wreckless op anyway. I didn't want to spend 5 grand defending a non dui case so I took it. Also, I quit drinking completely so am not worried about it anymore.
I'm Pennsylvania, if you refuse a blood test or (calibrated) breathalyzer test, it is an automatic suspension. You agree to this when you sign your license.
Title should be changed to "Why You Should ALWAYS REFUSE ALL Breathalyzers and Field Sobriety Tests if you've been drinking"
Field sobriety tests are designed to fail, you can fail them even if you're stone cold sober
In the end its the cops judgement even if you didn't blow and he'll likely still book you for DUI based on his rat's ass presumption that you were drinking. Its a money pit, lawyers and courts all benefit from it except for you.
So true
Things sure have changed! I have not drank for 38 years, but back then, I got stopped quite a few times, rarely sober, never got a DUI. The cop would ask me if I had been drinking, I figured he could tell, and so I answered politely and honestly "yes"! I would be asked if I could get home OK, and told not to be seen this way again. Who drank more than I did . . . you guessed it, the cops! We drank at the same saloon. This was in suburban Chicago. Now, when I drive, I can't imagine how it would even be possible to drive drunk, the way traffic is.
There's no such thing as a "good" cop.
The existence of even a single un-arrested "bad" cop, proves it.
My sister works for the local DA's office and she said the exact same thing. Refuse the breath test and request a blood test. You'll lose your license but it's much more likely that a blood test several hours after your arrest probably won't prove DUI.
In NH, it's the cop's choice as to what test is given. The arrested person doesn't have a say in it. I used to work part time as a cop and would always get a blood test because we didn't have to wait around and I could just bring them to the local hospital and get blood quicker than breath test.
Blood tests are immediately performed. Just the time it takes to drive to the hospital or lab or jail even. Not sure where you live that it takes “hours” 😂. Delays in time can even harm your case if you were recently drinking, it’s likely your alcohol content can even INCREASE instead of your “theory” of decreasing 😂
It’s also possible they’ll ship the blood test by US Mail, who will take 10 days to deliver it, allowing the sample to ferment, causing a higher reading than what it was at the time-and the judge will still allow the test result in as evidence and the jury will believe it over your expert witness who explains why this test is unreliable.
I don’t even think I want to volunteer for a blood test after seeing that trial.
I was a Trooper for several years... to save you 50 minutes don’t do any tests... Be polite, respectful but decline. And most of all don’t fall asleep. Sounds silly but if you can’t keep your eyes open it’s not a good sign. If you do SFSTs it’s more evidence against you, if you submit to a breath test, well you just fucked yourself over and they really have some good evidence against you. Now, if you committed felony DUI then you’re screwed... They are getting a warrant and they are getting what ever sample needed.
I know at least in NJ and GA, they can arrest you with a dwi for just refusing the tests
@FFEMTB08: I refused a breath & blood test in 2002, and that accomplished NOTHING, as a judge simply faxed a warrant for both. It was a felony either, but a misdemeanor, 1st offense DUI.
Still took me 50 minutes to read this. Im a slow reader.
@Gun luvr28 This is insane lol I've literally been black-out drunk and gotten the DUI charge reduced to reckless op because I refused all tests. My attorney said "I wish all my cases were like yours!"
Maybe the police in your area are way more aggressive in getting blood specimens but definitely not the case in my state in the Midwest. Telling people to refuse all tests still seems like the way to go - it can only hurt you.
@@TCreatorO in NJ, you automatically are considered to have given consent to provide a breath sample when you get your license. it's also an official offense. so just do it and take the DUI/DWI charge and try to fight it later. at least in NJ it's not a criminal charge, it's considered a traffic type violation. don't get me wrong, there's a whole ton of consequences and they WILL arrest you and bring you back to the station, but you're not going to jail right after.
at driving school (not in the USA) they taught us that if you are above the legal limit, you should try to waste as much time as possible before taking the test at the police station/hospital/etc... to make it lower and get less trouble
What if you are still digesting alcohol, and by wasting time, your age actually CLIMBING? Bet you didn't think of that!
Refusing to take the breath test at the police station in Massachusetts you automatically lose your license (6 months - first offense, 3 years - under 21 or second offense, 5 years - third offense, and lifetime loss - fourth offense). But, without a failed breath test the prosecution will have a tougher time proving you were intoxicated.
Keep your hands on the steering wheel wtf don’t have to put them outside the window
THE PBT IS **NOT** PROBABLE CAUSE FOR ARREST -- it adds to reasonable suspicion building towards probable cause
Refuse field sobriety in NJ, get 7 month license suspension, get an ignition interlock device installed in your car for 6 months after the suspension is over, pay for DUI classes, pay for the interlock device installation, 6 month lease and removal, then pay fines to NJ totaling over $5000!!!!
So I guess Kentucky is very difficult.
So don’t take advice on CZcams blindly. Ask a lawyer in your state before refusing. Trust me, I went through it. And I didn’t get a DUI!!!
I've admitted to running red lights multiple times and only got warnings. They appreciate the honesty.
Not the same as a DUI.
Say nothing do nothing admit nothing. Make this cop work
Exactly. Literally carry me to your cop car since you wanna be racist. I cant walk nor talk.
@@drippy4622 😂😂😂😂
The framers of the Constitution would be spinning in their graves if they saw the country today
With all these criminal cops
Levi Jesse - And still you’d be the first to call a criminal in a time of an emergency.
@@meangreen7389 never have once in my life. And I've been in several emergencies. Yourself?
Levi Jesse - Then consider yourself lucky. If you or your family are ever in harms way, you’ll be crying out like a little girl to those very criminals you so affectionately describe. Don’t kid yourself cuz only a smart ass like you thinks he’s Superman.
@Mean Green.....I can honestly say it's unlikely i would ever call the cops myself. If someone broke into my home and I shot them, I'd have my wife call them. (You don't want your own voice on the 911 tape......he was too calm, he was too excited).
I'd call my attorney while my wife is calling 911.
Most law offices have 24/7 on-call attorneys for situations where you need to speak to an attorney in real time!
You know how much I love this channel I would do the tests the officer ask; because if I can pass those tests and avoid the dui or possibly have my license revoked, will not cost money but if I did, it’ll go into the lawyers pockets or the court system. I’ll roll the dice with the officer’s test, it’s the same thing as seeing if you beat it in court or not...
Be sure to tell the officer you have a gun and then start reaching under the seat frantically
Polack Wizerd That’s what I always do but before I do that I paint my face black
In Wisconsin If you refuse a breath alyzer you are then subject to a blood draw under implied consent. The Officers take you to the hospital and draw your blood again under implied consent.
augreich SCOTUS has ruled this unconstitutional.
@@thomasobviousky it's about damn time. At the time I told them it was completely Unconstitutional and they just laughed and said that's what all drunks say.
condensed version: Comply but refuse all tests. Do not answer questions beyond your name, DOB, address. We had a lawyer who did seminars like this. He said all of the same things but handed out cards to put in our wallets which stated : My Name is :, I reside at :, my DOB is : I am exercising my constitutional rights and refuse to submit to any police questioning or any tests...No inferences of guilt may be made by my refusal to voluntarily cooperate with police. If I am arrested, I am immediately invoking my right to speak to an attorney as of this minute and I demand the ability to contact my attorney. He explained that people can also make a similar card themselves and keep it next to their license so they can hand it to the officer with their license, Reg and Insurance cards. That way, we do not speak where the officer may detect slurred speech. We were told to keep our hands on the steering wheel at all times and look forward so they cannot see our eyes. This same attorney also had forms for parents to fill out and give to their minor children in the event they are ever contacted by police. The form said the kids names, address etc and then said my children may never be interviewed/interrogated by police without a parent present. Further, they were invoking the child's right to counsel immediately without any date of expiration. He recommended parents serve all police agencies in the area with these forms to have on file. Once a police agency is aware that a minor's parents have invoked their child's rights against self-incrimination, they cannot speak to them as if they have already hired an attorney. This matters if the kids are ever pulled in and are interrogated. All fruits of the interrogation will be thrown out because the parents can prove the form was served on that agency on whatever date. Whether that holds up not sure. Bottom line, tell your kids that unfortunately, Officer Friendly is NEVER your friend and must always be considered an agent of the state whose job it is to work against your best interests...teach them to NEVER speak to cops. If a cop stops them for ANY reason, the conversation should go like this: cop: Hey you, stop right there, I wanna talk to you. You: do as ordered, say NOTHING. cop: starts asking questions. You: Say nothing. Cop: why are you saying nothing? You: say nothing other than "I don't wish to speak to you about anything, am I free to go?". The cop will be in a tough spot and will need to either detain you longer or let you go. If you are on foot or bike, you do not need to comply with order to ID self. If you are ever stopped and are not free to leave, inform the cop immediately that you want an attorney. Then SHUT UP!
I'm from Michigan but I still thought this was a great education. You have a really good personality.
I always thought tests were self incriminating and a violation of rights.
They're optional till you get back to the station (in most states)
I got stopped and arrested for DWI in 1990. I told the Police that I requested my Lawyer during testing and/or questioning. This was classified as a refusal in Texas. At trial,both cops told different stories,one saying I said nothing[truth],the other said that I staggered and slurred my speech. I was acquitted,as there was no evidence.
Lha A
I’ve beat three DUI cases in much the same way.
Were talking about 1990 buddy lol Old ass cop cars no dash cams or body cams lol
@@chrisj197438 stop driving drunk you fucken dick
In Sweden 🇸🇪 we are not allowed to have even taken a sip of light beer to be convicted of drunk driving… the limit is at 0,01 ppm just so you know! And the headlights needs to be ALWAYS on!
I barely drink but I find these videos and the laws very interesting. And I like to know what my rights are BEFORE I get pulled over. And even though there is a VERY slim chance I will ever get pulled over for DUI in my life.... it’s good to know what rights you have when interacting with the police. Way to go.... DUI Guy!
He said around the 5:25 to 5:35 time..."he will bring it out of his belt and ask you to blow" LMAO
Just call a taxi/Uber/Lyft if you've been drinking.
Exactly Troy....its not rocket science if you consume alcoholic beverages there are so many other helpful legal options to seek where you need to common sense answer man thank you
The problem is you can fail a field sobriety test and breath test when you haven't had a drink. Both tests are notoriously inaccurate.
In NJ if you refuse a breathalyzer or even the few tests they do on the side of the road, your considered guilty of DUI with all the same repercussions
When they ask for breathalyzer or foeld sobriety, my go to is, " I am disinclined to acquiesce to your request." Followed by, arrrr.
There are microphones in some cars...it's a little box on the back of the seat... I used to install them...
Why?
@@caracrabtree715 why did I install them or why do they have them?
This should be trained and tested to get your driver's license!
I liked his sneak info leak on the “wall cam.” Footage that they’ve been wanting from the D.A. that he has been cockblocking for how ever many cases they want to see it was resolved fairly.
Smoothe.
Just a quick note that virtually none of this applies in Canada where you actually have to provide a roadside breath sample. Failure to povide is against the law for up to two hours (even after you've left your car). And you can be charged with multiple offenses past the failure to provide including care and control, impaired driving, and driving with a level over .08.
Where I live in Wisconsin if you are stopped for suspicion of DWI you are going to jail for the night even after blowing 0.00000 on the breathalyzer. They just charge you with driving under influence of illicit drugs.
That's where you have stop and go lights right? lol :)
Home of the "bubbler".
Wisconsin is the most fucked up retarded state out of all the shit hole 50 states
@@chrisweber759
No Illinois is worse.
Omg fuk America. What a shit country u live in!
“Sir, this is the breakfast bar at a Holiday Inn Express...”
😆😂
The lesson learned.. never talk to police. Never talk to police. Never talk to police. And never ever talk in the version of a field sobriety test for any reason. Refuse to exit under the grounds that this is an attempt to expand a search to your person, the vehicle, and self incrimination by action.
I live in a small town that generates a lot of its revenue through DUI convictions. You can basically match the amount of bars with churches in my town, if that's any sort of indicator. I'm a bartender with over 20 years experience. I come home from work every night smelling like alcohol whether I had a drink or not. Which brings me to my point.
I started bartending back in my early 20's. At that time, I drove a '1981 Z28 Camaro'. It was an attention grabber. It was parked outside the bar I worked, for at least 8 hours, 4 nights a week. One morning after finishing my shift, I decided to drive to a local _'Perkins'_ to grab some breakfast. I was pulled over after the officer decided to kick on his high beams and ride my bumper for about a half a mile. I was understandably agitated by this.
The first thing the officer asked me after taking my license was *"Have you been drinking?"* To which I responded with *"That depends on the drink."* He wasn't amused by that, and asked me to perform a "field sobriety test" to which I refused. I didn't do this because I was aware of my rights or anything like that. I did it because I hadn't been drinking, and I was acting more out of rebelliousness than I was trying to make a point.
The officer explained to me that I smelled like alcohol and he'd noticed my car parked outside of the bar (that I worked at) several nights that last week. I explained to him that I worked there and I hadn't been drinking. He threatened to take me to get my BAC checked at the hospital. I told him that was perfectly fine. My demeanor, attitude, and overall composure was *"RESPECTFUL"* and *"COHERENT",* the only exception being that I was noticeably irritated. The officer went back to his car for a few minutes before coming back to give me my license and issue me a warning to *"slow it down."* He knew he didn't have anything on me, but he was hunting anyway...
They are always fishing, hunting, motorists are easy prey, just for being there.
Of course, the BEST way to beat a DUI is to not drive after drinking.
Better to just not drink at all.
Absolutely! It’s called Plausible deniability. Call an Uber. It may cost you $20, $40 or even $100- it’s cheaper than a lawyer and court fees, fines and loss of income could run over $10,000!!!
120 Uber rides costs about $10,000. Take your pick.
Yep!!! Don’t drink and drive!! It’s 2019! There are so many ways to get home safely!
13Bull13 or your life or someone else’s life!
We haven't got a chance in the UK. If the police say you have done it. That's it end of story. It's not much better in the US but at least you have a constitution.
Yeah, but our problem is nobody reads it
I won my DUI trail just by listening to your videos many times for a long while while driving home from work. . I could do this for a living if I had a law degree or a license.
A “DUI trail” is a great idea! We could put the barrels with water on the sides just like race cars use!
Very nice!
in NY they suspend your license for a refusal, then revoke it if you meet 3 criteria, 1) did the officer have a reason to stop you, 2) did the officer have reasonable cause to believe that you had been drinking,and 3) did you refuse. If your license is revoked, it is road test time when you are eligible to get your license back. usually the admin hearing to revoke your license is months before your DWI trial
I’ve seen officers. Arrest as soon as they say no to the test
They can now in some states. If you refuse then you are placed under arrest for "Suspicion of Driving Under the Influence", processed at the station and from there the laws very from state to state. You'll go home the next day but not before the cops literally suck your blood out. I know DUI is serious but so is violating rights and assuming anyone with alcohol in them is at fault.
I was going to say that this is 50 minutes of my life that I would never get back, however it was a painful 35.
I had asked a question that was kind of answered in the video description. I wanted to know if it was ok to refuse tests in NYC. I asked that because I was shocked when larry said it wasnt a crime as I'd always thought it was. I read the description and found out yes it is NOT a uniform rule. It IS NOT ok to refuse tests everywhere. It's even a CRIME to refuse and I have to say that is ABSOLUTELY DISGUSTING! A CRIME TO REFUSE! WTF HAPPENED TO THIS COUNTRY!
One night I was pulled over for... to this day I am not sure why I was pulled over.... I took my license, registration, proof of insurance and two camera's... cell phone and go pro... and stepped out of my vehicle and locked it up tight. I walked to the front of my vehicle placed my hands in plan sight and waited.
The officers approached me with weapons drawn yelling all sorts of things... I just stood there with my hands in plan sight and asked, are your weapons out for your protection and mine? I ask why are you stopping me? At this point I am cuffed for all our safety they say... which was fine...
I did consent to a pat down or frisk where they found my license, registration, and proof of insurance... and of course two camera's.
They asked to search my vehicle and I said NO.... again I asked why I was stopped... was I being detained for a crime past, present, or future? was I free to go...
OF course they asked where I was coming from, to which I did not answer. They asked where I was going and I responded, HOME.... and reminded them that the address they asked about on my license was current. They asked if I had been drinking, smoking, on and on to which I responded to in silence. I asked again, am I free to go?
I told them I did not feel safe with these two armed strangers asking me questions and if I was free to go.
They looked my car over trying to find a violation which they could not do... PLUS I had all necessary paper work on hand.... YOU are not required to share any more information in Washington State. I continued to ask if I was free to go....OH.... I did not bring the GO PRO out of the vehicle. I left it on the dash filming the front of my vehicle which they noticed after about 5 minutes. Remember My vehicle was locked up tight. with no consent to search it.
They told me I was going to jail, that my vehicle would be impounded, search, and I would be charged for anything found inside my vehicle. To which I asked, am I free to go since you have not told me of any crime being committed or thought would be committed.
After running my Drivers License and my Vehicle Registration finding I have NEVER been arrested ever. AND the GO Pro that they could not get to inside my vehicle was filming everything (which surprised me that they did not move me to the rear of the vehicle out of the camera's view). They finally allowed me to leave with a warning.
Failure to use due care and caution for the conditions.... that is the catch all in Washington State. I returned my paper work into my pockets, got my cell phone and started filming once again. I went to my door to enter my vehicle and one of the officers asked how was I going to get in without my keys.... I was a little surprised they did not know what all the buttons under the door handle were for.... I wanted to wait until the Officers were back near their vehicle so I could enter my vehicle without them grabbing the door before I got it locked. Which I did. I sat and uploaded the GO PRO and CELL PHONE video to my personal site. One of the Officers came up and asked if everything was OK to which I explained I uploaded the videos for later reference should need be and was ready to continue home.... He left and all was well.
Stay calm, stay polite, refuse to answer with all due respect. Answer or talk as little as possible. Best of all pray you are not alone like I was. Good luck out there.
I believe I heard them call for a K-9 unit but none were available at this time... thank goodness.
OH, just for the record I do not smoke anything, and do not drink alcohol and have not for over 30 years. I was waiting to hear the," I smell pot or alcohol" lie.
In my state refusing a breathalyzer is an automatic license suspension.
All 50 states have that provision. It's the implied consent provision.
You should probably specify the difference between refusing a PBT test roadside and an evidentiary breath test. might cause some confusion. I would think if you're such a good DUI attorney you would have explained that.
in illinois, i was charged with a DUI for refusing a roadside blood test
Kodar: Police officers can do that if they have reasonable suspicion to believe that you are operating a motor vehicle under the influence.
@@TheDUIGuyPlus im fighting the case. First, I have some really convincing evidence with Google maps, picture i took during the traffic stop with unedited metadata showing no probable cause in the stop. Also, i was honestly sober. Very young very new shady cop in a small town, trust me on the shady part. Want to take a look at my case? I have everything; my evidence, motion of discovery, court transcripts for each court date as well as the states evidence. Its pretty organized if you want to check it out?
I mean can’t you just say, officer I respectively decline to answer any questions. Obviously, hand over your license and registration when asked for a lawful stop but I do not answer any questions.
To my understanding and correct me if Im wrong. You still have to comply physically to a lawful extent. So if he tells you to get out of the vehicle to perform a test you need to. Hence why there are consequences to when you deny a test. Verbally sure you can object and not answer questions but once you physically dont comply they can charge you with a multitude of things.
Bong Weed , officer I will comply with your commands, but I refuse to test.
You will get arrested for dui if you refuse to answer his questions the cop will claim it is not normal and charge you with dui drug
No way in hell am I putting both my hands out the window lol. They can go on my steering wheel.
What is your advice with regards to answering (or not answering) the officer's questions, especially if he asks "have you been drinking?" In other words, what is the best way to say "I'm not answering any questions" without pissing him off?
Here's an idea for everyone... Don't drink and drive, and then no worries about a DUI! It's not hard folks.
Not necessarily. I once blew an amount over the limit, and I had NOTHING to drink. I am diabetic and my blood sugar was extremely high. On the old Breathalyzers, they would falsely detect alcohol if your blood sugar went very high. I called for a supervisor who actually knew this, and they did a blood test which came back negative. (this was at a DWI checkpoint).
@@markemanuele1929 My point still stands. You were not impaired by alcohol, so you had no reason to be worried about receiving a DUI. And another test was able to confirm that. An inconvenience sure, but you had nothing to worry about. I dont think this video is aimed towards diabetics.
@@imCurveee Actually, If the supervisor was not there, the officer WOULD have arrested me. Granted, I would have won in court (most likely) but I would have been inconvenienced AND would have had an arrest record. Now That being said, I have very little tolerance for anyone driving while under the influence. In 1989, my fiance Sara was killed by a drunk driver.
I agree that it would have been a major headache for you had that supervisor not been present. I'm not sure where you're from but here in Toronto, Canada it seems like impaired/distracted driving keeps getting worse. Your situation is probably not the norm, I would guess that most people arrested for DUI actually were drinking. That's who I perceived this video to be directed towards. And I am sorry to hear about your loss, its tragic hearing stories like that. RIP
@@markemanuele1929 The on-scene breathalyzer only helps bring you to the station. If you were arrested for DUI on the scene, they would have done a blood draw, which in this case, supervisor or not, wouldn't have gone to jail either way because it was your blood sugar.
As soon as you do in Arizona, your license is automatically suspended for 12 months. Accused, no day in court and sentenced with just 1 word....No.
No ignition interlock option?
Can you petition for a hardship license? How ‘bout if you found not guilty at trial or case dismissed?
@@gene8172 In Kentucky, yes. After you fulfilled the minimum license suspension sentence (if you were sentenced to more than the minimum). If not guilty, but refused, can still be "guilty" of the refusal; thus suspended with NO eligibility for hardship. That's when you go for the ignition interlock device.
I’ve watched a lot of DUI stops on CZcams and either the cop either says he wants to do a test to see if you are safe to drive or goes straight in to performing a field sobriety test. First off you can not pass a field sobriety test; you either fail or not fail, the result is never that you are safe to drive. If the cop never asks and starts performing the FST you have to recognize what he is doing and assert your right not to participate. I am over 65 and can not successfully complete the walk and turn nor the one leg stand. When I see subjects doing the one leg stand I observe them standing on their left foot and raising their right foot. Which is the natural thing to do. Since my dominant foot is my right foot I find I can balance for a longer time by standing on my right foot and lifting my left because my right foot/ankle/leg is stronger than the left. Also, since you fail the walk and turn test if you don’t follow the directions exactly, I wonder what the cop would do if you didn’t turn around at the very end, leaving your back to the cop? The instructions never say to make a second 180 turn. To answer my own question, perhaps this would make it that much easier for the cop to handcuff you as he makes the arrest.
1. Some states law is refusing to a DUI test is automatic loss of Drivers license, and or admission to guilt
2. It doesn't matter what number the test show, any amount can be considered DUI if the officer states it has an effect on the driver.
3. Even if youre sober, an officer can book you under DUI if he has probable cause.
hatersaywhat you are going to lose your license anyway on dui AND when you take a test you are only giving evidence against yourself .. now you lose license have fines , classes etc ,,,, without a license anyway ,,, me I’m lucky That’s with more than two felony convictions they can’t put you on any kind of probation to take classes so I just get a fine anyway
Arrested me as passenger, and I blew. , O.08, then blew less at jail! Still kept me. Said it was his discretion, N.H.
That's crooked Nh
I don't have the money for school... So idk if I'll ever make it but your videos make me feel like I'm the class man..
Thank you.
Very true I get let off of speeding tixx/DUI because I pull over enough so that way it is safe for him to come up to my window, and respect should always flow like that.