3 Secret Weapons If You Are Pulled Over For DUI | Washington State Attorney
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- čas přidán 27. 07. 2024
- Experienced Attorney Lance Fryrear reveals 3 Secret Weapons if you are Pulled Over for DUI in Washington State. In this video, Lance explains how to handle a Field Sobriety Test, why you shouldn't answer the police's DUI questions, and when you should ask to speak privately with an attorney. If you have more questions or think you may need an attorney's help, please give our office a call. We are here for you!
#HowToBeatADUICharge #DUILaws #DUITips
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A single criminal accusation should not define your life - and we won't let it. We're here to put an end to the nightmare and fight back against the system, so you can get your life back.
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Information provided on this channel is intended for general informational purposes only and does not constitute legal advice or a legal opinion. You should not act upon this information without consulting us or another legal professional. No attorney-client relationship will be established by engaging with our channel.
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The Law Offices of Lance Fryrear
www.washingtoncriminaldefensefirm.com
(425) 670-9090
19401 40th Avenue West
Suite 340
Lynnwood, WA 98036
Now the trick is remembering to do all these things when you’re drunk 😂
The real trick is remembering these things when you're Stone cold SOBER!! I don't drink (but I did, from my 20's to my mid-30's) - honestly there were a few times I probably should have gotten pulled over, but never did. Now that I'm in my 60's, with decimated knees and ankles, I would never do the FST especially at night and roadside. That's for sure!
LOL good point!
@@MagesseT1 My balance is not great either. I too am in my 60's and I drink very little but this say no to field sobriety test is great advice. More good advice is, avoid driving late at night or past midnight. That's when a lot of bad things happen.
@@MagesseT1 same here. i'm 50 and prior to covid, cops pulled me over at least once a month for dwi allegedly. i mean surely a white irish american male driving after 1am is drinking, right? lol. in my case it's delivering doordash food to and from bars/restaurant usually but cops don't care. i actually kinda have fun fkng with cops when they try to get what they think is an easy dwi arrest. i play all kinds of games. lol
What trick? If you're able to walk to your car, start it, drive and make your way home.... can't be a..a...trick???
3:00 Roadside tests are like carnival games - you can never win. Don't play the roadside game. Refuse.
Always remember folks, that there is not one attorney or one judge in this whole USA that would EVER take a road side sobriety test. Why in thee Hell would you?
Cops admit that even THEY can't do them without looking inebriated...
Based on what I’ve seen at a State Police golf outing, where the clubhouse ran out of beer before noon, I’d say quite a few police officers drive drunk.
In TEXAS...they have no refusal laws . Not sure how it works????
Each state is different.
In my state, refusal = automatic 1 yr suspension, sooo... um you were saying?
I have never driven drunk but love good information like this that helps me understand the law better.
After watching this video it sounds like every viewer needs an attorney retained at all times
I retired in 1997 after 30 years and have been stopped by a traffic cop only twice. Both times I cooperated, didn’t argue and was released w/a warning w/i a few minutes. Don’t argue the merits of the stop, if you’re mistreated file a formal complaint w/the department, and take all arguments to court.
1. Finish your beer
2. Hide the bottle(s)
3. Yell at the cop for eating too many donuts.
nah- don't hide the bottle... hand it to the cop, then take his picture holding bottle and post to social media immediately about "partying with cops." See if you get a ticket THEN. :)
A sobriety test is like answering questions as they are only used for prosecution and never to exonerate anyone.
True. They call everything a clue and in calling things clues they are always a clue to you failing. I had a cop tell me to walk an imaginary line on video and write in the report I stepped off the line as an indicator. Charges got dismissed for no evidence of drunk driving but catching the officer lying isn't a good reason to not believe the implied consent statement and the state still took my license. I probably have one of the strongest cases in the entire country as to why implied consent laws are absolutely unconstitutional.
@Peter Lorimer Not always. there's a couple of videos where a driver passed both roadside sobriety tests and the portable breathalyzer, but was still arrested and taken to jail. One person even passed the big breathalyzer at the cop station and then the police forced him to take a blood draw. Since the results take days to come back, the guy wasn't immediately exonerated.
@@bradpotter6401 You've never been charged with this have you? When you beat the cop so bad at the suppression that he starts to squirm in his seat a jury will not be allowed to hear the previously told lies under oath. The only way you would ever be told you passed is if you're not going to be charged. If you reach the courtroom all the officer will ever testify to is indicators and clues. They will not say fail or pass because the test is subjective.
@Peter Lorimer You can blow .02 and be charged Peter. You don't have to be drunk. Any under the influence behavior combined they are willing to call a cue is enough to charge and arrest you. Their cue can be something as simple as not hearing an instruction completely. Never blow for any reason on scene.
@@MonteCarlo-rx4hu No, I've never been charged with this. Have you? But then again, we don't have to be charged with something to see what happens when an event is video recorded. Plus the legal actions don't have to stop at your case being dismissed. It can go on to people suing the police when they've been falsely arrested and charged.
Been through it Dec. 2010 Regrettably I did a field test and breath test at the station and it was a hair over .08. Decided to go to trial. Opted for bench trial. Result despite test results was FNG. Good attorney. I didn't testify. The video of my field test and arrest was enough to say to the judge that I was not UI. If ever again I'll never take any test before consulting an attorney. Thanks
Yeah, but you're still a jerk that drove under influence.
@@fubartotale3389 I didn't beat the system. A judge after a trial where the officer was on the stand and all the dash cam and body cam footage and the breath test results were admitted found me not guilty of DUI. And that's what matters. The evidence was not there but that doesn't matter to you does it?
@@SkittlesBorisWell the obviously the evidence for the person that you're complaining about too and that is why they got off. When you are boardline like that it has to do with what evidence there is and these roadside tests are very inaccurate but meanwhile the rest of the stop could be just fine but they just can't pass those tests. I've seen people arrested that flowing zeros and you know the cop just makes up why I smell weed now and all kinds of crap the rest people. The problem is the cop does not pay for you lawyer or deal with having the arrest on your record.
If you are truly innocent...trial by judge .
If you are guilty...you need a lawyer....if you really are innocent...then you really really do need a lawyer!!
For the wallet card:
1) Refuse the field sobriety test if asked.
2) When arrested ask to speak with an attorney before taking a breath test. Be sure to ask for privacy.
3) Do not answer any questions.
4) If you are confused about anything, tell them you are confused. You have the right to understand. Your confusion will invalidate implied consent.
5) Prior to a breath test you should have nothing in your mouth for at least 15 minutes (gum, food, etc.)
Too bad so much of this advice is incorrect. Just Google it. Or ask any judge.
@@jgrab1
When I was growing up, my uncle always told us to tell the cop you are mentally unable to do a field sobriety test and let the officer arrest you for suspicion of driving under the influence.
Once arrested and back at the station, ask for an attorney to be present during all questioning including a breathalyzer and/or blood draw.
By the time a lawyer shows up, no problem.
My uncle was a cop for 40 years.
@@-_-John-_- Don’t agree with any of this “cheat the system stuff”. If you are drinking and driving you deserve anything that you get, and more. You are endangering lives. I have lost friends to cheating drunk drivers.
@@roadboat9216
Don't kill the messenger.
My uncle wasn't telling us to "cheat the system" and kill people.
It was more about don't fall for cops tricks to give you a DUI when you're not impaired.
What attorney answers his phone at 1:00am ???.
Secret weapon #3 is "Don't Talk To The Police" which I agree with wholeheartedly but that begins as soon as you are stopped. Not after he asks how many drinks you've had and you say "a couple" (go back and look at the beginning of the video). Don't talk to the police as soon as they stop you no matter what state you live in. Be polite but don't talk.
oh yea great suspicious behaver. you do not say anything that well incriminate yourself but do not clam up unless he places you under arrest
@@joeydepalmer4457 No, satinwhip is 110% correct. Suspicious behavior is not illegal and will not incriminate you one bit. The cops may not like it but too bad so sad for them. You provide your drivers license, insurance and name. It is the police job to find evidence to hang you. Don't help them do that. There are tons of videos on CZcams of defense attorneys telling you the exact same thing. You politely clam up right after you give him your license and insurance. Remember, not one attorney in the US or one judge in the US would ever take a road side sobriety test, why in the Hell would you.
@@joeydepalmer4457 You're wrong. Never answer questions even for a typical traffic stop. They often arrest because you couldn't keep your yapper shut where they would not have otherwise. Their question are strictly to trip you up whether or not if you are guilty of anything. Their primary goal in EVERY stop is to escalate the event.
@@joeydepalmer4457
I'm an attorney, and every single attorney, judge, and cop I know clams up IMMEDIATELY when suspected of ANY crime. We don't wait to be placed under arrest. We stop talking the INSTANT we know we are under investigation.
LOL that won't help you Bub
You're on point for telling us straight up to NOT do that test to check for alcohol ; some people think they do not have any options...
Pretty sure if you don't comply its a loss of license for a year plus you get arrested
@@billhamilton7524 You are absolutely correct. But any attorney will still tell you not to take the test. Your attorney is going to have a much easier time getting your license back and getting you out of jail far faster than if you help the cops arrest you by taking the test. Remember, there is not one attorney or judge for that matter that would ever subject themselves to a road side sobriety test, why would you?
@@dhalden7102 yes they are very subjective , I could not do them cold stone sober ,,im supposed to remember the alphabet from 60 years ago
You dont have to take the preliminary road side test or roadside breathalyzer. The only way they can take your license is if you refuse the test after they arrest you at the station or hospital
What are you talking about ,,Sir we think you been drinking ,will you please come to station or hospital and take a roadside test ? you decline ?,,ok have a nice day
the station or hospital is where you go AFTER you've been arrested
Just don’t drink and drive. I can say that from someone who got popped. Not worth it. You will pay a lawyer to fight it more than just accepting it and mitigate the outcomes. However listen to this advice free of charge.
Check CZcams for instances where the drive is 100% sober but arrested anyway.
@@MuzixMaker Nailed it!!! 🙂 If an LEO is working on a DUI task force, it's considered a privileged detail with extra pay. In Austin a few years back there were over half a dozen DUI cops who pulled in over 100K a year. Believe me, if there's a chance it will impact them in their wallet, they won't hesitate to arrest and let the courts sort it out.
They will do anything to make you admit something to charge you with.
Police will try anything to make you talk, they tell you there going to help you then your done.
Lawyer: "The test is designed for failure even if you're stone cold sober"
AJ: "Just don't drink and drive"
Brilliant!
I got stopped for a DUI and I hadn't been drinking. Local cop was super nice. Told him I had a balance problem and can't do anything about that. Then my very drunk mother-in-law started yelling at him for stopping me because I was her ride home and I wasn't at the bar.
The cop whispered get her out of here and take her home. Have a good night.
There are 2 or 3 nice cops still around.
Not that much to remember shut up other than refuse all test, request private talk with lawyer.
My wife always seems to get the jerks.
That’s the secret weapon: always carry your obnoxious drunk mother-in-law with you wherever you go. Easy peasy.
There are a lot of good cops still around. They aren't the ones you worry about. It's the other ones that can not only ruin your day but cost you thousands, bankrupt you, all the while the while they know they will get away with them paying zero no matter the outcome. They can drag your backside through the court system for years.
Wow not only is that not even a little hlepful it's totally not interesting in the least
I recall having read, something like half a dozen or maybe even ten years ago, that there was an 18-month period in Washington State that the bureaucrats who run the testing program, the blood tests, were shut down due to utter corruption. The question would be, did any of them go to jail for that.
So...did anyone go to jail for something you think you read or heard 6-10 years ago? NO!!!! Really, really stupid question.
Do you really think there were no drunk drivers, just corrupt bureaucrats? 🤪
You are right! There is a case in supreme court right now. And yes the state toxicologist was fired. This ruling has the potential to undo thousands of cases.
@@garyK.45ACP teehee. Paul just owned you hard.
@@jeremykothe2847 So hard. 😂
@@PaulyWC name it
I was a police officer for 32 years in California.... I find this informative and to be good advice. I would add especially for Californians ... Don't take a Field Sobriety test .. Don't answer questions... Don't get out of your car unless you are placed under arrest.... If you are under the influence and arrested don't take any tests... I like the " I want to talk to my attorney...." that can take a lot of time if you are under the influence buy time the longer it take the lower your BA is.... be cooperative say you want a blood test and when a technician comes to take it tell them you changed your mind and are concerned about the needle.... Say you will take the breath test... then don't blow hard enough to get a tone on the Breathalyzer. Then they will want you to give urine tell them you need privacy and don't want to show your private parts.... all this takes time... time lowers you BA.... but know the consequences of not taking a test in your state California is you loose your license for a year . Know the punishment for failing .. It can cost you up to $10,000.00 if you have to go to court and still loose your license.... Of course the best decision is NOT TO DRIVE AFTER Drinking....... your choice...
Thank you for this!
Great advice
Thank you!
My "favorite" question is when a police officer asks the driver to recite the alphabet backwards. I, and many other officers I know, can't do that under any circumstances. Some people are just wired that way.
Good advice and comments. I had a rod placed in my leg and just getting dressed can be challenging. I would never pass the "stand on one leg."
Field sobriety test. 2 things. I cant walk that toe-to-toe exercise very well when I'm sober, guess my balance isn't that great- try it sometime. I've seen several YT videos where the person "passes" the battery of road-side gymnastics tests, and the police still wont stop- it appears to be a No Win situation. a.k.a. a trap.
I'm a big believer of "8 hours bottle to the throttle", but I've tried the little touch my nose test at home after a couple of shots. I'd bet that my BAC would've been below 0.08, but even still I wouldn't be comfortable taking a chance driving. Even after one shot doing the finger to nose test in a very comfortable environment with zero pressure is challenging....I cannot imagine doing it at 2am on the side of the road with cars flying by, the police radio going off, all the lights, a cop shining a flashlight in your face, and the thought of "my life is over if I don't do this right" in your head. Add to that cold, rain, snow, etc and how could anyone pass sober or not.
Very useful thank you
great article here. don't drink and drive is always a good idea. at the same time DUI laws are a racket. everyone should know the basic defenses. thanks Lance for this message! it bears repeating 😎
Please explain how DUI laws are a racket?
@@theatomic430money money money.. it was .10 for years.. dropped to.09 for a very short time. Then it dropped to.08…. In NC few years ago they were trying to drop it to .06 and the restaurant owners went nuts!!! Nobody will want a glass of wine with dinner for fear of dui… .08 is not drunk!!! I don’t condone drinking and driving but there’s a lot of money in the dui world.. with that being said, there’s so many other ways to get home than driving… Uber, Lyft, etc.
@@theatomic430
They're a racket because a DUI conviction generates huge revenue, and they are one of the most subjective things imaginable and one of the easiest things to get a jury to convict on. A DUI conviction will end up costing you in excess of $10k in most areas, and significantly more than that in many areas. And the vast majority of people convicted of DUIs were not actually impaired to any objective observer. The rise of MADD and other such organizations has conditioned everyone that hears the words "drunk driver" to reflexively picture somebody stumbling, falling down drunk, vomiting all over themselves that are clearly going to kill somebody if they aren't taken off the street. But while those kinds of instances do exist they are few and far between. That isn't who typically gets arrested for DUIs.
@@Rowgue51 Well, if you blow a 0 you will not be convicted of DUI.
@@theatomic430 you werent really trying to have an honest discussion. eneregy drinks raise your bac. did you known that? oh and bread too
I don't do those things, but this is interesting. One thing that thing that people don't realize is that being up too long is in and of itself grounds for being arrested for similar reasons.
One of the most informative videos I've heard
Thank you!
I took a DUI roadside test and failed. I blew 0.00. The tests aren't looking for intoxication, it's looking to bust you.
And last, but not least, your phone or dash cam. Always record your interactions with the police.
The police body cam will handle it. Dont drink and drive, very simple
@@tiffinhappy9744 You mean the body cam footage that they can deny and redact, not to mention charge money for? I hate drunk drivers, regardless, always record your own footage. Don't rely on the corrupt system. If you don't know your rights, you don't have them. If you don't use your rights, you'll lose them. And if you lose them, you'll never get them back.
@@tiffinhappy9744 Ah yes the police will use their evidence to help you, not to help themselves and support their case against you. Not to mention theres plenty of cases where they dont even turn on body cams.
In Australia, the police can randomly pull you over to do a breathalyzer test on the roadside. If you don't comply, you are assumed to be a perpetrator of high range drink driving and you get arrested.
The solution is easy: comply.
@@robp9746 That may work for this kind of situation but it's a slippery slope to a bad place. The way random breath tests are done in Australia is actually a violation of the Commonwealth constitution.
Great info, tks. For sharing. Any words of wisdom for the state of pa. ?
Good luck finding an attorney office that answers the phone at 2am
There is no PASS or FAIL. They are just looking for the slightest thing to being to court. You could do everything perfectly. There is no pass
Exactly. These field sobriety tests are nothing more than an opportunity for the cop to SAY you did something wrong, whether you did or not. Don't fall for it! Don't participate!
You two were trained to administer those tests?
"I can't comment on any ongoing investigations without counsel present."
My advise - drive as little as possible and the probability of something bad happening is reduced.
We live in an American Society that is designed to take as much of your money as possible.
Great video.
Thank you for your comment!
I don't drink or use drugs of any kind, but even so it's a shame I have to be careful with the police because it's clear they really are not here to help us in any way. we're on our own.
The Police are there to help all the sober drivers who could become victims of someone driving drunk. FACT
I've never heard about asking for an attorney before taking a blood or breathalyzer test. I don't think that will work in most states but it sounds like a good stall tactic. If ordered to take a blood test (some states say you can be forced to take it), I'd demand it be taken in a hospital by a real medical person, not some cop claiming to be a phlebotomist because he took a 6 hour course.
Bloody good point mate. Cops are typically of low intelligence!
This would apply anywhere. You will probably be charged with implied consent but your Miranda rights are a mixture of your 4th and 5th amendment rights you always have.
@@MonteCarlo-rx4huMiranda warnings and chemical test rights are two different things. Miranda warnings do not need to be read prior to reading chemical test rights and administering a chemical test.
@@donknotts85 Miranda warnings do not need to be given before you breathalyze. That is true and it was never the argument. A right is always retained and does not require a reminder through Miranda rights being read. Bodily fluids is a personal possession protected by the 4th amendment. Without a warrant it is off limits. The fact there is a law on the books that punishes individuals for exercising their rights is unconstitutional. The way governments get around this basic fact? When you sign your drivers license you are revoking your right and turning it into a privilege.
@@MonteCarlo-rx4hu right.. I guess I was just confused as to why Miranda warnings were mentioned if it is irrelevant to implied consent. While constitutional amendments do guaranteed rights, driving an automobile is not a right guaranteed in the constitution. It is a privilege and a law put in place by the state. therefore the state gets to set certain standards like implied consent. I guess just don’t drink and drive and you don’t have to worry about it.
Call an attorney at 1am? Good luck with that.
Many Thanks 🦆🦆
You definitely need more subscribers. Very well done!
Never take a test you didn’t study for….lol
My big question is that when you get arrested, say after 10pm, what attorney actually answers the phone? If you cannot make contact with an attorney, what do you do ? Do you refuse to take any tests until the lawyers contacts you or do you take the test ?
Keep stalling as long as they will let you
They have to appoint you an attorney if you can’t find one right?
The answer is quit simple. The police tell you themselves in the very first sentence of your Miranda rights. You have the RIGHT to remain silent. There is no time limit on that right. Unfortunate most people can't keep their Pie holes shut. Don't throw away you constitutional rights.
@@nefster9777 I think only AFTER an arrest.
Drunk driving is the one crime that the police are not required to read u your rights!
The police also like to place you right in front of their vehicle with the bright lights on while the emergency lights are in your face - making it hard to even see the ground . . . . I took one of those heel/toe tests in that condition. Moving towards the police car was very hard compared to walking away while your body shields the circus lights from your eyes.
A quote from one of my fav DUI videos... Mid test the guy says "I couldn't do that even if I was sober". LOL
What to do, in case no drinks were taken?
The subjectiva tests, in the middle of the night, are really a Problem.
If a person underwent knee surgery, mobility may be affected.
Should that particular situation be clarified by the Driver?
In the middle of the night, visiting a city for the first time, to have the contact of an attorney is not plausible.
Should the person in custody request an attorney under the Miranda Rights?
And is a Lawyer going to be made available directly?
And what to do before legal help is available?
Yeah each one of those DUI interview questions is another nail to put in your coffin. I gotta say I don't have a problem with people going to a bar or restaurant and having a couple of drinks and driving home and you used to be able to do that without a problem. But unfortunately we had some people go out and irresponsibly drink ridiculous amounts of alcohol and drive down the road and kill someone. Thus ruining it for everybody.
That's one perspective.
Another is that the people that actually control this society want to do two things to the rest of us:
1. Cash in
2. Enslave
They accomplish #1 by all the money they make, through the legal process (which they control) after an arrest.
They accomplish #2 by giving people a felony which takes away their right to own a gun, vote and otherwise severely limits their potential.
@@taketheredpill1452 i don't like drunk drivers, but the BAC threshhold has been set too low in most states. then it becomes policing for profit.
Yeah? Well that must have started with the drunken NYFD n nyc i remember them killing ppl while running to fires and cops also drunk driving..never admit to a drink at all n if u do ur going to jail..
@@taketheredpill1452 The fact you can get a felony for causing no harm to anyone amazes me. its not like you have the right to crash sober.
@@theglassarrow_ - Thanks. No offense but it only amazes people who are not aware of:
1. Who's really running things
2. What their agenda is.
YT is fun but it is controlled by them, which is why it is so heavily censored.
For those who are ready, BitChute is the teacher.
I've been asked to recite the alphabet backwards in my field sobriety test. I've never been able to pass one, sober or not. But one thing you could have mentioned is that as soon as you see the lights come on, start hyper-ventilating. It's important to breathe all of the way in and all of the way out. You need to get that last little bit of air out of your lungs. Keep it up as surreptitiously as possible until you are given the breathalyzer test. It is clearing the alcohol out of your lungs as much as possible. If you do this, it will greatly reduce your breathalyzer reading. I have shown 0.0 when I was way drunk.
Well you are a douche bag for drinking and driving.
You were given a DRE exam, not a field sobriety test. They suspected you were on dope.
Great video I had a question. The law sounds fairly similar in Washington as it is in California and I realize you’re not a California lawyer but let’s stick with Washington law then so as I understood if you were saying they arrest you then they take you to the station and they ask you to take a breathalyzer but you’re entitled to consult with an attorney before you take a breathalyzer? I’ve never heard that one before and I was just wondering if you’ve heard if that’s applicable in California. Would that also apply to blood and urine test?
Happy new year everybody !! 🍺 😎 👍 🎄❄❄❄⛄
I got my first DUI in a 1984 Chrysler Town & Country Wagon. My 2nd DUI was in a 1992 Cadillac Eldorado. I refused to cooperate in both occasions.
Never Blow, never volunteer for a FST. Always make them get a warrant to draw blood.
Good stuff thanks
A person does not have to be intoxicated to be impaired.
In the eyes of the court one (1) drink has impaired your judgement.
The takeaway - you booze, you cruise, you LOSE !
Stay sober and safe.
Ill remember this while driving past the bar in a car that doesnt drive straight and I get pulled over.
.08 is a joke. The entire DUI-thing in the U.S. is a racket.
1 - don't drink and drive. period. Stay home. Call a cab, uber , lyft , friend.
2 - if they ask to see your eyes - no roadside testing
3 - if they ask you to remove your sunglasses - no roadside testing
4 - PBA - no roadside testing
5 - ONLY take the calibrated test ( breath , blood , urine ( blood preferred ) ) with an advocate witness of your own.
6 - NEVER SAY " I know my rights " your ONLY words should be " I don't submit to roadside testing - I want an attorney - I'm respectfully invoking my 5th " nothing else. The more you talk - the more damage your attorney has to undo to defend you.
Can I suggest a stool sample?
I have seen many videos where post arrest but pre breath test in the station, the officer says that the right to speak to an attorney does not apply to your decision as the whether you want to take the breath test and that if you do refuse the test your license will automatically be suspended for 1 year. I noted that you prefaced your remarks with "in the state of Washington and the videos I have seen were typically in other states.
you're not refusing to take the test at the station, you're just asking to confer with your lawyer before you take the test. if they refuse to allow you to confer with your lawyer, then the case will be dismissed even if you fail the test.
It's mentioned in the video, to ask for your attorney before answering any questions or taking any test. I don't know any attorneys who answer their office phone at 1 am. If you cannot contact your attorney until the start of the business day ( usually 9 am ), will I lose my license for not taking these test in a timely manner ? Thank you
I have early dementia, mild scoliosis, and I'm up there in years. If I'm pulled over in the dark, cold, loud, noisy, highway on the side of a hi way asked to do these test, I might just fail.
I live in California and in the past 45 years have been on 5 DUI juries. On one of the trials the prosecutor was explaining how a breath test could be manipulated because if you belched or vomited before the test, the test needed to be delayed by a half hour or more. As a side note. In the 5 cases not one juror seemed to care about anything other than, was the defendant driving and had the defendant been drinking. Yes. Yes. Guilty!
I've blown into many portable breathalyzers for various reasons and I can tell you that they are damn inaccurate not counting the giant ones they have at the station. I was once given a field sobriety test in a blizzard, of course failed, but blew all zeros because I was the DD and was completely sober.
@@shadowprince4482 you dont have to do field sobriety test... I have a horrible limp and get cotton mouth when talking to cops. I know I would fail field test sober or not. I would probably have a better chance passing after a few beers.
@@theglassarrow_ There are implied consent laws in some states so them being "mandatory" is a bit of a grey area. In my state the breathalyzer is a requirement but I don't think the field test part is.
@@shadowprince4482 Pretty sure in every state breathalyzers are, endless theres a justified reason to do only blood. Field test on the other hand was originally used to help the guilty person, how ever 95% of the times their used against
@@theglassarrow_ If take any medications that could affect your driving the blood test could be used against you even if no alcohol is detected. Heck I know people who blew under the legal limit and still got a DUI. Also plenty of people have gotten a DUI with nothing showing up in the blood test because they did the field test. So yeah, doing the field test is always a bad idea. It never helps the accused any more.
Well if you have never been in this situation or other legal situations you wouldn’t likely have a criminal lawyer so what does one do? Fumble around on the smart phone researching what lawyer to call and wake up or leave a message?
I have a huge question for you!!!!! Lance
Does he have a series to help how to get away with other crimes as well? . Just asking.
Remember kiddies, if a cop pulls you over, he (or she) is not there for your benefit.
I got pulled over for suspected DUI once when i was completely sober. I complied with everything....the part that got me out of it was the fa t that I wS sober and the breathalyzer showed ZEROES
I saw the title for this video and I’m not even gonna watch the video but I have the best weapon if you’re pulled over for a DUI….. don’t effing drink and drive.!!
1) Don't consent to Field Sobriety Tests.
2) If arrested ask to speak to an attorney before any tests but don't ask too soon
3} Don't answer any questions (beyond who you are and an ID).
4) Implied consent warnings (if you are confused please ask about them).
washington state has a huge hard-on for drunk drivers. I worked at a fab shop in seattle and we started work at 5am to miss traffic. So the over hour commute I would leave around 330am. i'm always tired working 10-14hr shifts, but i got pulled over so many times on "suspicion of DUI" on a freaking weekday. I still dont get that on a Tuesday morning at 4am, you're going to pull me over and make me do those "field tests" then not believe that I am on my way to work. These cops would treat me like shit and say they're gonna lock me up and crap. But no one cares about the guy shooting up drugs on the sidewalk. Glad i left that place.
Washington is a shit state, i never feel good telling people im from there
I've known people who got DUI for prescription meds. I've known people who got DUI while on a bicycle. To most people both of those seem like injustices; so far away from the spirit of the law but technically chargeable.
My co worker died riding his bicycle drunk after loosing his license from drinking. Please don't ride a bicycle drunk, it's deadly, wear a helmet.
@@melissasmess2773 That's tragic, but the point is they didn't plow into a crowd of people and kill and maim them, as they could have done if driving a car. Plus, doing anything while drunk is dangerous, including walking. If a drunk person has to get home, I'd far rather have them on a bicycle than in a car, and it seems to me the law ought to incentivize that.
Must have been a motorized bike..or scooter..
@@jaketaz8741 depending on the area you can get a ticket for riding a bike on sidewalks instead of roads. Personally I would never trust a bike lane, but bikes are a weird grey area where some times there considered in law and sometimes not on par with motorcycles
@@jaketaz8741 No. Regular bicycles in many states are treated exactly the same for purposes of DUI (and most other motor vehicle laws) as cars. I know that's true in my state, Colorado, but also many others.
I also read about a case where a guy got a DUI for PUSHING his motorcycle. He figured he'd be safe if he pushed it instead of riding it. The judge ruled that since he was in control of the vehicle he was subject to the same laws as if he'd been riding it.
What if you do have a medical condition? High blood pressure, high blood sugar, ear infection, ...
Just supposing that you answered the questions first then, when it comes to a breath test the machine is broken and no test, well the answers to questions they asked you would be used as a admission
If you use a cane, does the road side test (officer) take that into account in the inabbility to do the walk and turn and one foot balance test? When do you agree to the (PVT) blow into the tube?
in most states you do not have to do ANY roadside tests, something you should look into.
I need your help with Louisiana information ℹ did ask for a lawyer but didn't get one.
I have watched hundreds of Cop Cam videos of DUI arrests and every single time when the person asks for a lawyer to talk to in regards to wether or not they should blow the officers always say something along the lines of “it’s a yes or no question, you don’t need an attorney “ or “it’s 3 in the morning no attorney is going to pick up the phone right now. Not ONCE have I seen someone request an attorney and actually get to speak with one.
A question...can you refuse all testing, sobriety roadside, breath and blood? Would this be better for your case then an actual DUI?
Field testing to begin with is absolutely ludicrous, I was with a gorgeous young blonde friend who was a waitress in a bar in our small town where everyone was fairly known to one another. After she completed her roadside test, the officer told her that she had a great body and then told her she passed. She was hammered drunk.
BS
Cool story.
3) Do not answer any (ANY) questions. CAN'T EMPHASIZE ENOUGH!!! I AM EXERCISING MY CONSTITUTIONAL RIGHTS TO NOT ANSWER QUESTIONS.
As a OTR (over the road) truck driver I pray for every single driver under the influence to get off the road! I pray they go to jail! I also want to see the government treat texting and driving the same way! I
1. Don't have window tint.
2. Have your license, registration, and proof of insurance ready. Don't have to go into the glove box. Hand it right away.
3. Since you have given what is required. You have nothing else required of you.
4. "I don't talk to police without a attorney" Now it is illegal for them to ask you questions. Of course they still will. It is very important that you say this. Preferably before and after you start recording. If the cop accuses you of a crime and you don't say anything THAT can be used against you. If you say you don't talk to the police and you keep quite it can't be used against you.
5. "I don't consent to any searches or seizures, EVER!"
6. If asked to exit the car, do so! As exiting bring your keys, phone, AND roll up all windows from the console. Shut the door and hit the key fob to lock the car. Start recording, don't rely on their camera for they can withhold that and you would have to sue just to get the recording. Now the cop can't ask you questions, he can't get into your car without breaking the window, and you are recording him. NOW SHUT UP! If he pulled you over for a traffic ticket the "unlawful arrest clock" is ticking.
7. Cops lie. If their mouth is moving they are lying. If they say, "It is easier if you do x or just tell me the truth" They mean for them. It is ALWAYS bad for you!
8. Keep recording. They need "Reasonable Articulable Suspicion of a crime." Which if they had it you would already been searched, handcuffed, and in the back of the car. So, since your car is locked the only way they are going to prove a crime is by you ratting on yourself. SO DON'T!
9. LOOK, COPPER, I SAID I DON'T ANSWER QUESTIONS WITHOUT A ATTORNEY SO QUIT ASKING ME QUESTIONS! You are recording this and cops train of violating your rights and they have qualified immunity so the best you can do is shut up and record it. This is very powerful these cops are starting to get the message that they are going to be CZcams stars and demonized as they violate peoples rights. But you have to ALLOW them to make themselves look like the idiots and tyrants that they are.
10. NEVER consent to a Field Sobriety Test or field breathalyzer! They are not required and never good to do. If a cop is asking you to do one it is almost guaranteed you are going to jail anyway AND they WILL use that against you. Even if you do it perfect don't think that cop is going to say that you did. So don't do them! Man up, shut up, and hire a great DUI attorney. If you talk then hire a cheap attorney, take a bus for 6 months, attend your meetings, keep your nose clean for whatever your probation is, and pay your fines. And put on every application from now one that you have lost your license. And know that they know you have been arrested and convicted of DUI.
Don't talk to the police!
czcams.com/video/d-7o9xYp7eE/video.html
In the State of Pa. if you refuse the Breath or Blood Test you can lose your Driving privatives for one year. Is it better to lose your License for one year if you are drunk, than to submit to these test.
@Stanley - good point. In Washington State if you refuse a test nowadays, most officers will get a search warrant for blood. Not sure if that is true in your state. Thank you for watching!
WA has implied consent on breathalyzers so there are legal repurcussions if you refuse. Are there legal penalties for refusing a field sobriety test?
believe this only applies to the breathalyzer test you take at the station, not the portable breathalyzer test they want you to take on the side of the road. FST is optional everywhere, you can just refuse to take it without consequences.
I live in rural muscle shoals Alabama and I drive a four wheel drive! Last pig that was chasing me I just cut across a muddy field.
So did your wife ever catch you?
@@tyrone-tydavis5858 Sad but true, she was inside truck with me on new yrs eve and yelling stop. I said u want to go to jail, she took another shot as I put it in 4wd....
Can’t speak to Washington law, but in Florida an person arrested for DUI has no right to consult an attorney before deciding whether to submit to a breath test. The law mandates that you submit.
And you didn’t say whether you recommend submitting to a chemical test, or not.
what they force it on you ?,,pin you down and make you blow ,,here you loose your license for a year ,,and you could still get arrested but they can't force you
Only to the test down town, field sobriety or PBT are not required. Doing the field tests or PBT helps the Copnot you.
@@floydrandol2731 correct, this is what people keep misunderstanding here. most states do NOT require you to take the roadside PBT. there are only consequences for refusing the BT at the station.
So, if you ask to speak with an attorney before taking the station breath test, do they have to wait until you do that to administer the test?
Basically secret weapon number 2 involves stalling as long as possible before taking the breath test to allow your liver to process alcohol and hopefully get below the limit.
NEVER drink and drive!
That said, this is an EXCELLENT video!
I was charged with DUI, violated all these rules, and was still found not guilty!
Tip 4, ALWAYS ask for BLOOD tests!
One trick that I like is Don’t drink and drive. Works for me every time. 🤷🏼♂️
You're definitely a better person than most of the rest of the world. Congrats.
A field sobriety test are so subjective, the police might as well ask a driver to fold a fitted sheet.
I could never do that sobriety test, I have issues with my knees, hips, back and vertigo! Keep a card of a good attorney in your wallet that would be my advice.
So what if you get pulled over and you haven't had anything to drink? I'd still fail the test. Should I still refuse and get arrested?
When they say “Have you been drinking?” What should you say?
"I don't answer questions."
When an officer pulls you over and ask how many drinks you had, just say "sorry I don't answer questions"....and keep repeating that statement.....
@Carl Jacobs Your mom did too
my question is when you get your license you sign that you won’t refuse a breath test can you refuse the one one the field and still be ok if you don’t refuse the one at the station
I don't know if they are required to ask for your consent in Washington to take a field sobriety test, but in the videos I've seen they don't ask, they just begin to deliver orders to do things. So it is on YOU to ask if this is part of a field sobriety test and then to politely refuse. (Ask, "Is this a field sobriety test?", answer YES, "Since field sobriety tests are voluntary, I refuse your request.)"
Lol. Living in the NYC area I'd have to say since I got my drivers liscense in 1990 at age 18, I've been pulled over/stopped at check points at least 200 times. No joke. Never once was I drinking, even though in my younger years I did quite often. But I pretty much stopped drinking and driving in my mid 20s. So, with that said, it seemed that cops pulled me over more and more as I got older. Not sure why. Although being a whit Irish American male driving after midnight in NYC you def are a profiled target. I literally got stopped 3x on St. Pattys day in 2012. No joke. lol.
This entire comment is bologna
I passed a field sobriety test. I was told I am the only one and I did almost everything you said not to!
Have you been drinking? YES
How much? 4 Beers but it was since 1PM and what is it now 11?
Are you drunk? I don't know, I don't think so, but I heard drunk people think they are sober right?
Will you do a field sobriety test? Sure but these shoes are very spongy
I did what he asked, I asked him if I was drunk. He said your close but No and I was free to leave.
My secret weapon is not drinking and driving.🤷♀
not that simple, people get pulled over and accused of DUI when they are totally sober all the time.
@@douglasscovil3447 I'm to pale in color to concern myself with such things.
What about non-drinkers who don’t drink or take illegal drugs, but take legal prescription drugs? Should the driver refuse the blood or urine test but agree to take only the breathalyzer test? Or, should a blood or urine test be taken to show no illegal drug use even if a breathalyzer test is taken, since some states allow a choice of which type of test to take, or at least allow the driver to take an additional test? What drugs do blood/urine tests try to discover?
Since the Supreme Court has ruled that police officers may lie in order to obtain a confession, my question to the police is: "Why should I believe anything you say?"
good video except for one thing. if you're giving the officer your driver's license, registration, and proof insurance you should not be answering ANY questions. so when they ask you if you've been drinking you should say "i don't answer questions", and continue to not answer questions until you're arrested or released. don't know about Washington state, but in most states you do not have to take the PORTABLE breathalyzer test either.
Michigan - If you refuse to take a Field sobriety test, aren't your Driver licenses automatically suspended?
How about states with implied concentration laws.?
also every moment that you delay the breath test is more time for the body to clear the alcohol from your system!
What if you don't have an attorney to contact . How do you get an attorney to speak to?.
@Clayton: If it is during the stop,. they will usually put you in contact with an on-call attorney at the station. If after the arrest, then use google or Avvo.com to find a local attorney. Thank you for watching!