A retired cop RU-vidr suggested if you are certain no alcohol was consumed tell the cop stop wasting my time, I will do the PAS if you agree to let me go when it reads 0.0. Haven't had to try that myself
If you haven't been drinking and take the breathalyzer test and pass, you should be cleared. But if you opt out of the breathalyzer test, take the blood test and have Rx meds in your blood that might impair your driving then you might be in trouble.
Another reason to do a blood test instead of the breath test as some medical conditions can confuse the machine and if your not drunk (and had nothing to drink) those certain conditions will result in a positive hit and you are going to have a harder time fighting the charge in court.
Some DUI attorneys advise to refuse the FST's and portable field breath tester, but do not refuse the brethylizer at the station (or the blood test). People think they have nothing to convict you on if you do that If it was that easy to get off, everybody would do that and nobody would ever again get convicted. In some states. the judge can then instruct the jury that your refusal to do the chemical test may be viewed by them as evidence that you believed you were impaired, and use that refusal in their decision. And, refusal of the chemical test in and of itself alone, in most states violates the Implied Consent law and MVD will now automatically revoke your driver lic for a year, and your refusal could result in higher level DUI and penalties. Not saying this applies in your state, just that in some states it is apparently the case.
Thabk you for this video. Personally, i would REFUSE EVERY TEST they offer if i knewfor a fact i was drinking. My reason is simple; it's WAY cheaper to lose my license for one year than to pay through the nose in court fines, AA classes and auto insurance. Am i wrong?
I had back and eye surgeries so I wanted to know if I can refuse the field tests which I can’t do but I never drink and drive. Since I never drink and would never have alcohol on my breath, should I submit to the PAS test to avoid an arrest?
This is not to be taken as legal advice blah blah- but always refuse the tests. They are designed to be difficult, and the fact that you have had back and eye surgery means you would have more of a chance of failing, even if you are sober. In fact, if you watch the videos of real life FST's on RU-vid you will see part of the procedure is for the officer to ask if you have any problems with your eyes that would preclude you taking the test. The tests are designed to give the officer probable cause to take the encounter to the next step of placing you under arrest. If refuse the test the officer has to be able to provide other reasons for the probable cause for an arrest. Don't make it easy for them. Also, if you HAVE been drinking (just don't please), the extra time to get to the station may work to your advantage to allow more of the alcohol to be processed by your body
They may tow, or someone can come get your car if you call them. These tips are best for having fighting the case in court and winning later. Thanks for your comment.
Can I refuse the first test but comply with the breath test to get them off my back if I have 0 alcohol? In my area they do a lot of DUI checks and Kern county department are known to be extremely aggresive.
I had a dui in California 14 years ago and never went to court or jail! know I am going back to California do I have to pay or go to jail? This was 14 years ago ????
What about if I got pulled over for a bad tail light or tail light not working properly ? And getting cited with DUI? Officer admitting they pulled the person over for a bad tail light.
Seppi, what happens if i changed lane without blinking but driving perfect and got pulled over then they decided i was drunk, can you fight such a case?
Yes, but this is good to know because there are horribly corrupt cops out there and you may be on temporary medication that might dilate your pupils, or any number of other things that could put you in the position of a cop "suspecting" you of DUI.
When someone you love is injured or killed by a drunk driver…. You will regret this video. I pray it doesn’t happen, but DUI is more prevalent than you know.
