Can you get a DUI without a field sobriety test?

[necine]

Settle this family argument for me...

I argued it was police procedure to administer a field sobriety test before requiring a breathalyzer.

They argued a cop could hypothetically pull you over and require a breathalyzer, no questions asked.

Anyone know?

 

[newnameman]

Yes.

 

[effowe]

If you refuse the test, you fail IIRC.

 

[ConstipatedVigilante]

Originally posted by: effowe
If you refuse the test, you fail IIRC.

I think they have to give you a field sobriety test before giving the breathalyzer, though. If you can't even stand though, then they can go straight to it. And yes, if you refuse the breathalyzer, you fail.

In MA, the penalty is actually more severe for refusing the test than failing it, IIRC.

 

[destrekor]

Originally posted by: effowe
If you refuse the test, you fail IIRC.

I think it depends on state, though the punishment is essentially the same, if not a little worse.

I know here in Ohio, if you refuse testing, you don't get a "DUI". But you do get basically the same punishment. IIRC, a DUI in Ohio is either 6 months or a year without a license. Whichever one it is in terms of length, you get the the opposite if you refuse the test.

But you don't get the yellow license plate that those with a DUI get here in Ohio. You don't get a DUI on your record, though it *might* state you refused testing.

 

[compuwiz1]

You can refuse a field sobriety test, deferring it until they actually take you to jail. Either way, you will be tested.

 

[XZeroII]

Yes. The FST cannot be used against you. It's just a way to determine if you should be taken in for an actual test.

 

[alkemyst]

yes...the sole purpose of the FST is to have it filmed. Almost everyone looks drunk doing them, that's the rub.

you can refuse to perform FST's without penalty.

 

[alkemyst]

Originally posted by: XZeroII
Yes. The FST cannot be used against you. It's just a way to determine if you should be taken in for an actual test.

The FST can be used against you.

 

[Gamingphreek]

Originally posted by: alkemyst

Originally posted by: XZeroII
Yes. The FST cannot be used against you. It's just a way to determine if you should be taken in for an actual test.

The FST can be used against you.

If you refuse to take a field sobriety test it CANNOT be used against you. That FST is voluntary. Refusing a breathalyzer; however, I believe is counted as an automatic fail and they will then arrest you anyways.

When you get to the police station, blood work and/or breathalyzers are no longer optional.

Basically don't ever drive drunk - if you do tell the truth. Sooner or later you will have to take a test - being cooperative/polite with a police officer can go a long way.

-Kevin

 

[aircooled]

In my state you get the breathalyzer first.

 

[aircooled]

Intoxicated does not just mean drunk.

My friend just got a DWI from Ambien.

 

[nerp]

Yup.

 

[ConstipatedVigilante]

Originally posted by: aircooled
Intoxicated does not just mean drunk.

My friend just got a DWI from Ambien.

You can get a DWI under the influence of any drug, be it weed, Ambien, or alcohol. I think they just usual call it a DWI instead of a DUI if it's not alcohol in most states.

 

[JEDI]

Originally posted by: necine
Settle this family argument for me...

I argued it was police procedure to administer a field sobriety test before requiring a breathalyzer.

They argued a cop could hypothetically pull you over and require a breathalyzer, no questions asked.

Anyone know?

even if you fail a field sobriety test, you can get out of a DUI easily

 

[zzuupp]

It depends on the state.

If you were in an accident and obviously, but slightly injured, they could require a breathylizer or blood test without a field test.

 

[alkemyst]

Originally posted by: JEDI

Originally posted by: necine
Settle this family argument for me...

I argued it was police procedure to administer a field sobriety test before requiring a breathalyzer.

They argued a cop could hypothetically pull you over and require a breathalyzer, no questions asked.

Anyone know?

even if you fail a field sobriety test, you can get out of a DUI easily

easily? not if you blow or blood test over. Even lawyers have a bad track record at avoiding all the minimums (90 days work only, 30 days immobilzed, 2 seminars, classes, community service, all the fees for the above)...

many are even arrested for DUI and weren't driving nor intended too.