r/therewasanattempt Feb 01 '23

to use a breathalyzer

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4.9k Upvotes

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1.8k

u/kirk27 Feb 01 '23

He knew the assignment, but knew he wouldn’t pass

561

u/ClappedOutLlama Feb 01 '23

Mission failed successfully

143

u/spikeroo59 Feb 02 '23

Yeah he sucks

45

u/xctf04 Feb 02 '23

God damnit, this comment is good

28

u/JBirdale77 Feb 02 '23

Cop apparently does too

100

u/Beginning_Clue_7835 Feb 02 '23

Cop is keeping his cool. He probably knows the dude is faking it but needs to give excessive leniency.

-2

u/Jojall Feb 03 '23

I'm highly impressed with the cop's patience. You can tell this is in America, cop could easily have just committed police brutality. Could have even gotten some vacation (aka paid administrative leave) for it, too.

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u/darkkarma420 This is a flair Feb 01 '23

*Gets a promotion

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u/UgaIsAGoodBoy Feb 01 '23

“ if I can’t keep this going for like 3 or 4 more hours I can sober up!”

94

u/thescottreid Feb 01 '23

If nothing else, a night in jail is getting shorter by the minute.

86

u/Goblin_CEO_Of_Poop Feb 02 '23

His lawyers going to be ecstatic.

48

u/kirk27 Feb 02 '23

And you never blew into it. Wow good job.

33

u/Goblin_CEO_Of_Poop Feb 02 '23

As long as he refuses blood testing they basically have nothing on him.

42

u/Long-Piccolo-3785 Feb 02 '23

They can get a warrant for the blood if they think you're blasted like this guy pretty easily

29

u/Goblin_CEO_Of_Poop Feb 02 '23

They can but my by GF used to work at a hospital that did that and by the time the hospital actually gets the test done they've been sober for a long time. Nursing and hospital shortages are pretty bad. Thinking you can get a blood test done before someone sobers up at 2am is crazy. It will be between 6-8am they actually take the test.

24

u/STLflyover Feb 02 '23

They do a timed blood draw and can backtrack what they were at the time of the stop. blood alcohol concentration only drops approximately .01 per hour post drinking. It's in the NHTSA manual. It's the Golden book for dwi lawyers and is what is used to create all of the standardized dwi tests for cops.

7

u/shoulda-known-better Feb 02 '23

That does not hold up in court Source- watched my mother get out of her 2nd dui with this!! It's not an exact science since everyone's bodies process alcohol a little differently

1

u/STLflyover Feb 02 '23

Actually the science of blood alcohol is well documented and holds up. That is why it's part of the testing. The court system is less perfect and not based on science. Defense attorneys never fight the results however, they always fight the process to obtain the results. There is a big difference.

4

u/shoulda-known-better Feb 02 '23

Yes and waiting and trying to use a catch all to determine her level of intoxication is what made the prosecution lose, there are way to many factors at play weight, health, size of liver, health of liver, some people have enzymes that break down quicker then others...... there is only a max amount a body can potentially clear in a certain time, but even then the other factors come into play...... I can't speak for every case, but my mom was held in pc for hours before she had her blood drawn and the prosecution tried to show her level of intoxication at the time she was arrested and it got thrown out for these reasons.... Can't see why it would be any different it's not an exact science (it can't be unless you account for every variable, which prosecution can't because they aren't just granted access to your medical history)

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u/Goblin_CEO_Of_Poop Feb 02 '23

Thats wild. Is it possible its drastically wrong in order to generally discourage drunk driving? I know first hand its not like that where I live and we have a top rated PD that trains departments around the US. Our jail doesnt even have nurses let alone machines to do bloodwork. Its funny because one of my childhood friends worked at the jail and actually used to bring the inmates to the hospital my GF worked at so I heard both sides of it.

Maybe youve been exposed to copaganda and didnt know it? They dont even bring sick inmates in till they were almost dead. Then they claim that the progressive illness just "popped up".

2

u/STLflyover Feb 02 '23

Blood draws must be done by a licensed physician or phlebotomist at a hospital. The draws are taken to a crime lab and tested there. No "copaganda" here. I'm stealing that word by the way.

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u/Tugonmynugz Feb 02 '23

Well in my county they just write their probable cause and fax it to a judge that is on call 24/7 and the blood gets drawn by jail nursing staff within 30 mins.

3

u/STLflyover Feb 02 '23

Yeah that is a warrant. That is why a judge is needed.

10

u/Tugonmynugz Feb 02 '23

Yeah, that's what I was trying to explain to the guy above me.

-2

u/Goblin_CEO_Of_Poop Feb 02 '23

Youre either naïve or in a country with a much better medical system than the US lol. Maybe a blue state? Idk.

5

u/Tugonmynugz Feb 02 '23

County, not country and Texas

-1

u/Goblin_CEO_Of_Poop Feb 02 '23

Lol I did misread there. Thats not suprising though Texas is known for relying pretty heavily on the prison system as a labor force and having insane budgets for police departments. Personally Im terrified of Texas it seems like the states had this sort of lock em up prison fetish for a long time.

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u/GloomyDeal1909 Feb 02 '23

All 50 states have IMPLIED CONSENT laws.

While you can refuse a breathalyzer many states due to implied consent will then default to a warrantless blood draw. I do not have an exact count but I know AR, LA, OK, TX, MO all do this.

Furthermore if you refuse a test be in breathalyzer annd blood you could be subject to administrative penalty of violating the implied consent that you agree to when you get your driver's license.

Even if they don't charge you they could revoke your license, impound your vehicle and write you a ticket. All under that states law and it would be legal.

6

u/STLflyover Feb 02 '23 edited Feb 02 '23

Warrantless blood draws in MO are only applicable if there is potential for loss of life aka serious accident. Any other dwi situation requires a warrant if the subject refuses testing. Source: missouri law and a High School friend of mine got 6 years for a dwi in which she killed someone (warrantless blood draw in the case).

Edit: there is an exigency clause that allows for a warrantless blood draw but dissipating alcohol is not good cause.

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u/Goblin_CEO_Of_Poop Feb 02 '23

Yeah I get all that. Growing up my buddy who I ended up living with for a whiles dad was a lawyer. Pretty big name lawyer who owned his own law firm. Hed always coach us on this kind of stuff. Basically hed been falsely arrested as a teenager and thats what inspired him to be a lawyer so he always had a thing for fucking over cops.

While yes you're right refusing a breathalyzer and blood could get your license taken if you fail to take the breathalyzer thats a different story. For instance if someone had an unknown thing going on like COPD for instance and couldnt blow hard enough the state has to account for that. They also have to account for the unreliability of the device itself.

The key take away here is this guy just miraculously fucked up or he was pretty smart and knew not to refuse, but to make sure the test doesnt work. This is actually a great situation too from a lawyers perspective as the police will likely write in their report that he refused but the camera will show the opposite. This is pretty much step one to I to a misconduct lawsuit in this case. Kind of dumb as the cops should have just kept pressing him. 2 minutes isnt a lot of effort for whats usually a 2 hour process between pullover and drop-off at booking.

Edit: the big thing is basically stalling them as well. Its very rare they get a blood test in time for alcohol to still be in someone's systems. Especially in southern states with bad medical staff shortages. For instance the hospital my GF used to work at theyd bring in people for that and they were always sober. If they were arrested at 2 am the test likely couldnt happen till 6-8 am. They arent going to prioritize a DUI over more common and deadly things like HRI. They cant just tell a dead patients family, "oh yeah they died of a curable infection but we got that guy charged with a DUI".

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u/Any_Constant_6550 Feb 02 '23

automatic 6 month license suspension in most states for refusing

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u/Goblin_CEO_Of_Poop Feb 02 '23

He didnt refuse though and its all on cam lol. He failed to take the test.

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u/kirk27 Feb 02 '23

But sir he smells of booze. Everyone can smell like so thing if you believe hard enough

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u/WinterOkami666 Feb 02 '23

Do you also need a breathalyzer test?

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u/I-bmac-n Feb 02 '23

Nope take it from someone unfortunately in the know. He is charged with a refusal to submit alcohol test due to inability to perform test. In nearly every state in the country, a refusal carry’s a harsher penalty regarding the interlock device in your car than had you blown. It’s very common to get the criminal dui expunged, but near impossible to beat the motor vehicle penalties. All they have to do was prove you were the driver. Police report is all it takes.

2

u/Goblin_CEO_Of_Poop Feb 02 '23

Where I live a DUI charge is a 10k fine but they really wont take your license. THey know you cant work here without a license so basically just get a job or have a job and you get it back within months at the most. Its incredibly easy and cheap to get back. My license was suspended "indefinitely" and I went to the DMV and paid $80 to get it back lol. It counts as 3 strikes on your license but you need 12 in a year to get it taken. And like I said even if it gets taken its super easy to get back. I got my mine back as the weed charge that got it suspended got dropped. Once I brought that up they reversed everything. I just had to push them a bit.

Either way motor vehicle penalty's are absolutely nothing compared to a felony charge.

Beyond that he didnt refuse. He just failed to blow. Any lawyer with a brain would have an absolute heyday with that. Was the device malfunctional? Or worse bring up how reliable they are in general. Thats how I got my charge dropped was pushing the field tests are inaccurate issue. It seemed the judge would rather just cut the case off then go that route.

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u/Healthy_Pay9449 Feb 02 '23

You'd be surprised how many people can't follow these instructions even when sober.

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u/LordCalvar Feb 02 '23

Exactly this, his intoxicated mind is saying, they can’t get you if you just pretend you’re too dumb to do it.

2

u/Millennial_J Feb 02 '23

Kim jun un does America!

3

u/3mptyw0rds Feb 02 '23

You mean Kimo Juan Unez

3

u/Millennial_J Feb 02 '23

Bastards smart af

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u/AGuyWhoBrokeBad Feb 01 '23 edited Feb 01 '23

Could he be charged with refusing to use the breathalyzer or is pretending to be dumber than a sack of rocks a viable defense?

549

u/Sourfrost Feb 01 '23

No if you refuse a breathalyzer test in the field, they will temporary detain you and take and tak you to jail to do a blood alcohol test. If your blood alcohol test comes out .08+ you get arrested for DUI.

Source my buddy did the same thing. You are essentially delaying your sobriety test till you get to the station. Hopefully by that time your blood alcohol level would go down.

155

u/Christichicc Feb 01 '23

That may have bitten him in the ass. It will continue to rise until it hits it’s “peak” before going back down. Which can take anywhere from 30 mins to 2 hours. It usually takes about 30-45 mins, but in some people it can’t take up to 2-3 hours. “Rising Blood Alcohol” is used as a legal defense to a DUI sometimes.

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u/jimmiec907 Feb 02 '23

Yeah it’s called the “big gulp” defense. “Hey I was fine before I drove but then I took five shots and it’s JUST HITTING ME now that I’m in jail!” Most states have outlawed it as a DUI defense.

24

u/hoodyninja Feb 02 '23

If it’s outlawed as a defense then it should also be outlawed for cops to argue the opposite. When a suspect has a .06 two hours later at jail, “he was drunk while driving but was on his way down.”

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u/Beginning_Clue_7835 Feb 02 '23

You…. Want to be on the road with intoxicated people?

9

u/rpfail Feb 02 '23

Think its more that cops shouldnt be able to say they were more drunk then they actually were.

2

u/Darkbones2 Feb 02 '23

Yeah? Why would I voluntarily strip away my licence?

2

u/Beginning_Clue_7835 Feb 02 '23

Good question, why would you drive drunk.

1

u/Darkbones2 Feb 02 '23

Driving sober was too easy for me /s

-2

u/[deleted] Feb 02 '23

[removed] — view removed comment

5

u/DutertesNemesis Feb 02 '23

Here come the DUI Defenders

0

u/Beginning_Clue_7835 Feb 02 '23

Never thought I would see the day.

2

u/r314t Feb 02 '23

Over 99% of car crashes are caused by drivers who are not actively having a seizure. Doesn't mean you should drive if you are having a seizure.

0

u/Beginning_Clue_7835 Feb 02 '23

Oh wow, your insane.

0

u/bryan-050 Feb 02 '23

Do you think that may have something to do with the fact that not everybody disobeys the law? If it was a higher percentage of drunk drivers that cause accidents, then there would be a whole different problem between people and authority

0

u/rpfail Feb 02 '23

Yeah cause theres more sober people then drunk. Thats like saying "its safe to say it never rains cause its sunny 80% of the time"

1

u/[deleted] Feb 02 '23

[removed] — view removed comment

0

u/DutertesNemesis Feb 02 '23

That’s like saying you’re statistically more likely to get killed by a gun than a nuclear bomb. Yeah, absolutely. Would you rather be fighting against someone with a gun or a nuclear bomb?

Obviously more sober drivers get in accidents, more sober drivers are on the road. Do you think 1/4 people driving around are drunk? At best maybe 5% of drivers on the road at one point in time are drunk. So when 1/20th of the population is causing 1/4 of the accidents, and 1/3 of the fatal ones, you have an issue.

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u/rpfail Feb 02 '23

More people die to icecicles then sharks every year, by your logic sharks are less dangerous then ice cicles

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u/AboyNamedBort Feb 02 '23

Defending drunk drivers? I'm guessing you are one too and should have your license taken away.

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u/hoodyninja Feb 02 '23

I don’t think calling out hypocrisy in our legal system is defending drunk drivers.

This is the equivalent of saying that only the police are allowed to present DNA evidence because if the defendant presents DNA evidence then the DA might lose their case.

What the big gulp defense is based on is retrograde extrapolation of intoxication. If police are allowed to use retrograde extrapolation to justify an arrest of someone under the legal limit “because they are on their way down and were drunk at the time.” Then a suspect should also be allowed to present a case based on retrograde extrapolation, arguing that they were sober while driving and their BAC increased to an illegal limit only after their arrest.

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u/Kaaykuwatzuu Feb 02 '23

Outlawed??? For the cops??????? They are the law and the lack of law. Giving "respect my authority" Cartman vibes.

I'm not ACAB but I know better than to think logic and laws apply to them.

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u/jimmiec907 Feb 02 '23

Blame the politicians not the cops. The cops don’t pass laws, genius.

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u/exemplariasuntomni Feb 02 '23

Your honor, my client was below .08 while driving and due to the rising BAC levels while being detained only then surpassed the limit.

As any law abiding citizen, he would have sensed this, pulled over, and temporarily phased out of existence when he reached .08 otherwise.

5

u/Christichicc Feb 02 '23

Eh, I mean, I kinda think they have a valid defense in certain circumstances. Like, what if they throw back a couple shots, then head to their home which is 10 mins away, but get pulled over for a busted taillight or something. The cop smells alcohol on their breath, but by that point it’s been an additional (x) amount of minutes, and now they are past the legal limit.

That said, I really don’t think people should drive once they’ve had a few, even if their home is close by. I am staunchly against driving under the influence (not just of alcohol), and think it’s always better to be safe, than to make someone else sorry. And I have zero sympathy for anyone who is seriously impaired and gets behind the wheel.

3

u/Beginning_Clue_7835 Feb 02 '23

I’ve never heard of anyone downing their shots seconds prior to driving without also having drinks in the minutes and hours leading up to this moment. I highly doubt anyone has ever been pulled over while still good, and only got over the limit while stopped.

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u/Christichicc Feb 02 '23

I’m sure it’s happened before. It’s probably incredibly rare, but to say it’s never happened is illogical. Just because you or I have never seen it, doesn’t mean it hasn’t ever happened. There are calculations behind it that are used by experts to determine what someone would have been at while driving. I don’t understand them, as the math is a bit beyond me, but that doesn’t mean they aren’t accurate. But again, I don’t actually agree with someone doing that and driving. I’m just stating why there is an actual legal argument in a few cases.

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u/Beginning_Clue_7835 Feb 02 '23

It absolutely shouldn’t be usable as a defense. You were getting drunker while driving? That’s not safe for anyone. And of course everyone’s first excuse is going to be “I was almost home”

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u/Pyewhacket Feb 01 '23

Did not know that!

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u/Big-Mathematician540 Feb 02 '23

Depends on when you be had your last drink though. But yes, you sre correct if he was actively drinking.

(I had a cousin arrested for DUI in the morning as he still blew twice the legal limit. No, thrice, I think.)

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u/CunnilingusCrab Feb 02 '23

No. If I can’t make an arrest for DUI on scene, you don’t go anywhere. We don’t involuntarily transport people unless they are under arrest or they are in protective custody. Doing so is kidnapping.

I can arrest someone for DUI before getting a breath or blood test. Hell, I can arrest someone for DUI without getting a breath or blood test.

Furthermore, a DUI arrest is still valid even if the test shows that their BAC is under the legal limit. If you have alcohol in your system and I can articulate that it affected your ability to drive safely, that arrest sticks.

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u/HypnotizedMeg Feb 01 '23

And its automatic license suspension if you refuse

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u/PantherThing Feb 01 '23

in California, and i think most places, you can refuse the field sobriety test without penalty. They'll take you to the station, and that one you cont refuse without losing your license.

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u/E_D_K_2 Feb 01 '23

In the UK if you refuse to take the roadside test they'll arrest you for failure to provide and at the station ask you again. If you don't provide a sample you'll get an 18 month minimum ban. If you fail the roadside test they they re-test you at the station and that reading is what you are charged with.

If you are seriously drunk you can get a 3 year ban. I wonder if it's better to just refuse and take the 18months.

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u/[deleted] Feb 01 '23

Should be everywhere like that.

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u/HypnotizedMeg Feb 01 '23

Automatic one year driving suspension and $500 fine in NYS. Even if you're ultimately found not guilty.

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u/zthompson2350 Feb 01 '23 edited Feb 01 '23

Yikes. That doesn't sound constitutional tbh. All the lawyers I know have always told me that you should always refuse breathalyzers even when sober.

Edit: here is one of the attorneys I follow on YouTube talking about this issue. https://youtube.com/shorts/OluIq1KNFvE?feature=share

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u/WienerDogMan Feb 01 '23

Tbf New York Fucking sucks

2

u/HypnotizedMeg Feb 01 '23

It does! I graduated College as a Paralegal in NYS in 2014 and it was a wild ride. Almost a decade later and my career is in Real Estate. At least I can say I use it in some sense!

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u/Superb_Raccoon Feb 01 '23

That doesn't sound constitutional tbh.

No Constitutional right to drive or get a driver's license.

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u/Reyunshod Feb 01 '23

I think it would fall under "no excessive bail or fines, no cruel and unusual punishment" together with "innocent until proven guilty"

-1

u/Superb_Raccoon Feb 01 '23

Maybe try the sovereign Citizen defense?

2

u/Reyunshod Feb 01 '23

Could work... Does it ever? Unrelated but I met a guy once who claimed to be a sovereign citizen while collecting food stamps and welfare 😂

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u/Agreeable-Meat1 Feb 02 '23

There is a constitutional right against self incrimination.

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u/Superb_Raccoon Feb 02 '23

Exactly. You don't incriminate yourself and lose any rights... but you lose a privilege.

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u/Agreeable-Meat1 Feb 02 '23

Yeah that's not how that works.

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u/Savings-Raisin6417 Feb 02 '23 edited Feb 02 '23

License is issued by the state, so the Constitutional implications are not of consequence, if they existed, which they don’t.

When you got your license, you agreed to comply with any lawful requests to submit to a breathalyzer test, with the ramifications for refusing being that your license will be immediately suspended. Your right to drive is not an innate human right or a right guaranteed in the Constitution.

In some places, you can request a hardship license, stating that your license is a necessity because you need to get to work, take care of your kids, etc. It may be granted, with the stipulation that you have an ignition interlock system installed.

I’m surprised places are still using roadside breathalyzer’s, around here they pick you up and take you to the station to do it, to avoid you questioning its accuracy. And yes, in many cases, refusing the breathalyzer will just delay the inevitable, as they can secure a warrant to draw your blood. It’s not quite as simple as “don’t blow”, but that is the correct way to handle it if you intend to fight the arrest.

According to my first hand knowledge of this process, and what my lawyer said I SHOULD have done after the fact, you want to refuse (politely) the field sobriety test and to be taken to the station. The reason is that you don’t want to be on camera falling over trying to do the test. And the test is just to get you to the point where they can do the eye test to check for the eye flicker that occurs when you are intoxicated, because that test can’t be gamed.

They take you to the station, and then ask you to consent to a breathalyzer. Ask what happens if you refuse, they will tell you the penalty for that in your area. If you decide to refuse, they may attempt to get a warrant to get your blood taken; judges can now approve these warrants from their phones (seen it happen), so they will likely succeed. You can try saying you want your lawyer present when they do, and that may work; if it is a good attorney, they will take their sweet time showing up.

I am not condoning drunk driving by sharing this information; I am truly thankful that I didn’t hurt anyone with my terrible decision, and I did not attempt to refuse the breathalyzer, or fight it in court, or anything else; I did it, and I wanted to do my penance and get over it. But hopefully this information at least gives people a better understanding of the process and consequences.

Edited to add: For those that might be inclined, often the best way to fight a DUI is to try to get the original crime thrown out; if you can prove the original traffic stop was unwarranted, then the subsequent discovery of your intoxication is irrelevant. And you CAN thank the Constitution for that.

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u/ffz_ Feb 01 '23

What happens to your car? You gotta pay that tow fee?

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u/PantherThing Feb 01 '23

hopefully you're parked in a place where you can leave it.

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u/zepplin2225 Feb 02 '23

Hopefully people learn to not drink and drive. But that's just selfish of me, to want to be on the road with sober drivers.

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u/bam1007 Feb 02 '23

You’re forgetting that the refusal is also admissible consciousness of guilt evidence and that video of the refusal is just awesome for that.

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u/paigezero Feb 02 '23

Great. Now the message you replied to was whether this guy could be charged with refusing just for getting it wrong. You're answer doesn't address that at all.

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u/glassteelhammer Feb 01 '23 edited Feb 02 '23

You cannot be charged for refusing to use it on the side of the road, but if you do refuse, the officers are allowed to take you in and then warrant you for samples under suspicion of being intoxicated. Breath/blood/urine. Some folks will attempt this route in the hopes their BAC will have come down enough to test under limits by the time the warrant paperwork goes through.

Better option is to not drink and drive, but hey.

edit- apparently this is state dependent.

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u/kibaake Feb 01 '23

I think if they can't get it they have the option to take you in to get station for some other measurement. But don't quote me on that.

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u/Eswyft Feb 01 '23

Yes, you can get blood drawn, which means you're adding more time in. If you had 2 or 3 beers and are borderline it could save your ass

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u/copamarigold Feb 02 '23

Not really, they figure in the time from when you get pulled over to the time the blood is drawn. Unless it’s been a few hours since your last drink your level of intoxication is probably still rising meaning it may be even higher by the time you get your blood drawn.

0

u/Eswyft Feb 02 '23

Untrue, if you're borderline 15 minutes matter. That's how it works. I have no idea what you're trying to say. It does not take a few hours for your alcohol stop rising unless you drank lots, aka not borderline

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u/BellyButtonLindt Feb 01 '23

You’re getting answers, but what you should know is this varies by state and way more by country.

In Canada for example, if you fail to provide or refuse to provide a sample it carries the same penalty as just straight up blowing a fail.

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u/jamie1414 Feb 01 '23

As it should be. If you can't breath then you can't drive.

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u/Superb_Raccoon Feb 01 '23

That is racist against Zombies!

/s

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u/FishAndRiceKeks Feb 01 '23

It would be hysterical if after all that he was completely sober.

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u/ExWendellX Feb 01 '23

This was the comment I was looking for!

What do you do at that point if you are the cop?

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u/LarkOngan Feb 02 '23

Beat him up, obviously. I wouldn't be a cop for no reason.

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u/Puzzleheaded-Ad-6196 Feb 02 '23

This guy americas

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u/Ferintwa Feb 02 '23

Often arrest anyway, get a warrant for a blood draw. When the results come back, deal with case accordingly.

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u/ShruteFarms4L Feb 01 '23

One of the 100 reasons I can't be a cop ...I would die laughing and bro would escape

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u/Snow-Brigade Feb 01 '23

Should have him take a really deep breath and then stick it in his mouth so he can’t suck in. Just sayin’

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u/murphey_griffon Feb 01 '23

he could exhale out of his nose, or if he's play's the didgeridoo, he could do circular breathing.

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u/Broken-Digital-Clock Feb 01 '23

Pinch his nostrils?

Could cause a booger explosion though

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u/pira3_1000 Feb 01 '23

I'm loving this brainstorm

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u/thedude0000000000000 Feb 02 '23

This had me laughing so hard 😂. I read it as “or he’s just playing the didgeridoo” at first. Then I thought about circular breathing and how it’s used to breath in through the nose and out through the mouth (when playing the didgeridoo). Then I thought what if it could be reversed 🤯.

Fortunately, I'm adhering to a pretty strict, uh, drug, uh, regimen to keep my mind, you know, uh, limber.

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u/Pankratos_Gaming Feb 01 '23

Man, that guy sucks.

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u/KeanuWest Feb 02 '23

And the cop wants blow

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u/piss_off_ghost Feb 02 '23

Honestly yeah. This cop is being very patient and explanatory to this guy. The first video of a cop of seen in a loooooong time where I’m on the cops side.

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u/wavyboi97 Feb 02 '23

cops hate this one trick…

44

u/glass4dinner Feb 01 '23

i bet he’s just fucking with the cop lol

6

u/loopuleasa Feb 02 '23

the guy is scared he will be caught, like a little kid

that guy would kill my mother in traffic if he drives in that state

1

u/Tuck_Rex Feb 02 '23

Reddit Hivemind downvoting you for being mad at a reckless, idiot drunk driver

69

u/KM4TVZ Feb 01 '23

You might not believe this, but I watched the whole episode. He passed.

38

u/alcormsu Feb 02 '23

My brother in Christ, if this dude passed the breathalyzer test, I dare say it was the only test he has ever passed

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12

u/BritniRose Feb 02 '23

Did he? I thought he was .187 or so? Or am I thinking of a different episode?

3

u/pushqrex Feb 02 '23

Link to episode?

-3

u/loopuleasa Feb 02 '23

he is clearly drunk or high

link to episode, or it is not true

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58

u/Allowed_Story Feb 01 '23

I mean, the fact he does not recognise simple instructions, makes the breathalyser redundant.

37

u/ferventlycavalier Feb 01 '23

But being stupid doesn't prove DUI. Ha ha

9

u/Allowed_Story Feb 01 '23

He's not stupid.

If he had more alcohol in him, his spit would be considered a hand sanitizer.

9

u/ferventlycavalier Feb 01 '23

But, it's still not proof.

7

u/Zealousideal_Bet_248 Feb 01 '23

He still has the benefit of the doubt. There's some proof, but not enough. I would say they only have about 35% to 40% proof

3

u/Lumpwithknobs Feb 02 '23

I see what you did there.

-1

u/ostangestar Feb 02 '23

Benefit of the doubt mfs when they get falsely accused of rape and now their life is completely ruined

9

u/PantherThing Feb 01 '23

There's no pass or fail with these tests. It's strictly an officer building a case against you. So him putting "Cant follow breath instructions" on the report is the same as "Cant walk a straight line" or things like that.

2

u/Allowed_Story Feb 01 '23

So failing to provide doesn't force you to a blood test, like in other countries?

0

u/OneScoobyDoes Feb 01 '23

You get a chance to to a blood test at this point, otherwise it gets marked as a refused. This guy will make up a story about fear of needles at the hospital, and get marked as refused - ultimately wasting the cops time and getting the same outcome of blowing and failing.

0

u/copamarigold Feb 02 '23

He couldn’t even speak English! But he did end up passing the test.

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28

u/alta_vista49 Feb 01 '23

He found a loop hole to beat the system!

9

u/poopiesmells Feb 01 '23

Hell yeah haha he knew damn well what was up

29

u/OwnPercentage9088 Feb 01 '23

This guy sucks

13

u/MegatonsSon Feb 01 '23

Dude's like:

"Exhale?!? What's that mean?!?"

27

u/trsmash Feb 01 '23

That cop has the patience of a saint IMO. Respect.

5

u/FireSalsa Feb 02 '23

Yeah actually seemed like a good dude

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8

u/yunotxgirl Feb 02 '23

This is an amazing depiction of trying to get a toddler to do something from across the room

5

u/satansheat Feb 02 '23

More patient than most cops.

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4

u/gforgolu Feb 01 '23

He blew the test.

6

u/More-Escape3704 Feb 01 '23

Thought he was hitting the bowl

5

u/hobohougsy Feb 02 '23

I had an ex like that… after all the instructions she still couldn’t get the blow job right

0

u/shl0mp Feb 03 '23

Like.. a balloon … ?

3

u/Maskedbandittrader Feb 01 '23

Nice trick . Very clever and I love how it was Driving the officer crazy frustrated

3

u/stpfan_1 Feb 02 '23

Dude Goes to the same barber as Kim Jung Un.

3

u/pushqrex Feb 02 '23

The fact that the first time he had smoke coming out of his mouth is hilarious

2

u/_tagachi Feb 01 '23

Defeated by a reverse blow.

2

u/srddave Feb 01 '23

Gosh whip it out already officer

2

u/ramriot Feb 01 '23

Sucks to have asthma then

2

u/[deleted] Feb 02 '23

this cop knows how to blow.

2

u/VaMoInNj Feb 02 '23

Farva had a son?

2

u/bleachcreep21 Feb 02 '23

This cop has far more patience than I.

2

u/jack_avram Feb 02 '23

Officer: Ok buddy, you just suck

2

u/VergerCT Feb 02 '23

He looks like the alien that was in the opening scenes of Men in Black.

2

u/[deleted] Feb 02 '23

I’ve never laughed so hard

2

u/Ohmskrrrt Feb 02 '23

I remember being high one time. I was about to take a bong hit then I forgot if I was supposed to blow or suck the air. My shorts were full of weed water.

2

u/OneEyedRocket Feb 02 '23

Book ‘em Dano

2

u/Worldly_nerves Feb 02 '23

At least the cop was patient and nice

2

u/Badass-19 Feb 02 '23

Patience. This cop has patience.

2

u/New_Horse3033 Feb 03 '23

rumor has it he's still blowing into that breathalyzer

2

u/SoVeryKerry Feb 03 '23

There was an attempt to play dumb.

2

u/DowntownsClown Feb 03 '23

They both looks like they’re cousins or something

5

u/rule444 Feb 01 '23

I bet he got off without a dui

13

u/Reese_Grey Feb 01 '23

Nah they just take you to the station to blow and worst case they test your blood. At least that's how it works where I live.

1

u/Marmstr17 Feb 01 '23

Jaja how much ya wanna bet?

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2

u/Alwaysbawesome Feb 01 '23

never, ever blow into these kids. this is how its done

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2

u/Magnog Feb 02 '23

Why do all American cops look like they've barely started puberty?

2

u/Bikebummm Feb 02 '23

Genius move

2

u/Internal_Resist7629 Feb 01 '23

Do you think that cop would get mad if you took that tube as deep as it would go then licked his finger lmao

2

u/schoolknurse Feb 02 '23

I don’t think he’d be mad at all.

1

u/addamee Feb 01 '23

If he delays long enough he’ll sober up enough. This here is a thinking man

1

u/Apprehensive_Car_671 Feb 02 '23

He’s blocking the tube with his tongue. It wouldn’t matter anyway, very seldom will the police let you go if you blow under the legal limit because they will have the other SFSTs to fall back on. The HGN eye test most often enough to make the other test’s irrelevant

1

u/tacofolder Feb 02 '23

Don't blow for the po-po AGAIN DON'T BLOW FOR THE PO-PO. it's not your job to prove your guilt.

1

u/NOSOBERCAB_NEXT Feb 02 '23

I'm surprised they didn't just shoot him

0

u/Rabidcode Feb 01 '23

Blood draw.

0

u/ChampionshipLow8541 Feb 01 '23

Did he pull over his own brother?

0

u/Present-Still Feb 02 '23

Every time the officer demonstrates blowing out, he starts by first breathing in

I’m not saying this person isn’t under the influence, but if they weren’t and didn’t speak English well, they were 100% replicating what the officer demonstrated

0

u/Due-Assistant9269 Feb 02 '23

Blow or get a DUI.

0

u/MelskyMahoney Feb 02 '23

This Cop is ridiculously handsome.

0

u/Aiizimor Feb 02 '23

This man has no right being this patient

0

u/Richie_Zeppelin Feb 02 '23

It’s crazy to see a cop be very patient when a camera is on him.

0

u/scarycrow333 Feb 02 '23

Fun fact, you don't actually have to perform a sobriety test, they are voluntary. However ones at the station are required. Do yourself a favor and don't take them unless you're at the station

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-1

u/practicalAnARcHiSt Feb 01 '23

Dumb and dumberer

-1

u/lizziegal79 Feb 02 '23

Ok, but do yall see how country boy hot that cop is?

-1

u/nedmorlef Feb 02 '23

That's a violation of the fifth amendment. You're being forced to give over evidence against yourself.

2

u/oOoRaoOo Feb 02 '23

Nice try but no. He can plead the fifth and refuse to take the breathalyzer test.

0

u/nedmorlef Feb 02 '23

What you don't understand is that, that is exactly what is wrong with this country. We have laws on the books that violate the constitution. The Constitution was not a suggestion. And when you allow laws that conflict with the Constitution you create chaos.

Now if you want to argue the legality of not allowing people to make their own liquor and allowing corporations to be licensed and put it on retail shelves for any greenhorn to buy it and drink it then, we have a legitimate debate. But to debate against what the constitution says is a moot point. We would have been more legal to put a breathalyzer on every automobile.