Given field sobriety test and then let go. How common is this?

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  • Xcguy0988
    registered
    5 years ago 04/14/2016 7:49pm CDT
    re: Pressed fah
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    Pressed fah wrote:

    I was pulled over for speeding in a university town shortly after leaving a nightlife area. I was speeding about 37mph in a 25mph zone. The officer asked me if I'd had anything to drink tonight and I said yes and he asked me to step out of the car. I performed field sobriety tests with the eye pupils looking one way and another way followed by the 1-legged stance counting to 30, followed by the walk a straight-line and turn around exercise. I was then asked if I wanted to give a breathalyzer and I said, "what would you do if you were me? I had one drink at this restaurant 3 hours ago and another at this restaurant and that was all that I had. 2 drinks total." And he responded something like "ok go step back in the car for me." Then another officer came up to my front seat and told me, "ok you're probably at a .04 BAC level right now. You should know that in this state the limit is .05. Please drive home slowly...like a grandma."


    I had this happen to me 2 years, ago. I got pulled over when almost to my house, I could not find my license at all as well. He then asked me if I had a beer or drink and I was honest and said 2. The officer then told me if I lied about my information that I would be arrested. I told him my info, he went back to his cruiser checked the records and came back and asked me to step out of the car. I asked him for what and he then told me to put my hands behind my back. I then asked him again for what reason, I told him to give me the test and I would base with flying colors, shockingly he agreed. gave me the test, told me to go sit back in my car. As he approached I saw my wallet and told him that if he was ok with it I would reach down and grab it. He let me, I proved I was who I was, I also showed him I was not drunk and he told me it was my lucky day since his shift was almost over and I was only a mile away from home. I thought I was going to get arrested that night. To this day I will not drive after drinking at all. Its a scary thing to be pulled over and go through that test.

    Just don't drink then drive
  • yachtman
    5 years ago 04/15/2016 3:57am CDT
    re: Whipp
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    Whipp wrote:

    jamin wrote:

    0.08 here wrote:

    0.05 limit? Wow they are not messing around, nor should they I guess. Count yourself lucky.

    MADD has been pushing to lower the limit to 0.05. They've also been pushing to have ignition interlock devices in every car. They're behind the Draconian laws we have now.

    And don't give me that B.S. about "European countries have far more strict DUI laws." I don't need to debunk that claim again.


    No sarcasm, but could you? I usually avoid posts by you, but saw this. I'm under the impression that most European countries do not allow for any alcohol to be in the system. Are you saying that most countries are not like this, or that other factors make the collective enforcement less strict?


    Ummmm....no. Here in Spain it is the norm to drive well over the limit and only get a talking to. There are not enough taxis in Europe for all of the drunks.
  • Perfectly sober
    5 years ago 04/15/2016 4:41am CDT
    re: Pressed fah
    Forum Index

    I drove up to sobriety checkpoint one night in CA, rolled my window down and the cop just waved me through. He didn't ask me any question either. I didn't drink that night, btw.
  • Observador
    registered
    5 years ago 04/15/2016 6:09am CDT
    re: yachtman
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    yachtman wrote:
    Ummmm....no. Here in Spain it is the norm to drive well over the limit and only get a talking to. There are not enough taxis in Europe for all of the drunks.

    The european laws are usually 0.05 or 0.08 but the rate anybody pays any attention to them varies wildly.
    UK people tend to stick to the law in this regard, Germans tend to apply all laws fairly strickly, but the belgian, french, spanish, italian, greek folk etc don't tend to really pay any attention to DUI laws.
  • TheOhioState
    registered
    5 years ago 04/15/2016 8:02am CDT
    re: observador
    Forum Index
    https://www.youtube.com/watch?v=unseSFWjuqs
  • Zane Lampley
    5 years ago 04/15/2016 11:58am CDT
    re: theohiostate
    Forum Index

    New Years Eve coming from one of those all you can drink parities at a club, I was driving home 4 of my friends when we drove up to a DUI checkpoint around 2am. I had my last drink well before midnight and thought I would be under the .08 but didn't want to take any chances. I told all my passengers to act really drunk and obnoxious. When I got to the checkpoint, the officer asks if we had been drinking. I pointed to my friends who were acting wasted and said they were. He waved me thru. Pretty sure I would have been good regardless.
  • Øbamaoâ„¢
    registered
    5 years ago 04/15/2016 12:15pm CDT
    re: jamin
    Forum Index

    Don't worry folks, the breathalyzer is free...

    https://www.youtube.com/watch?v=XWOQA8S3i4g
  • Coach Cookie
    5 years ago 04/15/2016 8:25pm CDT
    re: Pressed fah
    Forum Index
    Pressed fah wrote:

    I was pulled over for speeding in a university town shortly after leaving a nightlife area. I was speeding about 37mph in a 25mph zone. The officer asked me if I'd had anything to drink tonight and I said yes and he asked me to step out of the car. I performed field sobriety tests with the eye pupils looking one way and another way followed by the 1-legged stance counting to 30, followed by the walk a straight-line and turn around exercise. I was then asked if I wanted to give a breathalyzer and I said, "what would you do if you were me? I had one drink at this restaurant 3 hours ago and another at this restaurant and that was all that I had. 2 drinks total." And he responded something like "ok go step back in the car for me." Then another officer came up to my front seat and told me, "ok you're probably at a .04 BAC level right now. You should know that in this state the limit is .05. Please drive home slowly...like a grandma."


    They made a mistake and when they stopped you and realized you were white, they let you go.
  • Tyrone ReXXXing
    registered
    5 years ago 04/15/2016 8:37pm CDT
    re: Pressed fah
    Forum Index

    " Given field sobriety test and then let go. How common is this?"

    Been there, done that (long time ago). Should not have been driving. But I guess I have grace under pressure, and performed so well the cop apologized to me for pulling me over. Lucky day.
  • Car struck by drunk driver's
    5 years ago 04/15/2016 9:30pm CDT
    re: jamin
    Forum Index
    jamin wrote:

    0.08 here wrote:

    0.05 limit? Wow they are not messing around, nor should they I guess. Count yourself lucky.

    MADD has been pushing to lower the limit to 0.05. They've also been pushing to have ignition interlock devices in every car. They're behind the Draconian laws we have now.

    And don't give me that B.S. about "European countries have far more strict DUI laws." I don't need to debunk that claim again.


    Son, you are a moron.
    http://www.letsrun.com/forum/flat_read.php?thread=7197658&page=1
  • Actualfiveoh
    5 years ago 04/15/2016 9:32pm CDT
    re: Pressed fah
    Forum Index
    Pressed fah wrote:

    I was pulled over for speeding in a university town shortly after leaving a nightlife area. I was speeding about 37mph in a 25mph zone. The officer asked me if I'd had anything to drink tonight and I said yes and he asked me to step out of the car. I performed field sobriety tests with the eye pupils looking one way and another way followed by the 1-legged stance counting to 30, followed by the walk a straight-line and turn around exercise. I was then asked if I wanted to give a breathalyzer and I said, "what would you do if you were me? I had one drink at this restaurant 3 hours ago and another at this restaurant and that was all that I had. 2 drinks total." And he responded something like "ok go step back in the car for me." Then another officer came up to my front seat and told me, "ok you're probably at a .04 BAC level right now. You should know that in this state the limit is .05. Please drive home slowly...like a grandma."


    It happens fairly often. I would say that at least half of the people I evaluate via field sobriety tests are let to continue driving. Often times the odor of alcoholic beverage emanates much stronger inside the confines of a vehicle, that coupled with the expected nervousness of being pulled over can show some things that may appear to be intoxication. Additionally, I can see other mannerisms beyond tests, such as balance, walking, if they have vomited/urinated/defecated on themselves.

    Plus, pulling them out gives a chance to have them on camera, clearly performing the tests without issue. That way when I let the driver continue on there will be no question from supervisors etc on "Why I let a potential drunk go." Look at the tape, he wasn't drunk, just had a beer.

    One thing I suggest doing is googling Horizontal gaze nystagmus(HGN), which is the involuntary jerking of eyes. This is a very strong indicator of intoxication and unfortunately can't be controlled.

    I can't test for that when you're in your vehicle.

    I feel much better being on the fence, having someone exit and pass than letting them go without being evaluated and wondering "what if." It really is for everyone's safety.
  • Attorney at Law
    5 years ago 04/15/2016 9:56pm CDT
    re: Pressed fah
    Forum Index
    Pressed fah wrote:

    I was pulled over for speeding in a university town shortly after leaving a nightlife area. I was speeding about 37mph in a 25mph zone. The officer asked me if I'd had anything to drink tonight and I said yes and he asked me to step out of the car. I performed field sobriety tests with the eye pupils looking one way and another way followed by the 1-legged stance counting to 30, followed by the walk a straight-line and turn around exercise. I was then asked if I wanted to give a breathalyzer and I said, "what would you do if you were me? I had one drink at this restaurant 3 hours ago and another at this restaurant and that was all that I had. 2 drinks total." And he responded something like "ok go step back in the car for me." Then another officer came up to my front seat and told me, "ok you're probably at a .04 BAC level right now. You should know that in this state the limit is .05. Please drive home slowly...like a grandma."

    What you fail to realize in your own admissions both during the event and after is that the police officer was "only asking" and you were "only complying" and answering.

    At no point in time, unless you absolutely wreaked of hard alcohol on your breath, did the officer have probable cause to breathalyze you. The little exercise game the police officer had you do is a tactic commonly employed to bystanders such as yourself. It builds suspense and anxiety while making you feel vulnerable in the presence of their authority. That's where they nab people a lot of the time.

    Incidentally, it sounds like you asked a question that exposed the scheme and they had to let you go because you were not obligated by law to submit to a breathalyzer test. Two drinks for someone of drinking age and with experience, unless they were tall boys of 80% whiskey and you drove within the hour, you're likely no more an a .02/.03.

    I don't want to sound like an advertisement but buying one of these (like I have for my young adult family members) is worthwhile. For $129.99 you can guarantee yourself that you'll never be under the influence when you drive. Compared to $3000 in impound and legal fees, plus the lifelong difficulties of having a DUI on record, it's well worth it.

    http://www.bactrack.com/products/bactrack-s80-pro-breathalyzer?mkwid=B7xdDNhr&pcrid=86494246117&pkw=&pmt=&pdv=c&gclid=Cj0KEQjwosK4BRCYhsngx4_SybcBEiQAowaCJZcR92VRQdSMbJ_pqGSAsgFkS7rsMLpgYhvKjD_8xDoaAhcz8P8HAQ
 
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