How often can you pass a field sobriety, but fail the breathalyzer? - Page 2

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[ARCHIVED THREAD] - How often can you pass a field sobriety, but fail the breathalyzer? (Page 2 of 2)

Posted: 1/5/2006 7:13:12 AM EDT

[#1]

Quoted:
I can pass a FST everytime at .08

Same here... easilly

probably not a good thing though

Posted: 1/5/2006 11:20:39 AM EDT

[#2]

Quoted:

Also, what is PI and PC? I'm not familiar with those two.

public consumption/public intox

Posted: 1/5/2006 1:59:58 PM EDT

[#3]

Quoted:
Quoted:

Also, what is PI and PC? I'm not familiar with those two.

public consumption/public intox

- ah ok. We dont have actual charges for that here. The closest match might would be for the consumption charge. Here you can pop someone for having an open container of alochol on public property.

There isnt a charge here for just being drunk in public.

Posted: 1/5/2006 8:46:28 PM EDT

[#4]

I've never taken either one for real, but I've experimented with my reflexes and mental accuity while buzzed and drunk and I am dead certain sure that I could pass a field sobriety test while over the legal limit.

Posted: 1/5/2006 8:48:38 PM EDT

[#5]

Quoted:
I dont do FSTs

I don't either!

Unnecesary.

Sort of like 'Drop and give me twenty!'

Eric The(CivilRights)Hun

Posted: 1/5/2006 9:10:49 PM EDT

[#6]

Quoted:
FST's with the exception of checking your pupil tracking with a light are a joke! They'r just designed to get you off balance (no pun intended) and give the LEO a little more time to observe you. This from many LEO's including relatives I'v spoken to on the subject. Tell the officer you don't understand the instructions and could he demonstrate? Particulary the one where you stand on one leg,with the other leg extended in front of you with your eyes closed. I work late odd hrs and live near a police academy,and have been stopped many times driving into town. Quite a % of the officers couldn't do that "test" and others when requested.

Every officer I know in PA, myself included will explain and demonstrate the FST's before having the driver do them.

Posted: 1/5/2006 9:18:52 PM EDT

[#7]

Quoted:

true story--happened to a friend named john in plano, so not an urban legend.

john had been drinking heavily one night, and got pulled over doing about 80. knowing that he would go down for DWI if tested, he reached into the back seat, pulled out a liter of skyy vodka, and begins chugging this in full view of the officer and the camera. he refused to say anything other than "yes", "no", and "lawyer", and was, of course, arrested. because of this, he did not get a DWI.

the basis for this was that there was no way for the prosecuter to demonstrate that his BAC was not the result of his drinking after he pulled over and ceased to be a driver. he could not prove that john had been drinking before. so john went down for speeding, PC, and PI, but not DWI or DUI. and all this with what john (another bartender) figured was a .15 BAC.

so how does one handle that?

[edit: damn tags]

I remember a news article about a person who tried a similar thing with a can of beer.
The police were naturally pissed off, they breathalysed him on the spot, then later did a bunch of experiments which proved that there was no way that drinking a can of beer would have resulted in the numbers that he blew without previous drinking and presented that as evidence to the court.
The court upheld the police claims

Posted: 1/5/2006 9:21:47 PM EDT

[#8]

Never do a FST if asked. (I can't believe states require this test)

Ask why you were stopped, then ask for an attorney when (probably) arrested.

Note how many drinks you consumed, who you were with and how you were driving at your time of arrest, but offer nothing to the officer.

This may help you out of a "borderline" situation when it comes time to defend yourself.

If you are drunk, then you're drunk and you have no business on the road.

[ARCHIVED THREAD] - How often can you pass a field sobriety, but fail the breathalyzer? (Page 2 of 2)

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