Refusing a breathlizer after passing the field sobriety

You can refuse the field test and the breathalizer, (Little thing called the 5th admendment) It will mean your going to jail and will loose your drivires license. Once under arrest they can get a court order for a blood test. They still have to prove you were DUI. If they cannot, your liceses is back and on your way you go. Time is your freind. The longer until you have to provide blood, the better.

Bottom line is if they stop you, odds are your going for a ride. Best thing you can do is provide the required documentation, then STFU till you talk to a lawyer. Repeat, the most important part. STFU till you talk to a lawyer. Do not agree to ANY tests till they show a court order or you have talked to your lawyer. STFU. Do not talk to the police about anyting till you talk to a lawyer. STFU.

Breathalizer testing have been documented as not being reliable in many cases. The first defense after taking one is to have an attorney dispute the reliability of the instrument. When was the last time the instrument was cross checked for reliability, in most cases it has been years. The test results for theses things are just not reliable, but that doesn't use LE from using them because that is all they have. Several years ago I was stopped (I had not been drinking) They kept for three hours at the station, until I requested a blood test by a certified technician.

Results can be disputed. Most LE doesn't have any idea about how a test should be done or documented.

JR

It all boils down to "who are you going to pay". Always be respectful, but do not take the field test nor the breathalyzer unless you are 100% certain that you have had nothing in your system to impair you. Accept the fact that even if you are sober, you are probably going to jail. It is just a fact in the US-- cops like to bully the populace. Back to my point, if you have the slightest hesitation as to whether or not you are impaired, don't take any tests. Make them earn a conviction. Hire a lawyer who specializes in DUI. Follow his advice exactly. It may cost you (even if innocent), but like I said earlier, it all boils down to "who are you going to pay". Is it the state? The insurance companies? or The lawyer? A good DUI lawyer (unless you are stone cold drunk) at the least can probably by reputation alone get the charges reduced to reckless driving. Most likely, the attorney can get you off completely.

He has one of, if not the best DWI lawyer in Houston. He isn't worried about it now. They saw the video from the stop and the cop was just dead wrong. Messing with oil field workers.

He has one of, if not the best DWI lawyer in Houston. He isn't worried about it now. They saw the video from the stop and the cop was just dead wrong. Messing with oil field workers. Originally Posted by medingdong

I thought that too! The prosecutor offered me a reckless driving with deadly intent charge, $1400 fine, 1 year probation, and 40 hours community service which I declined. We felt my video of my field sobriety test was good since I completed all the test. Excellent abc's, counting backwards, finger counting, stand on one foot, and walking the line (heel to toe) and turning around then coming back......

It's not awesome having 24 jurors starring at me as both the prosection and the defense attorneys asking them questions. I had a major anxiety attack! They get to pick the best 9 jurors they liked and we only get to eliminate 3.....

State troopers are taught to be excellent wittnesses. It's a one week course at their academy. During my 11 hour trial, the prosecutor was really nervous about losing. On his closing statement, he pulled out an excellent pie chart captivating every mistake I made! My attorney motioned for a mistrial as this chart was seriously damaging which was denied.....

We the jury find the defendant "Holysheepshit" guilty! The prosecutor cranked his arm with a "yes" joy! Not one juror would look me in my eyes as they walked by. My punishment? DWI conviction, $2000 fine, 3 days in jail, 1 year probation, 40 hours community service, 6 month drivers license suspension, 3 years of surcharges, and alcohol classes.....

I was pissed off and told the prosecutor that I'll serve my time in jail on tax payer's money!!! We then agreed that if I waive my right to an appeal that the 3 days in jail, 1 year probation, 40 hours community service, and alcohol classes will be dropped.....

I got fucked, but I just had to pay.....

.....and yes, it was in Brazoria County. That judge is a major dickhead!!!!

I should have gone on the witness stand. The prosecutor used that against me to prove that I had something to hide....

It would be easier to beat a murder trial than a DWI trial.....

Reason why I was stopped? I aimed my favorite provider's car headlights up higher because she couldn't see well at night. The trooper thought I had my highbeams on.....

The Texas State Trooper was very courteous and professional.....

Jail sucks! I had to drink, piss, and shit all in the same toilet. This sorry ass drunk bastard stole my pop tarts. I nearly kicked his ass till the jailer broke us up and gave me more pop tarts......

Don't fuck with my pop tarts!!!

I no longer drink then drive anymore. I can't afford to lose my pussy fund again........

There is no way on earth the officer can alter the reading. Originally Posted by Anita Lay

One trick used by less than honest officers is to dip the end of the straw in mouthwash before you blow . . .

One of the most fun ones I've seen has the officer on video TWICE telling the suspect that the suspect passed the FST and would've been let go had he not refused the test. The eager beaver baby prosecutor wouldn't budge on the DUI charge . . . her boss agreed to implied consent violation only.

Kind of like sex no means no! By the time they ask you to blow you are already going to go, done deal. Let your lawyer do the talking no matter, my guess is he is better at this than you are (even if you are a lawyer)!

I thought that too! The prosecutor offered me a reckless driving with deadly intent charge, $1400 fine, 1 year probation, and 40 hours community service which I declined. We felt my video of my field sobriety test was good since I completed all the test. Excellent abc's, counting backwards, finger counting, stand on one foot, and walking the line (heel to toe) and turning around then coming back......

It's not awesome having 24 jurors starring at me as both the prosection and the defense attorneys asking them questions. I had a major anxiety attack! They get to pick the best 9 jurors they liked and we only get to eliminate 3.....

State troopers are taught to be excellent wittnesses. It's a one week course at their academy. During my 11 hour trial, the prosecutor was really nervous about losing. On his closing statement, he pulled out an excellent pie chart captivating every mistake I made! My attorney motioned for a mistrial as this chart was seriously damaging which was denied.....

We the jury find the defendant "Holysheepshit" guilty! The prosecutor cranked his arm with a "yes" joy! Not one juror would look me in my eyes as they walked by. My punishment? DWI conviction, $2000 fine, 3 days in jail, 1 year probation, 40 hours community service, 6 month drivers license suspension, 3 years of surcharges, and alcohol classes.....

I was pissed off and told the prosecutor that I'll serve my time in jail on tax payer's money!!! We then agreed that if I waive my right to an appeal that the 3 days in jail, 1 year probation, 40 hours community service, and alcohol classes will be dropped.....

I got fucked, but I just had to pay.....

.....and yes, it was in Brazoria County. That judge is a major dickhead!!!!

I should have gone on the witness stand. The prosecutor used that against me to prove that I had something to hide....

It would be easier to beat a murder trial than a DWI trial.....

Reason why I was stopped? I aimed my favorite provider's car headlights up higher because she couldn't see well at night. The trooper thought I had my highbeams on.....

The Texas State Trooper was very courteous and professional.....

Jail sucks! I had to drink, piss, and shit all in the same toilet. This sorry ass drunk bastard stole my pop tarts. I nearly kicked his ass till the jailer broke us up and gave me more pop tarts......

Don't fuck with my pop tarts!!!

I no longer drink then drive anymore. I can't afford to lose my pussy fund again........ Originally Posted by Holysheepshit

I wouldn't lose my job for a reckless driving with deadly intent charge buddy. I would take that, but say screw probation and community service. I have a completely clean record, not even so much as fighting in HS.

Jail sucks! I had to drink, piss, and shit all in the same toilet. This sorry ass drunk bastard stole my pop tarts. I nearly kicked his ass till the jailer broke us up and gave me more pop tarts......

Don't fuck with my pop tarts!!!

I no longer drink then drive anymore. I can't afford to lose my pussy fund again........[/quote]



Sounds like you were in Pearland Jail.

Jail sucks! I had to drink, piss, and shit all in the same toilet. Originally Posted by Holysheepshit

I know I probably shouldn't ask, but curiosity is getting the better of me. Did you drink from a toilet? I suspect I'd have to be fairly close to dying from thirst before I drank from a toilet that the general jail inmate population had pissed and shit in. Your statement above has me confused.

I know I probably shouldn't ask, but curiosity is getting the better of me. Did you drink from a toilet? I suspect I'd have to be fairly close to dying from thirst before I drank from a toilet that the general jail inmate population had pissed and shit in. Your statement above has me confused. Originally Posted by Waldo P. Emerson-Jones

It was a stainless steel toilet with a water fountain on top. Still fuckin gross!!!

Yes, it was in Pearland city jail.......

OK I have a question. I dont drinkl or rarely do. Usually only when I am on a Cruise Ship & not driving it. Anyway. If I request a BLOOD TEST. Is there any kind of Medical Condition that could cause a FALSE POSITIVE. Like High Blood Sugar from Diabetes or such. Just wondering.

It was a stainless steel toilet with a water fountain on top. Still fuckin gross!!!

Yes, it was in Pearland city jail....... Originally Posted by Holysheepshit

I knew it. Those guys are cock suckers! The pop tarts was a dead give away man. Been there, done that.

I knew it. Those guys are cock suckers! The pop tarts was a dead give away man. Been there, done that. Originally Posted by medingdong

I've ate Sonic burgers in jail too. Can you guess where that jail is??? LOL!!!

As soon as the officer says, "Have you been drinking, sir?" Or, "I smell alcohol, how much have you had to drink." He has pretty much decided to take you in. The Field Sobriety Tests are to gather evidence. You don't know how they grade them. The won't tell you what they are looking for as "Clues". Ask them if you can practice and you will get an "NO". Everything you do will be recorded and reviewed by the officer. Anything that is not perfectly done as he requests it when he requests it, will probably be a "clue" of intoxication. Of course, they have practiced those test hundreds of times but many of the heavy guys can't do them perfectly either. They make you stand for extended periods in odd positions. And, they demand perfection to avoid getting scored with a clue. They are supposed to be objective tests, but what they see is subjective.

If you had a prosecutor friend, many would tell you NOT to blow in the breathalyze device. Would you trust an instrument that the manufacturer will not warrant as fit for the particular purpose it was made? Meaning, they won't guarantee it will give accurate results?

You might think the blood test will be accurate, but they might screw up by using an alcohol swab to clean your skin before sticking the needle in. Or, they might mix up your sample with someone else. Or, they may not store it improperly before sending it to the lab. If they take you to a hospital, you might be okay. But, still, best to STFU and refuse.

Do yourself a favor, STFU. Say, "Sorry officer, but I respectfully refuse to perform your tests." "Sorry officer, I respectfully refuse to blow into your machine." Give your lawyer a good chance to defend you.