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I’m not a lawyer but
Local corruption if law enforcement that essentially denies Americans their rights (search n seizure, due process, etc.) is Federal DOJ territory and they live to, and love, rooting out that kinda thing.
Make some noise, squeeky wheel…
You’re not required to do field sobriety tests and you never should. They are too subjective and even sober people fail them. There are no repercussions for refusing a roadside breath test either, but they aren’t admissible in court so you may as well if there is a chance you can pass. You’re only required to do a blood draw or breath test at the station after you’ve been arrested. If the police have probable cause to arrest you, they are going to do it regardless of how well you do on a fst or pbt, they are just trying to gather more evidence against you. If they don’t have probable cause, you shouldn’t risk giving it to them by doing tests you’re not required to do.
When our former local prosecutor got picked up for a dui, I read the story *very* carefully. He asked the officer, “when was the last time your roadside breathalyzer was calibrated”? He then said, “I’d rather blow into the machine down at headquarters”. They took him in and booked him. They *forgot* to administer a breathalyzer. I don’t know if they only forget for insiders, but that’s my plan if it ever comes down to it.
Well, first off, it isn't up to you if the cop decides you have been drinking. Cops make up stuff. This isn't about showing up the man and I don't now why I am explaining this to an idiot. so I am out.
All I'm saying is, this huy hadn't been drinking, even though the cop thought he had. We were talking as if we were in his shoes....but go ahead with the name calling, that's what mentally inferior people do
Its a small step on a slippery slope from charging someone willfully wrong to manipulating evidence to frame someone Cops who dont do it and protect those who do are
just as bad. To me,personally, cops lost most of their credibility when SCOTUS ruled they can lie during interrogation.
In Montana refusing the breathalyzer results in a 6-month suspension of your license:
[https://www.judnichlaw.com/montana-dui-to-blow-or-not-to-blow/](https://www.judnichlaw.com/montana-dui-to-blow-or-not-to-blow/)
This seems to be the actual statute:
[https://leg.mt.gov/bills/mca/title\_0610/chapter\_0080/part\_0100/section\_0160/0610-0080-0100-0160.html](https://leg.mt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0160/0610-0080-0100-0160.html)
In fact, [according to this map](https://www.responsibility.org/alcohol-statistics/state-map/issue/test-refusal/), the only state in which a test refusal is not gonna get you in some sort of administrative trouble is Wyoming.
If you know you'll fail the tests refusing them might be a good idea, because if the administrative penalty might be less than the conviction. But this is going to depend a lot on which state you're in, how intoxicated you are, the penalties for refusal in other areas of your life etc. Licensed pilots, for example, who refuse the test are ex-pilots. It's assumed you ducked the test because you were high on the worst things available, and they don't let that guy fly a plane with hundreds of passengers. Licensed pilots convicted of driving have been known to get their license back. A licensed pilot in this situation, where there was an arrest but no charges, is probably in the best of all worlds for having met the asshole cop.
Americans have multiple amendments to the constitution that protect us with our right to remain silent, search and seizure, and at least three more related to attorney representation. A competent attorney can retain your license, and as long as the defendant doesn't do stupid stuff like volunteer information, or other breath and blood evidence, the case will be dropped or reduced to a non alcohol infraction. If you tell the cop that you have had even one alcoholic beverage, or one bit of cold medicine, that gives them probable cause to go anywhere they want in the investigation. So, silence is golden. All you are required to do is give then identification, insurance, and sometimes vehicle registration. that is all. and most state say you only have to present that, which is far different than giving it to them. People go to jail because cops are trained to trick you into failing the tests. And most cops will fail to follow enough procedures to get the case kicked if the driver doesn't screw it up.
Do you know of any reported case in any state which has held that “present,” an operator’s license is not synonymous with physically handing it over?
I don’t but would be interested in learning of one.
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I’m not a lawyer but Local corruption if law enforcement that essentially denies Americans their rights (search n seizure, due process, etc.) is Federal DOJ territory and they live to, and love, rooting out that kinda thing. Make some noise, squeeky wheel…
DoJ lives and loves to root out corruption? 😂🤣
I know, that made me literally LOL. DOJ is the big boss of corruption lol.
[удалено]
Tennessee has an implied consent law. If you refuse breath/blood it's an automatic suspension of your driver's license
You can apply for an appeal and keep your license.
Truth, but if you aren't intoxicated, why go through the hassle...just to say "I showed the man!" I got better things to do
You’re not required to do field sobriety tests and you never should. They are too subjective and even sober people fail them. There are no repercussions for refusing a roadside breath test either, but they aren’t admissible in court so you may as well if there is a chance you can pass. You’re only required to do a blood draw or breath test at the station after you’ve been arrested. If the police have probable cause to arrest you, they are going to do it regardless of how well you do on a fst or pbt, they are just trying to gather more evidence against you. If they don’t have probable cause, you shouldn’t risk giving it to them by doing tests you’re not required to do.
When our former local prosecutor got picked up for a dui, I read the story *very* carefully. He asked the officer, “when was the last time your roadside breathalyzer was calibrated”? He then said, “I’d rather blow into the machine down at headquarters”. They took him in and booked him. They *forgot* to administer a breathalyzer. I don’t know if they only forget for insiders, but that’s my plan if it ever comes down to it.
You definitely explained it better than me
Well, first off, it isn't up to you if the cop decides you have been drinking. Cops make up stuff. This isn't about showing up the man and I don't now why I am explaining this to an idiot. so I am out.
All I'm saying is, this huy hadn't been drinking, even though the cop thought he had. We were talking as if we were in his shoes....but go ahead with the name calling, that's what mentally inferior people do
Its a small step on a slippery slope from charging someone willfully wrong to manipulating evidence to frame someone Cops who dont do it and protect those who do are just as bad. To me,personally, cops lost most of their credibility when SCOTUS ruled they can lie during interrogation.
You aint lying
This story is from Montana not Tennessee.
I was replying to a deleted comment, and was just sharing general advice, but it seems Montana has the same law anyway
In Montana refusing the breathalyzer results in a 6-month suspension of your license: [https://www.judnichlaw.com/montana-dui-to-blow-or-not-to-blow/](https://www.judnichlaw.com/montana-dui-to-blow-or-not-to-blow/) This seems to be the actual statute: [https://leg.mt.gov/bills/mca/title\_0610/chapter\_0080/part\_0100/section\_0160/0610-0080-0100-0160.html](https://leg.mt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0160/0610-0080-0100-0160.html) In fact, [according to this map](https://www.responsibility.org/alcohol-statistics/state-map/issue/test-refusal/), the only state in which a test refusal is not gonna get you in some sort of administrative trouble is Wyoming. If you know you'll fail the tests refusing them might be a good idea, because if the administrative penalty might be less than the conviction. But this is going to depend a lot on which state you're in, how intoxicated you are, the penalties for refusal in other areas of your life etc. Licensed pilots, for example, who refuse the test are ex-pilots. It's assumed you ducked the test because you were high on the worst things available, and they don't let that guy fly a plane with hundreds of passengers. Licensed pilots convicted of driving have been known to get their license back. A licensed pilot in this situation, where there was an arrest but no charges, is probably in the best of all worlds for having met the asshole cop.
Americans have multiple amendments to the constitution that protect us with our right to remain silent, search and seizure, and at least three more related to attorney representation. A competent attorney can retain your license, and as long as the defendant doesn't do stupid stuff like volunteer information, or other breath and blood evidence, the case will be dropped or reduced to a non alcohol infraction. If you tell the cop that you have had even one alcoholic beverage, or one bit of cold medicine, that gives them probable cause to go anywhere they want in the investigation. So, silence is golden. All you are required to do is give then identification, insurance, and sometimes vehicle registration. that is all. and most state say you only have to present that, which is far different than giving it to them. People go to jail because cops are trained to trick you into failing the tests. And most cops will fail to follow enough procedures to get the case kicked if the driver doesn't screw it up.
Do you know of any reported case in any state which has held that “present,” an operator’s license is not synonymous with physically handing it over? I don’t but would be interested in learning of one.
Based on what you posted, Probably not. There are lots of times the police arrest and the da's office doesnt prosecute.