Its important to note that by the time you are asked to take a sobriety test you are already going to be arrested. You could be an olympic gymnast and pass them all with flying colors and the cop is probably not going to let you go. The test is only to pad their case. Thus if you can, you should refuse any field sobriety tests.
Once you are under arrest you could go back to the station and blow a .00 and you are still going to have to goto court and pay expensive lawyer fees.
I failed my sobriety test because of anxiety. In TX if you drink AND drive AND commit a traffic infraction (witnessed by an officer) you WILL go to jail. I did. After ~ 9 mos I got my blood alcohol/drug level back as ZERO. I paid ~$7000 in fees (mostly lawyer). You don't need a BAC >0.08 for conviction! Even a 0% BAC can STILL get you a DWI! TX law is if alcohol/drug is determined to impair you physically/mentally, you will get a DWI regardless of BAC. I NEVER drink & drive now.
The police followed the vehicle from the parking lot of the establishment to the house which was about 5-6 blocks. When the driver turned on his turn signal to turn into the driveway the police cruiser gave him the blue light special. The claim from the officer was that the vehicle had strayed across the center line, that was a false pretense but then
I observed 3 clues just on the walk. Find the standards and see them yourself. He stopped, failed the turn, and stepped off the line on the way back. That was visable in you dark video. Wonder what the cop saw.
I would say my point of view to be biased a bit. There is a lengthy history with the individual and the police department and I suspect that there may have been more to the situation than meets the eye.
Just curious were where you? In the car? Are you absolutely certain he hadn't drifted over the line at all? Unless you were following him, it is difficult to tell from the passenger seat.
He was not asked to blow, he had two beers at a local bar about .5 miles fromt he house and police followed him out of the parking lot. Officer threw the lights on when we turned into the driveway. Officer claimed that our car had swerved over the centerline which was a total fabrication. It was harrasment, very expensive harrasment.
He did not blow, and the officer was probably right. The facts are, the perp had indeed driven his vehicle while under the influence, while not intoxicated he certainly was not 100% sober.
What state was this in? I don't know of any states where someone charged with DUI is not asked to take a breath or blood test. Do you know for a fact that he was not asked to blow or is that what he told you? If he was drunk, he probably doesn't remember clearly.
Its important to note that by the time you are asked to take a sobriety test you are already going to be arrested. You could be an olympic gymnast and pass them all with flying colors and the cop is probably not going to let you go. The test is only to pad their case. Thus if you can, you should refuse any field sobriety tests.
Once you are under arrest you could go back to the station and blow a .00 and you are still going to have to goto court and pay expensive lawyer fees.
mark1m 2 years ago
What a gay cop. First off you dont follow someone from a bar. Second the guy was in his driveway.
Arsunal 4 years ago
I failed my sobriety test because of anxiety. In TX if you drink AND drive AND commit a traffic infraction (witnessed by an officer) you WILL go to jail. I did. After ~ 9 mos I got my blood alcohol/drug level back as ZERO. I paid ~$7000 in fees (mostly lawyer). You don't need a BAC >0.08 for conviction! Even a 0% BAC can STILL get you a DWI! TX law is if alcohol/drug is determined to impair you physically/mentally, you will get a DWI regardless of BAC. I NEVER drink & drive now.
numbers0through9 4 years ago
Good rule, me too.
zcamanap 4 years ago
If he wasn't drunk he should have requested a breath test. Then maybe you could prove the harassment charge.
babygirllilsis 4 years ago
The police followed the vehicle from the parking lot of the establishment to the house which was about 5-6 blocks. When the driver turned on his turn signal to turn into the driveway the police cruiser gave him the blue light special. The claim from the officer was that the vehicle had strayed across the center line, that was a false pretense but then
zcamanap 4 years ago
I observed 3 clues just on the walk. Find the standards and see them yourself. He stopped, failed the turn, and stepped off the line on the way back. That was visable in you dark video. Wonder what the cop saw.
Study the law it is your friend.
bigmikew11 4 years ago
I would say my point of view to be biased a bit. There is a lengthy history with the individual and the police department and I suspect that there may have been more to the situation than meets the eye.
zcamanap 4 years ago
Just curious were where you? In the car? Are you absolutely certain he hadn't drifted over the line at all? Unless you were following him, it is difficult to tell from the passenger seat.
acoliver 4 years ago
What did he blow? Was he drunk and the officer right?
acoliver 5 years ago
He was not asked to blow, he had two beers at a local bar about .5 miles fromt he house and police followed him out of the parking lot. Officer threw the lights on when we turned into the driveway. Officer claimed that our car had swerved over the centerline which was a total fabrication. It was harrasment, very expensive harrasment.
zcamanap 5 years ago
He did not blow, and the officer was probably right. The facts are, the perp had indeed driven his vehicle while under the influence, while not intoxicated he certainly was not 100% sober.
zcamanap 4 years ago
What state was this in? I don't know of any states where someone charged with DUI is not asked to take a breath or blood test. Do you know for a fact that he was not asked to blow or is that what he told you? If he was drunk, he probably doesn't remember clearly.
acoliver 4 years ago