Quote:
Originally Posted by Hugh G. Rexion
I refused to do the field sobriety test and field breathalyzer test. They asked me to get out of the car and they said we are going to give you these tests and I said "uh no you aren't". It was a bit awkward to tell them that but I tried to be polite and I cited my constitutional rights. I knew i wasnt drunk so I decided I would stall them as long as I could until they arrested me and hauled me back to the station and then I thought it might make the difference and I for sure be further under .08 but I really wasnt up to speed on how to defend a DUI stop but all I remembered from my internet readings was that the breathalyzer was not accurate and you should not do it no matter what.
I had no idea how to estimate my actual blood alcohol level at the time but later looking at the chart I think I was only .03-.05ish but i was in the sun and had nothing but 5 beers and no water in the last 5-6 hours and I was tired and i was not interested in getting my alcohol level tested. So after my refusal they started in with the implied consent laws and then I said well fuck it and I told them I would consent to have my blood drawn but i was really just trying avoid the breathalyzer. I didnt realize at the time that there was a difference between a breath field test and the test at the station. The field test result is not even admissable in court but they use it to establish probable cause to arrest you(i found this out today) So they spent 15-20 minutes trying to convince me to blow into their stupid field device and I mostly tried to keep quiet and only spoke up when it was to my point. At one point I told them point blank I didnt believe one word they were saying to me cause it was obvious that they were just trying trick me and I actually had somewhat of an upper hand cause their arguments to do the breathalyzer were really stupid and I stuck with wanting the blood test cause it was weird that they didnt seem to want to do it and I picked up on that. They actually explained the reasons it wasnt practical to do the blood and that it was their decision which test to give me. I realize now that the blood test was not an option yet because they first needed probable cause to arrest me and the only way they were going to get it is if I blew in the field device.
So basically I stood my ground and fought them to a stalemate and then the older cop asked me about my job and said well what exactly do you do and it was a softball question that I immediately rattled off a really technical answer and at that point they gave up cause I wasn't slurring my speech and all this was being recorded on a body camera.
This was in AZ and it is definitely an abbreviated version.  |
Thanks for sharing. Shows how effective standing up for yourself while remaining calm and non-belligerent can be when confronted by John Law. For most of us, it would be a good idea to mentally play out scenarios ahead of time, so we don't have to try to wing it and figure out fast what to do and say during what is obviously a very stressful and intimidating situation.