DUI-Sobriety tests

[HyperBaja]

Yes I know I was wrong, I have beaten the crap out of myself since it happened. Was 162# before, now 148. Dont sleep good, dont eat.

My question. I was told I had to do sobriety tests. I tried refusing. Cop forced me to do them.

Second, it was wet out, ticket shows that. Walk and turn test, and stand on one leg has been proven to be less accurate in wet conditions. Failed them both.

Eye movement, failed, but wear contacts, which has been proven to affect results. (look drunk when sober)

Passed the B-Y test.

Blew a .069, also under 21, so a .02 is considered intoxicated.

Also got prohibition (had a 1.75 litre absolut bottle in back.

Also got speeding 80 in 55 and running a stop sign. Any way any of this can get reduced? This will put me to 12 points on license. No one will insure me. Any advice?

[firecop]

Lawyer

[metal]

time machine

[TC]

Yes, you need an attorney.

As for the field sobriety tests, you are required to perform them. When you get your drivers license, it is legally implied consent. If you don't perform the tests, a sharp prosecutor is legally allowed to mention that as a sign of guilt to a jury.

[Iceman]

Yes a lawyer would be good advice & then learn from your mistake. My brother did not (admitted to being a little more hardheaded than I am) & got his second DUI earlier this year. Lucked out & got probation rather than prison & with his record he was really LUCKY!

Here in Oklahoma, the Implied Consent Law basicly says that if you are driving or licensed on an Oklahoma road, you are implying that you will take a breath or blood test is asked to. You can refuse, but then you will have your license revoked even if licensed in another state or have no license at all.

As far as the sobriety test(s), you can refuse, but since this is also a tool to assist the officer in making the decision on whether or not to arrest, you leave the officer without much choice.

How many officers are going to say OK you're free to go & risk their career & conscience if you kill someone down the road.

I actually had a lawyer that we had stopped & the recruit I was training started the sobriety tests. The lawyer decided that he was not going to cooperate & said so. The lawyer changed his mind when I explained that he was not giving the recruit officer any choice & that without the sobriety tests the only choice would be to arrest & then ask for breath test, which of course entails a little trip to the county jail. He changed his mind & the result was not enough clues indicating intoxication & he got to go home.

Moral: You have a choice just like drinking & driving, but there are consequences.

[reefer]

Originally posted by HyperBaja
Eye movement, failed, but wear contacts, which has been proven to affect results. (look drunk when sober)

hmm, good to know...i got pulled over the other day and had to do the visual test twice makes more sense to me now cause i dont have on my license that i have a visual impairment or whatever. i hate getting harassed...cop pulled me over because of my 'loud exhaust', said my car smelled like beer...i have no idea how since i hadnt been drinking, my friend hadnt been drinking...and no alcohol has been in my car for a long time, and he said i was swerving towards the curb :conf: i think he was day dreaming...continued to give me the visual test twice and blow in his face...and what did he do for the original reason he pulled me over which was my exhaust? nothing...fuck this town

[TC]

Don't believe all that you read on the HGN test. Failure on the test is 4 out of 6 clues. Contact lenses will NOT give 4 clues. Nice to hope, though. :)

[pyro9862]

Your lucky if you lived here your license would be gone till your 21 and they would take your car.

[firecop]

A small percentage of the population has HGN (horizontal gaze nystagmus) normally. The rest only when under the influence.
I have it normally. It is the one test you cannot practice for or become immune to the effects of alcohol.

If the officer smells the odor of an alcoholic beverage (notice I did not say the odor of alcohol) and you have HGN, you're busted.

[reefer]

good to know, learn something new everyday......

[KamaroZ'91]

expensive attorney. :D With me people started to need the good ones. I got good at DUIs in court, to the point where not many attorneys could really do much for their clients against me. Only way people got off is if the attorney gave up trying to find a mistake on my part or argueing law, but instead played the jury, painting an innocent picture of the client.