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[-] gedaliyah@lemmy.world 73 points 16 hours ago

Field sobriety tests are about as accurate as Tarot readings.

In most jurisdictions, the police can arrest you for refusing. Some experts say that if you're sober, it's better to refuse and be arrested, and then find it in court.

[-] foggy@lemmy.world 20 points 14 hours ago

It's 100% what to do.

Let them arrest you on suspicion. The cost of the lawyer will be less than the DUI fines and lost income due to all of it.

"No thank you, officer. If that means I am under arrest then I am under arrest and would like to invoke my 5th amendment right at this time. I will not be answering any further questions this evening."

🤐

[-] iMastari@lemmy.world 2 points 9 hours ago* (last edited 9 hours ago)

If I refuse a field sobriety test and request s breathalyzer or blood test instead, would I still be arrested?

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[-] ryathal@sh.itjust.works 14 points 15 hours ago

Refusing a breathalyzer is expensive though thanks to implied consent. The ticket for that is a ton of points.

[-] gedaliyah@lemmy.world 22 points 15 hours ago

If you're sober you should absolutely agree to the breathalyzer and the blood test.

It's the field tests that are bogus.

[-] cows_are_underrated@feddit.org 5 points 14 hours ago

What? You have to pay for the blood test if you refuse the breath analyzer? Everyday I learn something new about the US and everyday I'm shocked about it.

[-] ryathal@sh.itjust.works 5 points 14 hours ago

Not sure if you have to pay for the blood test (it wouldn't surprise me), but part of driving on a public road is consenting to a breathalyzer test. They do need a warrant to draw your blood against your will, but they may bully the hospital into doing it anyway. Refusing to take one is a crime that in combination with any other violation can get your license suspended.

It may be worth going that route if you are marginally over the limit and a few hours would sober you up.

[-] foggy@lemmy.world 26 points 14 hours ago

100% nonsense.

We've already got plenty of peer reviewed science.

Tolerance is everything, and there's no empirical way to measure it.

[-] Mouselemming@sh.itjust.works -1 points 12 hours ago

Well perhaps we'd better come up with something. Perhaps something along the lines of those "are you really awake?" alarm apps that require you to solve some puzzles, but specifically testing driving skills/reactions, before the vehicle will start.

[-] foggy@lemmy.world 2 points 12 hours ago

If there was a way to determine...

"Are you so high that reality frames are kind of strobey?"

That's the real point where THC is an issue with motor skills.

But ititerally doesn't happen to regular users. So it's... Amorphous

[-] Mouselemming@sh.itjust.works 3 points 11 hours ago

Seems to me driving does not just require adequate motor skills, it also requires adequate reactions, decision-making and observation.

The real barrier to development is that companies don't want to be in the position of "your app cleared this person to drive and they killed my wife."

[-] ChronosTriggerWarning@lemmy.world 28 points 14 hours ago

These the same cops that mag dump because of an acorn? The same cops that "OD" if fentanyl is in the same hemisphere as themselves? The cops that lost a rifle while "raiding" an "illegal" "grow op"? Those cops?

(X)

[-] Omgboom@lemmy.zip 38 points 15 hours ago

The problem is there is no legal threshold for marijuana like there is for alcohol. If they think you are at all intoxicated they will take you in. Never admit to a cop that you have ingested marijuana in any capacity if you are pulled over.

[-] gdog05@lemmy.world 17 points 15 hours ago

Also, don't lie about it. Just respectfully refuse to answer any questions about it.

[-] ohellidk@sh.itjust.works 4 points 10 hours ago
[-] Reverendender@sh.itjust.works 35 points 16 hours ago

I got maybe a third of the way through the article and had to stop due to rage at the police. Again.

[-] ohellidk@sh.itjust.works 2 points 11 hours ago

that wouldn't hold up in court. there had to be valid evidence of it, or there's no case.

[-] Entertainmeonly@lemmy.blahaj.zone 9 points 11 hours ago

An officers word is absolutely used as evidence.

[-] ohellidk@sh.itjust.works 4 points 10 hours ago

or video recording possibly? depends hugely on the judge/corruptness of the court/state. some courts throw out cases based on pure testimony because of the lack of documented evidence in situations like this one. this is usually why cops will make you do sobriety tests, it is used to validate and document the fact that someone is too intoxicated to drive. these actions are usually also recorded, and presented as evidence to the district attorney. a good lawyer can get you out of this situation, especially if its just speculation from the officer. the more evidence they have on you, the harder it is to prove your innocence, and vise-versa. either way, lawyer up!

[-] ogmios@sh.itjust.works 2 points 16 hours ago

Trust the experts!

[-] Imgonnatrythis@sh.itjust.works 0 points 11 hours ago

And everyone is a critic

[-] sgibson5150@slrpnk.net 0 points 16 hours ago

Fuck driving. You'd be lucky to get me off the couch. 😆

Obviously ACAB, but...I have known a few jackasses who thought nothing of driving while high. Just don't. And don't reply to me about how you "know your tolerance" or that you can "handle it". Fuck you, you're impaired. Don't do it.

[-] brian@lemmy.ca 3 points 8 hours ago

While in principle, I don't disagree. If you're impaired, you shouldn't drive. I lost a parent after they were hit by a drunk driver.

However, there are monstrously different amounts of impairment. You have reaction times and motor skills, decision making and judgement, awareness and attention.

Implying any type of impairment to be an unequivocal "no" to driving is short sighted, in my opinion. It's the easy argument to point at any mind-altering substance: caffeine, tobacco, or antidepressants could be classified an impaired driver.

It's also worth pointing out that even different emotions could dramatically alter driving performance. Not that we would ever think about restrictions on crying while driving.

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this post was submitted on 01 Nov 2024
489 points (99.0% liked)

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