LAWYER: 5 DWI Mistakes Cops Are Counting on You to Make!

[@hamptonlawfirm]

Get 20% OFF + Free International Shipping @Manscaped with promo code HLAW at Manscaped.com/hlaw! #manscapedpartner

[@DaveBigDawg]

Should do a video on boating and the field sobriety test on the boat I've seen the ones out of Florida and the test are insane There is no possibility of passing one of those tests

[@CarterLee-jv4ky]

My brother is a cop, and he has always told me that the moment they ask you to perform field tests, they have already decided you are going to jail.

[@ozzy.....7383]

I’ve taken those tests drunk and failed and never went to jail. You can’t do those tests. Bac is inadmissible

[@jeffsmith350]

I have a friend at work who went to jail for DWI for refusing a test. He was handicap. He had only one leg, and the police officer wanted him to walk in a straight line. He had a prosthetic leg. Because he told the officer he couldn't walk in straight line, the officer arrested him. The judge threw it out.

[@Jules-s6j]

Yeah but he was arrested, I hope he sues

[@j.r.8592]

And nothing happened to the cop...

[@mabt4223]

what a brilliant judge.🤪🤪🤪🤪

[@Ricky-l4b]

​@@j.r.8592, never does

[@frisk151]

Thank GOD for legit and fair judges.. They are becoming more rare all of the time..

[@motorbuzz4748]

I'm not afraid of being caught driving intoxicated. I'm afraid of being arrested driving sober.

[@jerryking8877]

I was. I got arrested for having a prescription for Suboxone from my doctor. I refused to take any tests and did not. I was as sober as the cop that arrested me.

[@Blinknone]

@@jerryking8877 What ultimately happened?

[@ScrappyXFL]

No shit. I have to use a cane, I'm f'd. Carry too.

[@ross5839]

​@jerryking8877 If you're taking Suboxone, you're not sober, and you are under the influence of a controlled substance. you are an at risk driver while on this medication.

[@ross5839]

Tennessee just had hundreds of sober DUIs arrests exposed.

[@bradmaas6875]

How about the 600+ people that were arrested in Tennessee for DUI, and they weren't even drinking?

[@stevenordstedt2535]

Strongly doubt that

[@larsharris]

@@stevenordstedt2535 it’s true. They were not drinking alcohol. They blew a bac under .04, if not lower. But were under the influence of other things.

[@bradmaas6875]

@@stevenordstedt2535 headlines, do a cut and paste. WSMV4 Investigates uncovers more than 600 cases of sober drivers arrested for DUI in Tennessee

[@bradmaas6875]

Almost a third of the 15,000 people arrested are clean, no alcohol or drugs.

[@larsharris]

@@bradmaas6875 right. But I drive across country, mostly at night, sleep in small towns in my car. Have small town Police stop by. They never check my id, ask me to get out, often apologize for bothering me. But they arrest people who are not impaired? Tired is impaired.

[@KRAMITDFROG]

What happened in Tennessee illustrates this perfectly.

[@pomztoybox6877]

They have no baseline to compare your performance against. This is no different than the Salem Witch Trials.

[@DirtyDog97]

With the Salem witch trials, there were fake self-professed experts with phony science as to how to identify witches. Witnesses would give testimony as having happened things that didn't actually happen to justify charges and try to get a conviction. It's no different with DUI today.

[@anthonyiocca5683]

It’s come down to failure to distinguish the difference between right and wrong…

[@Alaninbroomfield]

DUI laws have gone too far.

[@kfelix2934]

I don't think the laws have change that much, it the police/sheriff operation and of DUI enforcement has went south. Just look at Galanaki(sp?) they will run that guy thru the tringer and noting personal happens to arrest who was 100% wrong.

[@cesiba1]

No, they have not. It's the police interpretation of and misuse of their powers.

[@scottmatznick3140]

-DUI- Laws have gone too far

[@KeepYourSillyPronouns]

Deaths from dui driving has go e too far.

[@kfelix2934]

@@KeepYourSillyPronouns In reality there are fewer DUI fatalities today vs 30 years ago. Is that due to DUI enforcement or safer cars & safer roads? IDNK. What I know, CA and TX have the highest rates for the nation and that is merely due to these 2 states having the most roads and most drivers. What I do know is that a lot of stupid DUI arrests are issues for drivers for minor minor issues and a lot of cases are thrown out or plea bargains in courts. In my county which follows the state average, 15% of the DUI arrests are thrown out ( lack of evidence ), 85% of the remainder are pleaded out, and those that are not and go to trial, the state has a 90+% conviction rate. These numbers are for 1st timers with no serious injury or fatalities to others.

[@Joe-if4ce]

I was stopped and performed the tests. Expressed my nervousness, medications, and previous leg injury. I never swayed, didnt use my arms for balance, and i thought I completely crushed it. Still was asked to blow and was thankfully let go after that. I knew the tests weren’t in my favor but decided to roll the dice because i was confident i was right. Didn’t know how rigged it was, don’t think i’ll do that again.

[@DirtyDog97]

MADD gives awards to the cops who make the most arrests. MADD in turn makes money off the arrests because they collect a "participation fee" from every defendant ordered to attend a MADD victim impact panel, which is virtually all defendants, and it artificially and grossly inflates the problem of DUI. When they can cite a large number of arrests, this drives urgency in the mind of the public and creates justification for fundraising events such as walk-a-thons, concerts, and car shows. MADD is a brand and they want to spread their brand and sell their product as much as possible. Thus, they encourage cops to arrest everyone, not just actually impaired drivers. It's just easier that way for the cop. He doesn't care that he's devastating an innocent person's life, he gets an award and maybe a merchandise prize from MADD and his department gets grant money. Cops will ignore evidence that is contrary to a notion of intoxication. They don't want to make the accurate decision (there is no incentive to), they want to make an arrest. Take it from someone who has been arrested for DUI numerous times and has dealt with these police shenanigans first-hand and has nonetheless fought them successfully every time, but at great expense. Even with having never been convicted, it has been devastating to my life. DUI enforcement is now largely a corrupt racket. There is a whole industry that feeds off of people being arrested for DUI, whether they're actually guilty or not.

[@robertgantry2118]

@@DirtyDog97 - So, in other words, fk the police?

[@StsFiveOneLima]

@@DirtyDog97 MADD are a bunch of mad assholes.

[@skate2ice]

​@robertgantry2118, that's not a fair question. You absolutely have a 5th amendment right not to incriminate yourself. The tests, etc are rigged against you.

[@robertgantry2118]

@@skate2ice Yeah, so fk the police, fk the courts, and fk the politicians who don't do anything to change it.

[@TwistedNightmare21]

I'm not your dog, and I'm not doing tricks for you.

[@robertgantry2118]

I'll perform the tests if they pay me. But it's got to be cash, up front.

[@PandySearl]

​@@robertgantry2118 And it has to be $500,000,000 it's going to cost them.

[@clickitcool3679]

That's the fastest way to go to jail. Just say you envoke your 4th and 5th amendment right to remain silent, then ask if you're detained or if you can go.

[@robertgantry2118]

@@clickitcool3679 - As soon as they ask you to perform tests they're already planning to take you to jail. So you might as well get in all the insults you can.

[@cranmer1959]

@@robertgantry2118 Wrong. Be polite.

[@danliberty734]

I know that I can NEVER talk my way out of being arrested. My mouth would only dig it deeper.

[@joelee2371]

@@danliberty734 that, unfortunately, applies to most of us, like it or not. I've always believed even a fish wouldn't get in trouble if he kept his mouth shut.

[@AlphaMale_1]

All of these tricks from LOE from their "training" is no wonder they are not respected.

[@KF-uu2en]

Your fell for his tricks. He throws cops under the bus for youtube hits.

[@tywal]

Refusing to take the roadside tests is certainly a choice one should consider. Where I live refusal to take the tests will immediately result in 1) Arrest 2) Having your vehicle towed 3) automatic suspension of your driver license for 6-months; and this all happens even if you are not ultimately convicted on a crime. Errata - there's a casino on an Indian Reservation not far from where I live. The casino gives out free booze to gamblers. It may be watered down booze but it still contains alcohol. The State and Local Police vigorously stop cars on the highway that passes through the casino for sobriety testing even if you aren't exhibiting any driving anomalies. I haven't had a drink in decades and have been stopped on that highway numerous times which always worries me. I actually told the trooper "I don't drink and NO I was not at the casino. Why did you stop me?" Of course I know why he stopped me, but that's besides the point. This highway is a massive revenue collection zone. I worry that this particular officer may be dishonest and pop me for DUI/DWI and it will be my problem to disprove the charge. Oh, and let's not forget we have plenty of Attorney's that specialize in DUI/DWI cases and who get $5000 dollars up-front to defend you. I'm not making this up. I know two of these attorneys personally. $5k up front.

[@Yata69]

Yup, paid 5k for zero defence! Officer said I was crossing the center divide, it had an 8ft trench in it, 10ft deep! How did I cross it at all?

[@danieljonhson6367]

They should have the same law in all 50 states

[@Wesmancan]

Same will happen if you take the test and fail. Duh.

[@bencapobianco2045]

So what you’re saying is that if I get pulled over and I’m perfectly sober I’m still going to jail? The test is very flawed and almost certainly shows guilt regardless of intoxication and if I refuse it I’ll be arrested for applied consent law???

[@Dan_Gleebalz]

Thank you so much for pointing out that your license will be suspended whether you decline the tests or take and fail the tests. Whenever I tell people to refuse the tests they always say, "but they'll suspend my license if I refuse."

[@YourTeddy999Roblox]

Great video but a point I would make is that field sobriety test are not pass or fail. You can NOT pass it in any way. They can only harm you since they are meant to be administered so the officer can make observations on your performance. …. When they say, “Sir, your eyes look a little red. Have you been drinking?” … just reply, “Officer, your eyes look a little glazed. Have you been eating donuts? “

[@craigbrowning5196]

Bad idea. It makes the officer hostile, which doesn't help. It's also childish.

[@Jack-x6m5j]

@@craigbrowning5196 And? The police are already hostile.

[@Wesmancan]

Good way to get your ass beat.

[@MathumaTao]

Yeah but it's a great joke

[@deebee4575]

@@craigbrowning5196 forgot this suit to take field sobriety test he's already decided he's probably gonna arrest you. I'd put it out of about 90%.

[@racer6489]

Officer: you aren’t walking straight, how much have you had to drink? Me : none, my imaginary line is a zig zag.

[@antonnym214]

I don't drink nor smoke nor ANYTHING. A cop in Roswell, GA pulled me over because HE thought I swayed in the lane while changing from the lane of travel to the turn lane. He wanted me to do the field sobriety tests. I refused, and he said, if you refuse, your license will be revoked for one year. I aced all the test. He decided I was just tired, and let me go.

[@martincohen8991]

He was lying. A police tradition.

[@TwstedTV]

My lawyer won the case when a cop tried to blame me for being DWI while driving. Here is the kicker, I don't drink, I never drank any alcohol. 🤷‍♀ But the cop blamed me anyways. He had me take the field test and marked me as DWI. Again, I never drank in my life. But he still blamed me after taking the test. When my lawyer caught up to him in court in front of a judge the lawyer asked a few questions that crumbled their case. And those were, Lawyer, Are You a doctor officer ? Officer, No. Lawyer, Do you hold any medical license whatsoever of any kind ? Officer, No. Lawyer, then why are you practicing medicine without a license on my client ? Officer, I was giving a field sobriety test. Lawyer, But you do not hold a medical license, you are not a doctor. So why are you practicing medicine on my client ? State Layer, Objection, badgering the witness judge. Lawyer, Judge, I am showing the court that the officer here is practicing medicine without a license, as the officer is not an expert in the medical field, to say that my client was ever under the influence and proceeding to have my client go through a physical medical test on a side of a road from someone who is not a doctor or holds a medical license. Which should make this case unfounded and should be dismissed because the officer is unlawfully practicing medicine without a license, judge. Judge, overruled continue. Lawyer, thank you, judge. State Lawyer, Seriously, judge ? Judge, I said, overruled. As a matter of fact, this case is dismissed. You may step down, officer.

[@cryptojihadi265]

BS. Total fantasy post.

[@eq1373]

Total fiction

[@jaredklein8863]

So, basically, if they want to arrest you for DUI, they can. That seems like a problem.

[@wombatdk]

If a cop wants to arrest you, they will. Because they do not have to face any repercussions, they basically can do whatever they like.

[@DirtyDog97]

The cop definitely wants to arrest you because he gets overtime pay and awards from MADD, and his department gets grant money from the NHTSA. The cop simply says it is his "opinion" that you are impaired. Cops may purposely not administer the breathalyzer in order to claim refusal. In many states, a (alleged) refusal can be introduced at trial as the basis for a (rebuttable) presumption of consciousness of guilt. MADD makes money off of people being arrested for DUI. That is their whole source of revenue. More arrests means more money. They don't mind that innocent people are being charged. The important thing is MADD gets to sell more court-ordered seats to their victim impact panel, at $50 to $100 or more per person.

[@nicholasmelfi4684]

I had a brain tumor removed in 1989, required taking my vestibule nerves out of my brain stem. If a cop wants me to do a test, he bettrer be ready to catch me or their will be one hell of a lawsuit.

[@KlvnBrks]

Does that affect your driving?

[@nicholasmelfi4684]

@KlvnBrks not as long as I can see clearly.

[@boboharperoldbobostillhere7588]

I'm in my late 60's. I don't drink, don't smoke, don't do drugs. If I were asked to do some of these sobriety tests like walking a line, I would miserably fail. I've never had a good sense of balance and it's only gotten worse with age. What would I have to lose by saying I can't do the field test but give me the breathalyzer? I'd have to blow a 0.0 as I haven't drank anything since my teens.

[@MatthewDouglas-n5w]

People over 65 should refuse the test. The federal agency that created it states in the manual that age related physical decline makes it in appropriate for senior citizens.

[@bardnightingale]

Blowing is dangerous too, they often do not calibrate their blow tests or they set them to blow a higher number

[@dudetocartman]

@@bardnightingale That's why it's better to do a blood test. It's the most accurate.

[@stephensanders-v6v]

Thank you Thank you Thank you. HAMPTON LAW!

[@gregzoller9003]

One point I think is key here isn’t that this will keep you from going to jail. A cop in a bad mood will bring you in. This advice will keep the burden if proof on the government and greatly increase your chance of having the judge throw it out. Frankly if you have the presence of mind to say what he suggests at the end of the video to a cop, it kinda supports your sobriety right there.

[@KRAMITDFROG]

I had a friend who did these tests and additional tests (like all of them - I was there) and he passed them and was still arrested. They wouldn't let us drive his car home (we were two miles away) and insisted on towing it. He said that he watched the tape during the observation period as they were copying it (this was 30 years ago) and he said he passed them. As the legal process went on, it was found that the state "lost the tape." This was clearly because he did pass the tests and this would've been used to acquit him. He did blow over, so the state ran with DUBAL. But, passing the tests would've shown that he wasn't impaired, negating the reason to blow in the first place. Alcohol affects people differently, so it's completely arbitrary. It was reduced to a reckless. But, he still got railroaded since most first-offense plea situations go there anyways. He is still ticked at his attorney because the case should've been dismissed due to loss or destruction of potentially exculpatory evidence. He was just too young to know any differently. That night sucked both for him and for us.

[@williamross4873]

Unfortunately, in MINNESOTA, you do not have a right to refuse blood or breath tests. It's a crime to do so. Known as "criminal refusal."

[@mitchellhogan5142]

What is the punishment

[@CTCRZ]

State laws do not supersede the U.S. Constitution.

[@414s4]

In college, the local police departments dui expert came to give a demo of their tests to 6 college students that were drinking. We all did the sobriety tests, at 6’4” I was the only one that he said he wouldn’t breathalize, I think because of my size. I blew a .14, was drunker than crap. Passed the pen test by rapidly looking at different points, instead of following his pen. YMMV.

[@stevebagadinski3896]

As a public service, remind the cop its a felony to lie to a federal agent (not that you're a federal agent, but remind them)

[@davidbouchard8963]

😂😂😂

[@bpdmf2798]

They'll twist that to say you impersonated a federal agent and add that charge that you'll have to fight for months.

[@MissLibertarian]

A study 30 years ago showed that 20 hours without sleep makes it impossible to pass a field sobriety test. After it came out, the courts in New Zealand (?) began holding employers liable for sending home or to work employees who had worked too long without sleep. Will power and caffeine did not work! Reaction time, hand eye coordination and judgement were all impaired dangerously.

[@DavidPol1973]

I am disabled with failed shoulder surgeries and broken lower back, I am losing balance sometimes when walking also I can't stand on one leg, so their physical sobriety test is a no no for me I can't pass it sober( I had a Cop friend do one on me and I failed sober),but I can provide by CO2 when I exhale in other words blow in the a machine that's it, but the good thing is I don't drink at all and when I did drink I didn't drive zi have a CDL for over 20 years and take no illegal drugs so I got nothing to worry about also I know to keep my mouth shot, I seen those videos where sober people got arrested for DUI because of Cops suspicion

[@selfdo]

You don't have to justify why you shouldn't be made to perform an FST, though simple refusal, followed, if they persist in haranguing you to do them, repeated utterings of "Go Fuck Yourself!"

[@danielwright444]

In the Navy we did a breathalyzer test prior to starting a duty day, false positives were very common.

[@BabyJesus66]

​@@danielwright444a cop left theirs in my friends car and so we'd play with it and tons of stuff would set it off. They're definitely not the most accurate things. We tried different ways to get it to show lower results... like the old penny trick. That didn't work lol.

[@tomeauburn]

I have personally seen a portable test show someone drunk that was completely sober. The main reported the correct number with the calibration gas. The machines can go bad. Cops can charge you with DUI for using your medication as prescribed. Cops pretty much can arrest you if they want to do so.

[@rangerrecon]

As an older, overweight person, I can't do the balance tests (walk & turn and one-legged stand). I've tried these a few times at home and I can't sustain my balance through them. I also know that I would do worse when you add in stress and adrenaline during a traffic stop. As an aside, I saw one DUI stop video on KZbin where the driver noted that the officer swayed while demonstrating the walk & turn. The person question why the officer was swaying while only demonstrating three steps in the walk & turn, so the driver asked the officer to perform the entire walk & turn. The officer refused (repeatedly) to do the full walk & turn with nine steps. The officer kept insisting that they are only required to demonstrate using three steps.

[@Wesmancan]

It’s not about you. Lose some weight maybe

[@razak4494]

I've never seen the police have someone take the field sobriety test and then let them go. When police ask you to take that test they have already decided to arrest you whether you pass it or not. So I will never take it.

[@blitzenbary]

Business is about to improve exponentially. Thanks for sharing your knowledge.

[@hamptonlawfirm]

Thanks for watching!

[@davidparisi4980]

I would and have refused road side sobriety test and informed the officer that I'll gladly submit to a blood test,and asked him if that's why he pulled me over,in both cases the answer was no,so then I asked then why the drinking questions,I both cases the matter was dropped and went on to ticket me for the so called traffic violation they supposedly pulled me over for.

[@JohnSmith-ii8pp]

And remember, the crooked cop wants you to fail.

[@danielbuckley5415]

Great advice and clarification! Thank you!

[@hamptonlawfirm]

You are so welcome!

[@yankeedoodle7693]

IME- when police ask you if you've been drinking, they've already made up their mind you're going to jail so they can get that DWI arrest.

[@youtube.commentator]

Thanks, lawyer.

[@melissasmess2773]

You loose your license either way around here, don't drive drunk and don't break another law if you're already breaking one!

[@nonamenowhereski7563]

I agree - however there are police/sherrff/state police departments that offer incentives for DWI - so your advice wouldn't factually matter. What would you advis e then? Not drive? Not get a license to drive? Not be a law abiding citizen? Not exist? that seems rather restrictive, no? Just wondering.

[@LeonardPond-yr6ji]

Went through these tests in 02...passed all of them in front of 5 witnesses...still ended up at CHP office and passed still more testing. The officers Lt. On duty said it was up to the officer if I went home or to jail. Guess which one? Cost me $$$...my job, lost my license for over 3 yrs. NEVER submit!!!! Make them warrent up!

[@jackreisewitz6632]

When a cop seeks to have you perform any sobriety test, he has already decided to go for an intoxicated charge. He is only seeking to establish justification for the arrest. He knows that there are no true standards to compare your performance against. Therefore, the test results are completely arbitrary and subjective, and he can claim anything he wants. These tests can't be used to show your innocence any more than your guilt because he doesn't have a baseline of your behavior when sober to compare against. The number of people who have been arrested when not under the influence of anything just proves that police rely on the subjective nature of these tests to charge people any way they want.

[@ScottWilliams323]

I love this channel. Always great info and the explanations are explained so a layperson can understand them.

[@hamptonlawfirm]

Thank you so much for watching!

[@walterpack9558]

Cops are always wrong if you need help at the last person you call

[@newguy2794]

??? Please clarify. Thank you.

[@timphelan2873]

​@newguy2794 they're scumbags with no integrity and no accountability.

[@newguy2794]

@timphelan2873 thank you

[@wuz2do]

Maybe I'm just not understanding the statement. But as it is worded it doesn't make any sense

[@newguy2794]

@timphelan2873 you re-worded your answer, and I thanked you for that. Can you please explain your initial comment ? Thank you

[@ericlee9015]

In my state, if you refuse a blood test it's game over and your license will be revoked. Period. I will refuse the roadside tests, and that should make it harder for them to arrest me and I can fight that with a lawyer. But if they do arrest (with our without probable cause), I am not risking being revoked. It'll take 6 months in my state to get a blood test back. In the mean time I am innocent and my license will not be revoked. When the blood test comes back negative, the case will be dropped or I can beat it in court. Am I making a mistake thinking this way?

[@mikehughes8023]

Does your state use implied consent forms? If so then you would be fighting a lost cause in court if you signed it.

[@BigMobe]

@@mikehughes8023 What if you get stopped in an implied consent state but your license is not from one of those states? Can they suspend it despite your licensing state not having implied consent?

[@ericlee9015]

@@mikehughes8023 Not sure what that is, if you have a Washington state license, it will be revoked if you don't submit to blood test after dui arrest. No trial, no court, just revoked for not submitting to blood test.

[@stevepreskitt283]

@@mikehughes8023 Why would he be fighting a lost cause? Implied consent laws apply to breath/blood/urine tests administered incident to an arrest (i.e. the Intoxilyzer at the station), not FSTs/PBTs. He said he'd be willing to submit to a blood test incident to arrest.

[@zelmerjoe]

If I've been driving for a time I tend to get stiff so exiting a vehicle is a process until I can stretch my legs and walk a bit.

[@newguy2794]

I fell a great distance in 2020 and micro fractured my entire spine. I couldn't do any of those tests.

[@nathandubois1254]

What is exactly wrong with blood test results can that help or evertyhing hurts you even if its zero

[@steveb6386]

As probably the only one (so far) on this thread who deals with DUI's every day in a civilian capacity, a few things to consider with DUI's. I'm not law enforcement and have no wish to be, nor do I write laws. I work in California and I give out information to people (including lawyers) on what their options and requirements are after a DUI arrest and/or conviction The usual question starts with "I want to know how to get my license back". The procedure depends if they've just been arrested, or they've been convicted too. Is it a first time? Are they a multiple offender? Were they involved in a crash or collision? Were people hurt/killed? No two profiles are exactly the same. I know instinctively how the conversation will go in the first ten seconds after confirming their identity. They fall into the genuinely feel stupid/contrite/ashamed/upset; right up to the supremely arrogant/belligerent/unremorseful/catch me if you can. The latter happens more often than you might imagine. The legal BAC is .08 with a class C DL (Car). For those with a Commercial DL* .04, and .01 if under 21 years of age. Under 21 it's also a one year automatic DL suspension (On the arrest), and at the end an SR22** and a $100 fee to replace the DL...and a great deal of hurt from any insurance companies willing to insure you. In the event of an arrest, the officer will issue a pink slip called a DS 367 and that is a temporary DL that lasts 30 days, after which a suspension goes into effect, and unless a restricted DL is applied for (and the requirements to have one issued) the suspension lasts (First time DUI***) four months. If in that time (Or during the restriction period) there's a conviction, another suspension takes effect until such time it ends or a restricted DL is applied and issued. One common misconception that is frequently told to us is there's a statute of limitations on a DUI that isn't resolved correctly and after a few months/years and a dose of amnesia it will go away. It doesn't. "Well it was five/ten/fifteen years ago, that was in the past". And? You haven't dealt with it since then and only 𝘯𝘰𝘸 have found not only was your DL not valid for the last five plus years but are complaining you have a whole host of obligations to meet before being allowed to have your driving privileges restored? A DUI conviction stays on the record from violation date for ten years but only if resolved. If it's a CDL, from the date of the conviction. Traffic school can (if the court approves it) remove one point, but as a DUI (and a Wet Reckless) conviction attracts two points, and picking up points attracts suspensions, options quickly run out for multiple offenders. I've had people tell me, after being told they're suspended, they'll drive anyway because 'Murican, freedom' which is all fine and has the impression of giving it to the man, but remember, they're not only suspended, they have no insurance. And no, a DL isn't a right nor is it in the Constitution. We have to be professional and almost indifferent in our interactions, but when someone who has a hit and run 𝘢𝘯𝘥 a manslaughter conviction on top of the DUI it is sickening when the only thought in their tiny, entitled mind is "How do I get my DL back?" The worst BAC I've seen was .045 in a 23 year old. Or almost a half of one percent of their blood was alcohol, .050 is potentially fatal. The worst multiple offender I had dealings with was also an early twenties male with four convictions. The first when he was 17. Just this week a colleague of mine had someone with six DUI's in eleven months. Sure, a few get pulled and arrested are innocent, but a lot more are not and never get caught or drive with no DL and fly under the radar for months until finally their (And/or some innocent person's) luck runs out. And the first time they do get caught is rarely the first time they've driven while drunk, but they made that choice. Only twice have I empathized with a DUI arrest subject. Both were recently widowed, the first she was in her 70's and never drank. Her husband had died the week before and she took one of his beers from the fridge, and drank the lot before getting in the car and driving it "I had no idea why I did it, I felt desperate", she crashed into a ditch and was miraculously unharmed, the cops turned up and she failed the BAC. The comment that even now chokes me up was "I was in the police station, the police were really sympathetic, but the only man I wanted wasn't there", and she sobbed then and there. I had to take a break after hearing that. The second almost identical circumstance was a recently widowed man. All that said, don't refuse the breath test if you have the choice. It puts a year suspension on your DL irrespective of the court outcome. Do it again within ten years adds another year to that suspension. * Two CDL DUI's and it's a life ban on Commercial vehicles. Driving a car and get a DUI with a CDL goes on the CDL too. ** An SR22 is a type of bond you get from an insurance company. It covers you, not the vehicle. *** There's only ONE first time. After that it mounts up.

[@JohnSmith-ii8pp]

The one that cracks me up is asking to say the alphabet backwards. Nobody can do that, unless they have practice and learned it, most likely to defeat the test, so if they can, then the cop knows they have learned it specifically to pass a dui test.

[@robertgantry2118]

"Sorry Officer, I can't imagine any line being where, in reality, there is no line. You should get that checked."

[@jinsvi]

What if you don't drink alcohol. Should you consent to a blood test

[@mikewood8208]

Question: If you refuse and they threaten to take your license for a year, they don't prove you have been drinking....can you get that restored?

[@craigbrowning5196]

Not a lawyer, but I'm pretty sure the answer is no. The suspension for refusing, and a conviction for DWI, are different things. Refusing it its own violation drunk or not.

[@stevejette2329]

One of the mandatory classes at police academy is "Creative Writing 101".

[@christineribone9351]

When my cat wakes me up in the middle of the night, I crawl out of bed and try to walk to the door. Its very common that I walk into the coffee table, fall over a chair,, and stub my toe on the leg of my couch.

[@Cwyatt92]

“No officer, I will not be performing any field sobriety tests.” “Why not.” “Because- *I don’t trust your biased opinion *Sober people fail them all the time *Im too old to play Simon Says

[@Sharky_On_The_Road]

So, remember when a cop asks if you have been drinking, you are guilty until proven innocent. Because the cop needs a DUI arrest to pad his arrest record whether you have been drinking or not.

[@jeffsaxton716]

I'm 74. I've never been arrested. I've never been in an accident. I've never driven under the influence. But it's very clear that these roadside tests are subjective and unscientific. Just by having somewhat diminished balance and coordination would probably make them fail me. I think it should be legal to to refuse these tests, and insist on a certified breath or blood test.

[@CarterLee-jv4ky]

@@jeffsaxton716 Damn... lookin pretty good for 74. I just turned 62 and I think I look like I could b ur dad, haha.

[@nerdvision3587]

Every cop that has pulled crap like this should be sent to prison for a very long time.

[@joni3503]

License suspension is for 3 months if you turn out to be over the limit, but if you refuse the blood and breath tests, it's going to be one year suspension. So on the road I would say; "breath test is okay, but I rather not perform a sobriety test, officer, bc I'm not sure if I can do these things properly, since these tests are difficult even for people who have not been drinking"

[@user-jo5fz8iw3b]

. . . . . . . .....if you say you had only 2 or 3 beers, that means you had 10 beers to the Police Officer

[@UncleDuncan5092]

In my east coastal Florida County, there may as well be a curfew after dark. I’ve been stopped, tested and “released” and it went exactly as you describe.

[@Shodan8285]

Retuse FST, absolutely. But there's more than one person here trying to trick you. The cop that wants to arrest you, AND the attorney who wants 10 grand to go to trial on this. If youre sober, take the blood test.

[@tybrady4598]

If I wasn’t drinking, I’d submit to a breathalyzer on site, but not to any of those other tests that are designed so a sober person can fail them.

[@brucesmith9144]

Don’t take the PBT! It’s not calibrated.

[@lashawnwilliams5664]

I have a really good implied consent law question. If you are from California (or any other state) and get pulled over for a suspected DUI in another state, lets say Nevada, and they are trying to use the implied consent law of Nevada against you which is different than California, can they compel you when you NEVER agreed to the implied consent laws of Nevada since you dont have a Nevada driver's license? Yes you are in their state but implied consent laws are agreed to when you obtain that state's drivers license which you never did because your not a resident of that state.

[@craigbrowning5196]

The law is that driving on their roads implies consent.

[@mlcsella]

I’m 70 years old and have a hip replacement. Can I refuse a field sobriety test on these grounds? Did I hear that NTSC does not recommend field sobriety tests for seniors?

[@808ecobeast7]

Yes, NHTSA does "not" recommend the SFST to be administered to "elderly" or "overweight" subjects...it's in the SFST training manual...

[@verymoonen6822]

Great video. Thank you You are the first to explain the tests ok.

[@hamptonlawfirm]

Glad it was helpful!

[@chinkasuyaro8983]

"I imagined that I walked down the imaginary line. Does that count?"

[@Michael-jh4wi]

Thank you. Valuable advice👍

[@hamptonlawfirm]

My pleasure!

[@rp1645]

Thank you for talking about this. Me being completely sober would FAIL these walking steps because of my age and the PAIN that is in my LEGS from doing heavy construction lifting of broken cement and blacktop into backhoe bucket. But cops don't care. Remember everyone that the cops just want to Arrest you. Even if you pass the walking and PEN test. Have seen over and over the poor sole just asking questions that is enough for cops to say you resist Arrest. The best defense is stay silent. Everything you say can and will be used against you.

[@martinoamello3017]

I quit drinking 20 years ago. That in and of itself is no guarantee, but it VASTLY improves my chances of going home versus being falling down drunk in the first place. After years of dealing with police the hard way I learned to show basic respect even when I know for a fact the officer is a complete schmuck. I don't argue, don't try to BS my way out and I look them straight in the eyes. I quit drinking 20 years ago because of multiple DUI convictions.

[@MojoMedicineMan]

The actor "Steve Martin" makes this point in a movie while he's in Europe somewhere with a dead body in the passenger seat. Absolutely hilarious 🤣

[@Hamsterbytes]

But why do some states use the coerceive statement that if you do not do any tests,you will be punished anyway.? One year, suspension for being sober and not guilty of anything...

[@driver6805]

Great video. Just a bit of info i would add is if you have a class A or B CDL even in your personal vehicle, the legal blood alcohol is 0.04 literally half of a normal class F drivers license.

[@fraliexb]

I wouldn't be able to do the tightrope and standing leg when sober.

[@garyalleccia2793]

Thanks Jeff. You could have more business if you didn't help people avoid trouble. True positive character. You would be my guy if I ever need you. But I managed to stay out of trouble for 60 years. Let's hope we never have to meet. Fellow Texan G.

[@CaciqueTaino]

Jeff, love your videos and they are all super informative. With this video you leave some folks with a very tough choice. These implied consent states have a lot of mandatory fines/penalties for refusal to take a breath or chemical test. Some states have automatic license suspensions for six months or more. It's obviously not the same as losing your freedom but a lot of people can't perform their regular responsibilities without that license. Really tough choice here and implied consent is such an end run around the 4th amendment.

[@christianshockley8595]

HAD TO TELL POLICE FOR 45 minutes that I am not getting out of my car to perform a sobriety test because it is designed to fail!!! The officer kept saying I just want to make sure you’re safe to drive LIAR!!!FOR 45 minutes he persisted! I said I’m not getting out of my car unless I have committed a crime and am under arrest. I held my ground and was allowed to have a friend pick me up after they realized I was not going to submit to their requests This guy is not a real lawyer!!! NEVER get out of your car to submit to these tests PERIOD. And no I don’t need ANY hair care product’s.WOW

[@davekramer4266]

I'm 80, I tried walking a Strait line. I couldn't. IF i was pulled over for suspected DUI, After Providing the Std ID, Insurance, Registration. I would refuse any Testing, and tell them I claim the fourth & an attorney be present.(I don't Drink Alcohol, OR Use any Drugs Other than my Heart Meds)..👎🤔 Your add for the shaver just failed, with that semi Beard.🤣🤔..

[@robertboudrie2234]

The "warrant for test" varies by state. They cannot get a warrant in Massachusetts, and your refusal cannot be introduced at trial - but you license will be administratively suspended.

[@joecummings9662]

City in tennesse gave out 609 dui arrest to completely sober drivers some are suing

[@constitutionprotector3130]

Actually it was a number of cities. Google Trooper Yates Matoy

[@DirtyDog97]

4:18 Many DUI arrests are based on the cop's desire to pad his stats for MADD awards and grant money.

[@hoi-polloi1863]

Another thought here... it's kind of okay that officers can arrest on the basis of imperfect tests. After all, this is the accusation & arrest, NOT the trial. The trial is where the validity of the accusation is tested. In some countries, erratic driving is PC for a forced breath test and they skip all the folderol with gymnastics. Might be better for clutzy ol' me...

[@WayneKeen]

I never drink and drive (I hardly ever drink at all), but (a) I am overweight (b) I am older (c) My coordination was bad to begin with before (c) I broke my back a little over a year ago so (d) I know from months of physical therapy that I could never do the one legged stand or heel to toe without likely falling which of course would not be good for me. Oh, and by the way, with my bad knees, getting out of the car takes some time to get my legs working - all of which cn be interpreted to say the I am under the influence when I am not. So, I am hosed if I get pulled over and the police officer thinks I am drunk.

[@stevepreskitt283]

The problem is an underlying assumption that ALL impairment noted during the tests is due to being intoxicated. They have no baseline to draw comparisons from.

[@nunabiness9740]

AA works. 1.Go to meetings. 2.Don't drink. 3.Associate with sober people. 4.Read the Big Book and 5. pray your ass off whether you believe it or not. 24+ years of continous sobriety.

[@jayhafe]

Jeff, My understanding is that in Texas roadside breathalyzer results are not admissible in court. If I know I’m completely sober (I never drink alcohol) should I volunteer to do the roadside breathalyzer while refusing to do the field sobriety tests (stupid human tricks)? I figure it’ll probably come back 0.00 what with me actually being sober. But if it somehow doesn’t come back 0.00 it’s still not admissible. Is this sound thinking or am I being naive?

[@oraclewizard77]

Took tests 2 times, I always sober. One time they took me to the station, had me blow which I passed, if I ever want to drink in the future I will take an Uber. And in future, I will only take the breath test after watching this video.

[@onemoremisfit]

34 years ago I got stopped for running a yellow (not red) late at night. Disclaimer, I had a couple but I was far from impaired. They did the pen test on me. It was a joke. Flashlight was right in my eyes so I could only see the pen as a silhouette, cop was wandering the pen all over at random, abruptly changing directions with no standardized motions. Took seemingly forever, I could tell the cop couldn't make up his mind if my eyes were doing anything abnormal or not. Then they had me walk the line. I aced it. I mean I counted off perfectly straight heel to toe steps, then made a perfect about face like a guard at the Tomb of the Unknown Soldier and walked right back with perfect steps. So they gave up on the DUI and wrote me a moving violation. BTW the reason they stopped me for running a yellow was there were 2 units on the opposite side of the intersection ~ 500' from me with their lights on. Whatever the situation was, it was over and they were preparing to leave, but at that time they still had their lights on, and yes I did see and notice all this, but I sped up when the light turned yellow and that pissed them off so they pulled me over. So anyway I guess I had the mover coming, and they definitely wanted to see what shape I was in, but they did not aggressively escalate the DUI process. As I said this was a long time ago, I did not know my rights, but cops were a little cooler then than today. I thanked them for being fair with me. I would never take any more FSTs today however.

[@Mark-rm2yu]

I have a condition called "intention tremor", which is similar to "essential tremors". One of the tests my doctor did to diagnose it was holding a pen up and having me follow it with my eyes. Yeah... I'd fail the pen test every time. And just imagine trying to explain an obscure neurological disorder to a cop while getting thrown in the back of a cop car.

[@jimdomoradzki3309]

The officer wants the DWI arrest to make his citation record look good for a promotion. By making a DWI arrest he does not get anymore calls of service for a few hours including dangerous domestic violence or armed subject calls. If it is near the end of the shift he also gets paid overtime for the arrest and court time. The deck is stacked against you.

[@David-yy7lb]

If an officer ask me have I been drinking I'm going to say yes officer I have been drinking......I had a large ice tea with my food about 30 minutes ago anything else officer?

[@robertknight5024]

I have seriously bad times at the Doctors office when they need to draw blood. If a cop got a warrant to draw my blood, can I demand it be done at the hospital by a medical professional?

[@frankvandalen6524]

I couldn't pass the FST stone cold sober! But I am able to stand still, pick up my right ankle with my right hand, and stand still while holding my right ankle up. Let's see the jackal do that. If he can't, he gets cuffed! Lol

[@user-jo5fz8iw3b]

Soooo, if you refuse BAC (blood test) and your State doesn't have warrants to order you to give blood; you will be found guilty of what ?? Some states just suspend your license for 1 year, but what will the charges be on your criminal record ?? DUI/DWI ??

[@mrjon75]

I live in Harris County Texas. A significant portion of residents CAN'T RECITE THE ABC's in English forwards. And even more don't have auto insurance. The predatory nature of these arrests you speak of when considering the overall driving safety situation is quite absurd.

[@masakari]

If your state has an implied consent law, you have no choice. Refusal to take the tests means you go to jail.

[@808ecobeast7]

Mostly it just means for example, if you refuse to take a test, your license will be revoked for 1 year instead of just 3 months if you took a test and failed it ... and possibly in addition, not qualify for a Conditional Permit with an Ignition Interlock so you can still drive.

[@melvinmolly4151]

I think refusing a sobriety test in NY is automatic lose of your license and an automatic dwi conviction..

[@matthewwoods6972]

I can honestly say that I can pass the HGN. As long as they don't put their cars lights right at the edge of my vision. Because I have nerve damage from a head injury. Bright lights hurt my eyes. I also did years of rehabilitation in school to help compensate for vision impairment. I can never pass the other two test regardless of sobriety.

[@danh9676]

I don't know what state you're in, but where I live if you refuse a police blood test, you'll automatically lose your license for 1-3 years regardless if you are drunk, sober, innocent, guilty or anything. If a cop pulls you over and requests a blood test, you have to submit.

[@sanyihegedu]

In Australia we have breathalizer tests if pulled over, which are precise. Best not to drive after drinking!

[@christineribone9351]

When my cat wakes me up in the middle of the night, I crawl out of bed and try to walk to the door. Its very common that I walk into the coffee table, fall over a chair,, and stub my toe on the leg of my couch. 🐱😻😻