LAWYER: Breathalyzer Test You CAN'T Refuse

It's always a smart idea to NOT answer when police ask you questions, but there is a specific instance for DUI stops when your 5th Amendment rights don't actually matter. I think it's stupid and unconstitutional, and here's why.
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[@MrHeman2025]

6:01 “Welcome to Virginia, where the laws are made up, and the points don’t matter.” As a lifelong Virginia resident, I felt that.

[@nintendonerdsvideos4727]

this should have more than 4 thumbs up

[@nintendonerdsvideos4727]

@YTCensors I think it's true for all 50 states, DC, and other us territories

[@JoeandAngie]

Don't tint them windas either, boy.

[@DarthVader-1701]

​@@JoeandAngie Virginia allows limited tinting, as long as you're at the limit but not over it you'll be fine, although I see a lot of people with obviously too dark tinting and none of them were observed being stopped. I'm guessing as long as you're close enough to the legal limit that you're probably not gonna stopped.

[@brianleeper5737]

But 8 Presidents were born in Virginia. Isn't that something to be proud of? (That's always on those lists about what makes Virginia a great state, as if it much matters when you're bouncing over Pothole Rd or your power is out for 4 days (because Dominion Power is a joke))

[@FirstLast-cb2jr]

Great advice for life in general: you never have to explain what you don’t say.

[@wholeNwon]

IMHO as a non-attorney I would add that one should not simply be silent. One should instead say something to the effect of, "Officer, I choose to assert my 5th Amend. right to remain silent." And then DO IT!! I would not say, "My lawyer advised me to remain silent in situations like this."

[@vincentmarcellino7183]

My dad actually got out of one by having to go to a station about 20 minutes away. They told him he had to sit and not touch his mouth for about 10 minutes. He would bite his nails after about 5, restarting the clock. By the time they got him to test, it was a .06

[@couchrou]

My cop Dad always told me to refuse, that even though my license would be suspended for 6 months in that state, it was better than a DUI conviction. If I remember correctly he told me they would eventually get a court order for a blood draw, but, by then hopefully BAC would within legal limits. On another note, as a pilot refusal to submit will result in suspension or revocation of a pilot certification and denial of application for a period of up to 1 year.

[@davidely7032]

As Andrew said, police don't *GIVE* you the right to remain silent. Police only *REMIND* you that you *STILL* have the right to remain silent ... arrest or no arrest. The Fifth Amendment *gives* you your right to remain silent, not the whim of a cop. And the Fifth Amendment applies to all and , supposedly, is always in effect.

[@sethwooten5678]

I was pulled over in AZ, passed a breathalyzer, and field sobriety test only to be taken to the station for a blood test. This was 2006 and I smoked weed the day before. I refused the blood test, so they got a warrant at 1:40am. The cop told me hes never been wrong before after repeatedly passing the breathalyzer, and feild sobriety test. The test results wouldn't be available until after my court date. I pleaded guilty to a dui bc I was told if I took it to court and the test came back positive w anything they'd throw the book at me. I wish I had gotten a lawyer other than the public defender

[@sd906238]

The public defenders don't work for you, they work for the courts and don't a rats@ss about you. I was talking with a girl who was about to finish law school. I told her that the state, county and cities will hire the very good students to be prosecutors and the lackeys for the public defenders. She tried to tell me they hire the best law students to be public defenders. The only thing public defenders do is to tell you to take their plea dead. Just shows you that the system is rigged to extort money from the public.

[@nicholasbarrett50]

Public defenders work for The Government. Not For The People

[@sethwooten5678]

@Floyd R. Turbo I know the public defenders are cozy w prosecutors, and DA's, and prosecutors are chummy w the cops

[@KCDW83]

You would have been better off on your own if that fool convinced you to plead guilty.

[@Dad-979]

You big dummy

[@dentalnovember]

Silence is not only an effective strategy with police interaction, it also works very well with your angry wife.

[@RobertWilson-no7iu]

But still be ready to bob and weave

[@Andrewflusche]

Hahahaha!

[@BillySBC]

"I'm sitting on a chair just behind my ear Playing dominoes and drinking some ice cold beer When you get done talking I'll come back downstairs And assume the body of the person you presume who cares" (John Prine)

[@sjh60633]

I know she remains silent with me when she's angry!!

[@andrewewels3054]

I always plead Habeas Corpus with my angry wife .

[@The78vikings]

Always the best info on KZbin. Love these nuggets of wisdom, humor, and common sense. Keep 'em coming!!

[@Andrewflusche]

Thank you!

[@davidclough3951]

Never heard before that they have breath tests at the police stations in my state, as a blood test is required for conviction. A friend of mine was once arrested, he called his lawyer and was told to not say anything. At court it was reported that he was uncooperative due to not talking.

[@davidclough3951]

In other words, what he didn't say was used against him in court

[@brettstarks1846]

My understanding was always that there’s no *criminal* penalty for refusing a breath test - handheld or official - but the DMV administratively revokes your license for a year under implied consent. Plus your refusal can be held against you in court, and the license revocation remains in effect even if you beat the DUI charge.

[@Andrewflusche]

It definitely depends upon your state. In Virginia, first offense refusal at the police station is a civil offense only. But if you've been previously convicted of a DUI or refusal, a subsequent refusal is criminal with the risk of jail

[@BillySBC]

Losing your license for a year might be preferable to the consequences of a DWI conviction though.

[@enderfal]

@@BillySBC Indeed, most DWI convictions are going to suspend you anyways. And now you get the fun of fines and/or jail time, and increased insurance rates.

[@rjay7019]

Texas has implied consent 🧐

[@legitpancake4276]

I’m still trying to understand this. I’m in Texas, and a lot of attorney websites say that implied consent doesn’t apply to the handheld breathalyzer, but others say it does. If I refuse the handheld breath test pre-arrest but consent to the evidentiary breath test (or blood) post-arrest and test negative, will they still revoke my license for a year?

[@LilT2o00]

At least in Florida, I refused the road side breath test and while I ended up beating my case, the refusal alone got my license suspended for a year... and I wasn't even driving. I was on a pedal bicycle

[@Iohannis42]

Would you share your county?

[@LilT2o00]

@@Iohannis42 Pinellas

[@jaystrickland4151]

The thing is a DUI is will be worse than a license suspension. Its funny my non lawyer friends are always surprised I tell them always to decline the breathalyzer and field sobriety test.

[@Iohannis42]

@@jaystrickland4151 Absolutely

[@1dgram]

But Florida wasn't one of the 8 states colored blue. You should have been able to refuse that one and later blow a 0.0 at the one at the station, hospital, or jail to show that you hadn't been drinking

[@williampetersen9915]

The sad thing is that where everyone has the right to remain silent; not everyone has the ability.

[@tbrown5499]

Haha I know that's right!! Shit happens.

[@paulstaf]

....Ron White

[@johnf2539]

All of the content was well presented and easy to understand. One question, though: if law enforcement is legally allowed to lie to the citizens, how do we really know what's "mandatory" or not?

[@M33f3r]

Might makes right is the only real law. Everything else is nice fiction.

[@danw.7935]

You have to educate yourself

[@PershingDriver]

I had the right to remain silent; but not the ability. -Ron White

[@DoesNotEqual]

Also remember that you have to verbally invoke the Fifth in order for it to be effective; simply not speaking isn't enough to count (Salinas v. Texas).

[@havenbastion]

Legal fictions are always incompatible with justice.

[@AECRADIO1]

UCC 1-308, RESERVATION OF ALL RIGHTS WITHOUT PREJUDICE..

[@ray3576]

I'll take the refusal charge if I know I'm dirty. I'm not giving them evidence against me. I wish they would say I have to let them take something from my body against my will.

[@user-ih5jr8rt5q]

stop driving drunk

[@ray3576]

No ​@@user-ih5jr8rt5q

[@ChadwyckDIY]

Thank you for committing so much time to provide excellent videos. I, for one, do not have in depth knowledge of police investigation tactics and left to my own devices would do everything wrong. You are the best!

[@doug4699]

Excellent video and I always questioned how the 5th amendment and silence was considered.

[@davidely7032]

These videos are gloriously goofy in a great and galvanizing way. Good on you, Andrew! Please, sir. May I have some more?

[@Andrewflusche]

Subscribe and see! 🤣

[@davidely7032]

@@Andrewflusche Longtime subscriber and frequent commenter. All must align with the algorithm. 😉

[@phiddlephart7026]

You were in the military too?

[@robertpesche]

Regarding the seven states that require you to take a PBT, I checked NY and RI. In RI, it's an $85 fine. In NY, it's a $300 fine AND a 1-year license suspension, which applies even if your DUI case is dismissed or you're acquitted. I'd hazard most people shouldn't refuse in NY.

[@rhysarthur7305]

Always enjoy your content. Thanks for all you do!

[@jt4369]

I’m a California DUI attorney and this-THIS-is a hilarious video. Great content. Good comedy. Competent counsel. What more could one want?

[@georgegates526]

Probably not too hilarious for the person being stopped.

[@srobeck77]

In communist California all the police and government officials find the constitution "funny". Just last week a NY judge declared that the 2nd amendment isnt valid in her state. And this is why we need Trump back in office to reel in you rogue states operating outside of the law.

[@parkerottoackley6325]

🤡 How can any governmental agency penalties a citizen of NOT giving up a constitutional right. ???

[@parkerottoackley6325]

@YTCensors ha

[@newelllondon724]

Because constitutional rights have been pushed aside by civil rights

[@AECRADIO1]

Police are unconstitutional employees, not elected...screw police!

[@killafornia7654]

I never hear what’s the consequences for refusing in the states that allow it? I’m assuming they aren’t just going to allow you to go free so is it’s going to make your situation worse or better?

[@LuckyCharms777]

In a lot of places your license is suspended for perhaps 6 months to a year. Better a suspended license than giving them irrefutable evidence in the eyes of the jury, which your lawyer will have to try and make the jury think is inaccurate. Best thing to do is stop drinking and driving. In this day and age of comparatively cheap ride share, there’s no excuse.

[@Andrewflusche]

If the roadside PBT isn't required and you refuse, the officer makes an arrest decision based on the other info he has. Hopefully you declined the physical tests too, so he's left with even less info

[@eugenetswong]

Andrew, would you make a video, or series of them, describing examples of what you would discuss with clients, if they didn't talk to cops, and then got arrested, and then were given to you as clients? How would that first conversation go? Thanks for all of your advice!

[@brucesmith9144]

With more states passing recreational marijuana laws, the DUI industry is going to shift into high gear. In cases where a law enforcement officer suspects a driver of impairment from marijuana or other intoxicants other than alcohol, the PBT really isn’t applicable. What are officers doing in these circumstances and how does Mr Good Citizen safeguard themselves if they encounter such a situation? May be worth a video on this and the DRE.

[@1dgram]

Hire a driver to avoid getting wrongfully accused? Hope you're rich

[@MAZEMIND]

You don't have to listen to law enforcement, if you start blasting 1st.

[@r000tbeer]

A Constitutional issue I see around DWI charges is court mandates prior to conviction, such as driving restrictions, car ignition interlock devices, counseling, fees, and whatever else the judge wants to dream up. How does this pass Constitutional muster when restrictions can be placed upon you without a conviction?

[@killerratchet1973]

People are brainwashed into believing driving is a "privilege" and any punishment constitutional or not is seen as being legit because of that stipulation. Seeme silly to me considering that the US has a near non existent public transportation system compared to say Europe, you pretty much have to drive for work or grocery store trips in most parts here. It's why I don't fault people who drive suspended at times to be honest.

[@dansanger5340]

Pre-trial restrictions are not unique to DUI: Surrender passport, don't travel out of state, don't have contact with victim or witnesses, post bond to stay out of jail, remain in jail if you can't post bond.

[@SammytheStampede]

I was once pulled over during Halloween week in a 5 college town. I was in a ninja suit and had been at a party with my car doors unlocked (big mistake!) while inside. Everyone heads back to my friends place to pass out, en route I pull a U turn on an empty road with a no U-turn sign. I got pulled over and submitted to a field sobriety test, I did fine until they had me walk in a straight line type-rope style. With a sprained ankle I hobbled 2 steps and gave up, the cops took my car and let me go. Unbeknownst to me some schmuck threw a 12 pack of drunk Heineken in my back seat. To this day I’m grateful, it was the only time the cops ever budged an inch. :) FYI I don’t drink Heineken.

[@sjh60633]

Glad to see Officer Andy back again!

[@robertsparling]

If you are drunk, sometimes it has worked out that refusing the chemical tests and getting your license suspended for a year is preferable to a DUI conviction.

[@GoonyMclinux]

I would rather lose my license, I barely drive as it is. 😂

[@WhoDoUthinkUr]

I got out of a DUI in WA state in 2011 where I rolled my work van . I just kept repeating I’m not refusing your tests but I’d like to speak to my attorney first, over and over and over. I got suspended for a year the Licensing department did that aside from the court but I beat the DUI, they just dropped the case.

[@ronaldrose7593]

Greetings from Northern California, please keep up your great work. Stay safe out there. 🤗 👋

[@123Legolordman]

New to the channel, as a young man I've never gotten in any serious trouble, but I appreciate your advice man

[@mohammadsattar5488]

There are not many men I would listen too who wear a bow tie...proudly but this guy IS one of them.

[@kevinguthmiller8510]

Why don't you just mention the 7 states that currently make it illegal to refuse a roadside breathalyzer?

[@Up2_nogood]

He literally showed you a map of those states. What more do you want?

[@kevinguthmiller8510]

@@Up2_nogood I was listening only for part of it. I didn't see that part of the video.

[@Up2_nogood]

@@kevinguthmiller8510 He shows the map 3 times and at least once within the first 1:10. Maybe try paying attention.

[@jimo2983]

@@Up2_nogood I count EIGHT states on the map shown. ????

[@Up2_nogood]

@Jim O Again, if you watch the video he puts a text edit in to correct his mistake.

[@PyrettaBlaze]

Wow! That is some incredible…”wiggle room” Virginia lawmakers gave LEO with breathalyzers not being part of the 5A! 🙀 Thanks for explaining which breath tests can and cannot be refused (and for telling us which states don’t allow refusal). We may not think of it immediately, but when traveling I bet your viewers recall many things you have told us about states we don’t live in yet could be impacted by their laws just by traveling through that state. It’s always good to be aware of your rights before you travel, so you adding this for those that live in the 8 states or for those that might visit. The edit with the colored map was excellent! Thank you for that graphic and knowledge. 😸

[@duncanfeyd4056]

You're a true hero!

[@enemyofthestate9358]

Nothing is more important than the constitution!!!!

[@scottmacd37]

In Canada you can not refuse , ever. You can not , when driving , refuse to provide requested papers. I do not drink and was stopped and breath was demanded. I responded “I don’t answer questions. “ I was threatened with a refusal charge because I did not respond in the affirmative.

[@havenbastion]

The word you're looking for is tyranny. They are not better people than you with any authority whatsoever to demand anything of you.

[@TheAIKnowledgeHub]

Serious question. As someone who doesn't drink, doesn't do drugs, or even smoke. Do I have anything to worry about? Like should I just do the breath test to move on with my day? NOTE: I know I need to refuse the walk test and things like that.

[@deebee4575]

Yes. Always worry. Cops CAN arrest you solely on “suspicion” of DUI.

[@rudder727]

There are plenty of videos on youtube where totally sober drivers were charged with DUIs. So I would take this guys advice.

[@JimJWalker]

Actually blood sugar levels can trigger those tests, the machines could be malfunctioning, or the cop may be corrupt. So it is probably best to exercise your rights when you can.

[@suedenim9208]

The tests are strictly for collecting evidence against you. The best case scenario is that you don't provide them with extra evidence.

[@wilsoncruz1952]

Yes, you should worry. Cops lie, make up evidence, don’t have a problem beating you up or shooting you.

[@aski551]

In Finland cops do breathalyzer in practically every stop. And its fine, its like 2 seconds. I still don't understand the US and their weird elementary school follow-the-leader games about walking straight etc. It's faster to just blow. In here, you can decline it, but if they really suspect you, they will immidiately take you to blood tests, which you have to pay IF you do have alcohol in your blood.

[@liamgio795]

I would say to the copper that “I revoke deemed implied consent” and then, I tell the copper that “ I will be glad to take the test for compensation” where do I send you the bill? I don’t work for free, as there is no slavery in America. In bouvier’s law dictionary license is listed under contracts, weird huh? LICENSE, contracts. A right (privilege) given by some competent authority to do an act, which without such authority would be illegal.

[@robertheinrich2994]

in several cases looked at by audit the audit, I have seen, that it is not enough to just be silent, you need to say that you refuse to answer and invoke your right to be silent (nonsensically doing that verbally, which is not silent)

[@HomicidalTh0r]

It is at this point, it's up to the Jury to read between the lines.

[@victotyorvalhalla]

Excellent advice as always Anthony! Thank you for sharing!

[@robbiegarnz7732]

Convicting someone for not incriminating themselves is insane!

[@phatwcinfrcr]

One other issue. If you are a pilot, or have a FAA flight physical, you CAN NOT refuse the roadside test. If you do, say goodbye to flying.

[@mrwonk]

It would be good to have a discussion of the risks associated with roadside sobriety tests where the determination of drunk or sober is completely up to the officer's "training and experience". My grandfather (a retired high ranking police officer) told me when I was younger; to always refuse to do those tests, and if I hadn't been drinking, to insist on the breathalyzer. Love to hear your thoughts. (Also, I don't drink; so never going to be an issue with me actually being under the influence).

[@Mrgunsngear]

Thanks

[@laforce36]

Many people do not realize how a DUI conviction can affect their jobs. If you have a job that requires a license, you can be in a world of hurt. Pilots, Nurses, Doctors, Lawyers, Real Estate Agents, Insurance Agents etc. They all have governing boards. These boards all have by-laws on how discipline license holders. If you don't have a professional license and are seeking one, a DUI conviction will keep you from those occupations for several years. This also includes people who drive for a rideshare, a limo company or taxi company. I know here in California, for those driving jobs, a .04 or higher is considered drunk driving. Personally, I don't think we punish drunk drivers enough. I would like to see 5 and 10 driving bans for 1st time offenders. Several states already have this for people convicted under 21 for a DUI. It should be standard all around.

[@droopy676]

Decades ago I lived in VA. Back then you had choice breath or blood tests. I was always told wait until you’re at station being processed then say blood. This then required going to hospital to get draw which meant more time delay and likely lower result. Also it wasn’t illegal to refuse but was an automatic suspension of driver’s license.

[@fauxque5057]

Used to be if you knew you were drunk, and you knew that you were going to fail, then you just refused the test down town. The refusal only carries a mandatory 1 year suspension. You would most likely get that anyways, or even longer, if you were convicted of DUI. If you get convicted of DUI, then you have all kinds of other problems. Fines, potential jail time, SR-22 insurance, ignition interlocks at your expense, treatment programs at your expense, probation at your expense, etc. So you take the 1 year suspension for refusal and they couldn't get a DUI conviction. But they got smart to that in some areas and they would have a Judge sign a Court Order forcing a blood test that you can't refuse. Well you can refuse it but they're going to hold you down and take it anyways. In that case your only hope is time. If enough time passes you can sober up and pass the test

[@havenbastion]

Literally everything a government employee requires of another person under colour of authority is coercive.

[@1SCme]

*That's a cool idea if you are guilty (have been drinking).* 1. Plead the 5th and request a lawyer for questioning. 2. Without vocalization, refuse the roadside test. 3. At the police station, go through the motions but don't blow enough for the machine to work, continuing to remain silent. 4. Claim later you tried but couldn't complete the requested actions (misunderstood the directions, sick and couldn't breath easily, etc.). Doubtful it will work, but better than giving up any chance on a refusal charge, or giving immediate confirmation you're intoxicated (there's always a chance they could screw up the blood test, or the additional time would at least drop your blood content).

[@michaellarocca4879]

I cant think of any judge that would accept that argument. Ever been on probation? These people think that every human can just produce a cup of piss on demand, and if you dont, its a refusal. I told my officer i was dehydrated, despite drinking over a gallon of water that day bc i was working inside a metal box being baked by the Florida sun all day. Finally gave her barely enough for a test. She noted how brown it was and said "either you really are massively dehydrated, or your kidneys have completely failed." These arent rational people. Theyre burecrats armed with the most dangerous tools. A gun and righteous indignation.

[@1SCme]

@@michaellarocca4879 Nobody said it would likely work, but taking your shot at it is better than the option.

[@michaellarocca4879]

@@1SCme im originally from one of the 7 states highlighted in blue. So, no, it isnt. And if you go to trial, the prosecutor WILL bring it up. Basically if you try pleading the fifth by not blowing, the DA will go "well if you werent drunk why didnt you blow?". Your lawyer is gonna go "objection! Thats a clear violation of the fifth amendment!". The judge is going to go "sustained. Jury is to disregard that question". But the jury already heard it. This was explained to me by a lawyer. And the lawyers that deal with these charges? Theyre no better. Bc they tell you "never blow, it makes it easier to fight at trial". Until you pay them. Then they tell you the truth. Funny how the government makes racketeering illegal, only bc they hate competition...

[@1SCme]

@@michaellarocca4879 *You're lost* - you aren't pleading the 5th and invoking your Miranda rights to the test, only to questions. *You're repeatedly demonstrating an inability to consider the results of 2 courses of actions* - by blowing you are providing proof of your guilt, instead make them prove you were capable at the time but wouldn't properly take the test. *It is fair to ask if you have the capacity to enter a discussion,* you're struggling with fundamentals.

[@michaellarocca4879]

@@1SCme im not lost. Im twlling you they dont give a shit about proof. They look at as "if you were innocent youd have no reason not to blow". Theyve made it so if you cant prove youre innocent, youre guilty by default. And the reason they dont give a shit about your constitutional rights is simple. Money. Get a dwi in NY? Youre looking at 5 grand in fines. They have an entire court room in nassau county dedicated to dwi. In 2006 i watched them make a quarter million before lunch. And thats before they auction off all the vehicles they confiscate.

[@malachi405]

6:05 (Neville) IIRC, actually remaining silent has been interpreted by SCOTUS as non-cooperation. You have to explain why you're remaining silent. 'I don't want to answer any questions. I want to speak to a lawyer.'

[@kevinmartin9080]

Driving is the key word. Driving is a commercial term. If your not being paid to travel you are not driving. Thus implied consent is bravo sierra!

[@1dgram]

Could you point to where in the law for the 50 states and territories it defines driving in this way?

[@projectdesign4675]

I have the right to remain silent, I do not have the ability to remain silent!

[@VidClips858]

I also can't see how asking about one's future actions is being a witness in 5A terms, when a witness is someone who has information about an act that has already occurred.

[@ScottWilliams323]

great advice as usual. I have learned a lot from this channel.

[@jacobkubacki2719]

I recently had gotten pulled over for not stopping at a yellow light. Although I feel that I can articulate that I couldn’t stop safely in time, I didn’t speed or accelerate through the intersection & the yellow didn’t change to red until I was 3/4th’s through. I attempted to explain that to the young officer but he decided he wanted to argue with me. At that point, I invoked the 5th amendment & stated,”Of you feel that strongly then Id rather argue in court than the side of the road & I handed him the paper work he needed He giggled nervously & turned to go back to his cruiser when he did a 180 and decided to ask me if I had any weapons in the vehicle. I acknowledged that I had already invoked my right to remain silent but to avoid further harassment I will tell you, no, I’m a felon(which he knew when he ran my plates) so no, I have no weapons just my daughter in the vehicle. He giggles again & goes to write me the ticket & I was released to go on my way. My question is, is his question about weapons in the vehicle, enough grounds to have my case dismissed for violating my 5th amendment rights or not? I feel I gave a solid defense but if I can get a motion for dismissal even better. This is in Wisconsin.

[@voxfan7403]

Don't talk to police … after you explicitly invoke your 5th Amendment privilege to remain silent. SCOTUS, in Salinas v TX, has ruled your silence may be used against you until and unless you explicitly invoke your privilege.

[@anon-yw4wd]

Don't ever tell me I can't refuse a thing.

[@theofficialczex1708]

Loved the Whose Line reference!

[@Kinson007]

Hey Andrew, on your map, you forgot to highlight the state of Oregon. Although you can refuse the roadside breath test, you do get penalized ($650 fine, loss of your license pending a review, etc.).

[@philliberatore4265]

That sounds like a classic case of the right to remain silent, but not the ability.

[@TinyHouseHomestead]

You can "do not consent" to ANY tests at ANY time, AND you CANNOT be forced to make actions in a manner that incriminate yourself, but you cannot "resist"! 😱😝😁🤪🤣👍👍🇺🇲 Ooooooo, you can NEVER be forced or NEVER have, are, or will give your "Implied consent" That is BOTH UNDeclaratorial AND UNConstitutional! 😱😝😁🤪🤣👍👍🇺🇲

[@riblets1968]

I liked the nod to Whose Line.

[@awalton9024]

In many states the penalty for refusing is a slap on the wrist perhaps at worst six months license suspension. But the penalty for a DUI conviction includes fines, prison, scarlet letter plates (special licence plates that show you are a DUI convict). Ignition incumbermints and more! My question is: In those states is there any reason to do a test at all if you know you're not going to pass? And does the answer change if you can't afford a lawyer?

[@charlesbutterfield3464]

I can remember a scandal in Santa Clara County, California where many people were falsly accused of DUI because the handheld breathalyzers were defective and showed positive results even though the subject had not been drinking. Those breathalyzers were distributed to Police Departments in all 50 states.

[@Look_What_You_Did]

Liar...

[@sgtusmc1sgtusmc266]

Seems like your leaving out some very important facts about implied consent. Public roads are paid for via public taxes and state laws require a driver’s license to operate on those roads. This is why it’s a privilege to drive on roads not a right. So if you voluntarily choose to get a driver’s license you voluntarily sign for your license and agree to the terms set by the state. One of the terms is that if you choose to get a license in your state you are agreeing to take a breath test as set forth by that states laws. So it’s hardly unconstitutional to hold someone accountable for refusing a test that they agreed to take when they signed for their license. Your accentually entering into a contract and if you violate that contract there are consequences.

[@CrashCraftLabs]

also for the 5th you HAVE to invoke the right it doesnt just kick in and refusal to answer questions without invoking the right is considered falsifying a police report and failure to co-op... which are extra charges...

[@User-cc6cq]

How about a situation involving a non-resident suspect in the 8 mandatory roadside test states?

[@johnnyringo4463]

As far as i know, you have to follow the laws of the state youre presently in even if youre a resident of another. North Carolina is legal for radar detectors, but crossing borders with it on is against the law. Ask me how i know. 🤣🤣. Virginia LEO have radar detector detectors.

[@gwine9087]

@@johnnyringo4463 This is the problem. 50 states, 50 sets of rules.

[@johnnyringo4463]

@GWINE yeah I agree, it is really inconvenient going from state to state, but I believe states are better able to govern themselves than the fed govt doing everything. 😅

[@gwine9087]

@@johnnyringo4463 Funny, just about every other country does it, at the federal level, and they are all doing fine.

[@BillySBC]

Not sure what the penalty is for refusal of the test at the police department is, but under certain circumstances the penalty for that might be preferable to the consequences of DUI.

[@lennyg7771]

In Australia, you must perform a road side breath when asked. It is usually very quick and we don't do sobriety tests.

[@BillySBC]

What happens if you refuse the breath test?

[@lennyg7771]

@@BillySBC you will be arrested and a sample will be taken by force. Then you will be charged with refusing a breath test as it is an offence.

[@ThePrairieChronicles]

I've seen (and heard about) cops in canada looking at their target person while dropping the single use plastic breathalyzer straw on the ground and even stepping on it, then putting it back on the device, refusing to get a new, clean straw. But... results will be impacted if someone has had anything recent to eat, drink, or chew on / suck on... 🤔

[@egs5082]

Under N.J.S.A. 39:4-50.4(a), a driver is required to submit to an alcohol breath test when asked by police in New Jersey. Refusing a breath test will not avoid the consequences of driving drunk. Instead, it will bring on additional penalties, including a longer license suspension and more fines.

[@davidtaylor8002]

In Utah, you can refuse the breathalyzer test. However if convicted of DUI, 30 days in jail and suspensionof license, turns into 90 days in jail and revocation of driving privileges.

[@happyliving1922]

The funniest thing is that you'll forget all this lawyer advice when drunk.

[@adamthrift2525]

In Idaho based on what i have looked up you do have the right to refuse the hand held but your license can be suspended for one year then they can call and get permission to take blood by force

[@patrickmcdonald8513]

"I plead the fiph! I plead the fiph!"-Dave Chapelle.

[@richardjohnson4052]

In Arizona, if the police 'feels' that you turned down a street to avoid a DUI checkpoint, you are automatically GUILTY of DUI even if that street you turned down was your home. If you refuse ANY DUI test from walking the line to breath to blood, you are automatically GUILTY of DUI. The courts in Arizona ALWAYS side with the police. I am unaware of only one case where the judge ruled the police had exceeded their authority. That was 40 years ago when the TPD spent a year trying to convince the owner of an Adult Theater to sell them his business but they insisted that he take x-% of the money on pot. The TPD then had the FBI help and they convicted him for tax evasion by saying "you can make more money than your report". They sent him to federal prison for saying it was Possible to commit tax evasion but could not prove that he actually did it. I actually went to the courthouse file room and read his file. I hate cops and I hate judges! Things like this make me have ZERO respect for the Law, the Police of the Courts.

[@ericharrison6418]

I refuse on the grounds my breath might incriminate me.

[@hafsalinda]

Belch every 13.5 minutes. Belching brings stomach contents into the esophagus. They have to give 15 minutes to clear alcohol before giving the test.

[@Andrewflusche]

In most areas, they'll yell at you to stop burping, give you a couple attempts, and then charge you with "constructive" refusal.

[@wilsoncruz1952]

I wonder how cops feel when lawyers and even other cops tell their clients and associates “don’t talk to the police”?

[@pontificusvascillious5287]

they feel bad ...

[@CrashCraftLabs]

yea here in fl you can refuse them all, however it takes steps to get done, on the side of the road always refuse outright you will catch a different charge. it goes from a DUI to a reckless driving charge, the penalty is very much the same but you get to skip the DUI counter attack class. now the one at the station cant be refused outright, but if they insist then you can insist that a medical prof take the test at the ER and they HAVE to take you to the ER at which point you can then have the results sealed till a judge issues a warrant to get the medical results, which can later be motioned to be left out of the court case. this is directly from officers working for the tampa police department...

[@AECRADIO1]

FORCED SERVITUDE, IS SLAVERY. FORCED BREATH TESTS WILL BE DENIED, AND FEDERAL CHARGES PROSECUTED UNDER ANTI-SLAVERY LAWS FOR CRIMINAL FORCED SERVITUDE BY ARMED EMPLOYEE DENIED RIGHTS BY THE CONSTITUTION.

[@mikejamison4520]

I was told by a lawyer I used once that Miranda rights don't have to be read that's a tv thing.

[@dr.borisbalinkoff5756]

I worked with a guy and when he got pulled over and was asked to perform the roadside sobriety test he laughed at the State Trooper. The Trooper asked him what was so funny. The answer, "Dude, I am waaaaaaay too fuckin' wasted to pass that shyte." He went to jail. After getting released he went back to the bar, drank more, and drove off compiling two drunk driving arrests in less than twenty-four hours.

[@herbrice8933]

I refused a field breathalyzer and refused to talk to the police for a DUI stop. Went to court and fought it and won. They had zero evidence against me.

[@sid2112]

I can refuse anything. Legally? Probably not. But I still can choose my own path.

[@coolraul07]

@Andrew - confirmation - so in the OTHER 42 states, there's NEITHER criminal NOR administrative (e.g. DL suspension) penalties for refusing both FST and RBT?

[@Andrewflusche]

Correct. That's the law in Virginia for sure. Double check other states to be sure, since this is youtube, not legal advice. 🤣

[@buensomeritano1755]

Supreme Court has specifically held that there can only be one. Any action against anyone refusing any test, and who is Dan retaliated against by officials under color of law, has caused from standing to go after them and the legislators for violations of 18 USC section 241 and 242 and 1513. If it can be shown that a contract was attempted to have been coerced, 1961 applies as well.

[@AECRADIO1]

42 USC § 3617

[@buensomeritano1755]

@@AECRADIO1 we already have 18 USC 1512. Why is that in the civil code?? "unlawful implies crime.

[@siliconinsect]

Tandy 1000SL! Had one a teacher gave me. Graphics and sound were awesome for the era. Great advice and videa as usual.

[@havenbastion]

My first was a 1000RL with Deskmate as the OS.

[@rcames05]

I didn’t want to bog down your work email with this, but could you consider doing a video on whether or not a commercial driver must assist the officer in scaling or inspection of the cmv. There seems to be confusion and to me it seems like a 5th amendment violation to make me operate the vehicle to perform and inspection that will go against me. Just some food for thought, your doing great work.

[@marc-andreservant201]

In Canada, refusing a breath test is itself a crime, with the same punishment as blowing over the limit. Our courts apparently think this is okay.

[@JimDebones]

I have asthma and COPD issues. If they forced to to take one they would have to call an emergency medical response immediately. I would end up with respiratory arrest as a result of the test.

[@jibonnor9982]

Starting taking 5th amendment cases to the supreme Court like we do with the first amendment like we do with the 2nd amendment like we do with civil rights

[@northstarmind1049]

*It's terrible in a supposed "democracy" the lawmakers/courts keep coming up with ways that words don't mean what words mean so the cops can legally violate your rights* .

[@jlambe19]

Michigan the PBT refusal is a 100$ fine...that's it.