Haven’t tasted alcohol since Jul 98. Don‘t smoke anything. With the exception of two surgeries and a kidney stone, no opioids. I couldn’t pass a field sobriety test. If I’m driving stupid, ticket or arrest me.
Field sobriety test is just there as a “step” to testing. So is the Horizontal gaze nystagmus. If you fail those, you can be compelled to take a breathalyzer. You can also refuse to take a breathalyzer. But in most states that means automatic loss of license.
You don’t *have* to walk the line or do the Cyrillic alphabet backwards etc. just say “officer, I will gladly do a roadside breathalyzer test.” FYI the roadside test is not “admissible.” The only “admissible” test is the big chemistry set at the police Dept. But roadside test allows
The officers to make an arrest and then take you to the station to blow into the “big” machine.
They can also get a warrant and require a blood test. But that is often useless because getting a warrant for a blood test can take hours and therefore the results are worthless.
But if you can’t walk a straight line sober… just ask for the roadside breath test. You blow zeros and short of taking you in for a blood test (with warrant) before the test… it’s have a nice night sir!
The downside… if you blow an .006… or an .004…. not an .008… you may still have to go “in” for a more precise test. At .008 you are assumed to be incapacitated. But if you are acting fucked up at .004, you may be considered drunk or incapacitated depending on how your actions are observed and recorded in report (it’s all about the report.). Depending on behavior or actions. Doesn’t pay to be a lightweight! BUT… if you are .004 it is MUCH harder to convict for DUI even if
You are acting drunk. So your lawyer will plead it out easily.
BTW at the academy I was the “designated drunk” along with two other guys during DUI school. Every officer has to do 5 tests before “passing” training. It took me 13 beers in a bit over an hour to blow .008. I peaked out at .010 a bit later as alcohol was still entering my system. I thought I was “too drunk” and ready for testing after 4 beers. The cadre laughed at me… said I had a lot more drinking to do. .008 is never “a couple.” Unless you are talking bottles of wine.
But there ya go. Just the evil police trying to get revenue from happy harmless drunks trying to get home from church.
Sirhr