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Motorists Sobriety Tests in the USA? |
Travel Info What do US motorists think about the roadside sobriety tests ? EG :- Walking along a straight line, heel to toe. Counting backwards. Standing on one leg for a period. Are you legally obliged to carry out the officer's request. ? And what would happen if you firstly asked the officer to demonstrate the test(s) and he /she made a balls of it ? I Travel Tips I think in terms of judging the impairment of an individual and determining probable cause for arrest these tests are pretty good. Although, there have been several tests conducted that do bring into question an officer's ability to judge the results..like all tests, there can be issues. In terms of legality, you don't have to take the FST when the officer asks you, although in most states, refusal means can mean legal charges. Sometimes, an officer will show you how to do the tests, (it wouldn't be legally fair to conduct the tests without the subjects knowing what they were doing). You can ask for a lawyer if/when you are arrested and when you have taken or not taken a EBT (evidentiary breath test) or a chemical test (which analyses blood and/or urine. Source(s): Work in a law office (but I'm not a lawyer...so ask one to be extra sure) =) Other Travel Tips The US has become more of a police state over the years, hence refusing to carry out the officers request would likely land one in jail, albeit for a short time. As for asking the officer to demonstrate, it would depend on the officer. Some may demonstrate, others may not. Ever been tasered? Not fun One of the occasions where the Americans have got it right. The US police test the motorist's actual sobriety rather than the UK method of measuring alcohol level against a standard that does not take into account the effect of alcohol on that individual. i've never had to do one so i can't comment. if you drink and drive- you do the time |
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