Ever Take A Field Sobriety Test?

I don't know what to say other than I feel extremely fortunate to be posting this and not sitting in a jail cell somewhere. On St. Patty's Day I had a few drinks, and at the end of the night decided that it would be okay to drive home. I had a couple of Bud Lights and a Corona over a span of several hours (9 p.m. to 1:45 a.m.). I felt completely fine.

Well, my car is the only one on the street, so instead of pulling into a driveway a block down and turning around, I decide to make an "illegal" u-turn, directly from my position being parallel parked. A cop immediately pulls me over for this infraction (he was hiding around the corner), but it's because he's looking for a DUI.

He calls for backup, asks for information. I, in retrospect stupidly, admitted to having had a few alcoholic drinks to the cop. He asks me to take a series of field sobriety tests (walk the line, follow the pen, count backwards, estimate 30 seconds in your head). He tried to do the "follow the pen" test 3 times, but apparently I kept moving my chin. I was so nervous, I thought my apparent inability to keep my head straight was going to give the impression that I was drunk. While I didn't think I was, I was nervous regardless. It was also cold outside that late at night, and I was shivering in a t-shirt.

Long story short, he essentially called me a liar, claiming that he thinks I had more to drink than I admitted, but that he thinks I'm "barely okay" to drive. Never cites me for that u-turn.

I went home and realized just how lucky I am. I have a feeling that I'm in a very small percentage of people who have (1) had alcohol...and admitted to it, (2) taken the field sobriety test and (3) drove away from it. I figure a lot of people, even if they are relatively sober, still get arrested and taken in for a breathalyzer.

Has anyone else been in a situation like this or had a friend that did. It is still messing my head up a bunch.

 

you're lucky you're white (assuming you are), otherwise this could have ended differently.

 

never been pulled over. hopefully i won't either. i'm making a conscious effort to not drink and drive....when I do drive, its one or two drinks max.

 

Yeah, although most people that get DUI's, from what I've read, are white 20-something men.

Lets say it this way: A black/mexican/indian/"ethnic" person is probably 50 times more likely than me to get pulled over for suspicion of DUI. I'm 50 times more likely to get pulled over than my step dad. He's twice as likely to get pulled over as my mom.

So I don't have it that bad, but I think I definitely do not have any odds on my side.

 

A former girlfriend of mine claimed that one time she was pulled over on a night when (1) she was drinking, (2) she was underage, and (3) there was an open vodka bottle visible in the passenger seat foot-space.

She's pretty charismatic...probably one of the most of anyone I've ever met, but still I have to wonder if she wasn't pushing the truth on this one.

 

Yeah, I'm sure I could have been busted for underage drinking (in college) numerous times, and there have probably been a handful of times that I have driven and been near or above the legal limit. There was only one time where I felt like once I started driving that I probably shouldn't be.

But this event has changed me, at least in the short term but maybe longer. I won't be doing any driving if I'm drinking for the next few weeks until I move and start my new job. Hopefully I'll end up living downtown or within walking (or easy public transit) from the bars and clubs...that would be ideal.

If I'm driving, it'll have to be just water or coke unfortunately. Guess I could always lie if someone asks. How would they have an idea if your Rum and Coke is a virgin?

 

I agree that it wouldn't (and shouldn't matter). Won't have a problem doing that.

But still. After having very possibly been close to getting a DUI, that is something I don't want to go through. Not only is it expensive and a hassle, but is considered a pretty serious offense. Not some slap of the wrist type of thing.

I'm spoiled. I lived in Denmark for a bit, and they have amazing public transportation that got my drunk ass home. Hopefully I'll buy a condo so I can live in the city and get drunk without ever having this be an issue.

Kind of a scared straight moment I suppose. Pretty effective on me...so it seems.

 

I've never understood the field sobriety test.

In Australia every cop car/bike carries a breathalyzer.

If you blow over the limit 0.05 they take you down to the station for a blood test.

Any refusal of these results in an automatic suspension of your license for 2 years.

Why don't cops in the US carry breathalyzers?

Cheapskates?

 

I was going to say that.

If I had been the cop, I would have jump started (tasered) you for the fun of it and say you resisted arrest.

 

That's why they made you a Producer.

 

I have taken two field sobriety tests. One when I had been drinking and one where I had not. The first one was the one where I hadn't drank anything. Some drunk girl had spilled beer on me and the officer could smell it when he pulled me over for speeding. It was actually a fun experience because I knew I was in the clear and I was breezing through the tests. I was even joking around with the officer and he was pretty cool to me once he realized I was completely sober.

The second one was terrifying. I was in a similar situation as you except I had a little bit more alcohol in me. Plus, the guy pulled me over as soon as I pulled out of the bar, so I was under the impression that he was not going to give me the benefit of the doubt. Luckily, I did well enough for him to let me go, and I think going through the first one made me a lot more comfortable taking the tests the second time.

 

Same situation. I was leaving pretty much the only bar in town that had people in it. I knew there were cops around, because they kept circling the block, but hadn't seen one for a few minutes while talking to people. Pretty sure they were waiting for ME. To "come out of the bar" and start my car. The pulled up behind me before I even went half a block.

 

Portable beathalyzers have been deemed unreliable. The system here in Oregon is almost the same. If an officer thinks you are under the influnece (through the tests and observations), they take you down to the station to be tested by a breathlyzer (that has been deemed reliable). If you refuse your licene is suspended for one year.

I don't think it is a matter of budget as much as much as adhereing to a routine that can be used in court.

 

Park a couple blocks away on a side street and walk to the bar. It reduces your chances of getting pulled over after leaving a bar greatly.

 

It was a block away, and on a side street. But I was facing the wrong direction I needed to get home, which is why I made the "illegal" u-turn (which I think is a bunch of crap, but whatever). Cops saw it nonetheless. I try to park on a side street if I'm going to drink. But with a couple of radios, one cops could have seen me walk from the bar towards my car and radio his buddy to wait there. Sucks.

I've read some interesting things on this subject now, and I think I'm better informed. If I get pulled over for a citation or something, and have been sober, then I'll roll the window down and play along with the cops requests. If I've been drinking or think (know) that I could be over the limit, then I will only roll the window down enough to slide my license/registration/insurance information to the cop. I will immediately get on the phone...the cop won't know if it's my parents or an attorney counseling me on what to say.

In my case I was clearly pulled over for a citation (u-turn). By not rolling down the window he can't "smell my breath of alcohol" and have probable cause to order me to take a field sobriety test. He can ask, and under the 5th amendment I can refuse**. He'll either have to arrest me without probable cause, or let me go. And they know that. He has to have cause to arrest me. He can always lie and say I was "driving erratically" or something. But if you're dealing with a crooked cop who is willing to lie, then there is no way to win.

That's what I do next time, if it ever happens again, which I hope that it won't. Done.


** Edit: The only thing I'm not sure about is why/if they can order you to step out of the vehicle for a purpose, as then they could "smell your breath". If you refuse, I've heard they can break your window and drag you out for resisting a peace officer. Everything is slanted so heavily for the cops, it's hard to protect yourself with your rights.

 

I hear what you're saying man, and I'm glad that you made it home without a citation, but don't forget the flip side of this, which is that those who really DO drive drunk SHOULD be taken off the road. And cops should be given the right and authority to ensure that they are.

 

I've been close to getting caught for underage drinking...

A few times right as I have left parties the cops have busted them.