Why do lawyers always say to refuse a field sobriety tests? What if you dont drink?

[RooflessVW]

The whole argument that these sovereign citizens or whomever decides not to ID themselves is just asking for trouble IMHO. You now have weirdos walking around with cameras in public spaces recording people having dinner on a restaurant patio and getting into altercations with cops on why they shouldn't be ID'd.

I think these types are nuts, if you're in a situation that you need to be ID'd, then why not? It gets really petty fast and lots of reasons you can end up in more trouble than necessary.

Yeah just show the Gestapo your papers if you don't have anything to hide, right?

It's totally normal to be required to ID yourself when you're committing no crime

 

[KrisZ]

The whole argument that these sovereign citizens or whomever decides not to ID themselves is just asking for trouble IMHO. You now have weirdos walking around with cameras in public spaces recording people having dinner on a restaurant patio and getting into altercations with cops on why they shouldn't be ID'd.

I think these types are nuts, if you're in a situation that you need to be ID'd, then why not? It gets really petty fast and lots of reasons you can end up in more trouble than necessary.

You misunderstand the rights you have.
I lived under full out communism, you don't even know what sort of oppression the "show me your papers" phrase represents.

 

[goblin]

I lived under full out communism...

So have I. And I have to say that the phrase in itself represents little without context. Every sentence was scary then and there. "...Who was your grandpa..." was just as scary if you had the right grandpa summarily executed by the right people.

It's like "...Heeeere's Johnny..." in Johny Carson and in The Shining. Different vibes.

 

[KrisZ]

So have I. And I have to say that the phrase in itself represents little without context. Every sentence was scary then and there.

It's like "...Heeeere's Johnny..." in Johny Carson and in The Shining. Different vibes.

Not sure how you're missing the context here. It's in the thread.
It means you are nothing but dirt to be scraped off of the enforcement's boots. It means you're presumed guilty until proven innocent.

And yes, there were/are many people that had no problem with communism. The world is full of little tyrants trying to impose their will onto others. And they see no issues when it happens to others.

 

[Owen Lucas]

You misunderstand the rights you have.
I lived under full out communism, you don't even know what sort of oppression the "show me your papers" phrase represents.

I think the "Show Me Your Papers" meme is more about people being randomly stopped for no reason just to be ID'd. I'm sure the Soviet Bloc abused this to no end.

Sure there are bad apples and on a slow day you might have to ID yourself. But I'd wager the MAJORITY of the time, it's not worth getting into it when you are pulled over or questioned.

Walking down the sidewalk not causing any harm? Eh, if you wanna fight that fight go for it, but I think it makes it worse.

I was in NYC back in the day with stop and frisk, got frisked, that's a little extreme but look at what happened when they got rid of that.

If the police show up to my door asking for ID or to do a breathalyzer, (happened in Australia), then no way, I'll decline.

It's totally normal to be required to ID yourself when you're committing no crime

Sure, technically, but you are just adding fuel to the fire, and when outgunned with a guy with cuffs and all kinds of power and people backing him up, that's the wrong battle to choose IMHO.

If the cop is doing this for whatever reason, they know they are wrong, on a power trip, or just looking for someone. Giving an ID might just satisfy that ego or rule you out as the guy the police are searching for. Even when stopped and frisked in NY, I was not ID'd. I have never been ID'd randomly. These are outlier scenarios that should be carefully navigated because you can avoid or attract a lot of trouble.

 

[KrisZ]

I think the "Show Me Your Papers" meme is more about people being randomly stopped for no reason just to be ID'd. I'm sure the Soviet Bloc abused this to no end.

Sure there are bad apples and on a slow day you might have to ID yourself. But I'd wager the MAJORITY of the time, it's not worth getting into it when you are pulled over or questioned.

Walking down the sidewalk not causing any harm? Eh, if you wanna fight that fight go for it, but I think it makes it worse.
I was in NYC back in the day with stop and frisk, got frisked, that's a little extreme but look at what happened when they got rid of that

If you don’t see the above highlighted things as the same, just disguised differently, then you’re not going to get it.

Your arguments have been repeated in Nazi Germany, Soviet Union, communist China and all other dictatorships.

 

[GON]

Seems kind of unfair, they can't prove DUI w/out a physical or breath test, but still arrest you?

I understand being detained and taken to the PD to use the Data Master, but being arrested and having that on your record is a little much IMHO.

So you blow 0.00 on the roadside test, you can still be taken in for blood work under suspicious of drugs?

It's a no win situation. I guess doing the roadside test is a better option if you really aren't drunk, puts the odds more in your favor.

Criminal not guilt/ guilty can only happen in a court of law.

A law enforcement officer is not empowered to determine guilt. He/ she may have a opinion, and expertise of a law/ statue, but only in a court can actual guilt/ not guilty be determined. Note I use the term not guilty instead of innocent. Many people charged with criminal conduct are found not guilty in a court of law, yet they are not innocent.

Many years ago, a friend was a jury foreman on a 1st degree murder charge. The jury found the defendant not guilty. The entire jury was sure the defendant committed the murder, and in the 1st degree. But the way the statue was written, the jury had no choice but to find the defendant not guilty, based on the evidence the prosecutor presented.

 

[Owen Lucas]

If you don’t see the above highlighted things as the same, just disguised differently, then you’re not going to get it.

Your arguments have been repeated in Nazi Germany, Soviet Union, communist China and all other dictatorships.

I totally get it, and technically you are right, but practically speaking, I don't want to be arguing statutes, criminal law, and Supreme Court rulings with a cop on the side of the road. If I was wronged by a cop, I'll have my attorney work it out rather than saying, "I know my rights! In Brown v. Texas ......."

Don't worry about showing your ID in the future though. You'll be ID'd everytime you pass a camera or maybe, and I bet this is already being worked on, the officers body cam is linked to the DMV license database and via facial recognition, you are ID'd based on DL photos before you are even say a word.

This has already been accomplished by MIT students:
https://www.businessinsider.com/meta-ray-ban-glasses-facial-recognition-demo-students-2024-10

 

[alarmguy]

When you suspected of drunk driving, the police officer follows a criteria of physical tests that you will perform. If you do not perform those tests as expected, the officer might offer that you take a field breathalyzer test..

If you refuse, the officer can arrest you and the test will be done at the police station on a machine that is recognized by a court of law. If you refuse that test, a court order can be obtained for a blood sample.

If you haven’t been drinking, that is a tough call.
As someone pointed out if you’re arrested, you will have an arrest record. Chances are if you fail a field sobriety test you probably been drinking.

 

[GON]

If you haven’t been drinking, that is a tough call.
As someone pointed out if you’re arrested, you will have an arrest record. Chances are if you fail a field sobriety test you probably been drinking.

Numerous professions require disclosure of all arrests, not just convictions. Many of the professions require a security clearance, and as part of the clearance background check criminal arrests are researched.

A great example of why this happens in the not guilty verdict on two murder charges by the late defendent OJ Simpson. Although found not guilty by a jury of his peers, I am.not.sure one would want to hire Mr. Simpson for many positions.

 

[ripcord]

These questions are highly state specific. It would be wise to seek advice from council in your own jurisdiction. In my state (Washington), you are not required to submit to a field sobriety test. Refusing a breath or blood test is what will get your license suspended.

 

[alarmguy]

Numerous professions require disclosure of all arrests, not just convictions. Many of the professions require a security clearance, and as part of the clearance background check criminal arrests are researched.

A great example of why this happens in the not guilty verdict on two murder charges by the late defendent OJ Simpson. Although found not guilty by a jury of his peers, I am.not.sure one would want to hire Mr. Simpson for many positions.

Agree so if you’ve been drinking, but not too much, you may wanna roll the dice and do the breathalyzer in the field. In case by chance you might blow a low number and not get arrested.

 

[dnewton3]

Folks - We're done here.
We've had to moderate many posts since this was revived just a few hours ago; profanity, racist comments, etc.
This is more trouble than it's worth. It's a shame folks can't abide by our rules and have a civil conversation, but this is the way it boils down at times.
Locked.