Refusing Field Sobriety Tests or Breathalizer

[PolarNature]

INDIANA / MICHIGAN - Michigan is home, indiana is school. If you could include the legality of the situations for both states I would appreciate it.

The police at my university are rather harsh, abusive, and annoying. On the weekends it's almost impossible to walk around and not speak to one of our finer public safety officers. They aren't the friendliest bunch; talk about a buzzkill. Anyways, I'm not 21, and I drink, like many 16-20 year olds. I dont believe however, that I am commiting a crime. I'm very responsible, and the age is a based on the assumption that with age comes reponsiblity. Anyways, lets get to the law.

(The facct that I'm not 21 doesn't change this situation, or most of these situations now that I think about. The cops at my university are such *******s that they'll give 21 year olds public intox while walking from the bar to a taxi, about 10 feet. facists.)

If I'm walking around campus, and a cop stops me and starts asking me questions, tells me to stand on one foot or other field sobriety tests, can I ignore them and continue walking? or refuse the field sobriety tests? or am I allowed to refuse a breathalizer if requested? I think all of this deals with probable cause... if i stumble, or look drunk, or smell of booze... but cops have a habit of being DISHONEST and THEY WRITE THE BOOKS so they could easily say that I stumbled if I didn't, and fighting it in court would be a costly waste of time. What would be the best way to avoid a criminal charge if I'm walking around intoxicated?

Thanks guys

 

[acmb05]

INDIANA / MICHIGAN - Michigan is home, indiana is school. If you could include the legality of the situations for both states I would appreciate it.

The police at my university are rather harsh, abusive, and annoying. On the weekends it's almost impossible to walk around and not speak to one of our finer public safety officers. They aren't the friendliest bunch; talk about a buzzkill. Anyways, I'm not 21, and I drink, like many 16-20 year olds. I dont believe however, that I am commiting a crime. I'm very responsible, and the age is a based on the assumption that with age comes reponsiblity. Anyways, lets get to the law.

(The facct that I'm not 21 doesn't change this situation, or most of these situations now that I think about. The cops at my university are such *******s that they'll give 21 year olds public intox while walking from the bar to a taxi, about 10 feet. facists.)

If I'm walking around campus, and a cop stops me and starts asking me questions, tells me to stand on one foot or other field sobriety tests, can I ignore them and continue walking? or refuse the field sobriety tests? or am I allowed to refuse a breathalizer if requested? I think all of this deals with probable cause... if i stumble, or look drunk, or smell of booze... but cops have a habit of being DISHONEST and THEY WRITE THE BOOKS so they could easily say that I stumbled if I didn't, and fighting it in court would be a costly waste of time. What would be the best way to avoid a criminal charge if I'm walking around intoxicated?

Thanks guys

LMAO are you serious? Well when you see a safety officer, then jump in the bushes till he passes LOL.

 

[HappyHusband]

INDIANA / MICHIGAN - Michigan is home, indiana is school. If you could include the legality of the situations for both states I would appreciate it.

The police at my university are rather harsh, abusive, and annoying. On the weekends it's almost impossible to walk around and not speak to one of our finer public safety officers. They aren't the friendliest bunch; talk about a buzzkill. Anyways, I'm not 21, and I drink, like many 16-20 year olds. I dont believe however, that I am commiting a crime. I'm very responsible, and the age is a based on the assumption that with age comes reponsiblity. Anyways, lets get to the law.

(The facct that I'm not 21 doesn't change this situation, or most of these situations now that I think about. The cops at my university are such *******s that they'll give 21 year olds public intox while walking from the bar to a taxi, about 10 feet. facists.)

If I'm walking around campus, and a cop stops me and starts asking me questions, tells me to stand on one foot or other field sobriety tests, can I ignore them and continue walking? or refuse the field sobriety tests? or am I allowed to refuse a breathalizer if requested? I think all of this deals with probable cause... if i stumble, or look drunk, or smell of booze... but cops have a habit of being DISHONEST and THEY WRITE THE BOOKS so they could easily say that I stumbled if I didn't, and fighting it in court would be a costly waste of time. What would be the best way to avoid a criminal charge if I'm walking around intoxicated?

Thanks guys

What would be the best way to avoid a criminal charge if I'm walking around intoxicated?

Don't walk around while intoxicated and you won't risk a criminal charge.

 

[acmb05]

What would be the best way to avoid a criminal charge if I'm walking around intoxicated?

Don't walk around while intoxicated and you won't risk a criminal charge.

Well yea that would work to, but that takes all the fun out of it.

 

[moburkes]

INDIANA / MICHIGAN - Michigan is home, indiana is school. If you could include the legality of the situations for both states I would appreciate it.

You're the smart college student, right? Can't you do your own research, or didn't they teach you that in those schools that you attended? Or, maybe you weren't paying attention, because you were too drunk to listen!

The police at my university are rather harsh, abusive, and annoying. On the weekends it's almost impossible to walk around and not speak to one of our finer public safety officers. They aren't the friendliest bunch; talk about a buzzkill. Anyways, I'm not 21, and I drink, like many 16-20 year olds. I dont believe however, that I am commiting a crime. I'm very responsible, and the age is a based on the assumption that with age comes reponsiblity. Anyways, lets get to the law.

I hope you're not going to law school. Or, maybe you need to, so that you can be taught the definition of "crime".
IC 7.1-5-1-3
Public intoxication prohibited
Sec. 3. It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9). **By the way, a misdemeanor is a CRIME.**
IC 7.1-5-7-7
Illegal possession
Sec. 7. (a) It is a Class C misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume it; or
(3) transport it on a public highway when not accompanied by at least one (1) of his parents or guardians.



(The facct that I'm not 21 doesn't change this situation, or most of these situations now that I think about. The cops at my university are such *******s that they'll give 21 year olds public intox while walking from the bar to a taxi, about 10 feet. facists.)

If I'm walking around campus, and a cop stops me and starts asking me questions, tells me to stand on one foot or other field sobriety tests, can I ignore them and continue walking? or refuse the field sobriety tests? or am I allowed to refuse a breathalizer if requested? I think all of this deals with probable cause... if i stumble, or look drunk, or smell of booze... but cops have a habit of being DISHONEST and THEY WRITE THE BOOKS so they could easily say that I stumbled if I didn't, and fighting it in court would be a costly waste of time. What would be the best way to avoid a criminal charge if I'm walking around intoxicated?

Thanks guys[/QUOTE]

I'm not responding to the rest.

 

[acmb05]

(The facct that I'm not 21 doesn't change this situation, or most of these situations now that I think about.

This is the part that cracks me up the most. THE FACT THAT YOU ARE NOT 21 CHANGES EVERYTHING. You are not ALLOWED to drink. Nothing not even a wine cooler or even a sip of beer. So the fact that you were drinking changes the laws since you are under age. Most colleges have a zero tolerance policy. If you think the officer can't smell it on your breath then you do need a lesson in Alcohol consumption.

 

[HappyHusband]

Well yea that would work to, but that takes all the fun out of it.

Oh yeah, it was so much fun.

I remember I drank my first full beer (OK, it was a wine cooler followed by some (OK alot of) beers) while we walked across my university campus to attend the Bonfire ceremony.
http://www.tamu.edu/bonfirememorial/bonfirehistory.html

Boy, that was stupid.
The city, county, and university Law Enforcement waited all year for this night so they could bust minors and PIs. It was like shooting fish in a barrel for these guys. The whole city was crawling with LEOs.
We were lucky, we didn't get caught. 'Course in those days they didn't have the zero tolerance laws that they do now.

Drink Responsibly!

 

[You Are Guilty]

Ah, you guys are too serious. The most simple way to have the campus police officer not notice your drunkeness is really very simple -- every time you decide to wander around in an alcoholic stupor, just be sure to do it with no pants or undergarments on. I guarantee the officers will not care about you being drunk when they see you, (and even if they do, they won't want to touch you to arrest you).

 

[CdwJava]

The police at my university are rather harsh, abusive, and annoying.

Drunks and criminals usually think that.

Anyways, I'm not 21, and I drink, like many 16-20 year olds. I dont believe however, that I am commiting a crime.

What you believe is completely irrelevent - what the law SAYS is the issue here.

I'm very responsible, and the age is a based on the assumption that with age comes reponsiblity.

They have to make it somewhere. But, if you are talking about responsibility, then you are right - let's have women drink at 21 and men at 25 ... then they might be at about the same maturity and responsibility level.

they'll give 21 year olds public intox while walking from the bar to a taxi, about 10 feet. facists.)

Since public intoxication requires certain elements to be present, I can only imagine that the people that they stop and arrest MEET those elements. If they don't, then some college kid's lawyer will make a fortune suing the police department.

If I'm walking around campus, and a cop stops me and starts asking me questions, tells me to stand on one foot or other field sobriety tests, can I ignore them and continue walking? or refuse the field sobriety tests? or am I allowed to refuse a breathalizer if requested?

You do not have to do the FSTs, or the breathalizer, but there could be consequences. In some states (and I believe MI is one of them) the law requires someone under 21 to take a breathalizer if requested. And if you just walk away from an officer - and he has cause to have detained you - then you can be arrested for resisting/delaying/obstructing an officer.

but cops have a habit of being DISHONEST

Really?? And the proof of this allegation is ... where?

The cops in your area are framing drunk college students? Why? Do they get a bounty?

What would be the best way to avoid a criminal charge if I'm walking around intoxicated?

Uh ... hmmm ... don't walk around intoxicated.

That's like asking how to avoid a criminal charge if you are driving 50 in a 25!!


- Carl

 

[tigger22472]

It should also be noted that in the state of Indiana they recently passed a law that if you refuse a breathalyzer test then you are not allowed to plead out the case. Now, wether it was just for DUI or for PI also I cannot state for certain, however, not sure I'd take a chance either way.

 

[PolarNature]

Thanks all for the quick responses!

Everyone: what’s wrong with me trying to be an informed citizen? Police constantly make arrests because people don’t know what they must submit to, and what they can refuse.

Moburke: firstly: chill out. Yes, I could do my own research, but I find legal semantics unbearable, and I’d rather leave it up to people who enjoy this kind of crap… like you guys… and I know you do because you troll legal forums. No, I’m not going to law school, but thanks for asking. Maybe instead of being a smart ass, you could have taken the time to read my post. I wasn’t asking if it is legal for me to drink, or what public intox is; I was questioning the extent to which search is legal, and when it invades privacy. Chill out angry man

Acmb05: I’m glad my post made you laugh. I’ve brightened someone’s day… I’m so proud of myself. I didn’t say that they couldn’t smell it on my breath… Don’t know where you got that.

You Are Guilty: Alright, I’ll try that =D

CdwJava: “Drunks and criminals usually think that”… or people that have had harsh or abusive experiences with police in the past. I disagree that women are more responsible. I know just as many irresponsible women as men. I don’t have any evidence that cops are dishonest; it’s an observation.

Tigger22472: very interesting… thanks for the info.

Take care all! Thanks for the posts!

 

[moburkes]

I read your post. I'm not a man. I responded to what you wrote. If you didn't want a response to what you wrote, then don't write it! Wow! A no-brainer! And to think that I didn't attend that esteemed university that you are attending!

 

[CdwJava]

Everyone: what’s wrong with me trying to be an informed citizen? Police constantly make arrests because people don’t know what they must submit to, and what they can refuse.

Had you simply asked if you were required to submit to FSTs or a breathalizer, your answers might have been limited to that query. But, since you chose to opine about your responsibility, drinking, and the "fascist" police, you opened yourself up to the responses you received. (Do you really know what "fascist" means?)

CdwJava: “Drunks and criminals usually think that”… or people that have had harsh or abusive experiences with police in the past. I disagree that women are more responsible. I know just as many irresponsible women as men. I don’t have any evidence that cops are dishonest; it’s an observation.

From a sociological and psychological perspective, women mature emotionally much sooner than men. Like it or not, that is the way it is.

And sorry your observations are what they are. However, if your observations are third hand or even third party observations, your perspective may be skewed.

- Carl

 

[PolarNature]

ok, my bad; angry woman! I did want responses to what I wrote, and I got some information. I got some attitude, but it can be expected, and it doesn't bother me. It's interesting how much flaming happens on forums... lots of angry people i guess.

So you definatly have some sand in your vagina, and layers and layers of pent up rage. I don't quite understand your unwarrented hostility towards me and my university, but I expect you have that same hostility towards your entire life... sad

 

[moburkes]

Your bad! I'm not angry. Not even a little bit. Sorry that you've got me pegged WRONG again! Out of curiousity, WHAT was angry about what I said?