Got off easy?

[VATURK]

What is the name of your state (only U.S. law)? VA

The other night I was pulled over for having a headlight not working.
The cop asked if I had anything to drink. I said "no". The cop asked if I had any other people in my car that were drinking. I said "yes, two other people that I let off earlier"

The cop asked me to step out of the car. He again asked if I had anything to drink. I said "no". He said he still smelled alcohol, and that usually the smell will dissipate once a person is out of the car". I shrugged my shoulders.

The cop asked me to do the FST, which included standing on one foot with the other foot 6" high and counting, one thousand, two thousand. The first time I got to eighteen thousand, and the cop asked me to start over again because my foot was angled and not high enough. The second time I went to twenty-eight thousand. The next test was the heel to foot for nine steps and turnaround and walk back. I did this. The next test was reciting the alphabet from D to M in a non-singsong manner. I did this also.

I asked how I did. He said there were some elements that were questionable. I did not get into the details with him.

The cop then asked me do a breathalyzer. I asked what would happen if I didn't. He said "nothing". I said, ok, I won't do the breathalyzer. He said if I blew into it and everything was fine, I could go home. I was seeing red flags at this point.

He then asked me if I had been drinking again, maybe for the 5th or 6th time. I said "no" again.

He then asked if I had anyone that would come get me and the car I said yes, and called.

While waiting for my friend he was emphatic that if I blew into the breathalyzer, nothing would come of it.

My friend showed up, we parked the car off the road in a commercial establishment and left.

No ticket or nothing!!

My only question, what was up with him asking me to blow into the breathalyzer and me refusing and it not being an issue???

I wasn't about to stick around for a slide show on the issue.

[Some Random Guy]

My only question, what was up with him asking me to blow into the breathalyzer and me refusing and it not being an issue???

You are legally obligated to submit to a test for alcohol as part of getting your license. Failure to do so will result in your license being suspended.

Hoever, depending on your state, that required test is either the breathalyzer back at the police station or a blood test, and usually not the portable tester that the policeman had on him.

So, since he could not compel you to take the portable test and since he didn't have enough evidence to bring you in for DUI, he chose to let a friend drive you home.

The portable test is designed to give him evidence against you, so if you had anything to drink then it would be proof that you are lying to him. Personally it sems pretty obvious that you were lying to him, but your BAC was probably low enough to not matter.

[41tellthetruth]

IF and that's a big IF you really had not been drinking, why in heaven's sake would you not just blow???

Could it be you were lying and actually had been drinking?

[HomeGuru]

Originally Posted by 41tellthetruth

IF and that's a big IF you really had not been drinking, why in heaven's sake would you not just blow???

Could it be you were lying and actually had been drinking?

**A: good questions.

[VATURK]

So when does the breathalyzer penalty for refusing to blow actually kick in? Does the cop need to have previous evidence such as; failure of FST, erratic driving, admitting to even one drink?

Or does the cop need to arrest you first before the breathalyzer refusal penalty kicks in?

Was the cop bull****ting me when he said the field breathlyzer would not matter?

[HomeGuru]

Originally Posted by VATURK

So when does the breathalyzer penalty for refusing to blow actually kick in? Does the cop need to have previous evidence such as; failure of FST, erratic driving, admitting to even one drink?


**A: in your case there was probable cause.


######
Or does the cop need to arrest you first before the breathalyzer refusal penalty kicks in?


**A: no, once asked to take the test and refused establishes the facts.


##########
Was the cop bull****ting me when he said the field breathlyzer would not matter?

**A: yes....

[BL]

On top of that , if you drink and drive some more , you may not be so lucky to get a break .

Don't push your luck.

[CdwJava]

Originally Posted by VATURK

So when does the breathalyzer penalty for refusing to blow actually kick in? Does the cop need to have previous evidence such as; failure of FST, erratic driving, admitting to even one drink?

The required test only comes into effect after you are arrested. If your state had a provision requiring you to take a field breath test and you refused, I suspect the officer would have cited or arrested you when that happened.

Or does the cop need to arrest you first before the breathalyzer refusal penalty kicks in?

Yes.

Was the cop bull****ting me when he said the field breathlyzer would not matter?

We don't know.

I noticed that you dodged the question asking whether you had, in fact, been drinking.

- Carl

[BigMistakeFl]

Note: Refuse the Field Sobriety Tests, never refuse the Blood Alcohol Content tests, if you feel your BAC is well below the per se legal limit and you are certain that you are not impaired. To refuse the BAC test and not have anything in your blood could wind up causing you to lose your license and be convicted of DUI.