What if you pass breathalyzer but refuce field sobriety test? And arrested.

Discussion in 'Medical Topics' started by genna, Feb 12, 2021.

  1. POA_Newbie

    POA_Newbie Filing Flight Plan

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    Which state is that for the benefit of the membership?

    Good advice. Which unfortunately, did these citizens no good. They still got entangled in the legal system. I would encourage you to read what I posted.

     
    Last edited: Jun 29, 2021
  2. genna

    genna Pattern Altitude

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    In my state and in many others, if you refuse BAC test your license will be suspended on the spot, and the penalties will be the same as DUI. Implied consent. Now, FST is another story

    More importantly for pilots who hold any medical certificate, that becomes a much more serious problem than a DUI
     
  3. POA_Newbie

    POA_Newbie Filing Flight Plan

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    A portable roadside BAC test is a FST. Sometimes they are called a preliminary breath test or PBT. They are voluntary in many states. In many states it is not included in the scope of Implied Consent.
     
  4. genna

    genna Pattern Altitude

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    I can't speak of every state, I can only tell you that in my state you do not get a choice of the testing method. You refuse breathalyzer OR blood test, you get arrested. Without BAC number, you may beat the DUI charge, but FAA looks at this very differently. Many states do the same thing. How many, I don't know. I suspect the most
     
  5. steingar

    steingar Taxi to Parking

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    You cannot refuse a BAC test, and I wasn't advocating that you do. BACs are quantitative, though the accuracy of the detectors is questionable. Field sobriety tests are qualitative, unfair, and completely unnecessary. And if your state confiscates your drivers license after a refusal of FST you get to challenge them in court and win, since the law taking your license is unconstitutional. And I would challenge them in court. If we don't stick up for our rights we may as well not have them.
     
  6. allPrimes

    allPrimes Pre-takeoff checklist

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    Random anecdote from someone who has received a legitimate DUI and has also been pulled over for suspicion of DUI but has also driven away from that interaction.

    I had just seen a documentary the day before about highway safety (I'm a docunerd) and there was a big section on how much research the state of TX had done on "waking up" motorists on interstates before they hit the guardrail (that was also engineered in TX, from what I remember). The fruits of that research were the rumble strips on the sides of the highways. On my way home from hanging out with a friend (it was past midnight), I was driving home, thinking about that doc and tested out the rumble strips a few times. This meant drifting over the yellow line. At my exit, I got pulled over. Given the full nine yards of the field sobriety tests. Was even asked if I knew my ABCs and could I say them backwards? Two cop cars at the stop.

    I drove away. Edge case, I know.
     
  7. EdFred

    EdFred Taxi to Parking

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  8. allPrimes

    allPrimes Pre-takeoff checklist

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  9. Stevea621j

    Stevea621j Pre-Flight

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    Unfortunately that is the state of our justice system, especially when you are talking about DUI offenses and relatively minor misdemeanor charges. There very clearly is a presumption of guilt. With DUI charges, at least there can be negative blood, urine, and blow tests that can exonerate you, but only after the damage is done. With other offenses the system is set up expecting a plea agreement. Lawyers don't want to go to trial. Judges do not want to go to trial, and will even threaten maximum sentencing and jail time if you have the audacity to "waste their time" by requesting your day in court and are convicted rather than accepting a plea deal. It's easy to say just don't drink or do drugs and you will be fine, until you drift out of your lane a little bit, or make a turn without using your turn signal and a LEO looking to make a DUI arrest just happens to see it.
     
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  10. flyingron

    flyingron Touchdown! Greaser! PoA Supporter

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    Other than being shown to have zero alcohol, there's no test that will "exonerate" you. The so-called "legal limit" is only the "per se" limit where the state doesn't need to show you as intoxicated. You can be convicted at lower levels based on the officers "expert" testimony.
     
  11. Stevea621j

    Stevea621j Pre-Flight

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    I understand. I am talking about when you haven't been drinking or doing drugs and get charged with DUI. The tests will definitely exonerate you, but you are already hosed because you've been charged with DUI, your mug shot already made the jail report, your friends, family, business associates, clients, patients, and customers will all likely know or find out you were arrested for DUI without knowing it was bogus. You will likely loose your license, even though charges will be dropped eventually. You will spend thousands on an attorney, and you will have to deal with the FAA if you are a pilot. Somehow I don't think that is what we like to think our justice system is all about.
     
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  12. POA_Newbie

    POA_Newbie Filing Flight Plan

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    Looks like the scenario presented in this thread took place - to a pilot in Loveland Colorado.

    Frightening.

     
  13. Jeff Oslick

    Jeff Oslick En-Route

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    Our justice system is a process. "Justice" isn't necessarily the outcome.
     
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  14. AdamZ

    AdamZ Touchdown! Greaser!

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    Ding Ding Ding Winner! I sometimes tell clients that there is no such thing as justice just results and some are better than others.
     
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  15. Bpmm

    Bpmm Guest

    Hey guys so I have a question about my recent DUI I was pulled over and had been drinking so I did the FST and then did what I thought was a breathalyzer I blew a .109 but I refused to take the Blood test. After hiring a lawyer and spending a lot of money it was later lowered to a reckless driving. Does the FAA see this as a refusal to take a BAC test even though I did the PBT? And if so what’s next? I’m not a pilot yet but I am wanting to go into a flight school to become a commercial pilot.
     
  16. Mikey B

    Mikey B Pre-takeoff checklist

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    Yikes. Please don't.
     
  17. jsstevens

    jsstevens Final Approach PoA Supporter

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    These sorts of posts begin to remind me of George Carlin's
    “Suppose that you didn’t make your Easter duty and it’s Pentecost Sunday, the last day, and you’re on a ship at sea. And the chaplain goes into a coma! But you wanted to receive. And then it’s Monday, too late… But then you cross the International Date Line! Would that then be a sin then, Father?”
     
  18. Ventucky Red

    Ventucky Red Cleared for Takeoff

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    In CA FST are not mandatory, and it is your right to politely refuse to accept an invitation to submit to any or all Roadside Agility Exercises.

    But I have some better advice... Uber, Lyft, sober friend, you drink-you drive-you get in trouble... no mercy here.
     
  19. Lindberg

    Lindberg Final Approach

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    You need to get all your court records and then have a consultation, not an exam, with a HIMS AME. Good idea to complete the Medxpress so that you know what other issues you might have.
     
  20. flyingron

    flyingron Touchdown! Greaser! PoA Supporter

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    I'm sure God will take that into account. Sit down, would you.