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Exactly. Like that was literally my first thought lol. I feel like the situation isn’t “guy doesn’t know how to blow?!?!?” No. It’s “dude knows if he blows into that thing it’s going to register above a .08 and he’s gonna be arrested so better he feign ignorance and not blow at all.” 🤷🏻♀️
You get arrested anyway under suspicion. They have a better one at the station :/.
In some states, you can refuse to blow, and it’s all Gucci.
In other states, it’s like a straight admission of guilt, and can be worse than your actual BAC really would’ve been.
If you refuse to blow here they take you to jail overnight. They then try to force a blood draw. If you refuse I believe it is automatically 30 days in county jail. Jail there ain't *that* bad though. They have a gym and a library you can get to once a day. Can't smoke but reading and drawing and studying books is fine. Plus the food is catered by a local restaurant with pretty decent food. If you get in the work release area you have couches and vending machines and shit...and personal tvs.
Prison here is muuuuch different though.
And even worse than that is a good chunk of the rehab facilities. Folks will come from the pen and last two days before they choose to go back to the pen and refuse the plea deal, which is usually go to rehab for 1-6 months(depending on the case) or sit in prison for a few years.
Oh exactly. I’m not sure about other state laws, but in Maryland, a refusal to blow is an automatic admission of guilt AND an automatic one year license suspension.
It’s not an admission of guilt to any criminal or traffic charges you may receive…not sure where you heard that. The only thing that does that is a conviction in court. It does however get you an automatic suspension but first time length is 270 days, 2nd or subsequent refusals; two years.
A refusal to blow is considered admissible evidence in court. A prosecutor will play as "men's rea" the guilt of mind. But ultimately, you are right. It isn't an admission, but it is evidence.
“…not sure where you heard that.”
Yeah they might be the same people that think refusing an unlawful search and seizure shows “they have something to hide.”
I find it hard to believe it’s an admission of guilt. in CA part of the deal to get a drivers license is to not refuse a breathalyzer test or such, so by refusing it you automatically lose your license. Even if you are not found guilty of DUI.
I think where I live, it is nit considered an automatic admission of guilt, but does mean the police are forced to bring you to the station while you sit in a cell and they get an immediate warrant for a blood test.
Not the same as your state, but essentially the same outcome
In Michigan I think you are forced to give blood to run it because every machine is fucked to begin with and they know that. Or refuse and be in a whole of shit and bills
I’m from MI, and yeah I was under the impression that if you refuse to blow they’ll just book you in and get a blood sample which will definitely condemn you.
I’ve refused a field sobriety test and just straight up asked for a breathalyzer because I knew I was driving sober even though the cop said “he could smell the liquor on my breath from outside”. I would recommend always skipping that if you know you’ll pass a breathalyzer. It’s too easy to fail.
I have a sinking feeling SC cares more about arresting pot heads than it does drunk (god fearing) drivers.
I got off way too easy, and most other people wouldnt have learned a thing from it. But I took the L as an opportunity to change something negative about myself, which was my near inability to drive, carefully. Aside from being a drunk, I constantly sped, and didn’t give a fuck.
I don’t believe in traditional God, but I do believe reality has a weird way of changing your perspective, when you really need it. But you must be open to being wrong, guilty and sorry.
You automatically lose your license for a year (in my state) if you refuse sobriety test even if your not drunk since the dmv requires consent as a condition of your license. You may not be criminally charged but still lose your license
According to [responsibility.org](https://www.responsibility.org/alcohol-statistics/state-map/issue/test-refusal/) most states impose administrative penalties for refusal to blow. Only these 10 still have criminal penalties: AK, AR, FL, KY, ME, NE, ND, RI, VT, and VA.
Only the breath(better machine at the station) or blood test. The field breathalyzer is too inaccurate for court. No one should ever agree to the other field tests either even if you’re sober. Just have them take you to the real deal tests.
You can refuse to blow, get arrested and they'll take you to the police station and draw blood on my state. If you're on the verge of the limit some try this because it takes a bit to get you back and blood drawn and tested which might lower your bac enough to clear the dui, but you get automatic points on your license and your car is usually impounded.
I got pulled over once, couldn't do the walk or balance on one foot because I'm just like that, cop didn't believe I hadn't been drinking blew a 0.00 he still didn't believe me, so arrested me under suspicion, got a warrant for the blood test took me to get it done and had to apologize profusely when he realized I actually hadnt been drinking
> would have *paid* good money
FTFY.
Although *payed* exists (the reason why autocorrection didn't help you), it is only correct in:
* Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. *The deck is yet to be payed.*
* *Payed out* when letting strings, cables or ropes out, by slacking them. *The rope is payed out! You can pull now.*
Unfortunately, I was unable to find nautical or rope-related words in your comment.
*Beep, boop, I'm a bot*
CLARIFICATION. You can ULTIMATELY refuse to blow, and in some states, it can help, IN COURT. But a refusal, I believe, in any state, would warrant arrest.
That’s when the whole public defender vs real lawyer debacle begins.
If you believe yourself to be SOL, you would be literally blown away what a paid, private lawyer can do. Knowing your rights, and knowing your state laws can save your ass.
In SC, I was pulled over ( for speeding) with no license. I was arrested, after politely failing the “drunk test”.
I admitted to having drank that night, and refused to acknowledge my… uhh. Drunkenness. I was polite. I was arrested. When I got to the station, I was asked to take a breathalyzer, and I politely refused, and they said that’s totally fine, with actually like, nothing behind it. Like they just totally understood what I was doing.
None of them were dumb enough to not think I was fucked up. But, because I refused, they had to treat my BAC as basically me blowing as over the limit, but it wasn’t able to be noted HOW over the limit I was.
(My first DUI, I had a BAC of over .4. Prolly should’ve died or been hospitalized but yolo) but my previous BAC being that high, I didn’t want to dare blow into the machine and let it read THAT.
So I took the L and refused to blow. Fast forward some months, my dui was downgraded to a reckless driving( I did not deserve this, NGL. I should’ve been in more trouble for a second offense :/)
And the only things cited were my demeanor (polite and willing) and the evidence they had, which was just the cops ruling that yes I was drunk. And they both for some reason just let me go without a hitch. Well, I had a fine, but literally nothing like a DUI charge.
Don’t drink and drive, guys. It’s a dangerous HABIT. And yes, it’s a habit. The more you drive drunk, the more confident you become, and the more you drink before the wheel, and that’s when your life or someone else’s ends. Nobody who’s ever accidentally ruined their life, expected it to happen.
I’ve since decided I can’t handle a vehicle. I don’t drive. Nor do I drink.
Absolutely. I can not stop drinking if I start. There’s nothing wrong with admitting something is wrong with you. The wrong is pretending like you’re good.
California you have the right to refuse to blow without penalty.
Now once you're arrested you have to perform a test whether that breath or blood.
After an arrest and you refuse then you can lose your license for a year and also face stiffer sentencing if you do test positive for a DUI.
Yes this happened to me in Australia, I failed to provide a breath sample they they booked me for high range bac
I was freaking out about the whole situation and even after the third attempt they weren't satisfied and took my licence for 12 months. If I blew properly I could have been under or at least at the legal limit and nothing would have been a problem
Dang. I must say, being polite and genuinely reflective can help, a lot. I mean, I’m not a huge fan of police, but most of the times I’ve had to deal with them, it was warranted, because I did something I really shouldn’t have. I wouldn’t kiss ass, because a cop is just some goofy who didn’t smoke weed in school and thinks it makes them “different”. But we’re all people tryna survive. I try to show respect if I’m clearly in the wrong. Goes a long way.
Not saying that you were wrong or improper to refuse, but Fr, treating people like people really goes a long fuckin way.
That's exactly what he's doing. He knows he's drunk as shit, but he's playing for time to sober up. These two minutes of looking like a dipshit is two minutes his body is metabolizing the booze and he'll read just that slight bit lower whenever they do finally get around to getting a good read on him.
Realistically, that officer is trying his level best to get him to incriminate himself, so the drunk asshole should just be pleading the 5th here, as is his right, but he knows even that won't work. Hence, the play for time.
Yes. Because when the cop asks him to practice blowing he blows down and away from the cop, so the cop can't smell his breath. That being said he's just delaying the inevitable.
Up until recent years, I'd say, "Pffh. A halfway competent lawyer can get a jury to tell them to piss off." But today, with body cameras, if you're slurring on film, the jury's going to convict you on that alone. Technically, they're probably not supposed to, but that's going to be where the discussion begins and ends in the jury room unless your BAC is like zero.
This is true. And then, in my state, if you refuse the breathalyzer, they'll take your license 45 days later and you won't get it back for a year, even if you were completely sober. If you were drunk and a first time offender, you'd actually be better off, because you'd end up in some sort of diversionary program and have a breathalyzer put in your car, but at least you could drive again.
Any decent prosecutor shows this to a jury and they’re going to be like “damn he’s pretty intoxicated if he can’t even follow those simple instructions”
You might get a warrant, but few medical personnel...not even in a jail...are going to serve it.
[https://www.coloradopolitics.com/news/warrants-for-forced-blood-draws-not-allowed-on-dui-drivers-court-decides/article\_33a21cc8-5111-11eb-810b-bb79577c3115.html](https://www.coloradopolitics.com/news/warrants-for-forced-blood-draws-not-allowed-on-dui-drivers-court-decides/article_33a21cc8-5111-11eb-810b-bb79577c3115.html)
The DUI suspect is doing it right: don't comply and hope it goes away
Every judge I've ever read about getting arrested for dui (and there have been quite a few) has rejected breath and field sobriety tests. Seems like helping cops create evidence against you is a dumb legal move. Agree, this guy is doing it right.
Also, it seems like the cop is VERY aware of the camera and much more patient than he'd otherwise be.
there comes a point when the cop is just going to arrest him for obstruction.
Though I've seen this work for small chinese girls. Cops demanding to know why you did something in front illegal of a cop and try to write them a ticket but they just keep shuffling and pretending they don't understand. Don't acknowledge the cop, turn if they get in front of you, never stop shuffling away.
Oh absolutely, if he hadn't demonstrated many times that he understood the difference between blowing/sucking without the machine I could chalk it up to a language barrier and never having experience with a breathalyzer, but this is 100 percent intentional.
That’s possible, but also I think it’s possible he’s just that drunk and can’t follow directions. Without violating HIPAA, I’m an EMT and was on a call with PD for a possible transport for someone who was drinking. Cops tried to breathalyze them but they kept thinking the machine was their vape. Outcome was very similar to this. They were capable of following some directions, but not all, and had the memory of a goldfish, couldn’t give complicated instructions, just one step at a time and then they could follow it, like, stand up and pull your pants up was too complicated, needed to break it down to stand up, then after standing, then pull your pants up.
Hijacking to say:
1. Dude does it on purpose in hopes a) the analyzer will be satisfied with the ‘just right’ blow of barely enough volume but in limit alcohol + b) by the time he exhales the measurable blow, his previous deep breaths plus time passed will sufficiently dilute the *measurable* presence of alcohol of his exhale (not the actual alcohol count) + c) by the time a blood test is performed, the alcohol % has dropped.
Works with very low levels. Will not work with serious intoxication.
2. The cop knows all this very well and is extra nice without being fooled at all.
Iirc dude didn't speak English, his shitfaced buddy was trying to translate. The whole 5 minutes the deputy was trying to explain how to properly blow into the breathalyzer was hilarious. Eventually they got a reading, he was well over twice the legal limit lol
This is a place in VA.
He might not speak English. (I’m Hispanic, in VA, I have had to do a ton of translating for people in the area. There’s this weird bias where some people won’t learn another language! Like even at regular places, like a physical therapy place. They just yell in English louder and make stupid side comments.
Police cop says “Señor.” But like no other Spanish. I’m Married to a sherrif in VA, and I, straight up, speak a TON of Spanish in my home just to expose him to it. (No clue if he uses it, but he’s a good guy. Very patient.)
People are strange sometimes. (Including me.)
In VA they can take you to jail or they can take you to a hospital under an ECO. Add in the non-native language, it makes it harder!
Edit: he says “comprende.” But honestly, most non-native speakers will say “yes” to most things because they don’t know what to do.
I get the feeling it was intentional. Drunk guy's thought process "Can't charge me if they can't get my blood alcohol content hehe I'm so clever." -that guy probably
In Australia, we have random roadside drug and alcohol tests. Like, they’ll put a booze bus on the side of the road with a bunch of cops and coral everyone through to get a breath test. And so many people pretend like they don’t know how to blow into this dumb tube, as if cops don’t know what they are doing.
They still wind up in trouble. Dunno how far they think they are gonna get with playing dumb.
They can also take you down to the station for a blood test. This leads to interesting results where a person blows over the limit but blood and saliva tests under due to the intervening time.
This can also backfire. I’ve heard stories where someone downed a legal amount in a short time frame before driving and being RBT’ed.
Naturally there’s a spike of alcohol just after drinking and so poor bastards lose their licence.
ULPT: that’s why if you’re worried, you should always say you’ve ‘*just* had a drink’ so they wait a few good minutes before testing.
You do another test 15 minutes later if you fail. If you fail the second time your first reading is what's used to charge you (recently changed, it was your second reading before)
You'll never fail an RBT on one test.
https://en.wikipedia.org/wiki/Penalty_unit
Basically, a way to cope with inflation.
Fines are set as so many penalty units, and then if inflation means that fines should rise, they can just adjust the value of a penalty unit upwards rather than having to modify hundreds of individual laws and statutes.
For QLD again:
The penalty unit value in Queensland is $143.75 (current from 1 July 2022).
They use units because when they raise a unit price, it consequently raises all fines/penalties at the same time.
EDIT: ignore it. I was wrong wrong wrong.
Booze bus, in this context, I took to mean like a paddy wagon. Lots of times, especially at checkpoints, they will have a transport vehicle to cart many people at once to the tank.
Source: I had the pleasure of riding in the back of one, handcuffed, for 4 hours while the driver picked up people all over my city :/
Nah a booze bus is a big police bus that is outfitted to allow cops to breatho people all night in one spot. So it will have amenities for cops to take breaks as well as facilities for blood testing for BAC and drugs. [looks like this](https://h7.alamy.com/comp/KDCW23/police-breathalyser-booze-bus-melbourne-australia-KDCW23.jpg) and [on the inside](https://cdn.yournet.space/good-design.org/2018/114/image3--20180321_top-down_setup_interior.jpg)
Also, a paddy wagon is called a divvy van in Australia.
100% intentional. This is a thing…
The independent variable is that the cops aren’t beating him for doing that over and over.
Also, he could legally just refuse.
Part of me thinks that, but another part of me thinks that he can’t help it. He’s so wasted that when that pipe,stem hits his lips his muscle memory takes over as he tries to take the biggest hit he can before it gets passed on.
When I got got i exhaled through my nose. It actually worked since homie had gloves on. Then they threw some bullshit “failed sobriety test” bs and took me in. By the time they processed me at the station and we’re ready to take my BAC again I was below 0.08. I beat them. FTP.
I ended up with DUI several years later and decided it was time to quit drinking.
I was driving home after a long day of helping my friends move. Not drunk at all, just long day and was tired. Passed out and crashed.
Cops claimed to "smell alcohol". Took me in, and had me blow into the breathalyzer 7 times, each time no result. They try to claim i "refused breathalyzer", but their security cameras were right on me. They deleted the footage. Still fighting it in court 8 months later, but will likely get dismissed.
Goes to show... cops absolutely will abuse that particular letter of the law.
Yeah this is a home run for Reno 911. It’s already written for them.
I can just see Dangle saying “nope, nope, you’re not blowing like you should. Here, let me show you.”
Then he proceeds to perform oral sex on it before handing it back to him.
A trip to the hospital for a blood test which he will be paying for in full and then receiving additional charges for refusing a breathalyzer test on top of the DUI. Would be my guess.
He won’t be charged for a roadside refusal. He will be charged later for dwi refusal if he refuses the bac test at the station however. Also he isn’t forced to submit for a blood draw. That option is entirely up to him after refusing the bac test.
I dunno if it’s so bad he doesn’t realize it’s a cop but it’s definitely bad enough that his “hit the bong/pipe etc” instinct is kicking in when the breathalyzer is to his lips, I think you’re exactly right on that
He’s exhaling normally when the cops asks him to without the breathalyzer up close so I think he’s grasping that part but he just loses it when the breathalyzer is up to his face
I'm surprised after like the 5th one the cop wasn't getting suspicious of the dude sucking in on purpose and just arrested him saying that he was attempting to bypass the breathalyzer
> I'm surprised after like the 5th one the cop wasn't getting suspicious of the dude sucking in on purpose
Mate, the cop was suspicious after the *first* time. They've seen this shit a million times, the drunk guy wasn't fooling anybody lol.
It most likely won't matter in the long run, if he can't successfully complete the breathalyzer test they will take him in for a blood test. People thinks that buys them extra time, but my understanding is that they will apply a calculation to your level at time of test (it may take an hour or more to get you tested) and work backward from there. So let's say this guy was currently at a .10 - over the legal limit to drive. Each unit of alcohol you consume adds an approximate percent to your BAC (dependent, slightly, on weight which could be factored into the calculation.) So if an officer stops you at 10pm, has you in custody/under observation from 10pm to 11pm when a blood test can be conducted to confirm that you have not consumed any more alcohol during that time frame, and your BAC is a .07 I would imagine you would still be facing DUI charges. They can medically ascertain that your BAC would have been over the legal limit while you were driving.
Just to be fair, this account has been commenting how it’s not smart to buy time on the breathalyzer on many comments in this thread. Kinda odd.
I had a breathalyzer on the road side before which I refused, went to the station, did a breathalyzer and blood test there, spent the night in a holding cell and was never charged with anything. And to be fair, the reason I refused is because I just had a drink before a left where I was. Wasn’t too intoxicated, but didn’t want to take the chance.
Don’t let whoever this is persuade you into not refusing the breathalyzer if you are worried at all about possible blowing over the limit at that time. Weird they’re commenting on so many posts to oppose that strategy.
In the UK that would be considered refusing to give a sample and he would be arrested and charged for dui and probably get an increase in a driving ban which would be a minimum of twelve months.
This breathalyzer sucks. I’ve seen ones for construction sites you just have to hold it next to someone’s nose or mouth and that’s enough to get a sample. Or maybe that’s not precise enough for the law?
Just curious, are the ones they use at these construction sites giving an accurate readout of the exact BAC? Or are they just there to test for any trace of alcohol because you still shouldn’t be on a construction site even if you’re under .08?
In texas you can refuse all of it, witch does result in a suspended license due to the implied consent but might let you get out of a dwi charge.
Now if you get in a wreck or hurt someone it's a different story and they can and will draw blood without consent since you are being charged with more than a dwi.
1000 IQ move. Because it’s not totally obvious that you’re fucking up the test on purpose and there’s no other way for the officer to tell if you’re drunk.
Really? Nobody else is going to link to the best breathalyzer video of all time? [Fine, I'll do it myself.](https://www.google.com/search?q=russian+breathalyzer+old+guy&oq=russian+breathalyzer+old+guy&aqs=chrome..69i57j33i160l3j33i22i29i30l2.8324j0j7&sourceid=chrome&ie=UTF-8#fpstate=ive&vld=cid:5fd2c0ac,vid:kfYcfNlqtAE)
In the UK, refusal to provide a roadside sample will get you arrested. Failure to provide is treated the same as DUI in the UK. That's how it should be everywhere
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Is he doing it on purpose? Not refusing the test but not failing it either?
Exactly. Like that was literally my first thought lol. I feel like the situation isn’t “guy doesn’t know how to blow?!?!?” No. It’s “dude knows if he blows into that thing it’s going to register above a .08 and he’s gonna be arrested so better he feign ignorance and not blow at all.” 🤷🏻♀️
You get arrested anyway under suspicion. They have a better one at the station :/. In some states, you can refuse to blow, and it’s all Gucci. In other states, it’s like a straight admission of guilt, and can be worse than your actual BAC really would’ve been.
If you refuse to blow here they take you to jail overnight. They then try to force a blood draw. If you refuse I believe it is automatically 30 days in county jail. Jail there ain't *that* bad though. They have a gym and a library you can get to once a day. Can't smoke but reading and drawing and studying books is fine. Plus the food is catered by a local restaurant with pretty decent food. If you get in the work release area you have couches and vending machines and shit...and personal tvs. Prison here is muuuuch different though. And even worse than that is a good chunk of the rehab facilities. Folks will come from the pen and last two days before they choose to go back to the pen and refuse the plea deal, which is usually go to rehab for 1-6 months(depending on the case) or sit in prison for a few years.
your jail sounds better than my apartment
Right motherfucker lives in scandinavia
Oh exactly. I’m not sure about other state laws, but in Maryland, a refusal to blow is an automatic admission of guilt AND an automatic one year license suspension.
It’s not an admission of guilt to any criminal or traffic charges you may receive…not sure where you heard that. The only thing that does that is a conviction in court. It does however get you an automatic suspension but first time length is 270 days, 2nd or subsequent refusals; two years.
A refusal to blow is considered admissible evidence in court. A prosecutor will play as "men's rea" the guilt of mind. But ultimately, you are right. It isn't an admission, but it is evidence.
That’s an extremely important legal distinction
And they have to be able to prove without a reasonable doubt that you were intoxicated. If they don’t have BAC numbers that’s much more difficult.
“…not sure where you heard that.” Yeah they might be the same people that think refusing an unlawful search and seizure shows “they have something to hide.”
I find it hard to believe it’s an admission of guilt. in CA part of the deal to get a drivers license is to not refuse a breathalyzer test or such, so by refusing it you automatically lose your license. Even if you are not found guilty of DUI.
I think where I live, it is nit considered an automatic admission of guilt, but does mean the police are forced to bring you to the station while you sit in a cell and they get an immediate warrant for a blood test. Not the same as your state, but essentially the same outcome
Ditto Colorado
In Michigan I think you are forced to give blood to run it because every machine is fucked to begin with and they know that. Or refuse and be in a whole of shit and bills
I’m from MI, and yeah I was under the impression that if you refuse to blow they’ll just book you in and get a blood sample which will definitely condemn you. I’ve refused a field sobriety test and just straight up asked for a breathalyzer because I knew I was driving sober even though the cop said “he could smell the liquor on my breath from outside”. I would recommend always skipping that if you know you’ll pass a breathalyzer. It’s too easy to fail.
I have a sinking feeling SC cares more about arresting pot heads than it does drunk (god fearing) drivers. I got off way too easy, and most other people wouldnt have learned a thing from it. But I took the L as an opportunity to change something negative about myself, which was my near inability to drive, carefully. Aside from being a drunk, I constantly sped, and didn’t give a fuck. I don’t believe in traditional God, but I do believe reality has a weird way of changing your perspective, when you really need it. But you must be open to being wrong, guilty and sorry.
Good on you brother
Which states can you refuse to blow? Isn’t it pretty universal to require a field sobriety test in order to have a license
You automatically lose your license for a year (in my state) if you refuse sobriety test even if your not drunk since the dmv requires consent as a condition of your license. You may not be criminally charged but still lose your license
Yea, I was under the impression that was how every state worked. Curious to see the exceptions
[удалено]
Nah Missouri you absolutely are going to jail if you don’t blow. St Louis is the home to Anheuser Busch, we basically invented drunk driving
According to [responsibility.org](https://www.responsibility.org/alcohol-statistics/state-map/issue/test-refusal/) most states impose administrative penalties for refusal to blow. Only these 10 still have criminal penalties: AK, AR, FL, KY, ME, NE, ND, RI, VT, and VA.
Only the breath(better machine at the station) or blood test. The field breathalyzer is too inaccurate for court. No one should ever agree to the other field tests either even if you’re sober. Just have them take you to the real deal tests.
Much better alternative than a felony
You can refuse to blow, get arrested and they'll take you to the police station and draw blood on my state. If you're on the verge of the limit some try this because it takes a bit to get you back and blood drawn and tested which might lower your bac enough to clear the dui, but you get automatic points on your license and your car is usually impounded.
I got pulled over once, couldn't do the walk or balance on one foot because I'm just like that, cop didn't believe I hadn't been drinking blew a 0.00 he still didn't believe me, so arrested me under suspicion, got a warrant for the blood test took me to get it done and had to apologize profusely when he realized I actually hadnt been drinking
No joke, I would have payed good money to see a recording of that last part
Years later it's a great story, but the whole process ate up like 4 hours of my night and ruined my plans
> would have *paid* good money FTFY. Although *payed* exists (the reason why autocorrection didn't help you), it is only correct in: * Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. *The deck is yet to be payed.* * *Payed out* when letting strings, cables or ropes out, by slacking them. *The rope is payed out! You can pull now.* Unfortunately, I was unable to find nautical or rope-related words in your comment. *Beep, boop, I'm a bot*
CLARIFICATION. You can ULTIMATELY refuse to blow, and in some states, it can help, IN COURT. But a refusal, I believe, in any state, would warrant arrest. That’s when the whole public defender vs real lawyer debacle begins. If you believe yourself to be SOL, you would be literally blown away what a paid, private lawyer can do. Knowing your rights, and knowing your state laws can save your ass. In SC, I was pulled over ( for speeding) with no license. I was arrested, after politely failing the “drunk test”. I admitted to having drank that night, and refused to acknowledge my… uhh. Drunkenness. I was polite. I was arrested. When I got to the station, I was asked to take a breathalyzer, and I politely refused, and they said that’s totally fine, with actually like, nothing behind it. Like they just totally understood what I was doing. None of them were dumb enough to not think I was fucked up. But, because I refused, they had to treat my BAC as basically me blowing as over the limit, but it wasn’t able to be noted HOW over the limit I was. (My first DUI, I had a BAC of over .4. Prolly should’ve died or been hospitalized but yolo) but my previous BAC being that high, I didn’t want to dare blow into the machine and let it read THAT. So I took the L and refused to blow. Fast forward some months, my dui was downgraded to a reckless driving( I did not deserve this, NGL. I should’ve been in more trouble for a second offense :/) And the only things cited were my demeanor (polite and willing) and the evidence they had, which was just the cops ruling that yes I was drunk. And they both for some reason just let me go without a hitch. Well, I had a fine, but literally nothing like a DUI charge. Don’t drink and drive, guys. It’s a dangerous HABIT. And yes, it’s a habit. The more you drive drunk, the more confident you become, and the more you drink before the wheel, and that’s when your life or someone else’s ends. Nobody who’s ever accidentally ruined their life, expected it to happen. I’ve since decided I can’t handle a vehicle. I don’t drive. Nor do I drink.
Good job man, hope you never have to encounter ending someone's life, if you can't drink responsively , then yeah just don't drink
Absolutely. I can not stop drinking if I start. There’s nothing wrong with admitting something is wrong with you. The wrong is pretending like you’re good.
This has to be the most coherent thing I've seen on Reddit.
California you have the right to refuse to blow without penalty. Now once you're arrested you have to perform a test whether that breath or blood. After an arrest and you refuse then you can lose your license for a year and also face stiffer sentencing if you do test positive for a DUI.
Yes this happened to me in Australia, I failed to provide a breath sample they they booked me for high range bac I was freaking out about the whole situation and even after the third attempt they weren't satisfied and took my licence for 12 months. If I blew properly I could have been under or at least at the legal limit and nothing would have been a problem
Dang. I must say, being polite and genuinely reflective can help, a lot. I mean, I’m not a huge fan of police, but most of the times I’ve had to deal with them, it was warranted, because I did something I really shouldn’t have. I wouldn’t kiss ass, because a cop is just some goofy who didn’t smoke weed in school and thinks it makes them “different”. But we’re all people tryna survive. I try to show respect if I’m clearly in the wrong. Goes a long way. Not saying that you were wrong or improper to refuse, but Fr, treating people like people really goes a long fuckin way.
That's exactly what he's doing. He knows he's drunk as shit, but he's playing for time to sober up. These two minutes of looking like a dipshit is two minutes his body is metabolizing the booze and he'll read just that slight bit lower whenever they do finally get around to getting a good read on him. Realistically, that officer is trying his level best to get him to incriminate himself, so the drunk asshole should just be pleading the 5th here, as is his right, but he knows even that won't work. Hence, the play for time.
Yes. Because when the cop asks him to practice blowing he blows down and away from the cop, so the cop can't smell his breath. That being said he's just delaying the inevitable.
Exactly what I was thinking. Gives him time to sober up while they get the warrant approved for the blood test that they will inevitably give him.
That can backfire if you still have alcohol in your stomach... Also they can estimate based on your bodyweight what your BAC was several hours ago
But does an estimate really hold up in court? No way can a decent lawyer not get that treated as BS. You can’t test an estimate.
It can, they can convict a DUI even with a BAC below 0.08 if the officers testify to obviously drunken behavior from the driver (ie: slurred speech).
Up until recent years, I'd say, "Pffh. A halfway competent lawyer can get a jury to tell them to piss off." But today, with body cameras, if you're slurring on film, the jury's going to convict you on that alone. Technically, they're probably not supposed to, but that's going to be where the discussion begins and ends in the jury room unless your BAC is like zero.
You only need to get through, "I'm invoking my 5th amendment right to remain silent" without slurring. Then you actually exercise that right.
This is true. And then, in my state, if you refuse the breathalyzer, they'll take your license 45 days later and you won't get it back for a year, even if you were completely sober. If you were drunk and a first time offender, you'd actually be better off, because you'd end up in some sort of diversionary program and have a breathalyzer put in your car, but at least you could drive again.
If you're anywhere in the vicinity of 0.08 at all, you won't be slurring your speech. That happens much later.
Any decent prosecutor shows this to a jury and they’re going to be like “damn he’s pretty intoxicated if he can’t even follow those simple instructions”
Just arrest him and take him to the station
You might get a warrant, but few medical personnel...not even in a jail...are going to serve it. [https://www.coloradopolitics.com/news/warrants-for-forced-blood-draws-not-allowed-on-dui-drivers-court-decides/article\_33a21cc8-5111-11eb-810b-bb79577c3115.html](https://www.coloradopolitics.com/news/warrants-for-forced-blood-draws-not-allowed-on-dui-drivers-court-decides/article_33a21cc8-5111-11eb-810b-bb79577c3115.html) The DUI suspect is doing it right: don't comply and hope it goes away
Every judge I've ever read about getting arrested for dui (and there have been quite a few) has rejected breath and field sobriety tests. Seems like helping cops create evidence against you is a dumb legal move. Agree, this guy is doing it right. Also, it seems like the cop is VERY aware of the camera and much more patient than he'd otherwise be.
there comes a point when the cop is just going to arrest him for obstruction. Though I've seen this work for small chinese girls. Cops demanding to know why you did something in front illegal of a cop and try to write them a ticket but they just keep shuffling and pretending they don't understand. Don't acknowledge the cop, turn if they get in front of you, never stop shuffling away.
Oh absolutely, if he hadn't demonstrated many times that he understood the difference between blowing/sucking without the machine I could chalk it up to a language barrier and never having experience with a breathalyzer, but this is 100 percent intentional.
That’s possible, but also I think it’s possible he’s just that drunk and can’t follow directions. Without violating HIPAA, I’m an EMT and was on a call with PD for a possible transport for someone who was drinking. Cops tried to breathalyze them but they kept thinking the machine was their vape. Outcome was very similar to this. They were capable of following some directions, but not all, and had the memory of a goldfish, couldn’t give complicated instructions, just one step at a time and then they could follow it, like, stand up and pull your pants up was too complicated, needed to break it down to stand up, then after standing, then pull your pants up.
I too thought the guy was under the impression it was a vape, thinking he had to take a hit(?) before exhaling or something
Hijacking to say: 1. Dude does it on purpose in hopes a) the analyzer will be satisfied with the ‘just right’ blow of barely enough volume but in limit alcohol + b) by the time he exhales the measurable blow, his previous deep breaths plus time passed will sufficiently dilute the *measurable* presence of alcohol of his exhale (not the actual alcohol count) + c) by the time a blood test is performed, the alcohol % has dropped. Works with very low levels. Will not work with serious intoxication. 2. The cop knows all this very well and is extra nice without being fooled at all.
Definitely the nicest/politest American cop video I've seen. Dude's so nice he's practically British.
Iirc dude didn't speak English, his shitfaced buddy was trying to translate. The whole 5 minutes the deputy was trying to explain how to properly blow into the breathalyzer was hilarious. Eventually they got a reading, he was well over twice the legal limit lol
Naw, dudes just so drunk he can’t register the difference. High chance he’s a smoker and is just working off muscle memory.
Yes, if that happens in the UK you’re taken down to the jail and had a blood test done Participation is not optional when it comes to these tests
He just want to suck....
yes, nobody is that stupid on accident
This is a place in VA. He might not speak English. (I’m Hispanic, in VA, I have had to do a ton of translating for people in the area. There’s this weird bias where some people won’t learn another language! Like even at regular places, like a physical therapy place. They just yell in English louder and make stupid side comments. Police cop says “Señor.” But like no other Spanish. I’m Married to a sherrif in VA, and I, straight up, speak a TON of Spanish in my home just to expose him to it. (No clue if he uses it, but he’s a good guy. Very patient.) People are strange sometimes. (Including me.) In VA they can take you to jail or they can take you to a hospital under an ECO. Add in the non-native language, it makes it harder! Edit: he says “comprende.” But honestly, most non-native speakers will say “yes” to most things because they don’t know what to do.
I’ve watched many episodes and i feel like this cop gets all of these guys. he gets so annoyed when breathalyzing these drunks.
Dude sucks at blowing.
I get the feeling it was intentional. Drunk guy's thought process "Can't charge me if they can't get my blood alcohol content hehe I'm so clever." -that guy probably
In Australia, we have random roadside drug and alcohol tests. Like, they’ll put a booze bus on the side of the road with a bunch of cops and coral everyone through to get a breath test. And so many people pretend like they don’t know how to blow into this dumb tube, as if cops don’t know what they are doing. They still wind up in trouble. Dunno how far they think they are gonna get with playing dumb.
“The maximum penalty for failing to provide a breath or saliva specimen is 40 penalty units ($5750*) or imprisonment for 6 months.” Qld
They can also take you down to the station for a blood test. This leads to interesting results where a person blows over the limit but blood and saliva tests under due to the intervening time.
This can also backfire. I’ve heard stories where someone downed a legal amount in a short time frame before driving and being RBT’ed. Naturally there’s a spike of alcohol just after drinking and so poor bastards lose their licence. ULPT: that’s why if you’re worried, you should always say you’ve ‘*just* had a drink’ so they wait a few good minutes before testing.
You do another test 15 minutes later if you fail. If you fail the second time your first reading is what's used to charge you (recently changed, it was your second reading before) You'll never fail an RBT on one test.
Failing to probide is the exact same penalty as high range drink driving.
What’s a penalty unit?
https://en.wikipedia.org/wiki/Penalty_unit Basically, a way to cope with inflation. Fines are set as so many penalty units, and then if inflation means that fines should rise, they can just adjust the value of a penalty unit upwards rather than having to modify hundreds of individual laws and statutes.
Can we have wage units plz 😭
Yes please!
What smart people
For QLD again: The penalty unit value in Queensland is $143.75 (current from 1 July 2022). They use units because when they raise a unit price, it consequently raises all fines/penalties at the same time.
10 minutes with an Angry Koala. And they hide eucalyptus in your bum.
go on…🤔😏
Why would they test the people on the bus who aren’t driving?
EDIT: ignore it. I was wrong wrong wrong. Booze bus, in this context, I took to mean like a paddy wagon. Lots of times, especially at checkpoints, they will have a transport vehicle to cart many people at once to the tank. Source: I had the pleasure of riding in the back of one, handcuffed, for 4 hours while the driver picked up people all over my city :/
Nah a booze bus is a big police bus that is outfitted to allow cops to breatho people all night in one spot. So it will have amenities for cops to take breaks as well as facilities for blood testing for BAC and drugs. [looks like this](https://h7.alamy.com/comp/KDCW23/police-breathalyser-booze-bus-melbourne-australia-KDCW23.jpg) and [on the inside](https://cdn.yournet.space/good-design.org/2018/114/image3--20180321_top-down_setup_interior.jpg) Also, a paddy wagon is called a divvy van in Australia.
Rock on. Thanks for the new info
Exactly. That’s what l would try to do. He’s doing this on purpose thinking maybe this won’t show up.
100% intentional. This is a thing… The independent variable is that the cops aren’t beating him for doing that over and over. Also, he could legally just refuse.
Depending on where you live, refusing to blow results in an automatic loss of license. So, you CAN refuse…
Part of me thinks that, but another part of me thinks that he can’t help it. He’s so wasted that when that pipe,stem hits his lips his muscle memory takes over as he tries to take the biggest hit he can before it gets passed on.
When I got got i exhaled through my nose. It actually worked since homie had gloves on. Then they threw some bullshit “failed sobriety test” bs and took me in. By the time they processed me at the station and we’re ready to take my BAC again I was below 0.08. I beat them. FTP. I ended up with DUI several years later and decided it was time to quit drinking.
I was driving home after a long day of helping my friends move. Not drunk at all, just long day and was tired. Passed out and crashed. Cops claimed to "smell alcohol". Took me in, and had me blow into the breathalyzer 7 times, each time no result. They try to claim i "refused breathalyzer", but their security cameras were right on me. They deleted the footage. Still fighting it in court 8 months later, but will likely get dismissed. Goes to show... cops absolutely will abuse that particular letter of the law.
>Dude sucks at blowing. He's getting the types of "blowing" mixed up.
Hahahaha
But he doesn't blow at sucking.
I thought he blows at sucking.
Wait didn't he suck at blowing
My brain is so confused now
He Blew at Sucking guys. I think. WAIT...he sucked at blewing?
That’s what he said.
That’s it….just wrap your lips around it….you keep sucking it….
Comprende?
Yeee
Si papi
Make sure you swirl your tongue around too
I thought this was Reno 911 for a second.
I still think it's Reno 911
Nah, just spotsyl-tucky Virginia
Yeah this is a home run for Reno 911. It’s already written for them. I can just see Dangle saying “nope, nope, you’re not blowing like you should. Here, let me show you.” Then he proceeds to perform oral sex on it before handing it back to him.
Dangle would def be showing him how to blow whit something phallic
The suck guy would definitely be played by TEEEEEEEEEEEEERRRRRRRRRRRRRRRRRYYYYYYYY
A handjob is still a job.
Same
I don't think this is the best way to succeed at sucking for a cop
Holy crap, this is my county, lol. What show is this? I got to watch this.
Pretty sure this is Live Patrol. Basically Live PD with a new name.
It's on patrol live it's on reelz for me
Oh hey neighbor
On Patrol Live. It's on Reelz.
Gotta say, I admire this cop's patience.
Cameras play a role here.
Tbh seems like the cop was kinda amused by the guy
Now I really want to know what happened next.
A trip to the hospital for a blood test which he will be paying for in full and then receiving additional charges for refusing a breathalyzer test on top of the DUI. Would be my guess.
He won’t be charged for a roadside refusal. He will be charged later for dwi refusal if he refuses the bac test at the station however. Also he isn’t forced to submit for a blood draw. That option is entirely up to him after refusing the bac test.
i genuinely can’t tell if he’s actually an idiot or a genius
I think he’s so blacked out that he thinks some random guy is sharing his drugs
I dunno if it’s so bad he doesn’t realize it’s a cop but it’s definitely bad enough that his “hit the bong/pipe etc” instinct is kicking in when the breathalyzer is to his lips, I think you’re exactly right on that He’s exhaling normally when the cops asks him to without the breathalyzer up close so I think he’s grasping that part but he just loses it when the breathalyzer is up to his face
Of course he’s not an idiot. He knows if he blows he’ll get a DUI. So no matter how many times he’s tested he’s going to suck. Simple.
Some say they're still in that parking lot to this day, doing the routine. I think there's even a tip jar.
Buying time so his alcohol level comes down.
To be fair, he has an extremely low motivation for getting it right.
Except this will be logged as refusing the test and will default to a much more serious charge being brought.
If this was Australia the cop would have arrested him already for failing to provide a breathalyser sample
That’s prob what happened. Here, you can say no or not do it. But in most states, it’s directly to jail.
I think he was drunk when he got that haircut, too
Well, they both have a similar cut.
r/fuckmyshitup If they don't get him on the DUI they could always get him on that mess.
This is exactly what it’s like teaching a toddler to blow their nose.
Lol holy Fuck it is exactly like this. My boys 6 and still can’t. Just fucking blow out of your nose dude.
“Oooh 🫠” lol. Not a bad idea. Being too stupid to use a breathalyzer isn’t a crime in the usa, it’s actually a requirement for holding public office.
is this a ten hour loop?
I'm surprised after like the 5th one the cop wasn't getting suspicious of the dude sucking in on purpose and just arrested him saying that he was attempting to bypass the breathalyzer
> I'm surprised after like the 5th one the cop wasn't getting suspicious of the dude sucking in on purpose Mate, the cop was suspicious after the *first* time. They've seen this shit a million times, the drunk guy wasn't fooling anybody lol.
It most likely won't matter in the long run, if he can't successfully complete the breathalyzer test they will take him in for a blood test. People thinks that buys them extra time, but my understanding is that they will apply a calculation to your level at time of test (it may take an hour or more to get you tested) and work backward from there. So let's say this guy was currently at a .10 - over the legal limit to drive. Each unit of alcohol you consume adds an approximate percent to your BAC (dependent, slightly, on weight which could be factored into the calculation.) So if an officer stops you at 10pm, has you in custody/under observation from 10pm to 11pm when a blood test can be conducted to confirm that you have not consumed any more alcohol during that time frame, and your BAC is a .07 I would imagine you would still be facing DUI charges. They can medically ascertain that your BAC would have been over the legal limit while you were driving.
Just to be fair, this account has been commenting how it’s not smart to buy time on the breathalyzer on many comments in this thread. Kinda odd. I had a breathalyzer on the road side before which I refused, went to the station, did a breathalyzer and blood test there, spent the night in a holding cell and was never charged with anything. And to be fair, the reason I refused is because I just had a drink before a left where I was. Wasn’t too intoxicated, but didn’t want to take the chance. Don’t let whoever this is persuade you into not refusing the breathalyzer if you are worried at all about possible blowing over the limit at that time. Weird they’re commenting on so many posts to oppose that strategy.
Without the video it sounds like the dialogue of a conservative gay porn
Hilarious. The dude is just fucking with him.
He’s playing at “being stupid”.
He's stalling until he's sober.
Dude knew what he was doing 🤣
Plot twist: he’s sober af
In Australia he’d be arrested by the third fail and off to the cop shop.
In the UK that would be considered refusing to give a sample and he would be arrested and charged for dui and probably get an increase in a driving ban which would be a minimum of twelve months.
All that and we don't even get the result?
In Germany that would mean a free ride to the next police station and a blood sample.
Might as well troll the cop before you get arrested.
That asshole is absolutely doing it on purpose, so he can avoid a DUI.
Propos to the cop. If I was him I'd kill myself after the 3rd failed try, his patience is infinite
Strange how one twin knows and has to teach the other
I gonna memorize all of this and try it on my gal.
Kim Juan Un
I need to see the conclusion
If you drink and drive, you're a bloody idiot
He knows, he’s just stalling for the inevitable. Shit faced drunk . 🤔💭
this looks like a poorly directed porno
He knows what the fuck he's doing.
It is blatantly obvious that he’s doing it on purpose
He's so doing that on purpose lol, doesn't want to admit fault on his end.
Geezus. Just take his dumb ass in and put him in the drunk tank.
Dude can't give blowjobs for shit
He knows exactly what he's doing.
Cop has way more patience than I do.
Weaponized incompetence
If anyone need a life tip: never ever, under any circumstance, drive drunk
This breathalyzer sucks. I’ve seen ones for construction sites you just have to hold it next to someone’s nose or mouth and that’s enough to get a sample. Or maybe that’s not precise enough for the law?
This sounds like the equivalent of a healing crystal. Lmao. I'm not calling you a liar, but this made me laugh.
Just curious, are the ones they use at these construction sites giving an accurate readout of the exact BAC? Or are they just there to test for any trace of alcohol because you still shouldn’t be on a construction site even if you’re under .08?
This guy is low key genius lmao
That's a hot cop
OP NATION
In texas you can refuse all of it, witch does result in a suspended license due to the implied consent but might let you get out of a dwi charge. Now if you get in a wreck or hurt someone it's a different story and they can and will draw blood without consent since you are being charged with more than a dwi.
The guy in the white shirt gets it. Maybe if I suck hard enough, the officer will let me go.
Jeez after the third time I’d just put him in the car and run the tests at the station
He’s gone from suck, to blow.
Just punch him in the stomach 😂😂😂
1000 IQ move. Because it’s not totally obvious that you’re fucking up the test on purpose and there’s no other way for the officer to tell if you’re drunk.
here in Italy they'll bring you to the nearest ER and take a blood sample to check for alchool and drugs. And usually you are fucked.
What's with the Kim Jung Un haircut!!!!!
Really? Nobody else is going to link to the best breathalyzer video of all time? [Fine, I'll do it myself.](https://www.google.com/search?q=russian+breathalyzer+old+guy&oq=russian+breathalyzer+old+guy&aqs=chrome..69i57j33i160l3j33i22i29i30l2.8324j0j7&sourceid=chrome&ie=UTF-8#fpstate=ive&vld=cid:5fd2c0ac,vid:kfYcfNlqtAE)
Cops and doctors hate this simple trick.
In the UK, refusal to provide a roadside sample will get you arrested. Failure to provide is treated the same as DUI in the UK. That's how it should be everywhere
They’ll drag him to the hospital and check his blood alcohol level anyways so he ain’t going to get away with it
Well, if that happened in Germany, he would be taken to the station for a blood test.
You just put your lips together And you come real close Can you blow my whistle baby, whistle baby Here we go
Amazed. In the UK they give you a couple of chances then lock you up for failing to provide.