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Old 02-06-2013, 07:22 PM  
ZepSinger ZepSinger is offline
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Hi, I'm Zepsinger. I just had my first Field Sobriety Test.

So I'm pulling into Lansing KS last Saturday night at about 6pm... my band had a gig at a local bar just east of Leavenworth. I look in the rearview mirror and see the cop cherries- crap.

So, I pull over. Cop asks me like 3 times where I'm from and where I'm going- it seemed pretty obvious he was trying to catch me in a non-truth. Tells me he clocked me at 60 in a 50. OK, not the end of the world- I've had more than a few of those in my time.

Suddenly, he says 'sir, have you had any alcohol tonight? I smell alcohol on your breath.' I say no, then remember that I had had one 12oz. beer with pizza at 2:30. So I tell him as much. Then- 'sir, you'll need to step out of your car'. And then I get the battery of tests- follow the little blue light with my eyes, heel-to-toe 9 steps out and back, lift one foot with arms at the side while counting (by the way- those tests are fairly hard to do even when stone cold sober IMO). Backup arrives. Here comes the breathalyzer. He informs me that I can refuse to take the test, but doing so carries a charge in itself. I know I have nothing to worry about, so I say sure. He then says to wait in my car for the results.

I text the other guitarist to tell him I might be late. Or I might not be able to be there at all. The cop comes back and says 'your BAC is less than .01. KS legal limit is .08. You are obviously well under the limit. But here's your speeding ticket. Have a good evening.'

57 years old and my first field sobriety test. Even though I knew I was going to be OK, it still freaked me out a bit(and sorta ruined my night). I dunno, I've heard from many people that you should never submit to these tests- being a FST virgin, I just didn't know what to do for sure. I knew I wasn't going to test drunk, so I felt pretty safe in taking the test. Maybe that was stupid, I don't know. I'm assuming that some of you CP'ers have experienced this honor as well? What have you done in this situation?

Z

Last edited by ZepSinger; 02-06-2013 at 07:31 PM..
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Old 02-06-2013, 10:03 PM   #31
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(All together): Hi, ZepSinger.

This next part isn't necessarily directed to you since you were nowhere near the limit, but...

I don't know about the law where you are, but Coloradans cannot be compelled to perform field sobriety tests. If you think you might be near the limit, it's just nonsensical to do stupid, drunk human tricks for the policeman's camera. The cop is not there to make sure you're sober enough to drive. He's there to make sure that he gathers enough evidence to convict you at trial. Politely decline roadside tests. Always.
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Old 02-06-2013, 10:34 PM   #32
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Never, ever, EVER tell a cop you've had anything to drink if they pull you over. Instant probable cause. They will immediately pull you out of the car and give you the FST.
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Old 02-06-2013, 10:54 PM   #33
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Well, just an FYI, whenever you do drive through Lansing, Kansas, the police there are very STRICT when it comes to the speed limit. So if the limit is 40, I'd drive 35.
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Old 02-06-2013, 11:55 PM   #34
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When I was young and dumb I got pulled over after my GF at the time nagging mom insisted that I take her daughter home even though she knew we had been drinking. She didn't live far from where I was at so I did it and what do you know I got pulled over about 2 miles after I dropped her. Cop was a total dick I was 18 and was leaving for basic training in a few months I never Admited to drinking and I had only had 2-3 if I remember correctly but being 18 and scared shitless I did all the test passed them all then at the end the cop said well you seem fine but one more thing and told me about the breathalyzer so I said ok cuz in Kansas your ****ed and lose your license if you do plus I figured I'd might blow under anyways I can't remember what I blew on the thing but the dick called the bat-van out to the scene wich is the mobile blood alch tester. I blew a .08 so basically I was fine except I wasn't 21 and I mentioned the cop being a dick because if he would have just took me DT by the time I got there I probably would have passed the test after processing or if I had just refused the test and then took it Down town I would have been fine. I'm not a fan of thinking you should get away with anything just because of your military back ground but Jesus for an 18yr old kid who passed the field test and was leaving for the army in a few months during a conflict the guy sure did everything in his power to ensure that I was ****ed. It wasn't like I didn't have other options I went to a college prep private school and had grades for college

I ended up getting the option to either do the two days in jail and pay the fine or get on diversion and not be cleared for the army. I picked the jail time.

Yea that's right I went to jail to join the Army haha what a sucker right? Basically this left a bad taste in my mouth about the po po and what was my luck I ended up in a military police unit the entire 6 years I was in. HA
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Old 02-07-2013, 12:23 AM   #35
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I've gone through it at a check point the week after I turned 21. Only had 2 beers so I was fine, but it's still a scary process. Especially when you just turned 21.
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Old 02-07-2013, 02:19 AM   #36
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I did the side of the road circus act as a teenager with 4 squad cars as an audience. Apparently, they had been looking for me for several hours and weren't happy about a dumb shit teenager out smarting them earlier in the night. Those tests are hard enough, but doing them in the middle of a squad car headlight circle on an inclined on ramp makes you sweat like a whore in church.

I answered "How much have you had to drink tonight" with "Absolutely nothing", which was the ****ing truth, and it went down hill from there. They found shit in that 4 door truck cab and tool box I didn't even know I still had and scared the living shit out of the girlfriend I had with me. One of the poor bastards even sorted through what must have been 200 empty pop cans, beer cans, and beer bottles in the back trying to earn me a minor in possession. It took over an hour before I got the "Have a nice morning & drive safe" from the only one of the bunch that was respectful.

I don't believe I broke a single law that night and could have saved myself a lot of harassment if I had even had a basic understanding of how to handle the situation.
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Old 02-07-2013, 03:53 AM   #37
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the tests are stupid. Around these parts if you get pulled over for anything, you blow into the breathylizer. That's it. If you're under 0.05 you're good to go and If you aren't, you have a problem.
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Old 02-07-2013, 07:19 AM   #38
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Well, just an FYI, whenever you do drive through Lansing, Kansas, the police there are very STRICT when it comes to the speed limit. So if the limit is 40, I'd drive 35.
I grew up there the police and city like to f*** with all the non locals and give them tickets. This has been going on for about 40 years. Besides that they have to find a way to fund all the police cars the police keep wrecking.
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Old 02-07-2013, 09:04 AM   #39
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only once...1979. pulled over because a guy riding w/me was drunk, hanging out the window hollering at some girls. did all the tests and failed. cops cuffed me and took me to the station to blow. i'd only been off work for about 20 minutes and hadn't drank anything. they let me go. i was just a kid, so i was more scared than pissed.

the kicker was, while they hauled my ass to the station, the dumbasses let the drunk kid follow, driving my car.
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Old 02-07-2013, 09:14 AM   #40
Rausch Rausch is offline
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If you refuse the test in Kansas, you're going to be treated the same as if you were found to be DUI. Suspended license, fines, etc.
Same in Mo. If you deny the test (even stone sober) you lose your license for a year.

Only here they can get a quick warrant over the radio/computer in the car and force you to have a blood draw. Those are less fun.

They'll find your "true" BAC (more reliable than the breath test) and then you'll have that suspension added to the year.

Here, it's not worth it do decline unless you think the 1/2 hour to an hour it takes to draw blood will help you...
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Old 02-07-2013, 09:16 AM   #41
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I watched an interesting vid on youtube a long time ago where basically there was a group of people filing suit against a police department, claiming the FST (touch your nose, say the alphabet backwards etc) is bullshit since there is no baseline to compare against. And these were all people without DWIs.

then theywent on about the legality of breathalyzers/refusal to blow into them.

I didn't necessarily agree with all their points, but they were very intresting to listen to; they made a very compelling case.
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Old 02-07-2013, 09:18 AM   #42
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This Saturday night a few of us are going to a small bar to watch a random band. I'm the DD. So I won't have to worry about it on Saturday woo hoo.

(sticking with the 90 Day Sobriety Challenge))
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Old 02-07-2013, 09:52 AM   #43
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I watched an interesting vid on youtube a long time ago where basically there was a group of people filing suit against a police department, claiming the FST (touch your nose, say the alphabet backwards etc) is bullshit since there is no baseline to compare against. And these were all people without DWIs.

then theywent on about the legality of breathalyzers/refusal to blow into them.

I didn't necessarily agree with all their points, but they were very intresting to listen to; they made a very compelling case.
I can't do the Alphabet backwards when I am straight let alone drunk.
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Old 02-07-2013, 09:59 AM   #44
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Old 02-07-2013, 10:40 AM   #45
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I can't do the Alphabet backwards when I am straight let alone drunk.
shit, me either.
lol
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