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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, 07:51 PM   #16
Bwana Bwana is offline
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Just found out today, only because he's insured through a subsidiary of my insurance agency. The asshole refused to give the cops any information. Now he's lying to his own insurance agent (who was shocked to know he was arrested and that their was a police report). I'm guessing this is the turd's 2nd or 3rd offense:
Awww, he sounds like a seasoned pro.
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Old 02-06-2013, 07:54 PM   #17
Cornstock Cornstock is offline
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Welcome to the club. I had one about a year ago. The test verified what I already knew, that I was well under. Still a waste of 45 min while they ran everyone's IDs for warrants or whatever they were doing.
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Old 02-06-2013, 07:55 PM   #18
Demonpenz Demonpenz is offline
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if you are drunk and you know you are ****ed. Don't say shit. Make them come in your car to get you out. Don't even nod. Don't say shit. Gives the Lawyers something to work with if you say nothing. I remember one of my friends was piss drunk and did that lawyers proved that he had a small stroke and couldn't talk. Boom!
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Old 02-06-2013, 08:24 PM   #19
MIAdragon MIAdragon is offline
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Old 02-06-2013, 08:32 PM   #20
Bump Bump is offline
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I know a lady, nicest lady I've ever met, she once got demoralized by a cop over a breathalyzer that she refused to take. She hadn't even drank that night, she just refused to take it because the cop was being an asshole I guess. Then the cop continued to be an asshole and arrested her. From her description, the cop was way out of line.

Little did he know, she was the principal of the high school and she was friends with the Chief of police. That ended badly for the asshole cop.
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Old 02-06-2013, 08:35 PM   #21
rageeumr rageeumr is offline
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These are the rules I have been given by my friends who have gotten DWI's:

1. The answer to "Have you been drinking" is ALWAYS no.

2. If you think there's a good chance you'll fail, you should refuse the test.

Like Demon said, you want to give your lawyer as much leeway as possible.

But how about we all just call cabs and not worry about it, k?
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Old 02-06-2013, 08:54 PM   #22
philfree philfree is offline
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I've been pulled over once and run through that ringer. Cop said I barely passed and sent me home. I said thank you. Truth is that I just did like five shots at the bar. Cheesy shots like carrot cakes. I had just done them though so they were not being expelled out my lungs just yet. If it would have been 15 minutes later I would have been SOL. It probably had no bearing on things but just before he got to me with the breathalizer I sucked a bunch of air in my mouth. Not my lungs! And then when they got the thing to my lips I blew hard and short from my mouth with the fresh air I'd just sucked in. Like I said it probably didn't help. That's what I did though and I went home.


That said I don't condone drinking and driving so people please don't drink and drive.
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Old 02-06-2013, 08:55 PM   #23
Chieftain58 Chieftain58 is offline
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Old 02-06-2013, 08:58 PM   #24
mlyonsd mlyonsd is offline
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This same thing happened to my wife once because she was speeding 5mph over the speed limit.

Unfortunately for her the cop smelled alcohol when the window was rolled down. Although it was me that had been drinking and she was driving. She's still pissed off about it 5 years later.
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Old 02-06-2013, 09:11 PM   #25
ReynardMuldrake ReynardMuldrake is offline
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When I was young and stupid I blew through a stop sign on the way home from a bar when there was no one around, got caught. I passed a FST even though I'm pretty sure I was close to the limit. Got a ticket for the stop sign though. Scared the shit out of me.
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Old 02-06-2013, 09:27 PM   #26
Brock Brock is offline
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Originally Posted by rageeumr View Post
These are the rules I have been given by my friends who have gotten DWI's:

1. The answer to "Have you been drinking" is ALWAYS no.

2. If you think there's a good chance you'll fail, you should refuse the test.

Like Demon said, you want to give your lawyer as much leeway as possible.

But how about we all just call cabs and not worry about it, k?
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.

I have refused to perform the physical testing simply because I don't feel obligated to jump through hoops for them. Just give me the damn blower and let's get it over with.
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Old 02-06-2013, 09:41 PM   #27
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I've been pulled over once and run through that ringer. Cop said I barely passed and sent me home. I said thank you. Truth is that I just did like five shots at the bar. Cheesy shots like carrot cakes. I had just done them though so they were not being expelled out my lungs just yet. If it would have been 15 minutes later I would have been SOL. It probably had no bearing on things but just before he got to me with the breathalizer I sucked a bunch of air in my mouth. Not my lungs! And then when they got the thing to my lips I blew hard and short from my mouth with the fresh air I'd just sucked in. Like I said it probably didn't help. That's what I did though and I went home.


That said I don't condone drinking and driving so people please don't drink and drive.
I've did that (taken air into my mouth) to see how it'd impact a test at a party (my cousin is safety director for a company and has all the equipment) and it made a big difference...like .04...was pretty amazed. Not saying everyone would get that big of a difference, but if you're borderline...
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Old 02-06-2013, 09:50 PM   #28
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I've did that (taken air into my mouth) to see how it'd impact a test at a party (my cousin is safety director for a company and has all the equipment) and it made a big difference...like .04...was pretty amazed. Not saying everyone would get that big of a difference, but if you're borderline...
As I drove home I felt blessed more then clever.
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Old 02-06-2013, 09:52 PM   #29
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Originally Posted by ZepSinger View Post
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
First of all I'd never tell a cop I was drinking.....that will 100% of the time alert them to do more testing....just tell them up front to do the breathlyzer up front before they get into the testing bullshit that are designed to make you fail because they will give you "loaded directions" and they do that shit on purpose. If they know you're willing to do the breathlyzer up front without waisting their time....they're more likely to let you go.
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Old 02-06-2013, 09:57 PM   #30
DaveNull DaveNull is offline
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Fight the ticket and make the asshole show up in court to testify against you.

And if I get pulled over, I'm not doing anything until my lawyer is on-site where I've been pulled over or at the station. Not answering questions, not doing any field sobriety dance and not using some untested uncalibrated breathalyzer.
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