logicallefty
Moderator
Bible_Belt said:I think he means declining the roadside sobriety test - walk a line, stand on one foot, etc., in favor of blowing the portable breathalyzer instead. You can decline one test to take another.
In Illinois, you may decline all tests, but they suspend your license for 1 year instead of the six months it gets suspended for DUI. Lawyers I know usually say to decline the tests when you think you might fail; it gives them a better chance to beat the dui charge due to lack of evidence. However, beating the criminal charge is a separate issue from the license suspension, which is an administrative action and almost impossible to beat.
I've always been told to decline the portable breathalyzer, and ask to be tested with the real one at the station. It's more accurate, and they have to take you to it. Unless you just slammed a bunch of booze that hasn't hit you yet, time will make your bac reading go down. The downside is that they will likely get to impound and tow your car.
I was with my gf one night when she got a dui after blowing .07 - Illinois advertises that .08 gets you a dui. Well so does .07 if they are in the mood to write it. Writing the ticket is at the officer's discretion, regardless of what you blow on the breathalyzer.
You are exactly right about the breathalyzer at the station being more accurate, and often times too, the portable one isn't court admissible.
The only purpose for the fields tests like the walk and turn, horozontal nystagmus of the eyes, one leg stand, etc. are so the cop can build more evidence against you. What you blow in a *court admissable* breathalyzer is really what matters..
Bible, I had a guy pulled over one night just like your GF, he blew a 0.07. He failed the other tests I gave him. I had him on video prior to the stop completely driving all over the road in a very dangerous manor.
What did I do? First, I had to argue for about 5 minutes with a Sr. officer who wanted to arrest him and be done. I was actually somewhat of a rookie back then, but it was 100% my stop/my call. The other officer finally saw it my way, and here is what I did.
I told the guy he was too dangerous to drive, and I would not let him get back behind the wheel tonight, but I would let him call for a ride to come get him and his car. He sat there in his car for about 90 minutes waiting on his ride. I took his keys and told him to call my cell when his ride got there. I came by a few times to check on him, and even brought him a soda from the gas station. His ride got there eventually and yeah needless to say everybody won that night. He didn't get DUI, nor did he keep driving and endanger others. I was pretty happy that I stood my ground with the other officer not to arrest.