Why don't US police have breathalyzers?
Posted by Plane_Garbage@reddit | AskAnAmerican | View on Reddit | 177 comments
In Australia, police carry a breathalyzer: you breathe into the device and it returns a blood alcohol reading.
I've seen hundreds of videos of US police getting people to do weird ass games to prove they aren't drunk. Why not just use a breathalyzer?
ComprehensiveDeer56@reddit
we do: we do the SFSTs first, then the breathalyzer. it gives us probable cause to use it. we invented it in Chicago. the reason we only post photos of the SFSTs is because they're entertaining. the breathalyzer is boring compared to our SFSTs. with all due respect, as an American who tries to be chill with other countries, please fact check your posts before putting them up.
G17Gen3@reddit
Why in the world are you watching "hundreds of videos" of drunk driving arrests in another country?
That seems so bizarre. You might as well be saying that you watch hundreds of videos of beekeeping in Slovenia.
Plane_Garbage@reddit (OP)
Over the past 20 years
ClickClick_Boom@reddit
Honestly I find it impossible to believe a drunk driving arrest video enthusiast with 20 years of experience like yourself has never seen a breathalyzer test in a video or even heard the cop mention it. You're not being genuine.
Plane_Garbage@reddit (OP)
Isn't one of the main complaints in this thread that this question gets asked regularly?
ClickClick_Boom@reddit
What does that have to do with what I said?
Plane_Garbage@reddit (OP)
Americans in this thread say it's a common occurrence that others don't know breathalyzers are used in DUIs in the USA. Perhaps it is indeed possible I didn't know...
ClickClick_Boom@reddit
Yeah but you have 20 years experience watching hundreds of videos of DUI arrests in America.
Plane_Garbage@reddit (OP)
You had me second guessing myself. So I did a quick scroll on YouTube, I'm sure you could find one but the ones I found they did the test and then were arrested.
No doubting that a breathalyzer occurs... But to most we wouldn't know breathalyzers are common (as evidenced by the responses in this thread)
GreenBeanTM@reddit
Do you watch videos of someone walking through a glass door normally, or a video of someone walking face first into a glass door?
Same concept, interesting things are posted, no one cares about normal things happening.
Plane_Garbage@reddit (OP)
Hence the thread
GreenBeanTM@reddit
Oh my god, you mean there’s a device that definitely wasn’t invented in the US that can tell you how drunk someone is? That’s amazing! Too bad we’re so stupid that we don’t bother to learn about the amazing technology found in other countries!
That’s the answer you wanted right?
donuttrackme@reddit
Why do you think US police don't?
Plane_Garbage@reddit (OP)
I've seen 3 videos in the last day where police have asked the person to do crazy instructions.
One was insane - some guy on a boat with the most ridiculous set of instructions.
In Australia, they just give you a breathalyzer and away you go.
ENovi@reddit
I know this isn’t the point but why are you watching a bunch of videos about sobriety checks in the United States?
Plane_Garbage@reddit (OP)
Reddit - it comes up a lot suprisingly on popular.
One was a guy on a boat, another was an ICE guy, can't remember the third.
GreenBeanTM@reddit
It comes up a lot because you watch and interact with the posts.
donuttrackme@reddit
Why don't you just Google US breathalyzer test?
ClickClick_Boom@reddit
Because he wanted to feel superior to those dumb Americans so he just had to make a post about it.
OhThrowed@reddit
No shit. They do that here too. You know why those aren't in videos? Because its boring. Have an ounce of media literacy. Please.
Grunt08@reddit
It's so weird how you know things that aren't true.
MrLongWalk@reddit
As an Aussie this is the cornerstone of their culture
GreenBeanTM@reddit
Nah, they did actually comment, they just also refused to believe they’re wrong.
Yankee_chef_nen@reddit
OP is Australian, that often makes one an expert on America.
pzoony@reddit
In fairness, I consider myself an Australian expert after watching Crocodile Dundee. I AND II!
JesusStarbox@reddit
I saw Young Einstein, and all of the Mad Max movies. I'm an expert, too.
ZombieLizLemon@reddit
I ate at an Outback Steakhouse. I'm now an expert on all Aussie cuisine.
pzoony@reddit
Come on now, Young Einstein was Tasmania!
JesusStarbox@reddit
Isn't Tasmania one of the places Australians is from?
pzoony@reddit
Well, yes. I guess so. Hell I don’t know, I never claimed to be an expert
o93mink@reddit
Imagine watching hundreds of videos about something so mundane about a foreign country.
OhThrowed@reddit
I am completely unsurprised.
_badwithcomputer@reddit
Why don't US police use radar guns to measure speed??? America is so backwards and primitive!!
ClickClick_Boom@reddit
American cops just use police intuition to measure speed, what a 3rd world country in a gucci belt.
GeneralPatton94@reddit
Why is it always Australians that ask this? I don’t think I’ve seen a non Aussie ask this question.
Plane_Garbage@reddit (OP)
We don't have the walk the line/touch the nose tests but see them on Reddit a lot.
If we get pulled over, it's pretty common to be given a breathalyzer. Probably once a year for most people, sometimes you must get a few in a year.
But we see lots of videos on Reddit with sobriety tests (ive seen 3 in the last couple of days, prompting the question).
-Moose_Soup-@reddit
Who the hell gets pulled over that often?
Plane_Garbage@reddit (OP)
They often set up on the side of local roads. A police officer will step out from behind a car and stop a stream of traffic, breathalyze each one. Then they step behind the car again, and wait for another stream.
Sometimes there is a whole booze bus setup where the whole street is shut down and each car that passes through is breathalyzed and sometimes drug tested.
So it's not always being pulled over, generally it's just driving and then having a RBT setup
ngshafer@reddit
Wow!
That would be ... SUPER unconstitutional in America!
Lower_Neck_1432@reddit
Hence, the reason this is Australia.
reyadeyat@reddit
It's legal for police to set up DUI checkpoints in 38 states.
Lower_Neck_1432@reddit
And I assume that the police are not required to announce them to the locality - which is a requirement for most US cities.
-Moose_Soup-@reddit
It must be much more common there. I'm almost 35, have been driving for 19 years, and I have been through two DUI checkpoints in my life and didn't get breathalyzed in either of them because there was no reason to think I was drinking. They just checked that everything was legal and let me go both times. I'm sure if they smelled alcohol or something, they would have had me blow.
Plane_Garbage@reddit (OP)
Yea seems like it. They are truly random, like everyone gets tested. Here is an example of a larger setup, most of the time it's just one or two cops on the side of a backroad.
https://www.youtube.com/watch?v=DRNrFVwI7Ic
cdb03b@reddit
That type of set up is illegal in many States.
-Moose_Soup-@reddit
That smaller last one seems more familiar to me, but I have only ever seen them at night. Seeing them during the day is the odd part for me. Both times that I was stopped at one, it was past midnight, and they were both set up strategically so that by the time you see the checkpoint, there was nowhere else to go.
One time, they just checked my documents, had me test all of my lights, and then sent me on my way. Another time, when I was around 19, I got off an interstate off-ramp and got stopped at a checkpoint. I lied and said I didn't have my proof of insurance because I had a giant steamroller pipe in my glove compartment and didn't want to open it. It wasn't a big deal, though. I just had to go to the courthouse and show proof I had insurance on the day I was pulled over.
therealjerseytom@reddit
How often do you get pulled over?? I'm 40, been pulled over maybe a grand total of a half dozen times. Never been given any sort of sobriety or breathalyzer test.
Lower_Neck_1432@reddit
Aussie police LOVE putting up spot driver checks, and I don't think they are required to announce where they will set them up, so you probably have a greater chance of driving into one than in the US.
Ok-Grand-8594@reddit
I'm 41 and I've only been pulled over twice, both times for a malfunctioning tail light.
bearsnchairs@reddit
How do they test for drugs besides alcohol?
Plane_Garbage@reddit (OP)
There's a mouth swab that they can do but I think I've only had it once at a big booze bus stop.
ENovi@reddit
I’m not a lawyer so I’m sure there are exceptions but overall it would be highly illegal for law enforcement to randomly make you submit to a swab/scrape. I’d go so far as to say that they’d need a court order or warrant for that though again, there are probably rare exceptions. This might help give you a better understanding of how it works here.
GhostOfJamesStrang@reddit
That is absurd.
Plane_Garbage@reddit (OP)
It's pretty common.
They are called RBTs - Random Breath Tests. They happen on local roads all the time - sometimes at night, sometimes in the morning, sometimes at any random time. Sometimes they do drug testing too.
We have a whole TV show about it - RBT Australia. Here's a full episode, enjoy: https://www.youtube.com/watch?v=yJkAojipsKc
baalroo@reddit
That's illegal here, it's considered an illegal search.
A cop has to have probably cause to search you, they can't just demand you let them examine your personal items and body because they feel like it.
ENovi@reddit
A while ago there was a German guy here asking the same question (why do so many foreigners watch DUI videos from America?) and he was not understanding this concept at all. At one point he was saying how police can randomly test people going to a festival to see if they’re high/drunk.
Now I can’t verify how true or common that is because I couldn’t give less of a shit about how another country’s police force tests for sobriety but even that concept is anathema to Americans. I suppose that someone coming from a country without that concept then the breathalyzer thing can seem weird but here it’s our 4th amendment right that we can’t be randomly stopped by the police. If a cop doesn’t have probable cause or a warrant then it’s our constitutional right to tell them to suck our asses.
GhostOfJamesStrang@reddit
I'm good. That sounds incredibly tedious.
Plane_Garbage@reddit (OP)
It's a really fun format. They video the suspected drunk before the breathalyzer result is shown, and it becomes a bit of a game to guess how drunk (or not) they are.
Back in the day it was a lot of fun.
TheBimpo@reddit
We have completely different laws regarding due process.
SiloueOfUlrin@reddit
They do, I think they usually play those games to get them arrested so they can meet their quota
amcjkelly@reddit
This is going to be hard to get, but COPS in the US can't just do what they want.
In every situation they have rules to follow and constitutional protections attach to each step.
They can't just pull you over and give you a breath test.
First, they have to see you drive badly, then pull you over. Then Observe that you seem drunk, and then ask you to step out and walk the drunk test, and if you fail ALL of that they get to give you the breath test.
Any step missed, conviction is tossed. Just like if they fail to read you your rights when they arrest you.
Specific-Peanut-8867@reddit
They do they’re just not in every vehicle
And they give them a sobriety test before they have them blow…
cbrooks97@reddit
In my state, at least, those portable breathalyzers aren't considered reliable enough for admission into court. Video of a guy who can't walk in a straight line is. Source: the ADA on a case where I was on the jury.
Far-Egg3571@reddit
All police have them in my experience. You have the right to refuse them. You can also refuse the field sobriety tests. At that point you will be detained and blood will be taken and tested at the overnight jail. Breathalyzer can also be fooled. Drink one full size MONSTER energy drink and you will blow over the legal limit.
Prince_b1127@reddit
They do
OhThrowed@reddit
Top, correct answer. OP will ignore it.
Plane_Garbage@reddit (OP)
No, it's actually been pretty eye-opening.
Three main themes:
1) Random breath tests aren't a thing in America.
2) Breathalyzers are used, but only after the walk-the-line style tests.
3) Responding to any comment gets downvoted.
OhThrowed@reddit
2 is incorrect. Many a stop is just a breathalyzer, they don't get videos.
3 is because this sub has zero patience for this question which is asked constantly and usually by Australians confident that they are correct.
Plane_Garbage@reddit (OP)
Not having a go, but for #2 - in this thread there has been quite a few comments saying:
Typically, they use the field sobriety test first so that they have probable cause for the breathalyzer.
vwsslr200@reddit
You have it pretty much correct. It's relatively common for cops to carry a portable breathalyzer - but they're nearly always used to supplement the field sobriety test, not in lieu of it. Contrary to what the person you're replying to it saying, I've never heard of it going otherwise. US courts are very skeptical of portable breathalyzers, so cops do the field sobriety test to minimize the risk of their arrest being ruled illegal.
Another thing the US does differently than many countries is that every step of the law enforcement process has to be done correctly and legally in order for a case to hold. If a cop arrests someone for DUI and the arrest was later deemed to be illegal - even if that person then failed the court-admissible in-station breathalyzer test - the whole case gets thrown out. So cops have to make sure the grounds for even just the initial arrest are rock solid.
Keep in mind these threads always have a ton of confidently incorrect answers, so take many with a grain of salt. For example, many are saying that there are automatic driver's license suspension penalties for refusing a breathalyzer, or that the field sobriety test is required to gain probable cause before using the breathalyzer. These claims only apply to the in-station breathalyzer. There is no probable cause needed for a cop to ask someone to take a portable breathalyzer, nor is there any official penalty for refusing one (though it strengthens the cop's case for arresting you).
AtlasThe1st@reddit
Whats it called again? Fruit of the poisoned tree or something? When good evidence has to be thrown out because it was illegally obtained?
AtlasThe1st@reddit
Police need probably cause for a breathalyzer. That doesnt mean they cant do one with the consent of the driver, though. Imagine something like this:
Scenario A: - Man is drunk - Man is pulled over, doesnt want to let on he is drunk - Cop suspects alcohol, man is uncooperative - Cop performs a field sobriety test to obtain cause because man knows he will blow high, so he refuses - Cop now has cause and can do a breathalyzer regardless, finds man is drunk, and arrests him
Scenario B: - Man is NOT drunk - Man is pulled over - Cop suspects alcohol, man is cooperative - Man just says to do a breathalyzer to prove he is not drunk, this is consent - Man blows a zero, and is let go from the stop
B is obviously much more bland, and therefore, you arent going to see it talked about.
Its also worth noting that "random tests" are VERY illegal in the US, and police require a reason to stop someone (i.e. they were swerving).
OhThrowed@reddit
Sure, and that's true as well. But there are also a metric ton of stop, breathe, arrest/let go. There isn't an absolute, no "always in this manner"
3 is just being tired of being asked the same question, always prompted by some video that the algorithm has shown and always accompanied by a weird blind belief that the video isn't exaggerated at all or leaving out boring bits.
vwsslr200@reddit
Do you have just one example video of a DUI arrest being done with a a portable breathalyzer and no field sobriety test? I've never heard of that happening, but the US is a big place so I'm happy to be proven wrong.
ClickClick_Boom@reddit
I've seen it on COPS a dick-ton of times. But I can't just pull the episode numbers out of my ass to find you the clips.
OhThrowed@reddit
I sure don't. I don't watch those videos or seek them out. All I can give you is an anecdote. Where I got pulled over, blew the dang thing and then drove off as it cleared me.
vwsslr200@reddit
OK that's a good anecdote, it is contrary to the apparent norm of field sobriety first, then DUI.
I strongly suspect they would have done a field sobriety test had you blown high.
Flimsy_Security_3866@reddit
You do realize that Australian police (along with any other countries) have arrested diabetics because they did a breathalyzer test and the diabetic failed it.
ENovi@reddit
DWI (driving with insulin)
Perdendosi@reddit
No, random breath tests aren't a thing in america. That violates the Fourth amendment.
Sometimes breathalyzers are used first, but portable breath test breathalyzers are not reliable. As a result, officers are nervous about arresting someone on the basis of a portable breath test. If you make them do the other field tests, Walk the line, touch your nose, say the alphabet, and check your eyes, that reinforces the breath test. It also helps to check for impairment that's not related to alcohol intoxication but intoxication on marijuana, prescription medication, or other things.
Sorry that's happening to you
DJPaige01@reddit
When I was younger a group of county police set up a road block right outside of a night club. The owner of the club, told everyone in the crowd what was going on and asked that no one leave. He stopped serving alcohol, and called his lawyer at 1 a.m. He turned the bright lights on, put out peanuts and chips, and the band kept playing until his attorney got a judge on the phone. The judge said the situation was entrapment, and the cops left. The owner still he asked everyone who was sober to please drive their friends home. I was the DD for my group, but I could legally fit two more people in my car, which I did. It was just another crazy night in a small southern town in the 1980s.
Plane_Garbage@reddit (OP)
It's fine, it's like a minute or two once or twice a year (no sobriety test so it's super fast).
I don't actually mind it, less drink drivers the better.
Phil_ODendron@reddit
There are other substances out there that can get you fucked up that are not alcohol. A breathalyzer measures breath alcohol content. You can be high on meth and it wont set a breathalyzer off.
The others tests are secondary to test if you are impaired on something else. A breathalyzer would almost always be done before any other tests. Every cop has a breathalyzer in the car.
porygonsnooze@reddit
most people in this subreddit are blatant chauvinists who assume any foreigner who asks a simple question thinks all americans eat babies
Littleboypurple@reddit
Can the Mods just add this question to the FAQ now? I swear we get this exact question every couple of weeks from people believing breathalyzers don't exist in the US when we literally fucking invented them.
Kevin7650@reddit
You really couldn’t just search this on Google and instead had to put this silliness on display lmao
ENovi@reddit
Or even just search this sub. I’ll forever be fascinated by how often someone comes here and asks some variation of “I just watched hours of random police videos from another country for some reason and now I’m an expert on the subject. Why don’t you use breathalyzers?” The answers never change but the questions just keep coming.
cdb03b@reddit
They do.
They do the field sobriety tests in addition to breathalyzers. The reason for this is that they need probable cause to use the breathalyzer, and the tests can help them determine impairment that is not detected by breathalyzers such as that from various drugs or even medical conditions.
DJPaige01@reddit
Probable cause is a big deal in the US. You can't just pull someone over and force them to take a breathalyzer. Law enforcement need to observe some sort of driving infraction, weaving or erratic driving. Then they have the right to pull the driver over. If they smell alcohol or notice the driver acting in a way that seems odd, they will ask for a "field sobriety test." If the person fails the field test, then officer will request the driver take a breathalyzer. If the driver fails the field sobriety test the cop may, and refuses to take a breathalyzer, they will be arrested and mirandized.
jrhawk42@reddit
So, in the US, the police need to have a reason to accuse a suspect. Each thing requires a step leading up to an arrest.
First, the police need a reason to pull you over. Typically, this is eratic driving.
Then, they need a reason to suspect you're impaired. They ask if you've been drinking or state they can smell alcohol.
Then they need a reason to believe you are impaired enough to impact your driving. Field sobriety test.
Then they can give you a breathalyzer test and arrest you. A lot of these steps are stupid because a cop could just lie at each step and get to the breathalyzer (and most do), but they do slow the process down enough cops won't try to just breathalyzer everybody all the time trying to get their DUI numbers up.
Plane_Garbage@reddit (OP)
So is there no random breathalyzer stops?
In Australia, it's relatively common to have have a cop pull over every car (stand in the middle of the road) and just breathalyze each one.
Sometimes we have "booze buses" where there is a full set up of cops.
itsjustmo_@reddit
We have DUI checkpoints. The difference is that they stop everyone who goes through, but can still only breathalyze the people who fail the prior steps. I live in a college town so I go through them about as often as you do. I've only had to do a breathalyzer once. My passengers were all very drunk so they wanted to make sure the booze they could smell wasn't coming from me.
TheBimpo@reddit
Different states have different laws. Just as we have very different laws for due process than you do in Australia.
jrhawk42@reddit
There are but they also have to go through a process. They can't just breathalyzer every driver that goes through.
Financial_Month_3475@reddit
Some jurisdictions allow sobriety checkpoints, but police cannot utilize a breathalyzer at random. They basically just see if the guy smells of alcohol or is slurring words. If not, they get sent on their way.
MrLongWalk@reddit
We have sobriety checkpoints
GhostOfJamesStrang@reddit
Illegal in my state.
_Smedette_@reddit
Oh, time for this questions again?
DaughterofTarot@reddit
Where’d you get the impression they don’t?
ilikedota5@reddit
I think by the notion of why do field sobriety tests when you could just use a breathaylzer.
DameWhen@reddit
The answer being-- a person can refuse the breathalyzer.
OutrageousQuantity12@reddit
You can refuse both a FST and breathalyzer. Refusing a breathalyzer is an automatic license suspension in many states
Key-Rutabaga-767@reddit
If youre sober you should always refuse field sobriety tests, but take the preliminary breath test.
If you are drunk, you are an idiot, but refuse both and hope the blood test at the station your bac is low enough to avoid jail. Losing your license is the better option.
OutrageousQuantity12@reddit
If you’re drunk and crash into something, call the cops, sit outside of your vehicle, and start drinking something. Then when the cops come you can say “well I figured my car wasn’t drivable anymore and I’m stressed about it so I decided to have a drink while I wait”. Then they can’t prove you were drunk before you crashed.
Unfortunately this worked for one of my brother’s former friends to avoid his third DWI.
ilikedota5@reddit
I mean a jury can just call bullshit.
edman007@reddit
It's very unlikely, the bar is reasonable doubt, saying "I started drinking after the crash and all the alcohol tests are unrelated" is a whole lot of doubt when the officers are backing up those statements as true.
The prosecution has to prove he was drunk before the crash, that's a lot of work (though not impossible, finding evidence they bought 10 drinks 2 hours earlier at a local bar might do it). But if they didn't come straight from a bar that has receipts it's going to be damn near impossible to prove.
ilikedota5@reddit
Right but that's not the bar for arrest or to charge. Arrest is probable cause. Charge is
Far_Silver@reddit
Beyond all reasonable doubt is not the same thing as beyond a shadow of a doubt. People get convicted on evidence more circumstantial than that all the time.
OutrageousQuantity12@reddit
It didn’t even make it to trial due to a lack of evidence, prosecutor didn’t want to pursue it
Far_Silver@reddit
That sounds more like the prosecutor having no balls than the case being unwinnable.
ilikedota5@reddit
Right but that's a discretionary thing the prosecutor did. Cops might not be in agreement.
vwsslr200@reddit
This is only for the in-station breathalyzer - it doesn't apply to a portable breathalyzer the cop might be carrying
o93mink@reddit
Australia, being a penal colony, does not have as many civil rights because its inhabitants are already assumed to be criminals
jennyaeducan@reddit
They also need strict laws to protect citizens from drop-bear attacks.
ClickClick_Boom@reddit
What I don't understand is nearly every video with a field sobriety test I've seen includes a hand held breathalyzer test too.
GermanPayroll@reddit
Because it’s more evidence to show intoxication, which the police want
ClickClick_Boom@reddit
No, I understand why the police do both, I don't understand why non-Americans just stop watching the fucking video during the field sobriety test and assume breathalyzers are an alien technology to Americans.
Demented-Alpaca@reddit
Because videos of people blowing into a breathalyzer aren't very entertaining.
Remember, what you see on the internet is often the most sensationalized form. It may be super far from what's normal.
Also, breathalyzers can't detect things like pot or meth... driving while intoxicated is more than just drunk.
urnbabyurn@reddit
The myth is that a FST is a test like a breathalyzer where you can “pass”. It’s just a procedure for gathering more evidence of whether you are intoxicated. It either provides added evidence or it doesn’t provide evidence - it does not provide evidence of being sober.
SabresBills69@reddit
Thr police usually do but it must be recertification periodically.
They generally have much better testing at the station.
You can do a breathalyzer and not be impaired.
You can get false positives due to medication you take or other medical conditions ( acid reflux, diabetes)
Fir example I have asthma and I have an inhaler. I use inhaler right before a breathalyzer snd it tests positive
Katskit89@reddit
They do.
GhostOfJamesStrang@reddit
Why is it always Aussies that are so confident about things they "know."
TheBimpo@reddit
It’s them and the Germans
mdavis360@reddit
Whatever they see on YouTube becomes set in stone fact to them. But getting a response directly from an American on this subreddit? It will get ignored because it challenges the stone cold fact to them. I’m
travelinmatt76@reddit
They do, but in the US a breathalyzer is considered a search. And our 4th amendment protects us from searches without probable cause. Police use Standard Sobriety Field Tests to establish that probable cause. Then they can use a breathalyzer to get an idea how drunk a person it. But that only checks for alcohol, and they may be under the influence of something else. Also we don't allow breathalyzers to be used as evidence in court, so some police departments don't bother. A blood test is much more reliable.
I'm curious, when can police in Australia use a breathalyzer on you?
jayakay20@reddit
It's because every video we see is of people walking in a straight line, standing on one leg or saying the alphabet backwards
GhostOfJamesStrang@reddit
Blowing into a tube hardly makes good internet fodder....those don't get posted.
wormbreath@reddit
This should be in the FAQ by now.
ngshafer@reddit
Excuse me? We INVENTED the breathalyzer!
Plane_Garbage@reddit (OP)
Should use it.
thatsad_guy@reddit
Did you read a single comment before replying?
OhThrowed@reddit
Just gonna ignore everyone telling you we do use it?
GhostOfJamesStrang@reddit
Ironic.
ABelleWriter@reddit
You don't have to explain what a breathalyzer is, they were invented in the US and are used regularly.
Both are used in the US. You just don't see tik Toks and reals of brethylizers because it's not entertaining.
BlazerFS231@reddit
They do, but breathalyzers measure BAC.
Field sobriety tests measure impairment. Alcoholics can have a BAC way outside of legal limits while being minimally impaired.
“Lightweights” can conversely be under the legal BAC, but still impaired enough to be unsafe on the road.
Qel_Hoth@reddit
This part is irrelevant. If your BAC is above the limit, you are by definition impaired. If below the limit, you can still be impaired, which is why most lawyers recommend that you never perform FSTs because they are entirely subjective.
Tedanty@reddit
Which is maybe why alcoholics who get caught doing some dumb shit prefer a field sobriety test. They may blow over .08 if they did just a breathalyzer but if they elect to do the sobriety test instead and pass it, they might get off.
They’re actually fairly easy to pass in my limited experience. One of my best buds have been a cop for over 15 years and one night we were all hanging out and drinking pretty heavily in his backyard and just for fun he did a test on me. If he didn’t already know I was drunk, he wouldn’t have known, until he did some sort of eye test on me that I couldn’t really understand and apparently that’s a give away too.
urnbabyurn@reddit
But the law does use BAC as a sufficient condition for a DWI/DUI. So whether a heavy drinker was not as visually intoxicated is not really relevant to whether they will be arrested.
OutrageousQuantity12@reddit
I worked a drunk driving study back in college and DPS cosponsored the study to get data points of FTSs. The officer performed one on me when I came to work one day, sober as a cobra, and concluded that I was intoxicated. I demanded to use the breathalyzer, which confirmed that I wasn’t intoxicated.
NEVER consent to a FST, you can have either a dumb cop, cop who is already convinced of your guilt and will use the FST as evidence to arrest you, or a rare chance of a cool cop who will see you’re sober and let you go.
q0vneob@reddit
Good answer. Doing the field sobriety test first can also establish probable cause and require a lawful demand to do further tests like the breathalyzer or blood tests, which you could otherwise refuse, or just get arrested where you wont have a choice on any of that.
Depending on your state, refusing the FST might also mean a license suspension, which is why police often go that route first - even though its totally subjective.
Maleficent-Hawk-318@reddit
Not to mention, people drive while intoxicated on things other than alcohol. Field sobriety tests ostensibly check for all kinds of impairment, not just alcohol intoxication.
(I say "ostensibly" because there are a lot of issues with them as well but that's a whole different comment I don't feel like making lol)
ZevVeli@reddit
Police do carry breathalyzers, but people can refuse to give consent to submit to a breathalyzer. Depending on the state, this might have immediate consequences, while others might have rules where you can refuse consent at the scene, but not at the station after an arrest.
It has to deal with reasonable suspicion.
This is the purpose of the field sobriety test. If you have the option to refuse when pulled over, the cop might say, "Oh hey, I pulled you over because I suspected you of drinking and driving. I have to test you, I can either do a breathalyzer or give you a field sobriety test."
The moment you agree to the Field Test, you've basically admitted to the DUI. See, there's no actual "test" so the police can say whatever they want as "proof" that you are/were drunk.
They can even claim, "Well, I described the test, and the only reason someone would consent to it is to avoid a breathalyzer test that they knew they were going to fail. So obviously, they were drunk."
When legally, if you refuse the breathalyzer outright (even in the station following the arrest) the 5th amendment says that they can't use that against you.
Emotional_Star_7502@reddit
A couple reasons, first being that people are impaired by things other than alcohol. If a person is high on pills, the breathalyzer is pointless. The “field sobriety test” tests for impairment, regardless of what’s causing it. Second, in matters of policy, change happens slowly. When breathalyzer were first introduced, they weren’t portable. And when they were made portable, they weren’t as accurate and faced higher scrutiny in court. So many departments built protocols not relying on them. They make the arrest based on impairment based on the field sobriety test, then use a breathalyzer back at the station as further evidence to support their case.
cmiller4642@reddit
They do. Cops here will pull you over for driving erratically if they suspect you're under the influence. The field sobriety test is to see if they need you to blow in the breathalyzer.
indifferentunicorn@reddit
Alcohol is not the only way a driver might be impaired. Other substances to fuck a brother up.
dclxvi616@reddit
They have them. It’s just much easier to fabricate probable cause with a field sobriety test that can’t be beaten unless the officer wants to let you win, or a dog that’s trained to alert on command. If they start with the breathalyzer they might have to let you go.
SquashDue502@reddit
They do have breathalyzers but just because your blood alcohol level is below 0.08% doesn’t mean you’re off the hook and not a threat to people. Doing sobriety tests like walking in a straight line is a good quick way to judge if someone is able to safely drive a car.
MrLongWalk@reddit
They do
Imagine devoting this much time to something to be so stupendously wrong.
machagogo@reddit
They do.
The field sobriety test is to establish probable cause.
Just stopping someone and administering a breathalyzer/blood test is not legal in many (all?) jurisdictions.
la-anah@reddit
Breathalyzers can only measure alcohol. There is no test for being high except a field sobriety test. Sobriety tests can also determine if you are too sleepy to be driving.
shelwood46@reddit
Technology frightens and confuses us, which is why we also don't have electronic banking or electricity. (Breathalyzers were invented in Indiana.)
Arleare13@reddit
They do, in fact, have breathalyzers.
Colodanman357@reddit
They do have them. Breathalyzers don’t test for anything other than alcohol however and driving under the influence can be the influence of things other than alcohol. Even just lack of sleep or medical conditions can cause unsafe driving. That is what the roadside sobriety tests are for. It’s a both thing not a one or the other thing.
Buhos_En_Pantelones@reddit
I've seen this a bunch. The thing is, they do have breathalyzers, and as a citizen you can actually request one right away. However, here's the shitty part, that would mean if you pass, then the cop has to drop that aspect of the stop.
Sooo, they ask a bunch of leading questions and make claims that you're slurring, or wobbling, anything that is subjective that they can use to arrest you.
This is a bit of a rant, and I'm not some sort of 'fuck tha police' type, but I know that some of them do this.
Duque_de_Osuna@reddit
They do, those videos are probably from before the units became common and it is more of a “look at this dumbass try to walk a straight line” kind of thing.
Joliet-Jake@reddit
They do. Field sobriety tests demonstrate impairment.
the_real_JFK_killer@reddit
They do. The sobriety tests are for additional evidence, and because alcohol isnt the only intoxicating substance that exists
LiveMarionberry3694@reddit
There are forms of impairment other than alcohol…
borrachit0@reddit
They use field breathalyzer’s if they have it and are certified to use one. Ultimately the only breath sample that matters is the one they try to get at the station.
upvoter222@reddit
American police officers do have breathalyzers and they do use them after pulling someone over for suspected drunk driving. The "field tests" are also used because they can provide more information about the driver's mental state and they can detect impairment from drugs other than alcohol.
smcl2k@reddit
Laws vary by state - as well as BAC, some jurisdictions have specific punishments based on impairment.
ClickClick_Boom@reddit
They do
Dave_A480@reddit
They do both...
But US lawyers sometimes come up with 'gotchas' that get the brethalyzer evidence suppressed, or make it seem less credible to a jury.
So by having multiple pieces of evidence saying 'Dude was drunk', if any one piece is inadmissible or compromised, the case still holds up & the drunk-skunk still goes down for DUI.
Financial_Month_3475@reddit
Portable breathalyzers are not admissible in US courts. The roadside dance is admissible in US courts. The portable breathalyzer can be used for the officer’s personal information/knowledge, but does not establish probable cause for arrest.
Fifteen_inches@reddit
Breathalyzer is for alcohol level, the weird ass games are to determine if someone is too impaired to drive. For instance, someone may be below the legal limit on alcohol, but over the legal limit on marijuana.
Typist_Sakina@reddit
They do. Breathalyzers only work for one drug, though.
Vexonte@reddit
They do but there is a whole can of worms about legality and proof in order to convict someone of a DUI so they do those tests to have an open and shut case in court.
battleofflowers@reddit
I just love how much Australians know about America. They're such experts!
Yankee_chef_nen@reddit
Ok who had today in the pool for what this question would be asked yet again? Be sure to collect your winnings.
Meowmeowmeow31@reddit
They do. Typically, they use the field sobriety test first so that they have probable cause for the breathalyzer.
And why are you watching hundreds of videos of traffic stops?
thatsad_guy@reddit
Everyone was ready to jump on "They do" lol
Tiberius_Kilgore@reddit
They do. The reason they don’t use them is for bullshit probable cause.
GenFatAss@reddit
we do. "the weird ass games" or Field sobriety tests are for other drugs
Trappist1@reddit
Breathalyzers can have accuracy issues if they aren't calibrated properly, which normally isnt an issue, but police like to have multiple forms of evidence due to the whole "innocent until proven guilty beyond a reasonable doubt"
Grtrshop@reddit
Making someone do a sobriety test (depending on jurisdiction) can give them a chance to be let off the hook if they're still composed.
edman007@reddit
They do.
The weird ass games are because they can also arrest you because you "look" drunk, so they do that first in case the breathalyzer says you're not drunk.
Innuendo64_@reddit
They do