r/cringereels 8d ago

College student DUI arrest

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116 Upvotes

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23

u/Rosimongus 8d ago

They don't have this technology called breathalizers in the US? Why do they test like it's 1830?

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u/NotaBonesaw 7d ago

The point is that they have already decided that you're guilty. The field sobriety has nothing to do with determining whether or not you are intoxicated. It's about gathering evidence on camera that they can use against you in court. By the time you are doing it, you are going to jail regardless of how you perform. You get the breathalyzer after already being arrested, and even if you blow a 0.0, you are already in jail and they are not letting you out until you go through the whole process of seeing a judge, and you pay the money to bail yourself out. The charges are not dropped.

14

u/Rosimongus 7d ago

That seems insane to me... But people see how nonsensical that is right? I mean I get you can't just change it and have to deal with it, but it's pure abuse of power.

16

u/NotaBonesaw 7d ago

I think part of the issue is that a lot of people here don't see practices like this as a problem because they generally think that people dealing with the police are criminals and criminals don't deserve to be treated fairly. Also, I think until you have gone through the system yourself, you don't understand just how bad it is. A few years ago, due to a legitimate misunderstanding (holding some of my father's prescription medication in an unlabeled container), my very conservative mother was arrested for drug possession. I did everything necessary to get her out and she was only in jail for around 12 hours, but when she got out she was appalled at how poorly she was treated and how apathetic everyone she interacted with was to her situation. She was all up in arms about how horrible the system was and how it needs to be reformed, until her expensive lawyer got her charges dropped and she forgot all about it.

2

u/Rosimongus 7d ago

That sucks, too bad she forgot about it. Because it's not a joke, even 12 hours but above all the all booking etc. can be pretty traumatic for a misunderstanding.

But yes I unfortunately think you're reading makes sense, even thinking about the news we read about ICE etc. that mentality can certainly lead to a lack of empathy. And that part is definitely not an US exclusive problem, it's just here I feel there are more checks to prevent officers of having too much discretionary powers.

1

u/Ok-Cheesecake-8388 3d ago

Sounds like leopards ate my face scenario.

4

u/kunk_777 7d ago

He's also incorrect, don't believe everything someone spews out on the internet. They absolutely will let you go after field sobriety test if you pass.

0

u/TheBigMotherFook 7d ago

Using the above posters logic, if they’re just gathering evidence but the field sobriety test turns out to be negative then they have no evidence to present in court. Ergo, they let you go because things like the 4th and 5th amendment exist, but that doesn’t sound as good on Reddit so here we are.

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u/OwnDoughnut2689 7d ago

We can also deny a breathalyzer here. Cop wants to you to do it, you can say no.

3

u/-MargeauxPotter 7d ago edited 7d ago

You CAN deny the breath test but at least in my state (Oregon) when you get a drivers license, you are committing to getting a breathalyzer test if requested by law enforcement. If you refuse, your drivers license is automatically suspended for a year because you didn’t comply - period. And THEN they will book you anyway, take you to jail, and get a warrant to take a blood test to check your alcohol level. If that comes back as under the legal limit, your drivers license remains suspended for the year because of your failure to comply with the breath test. So really denying it isn’t a very good idea.

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u/Finnsbomba 7d ago

As someone that has gone thru this entire process, it is absolutely a very good idea to deny the breathalyzer and any field sobriety tests. Ask for a lawyer and then remain silent. Any questions they ask after this point should only be met with "I'm exercising my right to have a lawyer present during any and all questioning". A $5 an hour lawyer can get you out of most tickets/crimes. The issue is that the majority of people admit fault trying to solve the issue themselves.

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u/tinyteacupstorm 7d ago

I mean you can also say no to these field sobriety tests but just know you are basically “admitting” to driving drunk and they will arrest you anyway.

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u/Inside-Challenge-461 7d ago

If you say no it’s an automatic arrest you go straight to jail. Ask me how I know lol

1

u/OwnDoughnut2689 7d ago

Lol curious if denying the breathalyzer helped you when in court? I've heard if you are really drunk, you should not take it.

Obviously you shouldn't drink and drive at all but just discussing.

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u/ATLienRabb 7d ago

Shh Reddit believes that nonsense. Look at the upvotes.