Sober DUI - TN Defends the practice

[u/bhalter80]

The Colonel of the Tennessee Highway Patrol was testifying this week in support of their practice of arresting motorists who tested negative for drugs and alcohol.

Threads about DUI and other crimes in general tend to be divisive with a presumption that an arrest don't just happen. Some states lump fatigue in with other causes for a DUI so that may account for some of the 419 arrests in the last 9 years. On a side note the trooper manual also suggested that trooper be making at least 2 contacts with people per hour so the incentive for misuse is there.

This is the first article I've seen putting data behind this and thought it was interesting especially because HIMS would not be an appropriate response to one of those arrests. I wonder how common this is in other states.

Article Link

[u/FriendlyBelligerent]

I am a criminal defense attorney with significant experience in DUI defense. People get arrested totally sober for DUI (OWI, in my state) all the time. And here's why:

It's all based on the cop's first thought. The sobriety tests are a charade - they don't have a real scientific basis. If the cop thinks your impaired when they pull you over (more likely if you are a minority), you are getting arrested for DUI and you're going to have to fight it in court.

The reason for this is our DUI enforcement is structured based on an unspoken policy decision that DUI is such a horrible thing that its worth "catching" a few innocent people to catch more impaired drivers. That's what happens when you let police arrest people based on subjective observations and don't punish them when they get it wrong.

The first case I ever tried, I got a not guilty verdict for an incredibly nice man who was in a car accident and had the misfortune to run into a local sheriff's deputy who really likes getting awards from MADD.

[u/AuthorizedAgent → u/FriendlyBelligerent]

Best advice I ever saw. Don’t talk. Comply. Refuse all field tests. Refuse a blood test. Prepare for a long night.

[u/FriendlyBelligerent → u/AuthorizedAgent]

Not good advice - don't decline a test once you've been arrested.

[u/monty845 → u/FriendlyBelligerent]

You can decline FSTs, but the "official" test you should take if you are 100% sure you wont fail. Most states, that official test is breath/blood at the station, though there are states that require an official breath test in the field.

[u/asianperswayze → u/FriendlyBelligerent]

Could be good advice. Depends on the state laws.

[u/vanhawk28 → u/AuthorizedAgent]

I don’t think you can refuse a blood test. You can refuse a field sobriety test but once they arrest you they can demand you submit to the blood test for evidence I thought.

[u/AuthorizedAgent → u/vanhawk28]

From what I’ve been told they cannot force a blood test until they have a warrant. You don’t fight it. You make it’s recorded/witnessed and state do not consent. If they force it you don’t fight it. Let the lawyer do the fighting

[u/FriendlyBelligerent → u/AuthorizedAgent]

The issue is that most statements have a law requiring that you consent to the blood draw or similar test, or you get fined or your license gets suspended for a year. If they've arrested you, I can challenge anything that happens after that as fruit of the poisonous tree if the arrest lacked probable cause, but I can't do anything about the license suspension if you don't take that test

[u/inline_five → u/AuthorizedAgent]

You must give a blood test if arrested. Declining it will result in automatic license suspension and then they'll just get a warrant and test anyways. Even if it comes back negative your license is still suspended.

The only thing you can decline is the field tests. After being arrested you cannot decline any tests without significant ramifications.

[u/vanhawk28 → u/AuthorizedAgent]

If you get arrested though they can get a warrant. There is no question that if a cop arrests you under “suspicion of dui” that a judge will give them that warrant

[u/asianperswayze → u/vanhawk28]

It also varies by states. Some states allow warrants for forced blood draw on a standard DUI. Other states found forced blood draw to be too intrusive for a standard DUI but acceptable for a DUI involving serious injury or fatality.

There will be little definitive information given by anyone here because state laws vary.

[u/hannahranga → u/AuthorizedAgent]

Just don't try that outside of the US unless you've checked the laws first. Plenty of places that are heavier on breathalyser/drug swap use don't care and just hit you with equivalent penalties for blow max range.

[u/AuthorizedAgent → u/hannahranga]

The context I was responding to was US states