May 25, 201511 yr I've stated multiple times in threads like these I find the classes and the people who run them to be corrupt and of a little use. I also don't like most the field soberity tests or the fact they can use a breathalyzer in the field to arrest you with but it isn't allowed to be used in court. Not to many other tools that can be used to arrest you but not convict you. The field sobriety tests are standardized and proven to be pretty accurate. They don't use a breathalyzer in the field. They use a preliminary breath test. The preliminary breath test is only used to show the presence of alcohol. They can use it court to do that, they just can't use the exact results. They can use the exact results from the actual breathalyzer, which is far more accurate. Only problem is you can't just pack that around in your car...
May 25, 201511 yr No alcohol at all he doesnt drink period. The officer said he failed the field test, however it was not recorded on the dash cam (purposely IMO). He blew on the breath test and it failed to register anything in the field. They arrested him anyway, and he took a second breath test at the station on a different machine, which said he blew a .013 he was then booked. He demanded a blood test, but it was 6 hours later before he was able to take one, the judge threw out his blood test because it was so far after his initial arrest. He was unable to challenge the machine at the station because in Ohio you can not go after the equipment being faulty. Sidebar he was original pulled over for going 40 in a 35, and then failure to signal when he pulled off the side of the road when the officer pulled him over. The second breath test was likely far more accurate than the first one he took anyways.
May 25, 201511 yr The field sobriety tests are standardized and proven to be pretty accurate. They don't use a breathalyzer in the field. They use a preliminary breath test. The preliminary breath test is only used to show the presence of alcohol. They can use it court to do that, they just can't use the exact results. They can use the exact results from the actual breathalyzer, which is far more accurate. Only problem is you can't just pack that around in your car... I'm not getting into this again we just had this same discussion 2 months ago on here. Some of you belive there is never enough punishment. Where I'm of the belief there are other solutions besides adding jail time.
May 25, 201511 yr The second breath test was likely far more accurate than the first one he took anyways. So your saying a reading of zero, no trace of alcohol, to .013 is accurate? This guys doesnt drink or do drugs, he cant because of his occupation, he is drug tested weekly, he had nothing in his system.
May 25, 201511 yr I'm not getting into this again we just had this same discussion 2 months ago on here. Some of you belive there is never enough punishment. Where I'm of the belief there are other solutions besides adding jail time. Ok. I'm just explaining what actually happens with the first test. As for accuracy... Study: Stuster & Burns (1998) BAC: 0.08 Horizontal Gaze Nystagmus: 88% Walk and Turn: 79% One Leg Stand: 83% Combined: 91%
May 25, 201511 yr So your saying a reading of zero, no trace of alcohol, to .013 is accurate? This guys doesnt drink or do drugs, he cant because of his occupation, he is drug tested weekly, he had nothing in his system. I don't know I was not there. Apparently the judge or jury felt it was accurate for some reason.
May 25, 201511 yr I've stated multiple times in threads like these I find the classes and the people who run them to be corrupt and of a little use. I also don't like most the field soberity tests or the fact they can use a breathalyzer in the field to arrest you with but it isn't allowed to be used in court. Not to many other tools that can be used to arrest you but not convict you. What kind of field sobriety tests would you prefer? The ones that are used by most officers are used because of their scientifically proven accuracy in showing the presence of alcohol on a person. It's not like a group of cops sat around writing a list one night over beers about what is hard for impaired people to do. As for plantmans friend what did the "Ohio equipment" show? What equipment was used?
May 25, 201511 yr What kind of field sobriety tests would you prefer? The ones that are used by most officers are used because of their scientifically proven accuracy in showing the presence of alcohol on a person. It's not like a group of cops sat around writing a list one night over beers about what is hard for impaired people to do. As for plantmans friend what did the "Ohio equipment" show? What equipment was used? The tests are standardized and used all over the country right? And they are about as accurate as you could expect, imo. Combine the tests with any other evidence obtained (breath, smell, speech, bad driving) and I'd say the DUI system is pretty accurate as it is.
May 25, 201511 yr What kind of field sobriety tests would you prefer? The ones that are used by most officers are used because of their scientifically proven accuracy in showing the presence of alcohol on a person. It's not like a group of cops sat around writing a list one night over beers about what is hard for impaired people to do. As for plantmans friend what did the "Ohio equipment" show? What equipment was used? He blew on the breath test and it failed to register anything in the field. They arrested him anyway, and he took a second breath test at the station on a different machine, which said he blew a .013
May 25, 201511 yr Ok. I'm just explaining what actually happens with the first test. As for accuracy... Study: Stuster & Burns (1998) BAC: 0.08 Horizontal Gaze Nystagmus: 88% Walk and Turn: 79% One Leg Stand: 83% Combined: 91% So your telling me each test has a fail rate of 9 to 17%? And then you question why sometimes the system may fail? I'm scratching my head here. Again my problem with how we handle DUI's is by increasing the punishment for first time offenders does nothing to fix the problem. I could make the argument it causes more problems. We need to address out outdated policies on drinking age and forcing teenagers into binge drinkers and also the fact we have technology right now that would eliminate all drunk driving.
May 25, 201511 yr We need to address out outdated policies on drinking age and forcing teenagers into binge drinkers and also the fact we have technology right now that would eliminate all drunk driving. This.
May 25, 201511 yr So your telling me each test has a fail rate of 9 to 17%? And then you question why sometimes the system may fail? I'm scratching my head here. Again my problem with how we handle DUI's is by increasing the punishment for first time offenders does nothing to fix the problem. I could make the argument it causes more problems. We need to address out outdated policies on drinking age and forcing teenagers into binge drinkers and also the fact we have technology right now that would eliminate all drunk driving. But that doesnt help with revenue enhancement, we cant do that.
May 25, 201511 yr So your telling me each test has a fail rate of 9 to 17%? And then you question why sometimes the system may fail? I'm scratching my head here. Again my problem with how we handle DUI's is by increasing the punishment for first time offenders does nothing to fix the problem. I could make the argument it causes more problems. We need to address out outdated policies on drinking age and forcing teenagers into binge drinkers and also the fact we have technology right now that would eliminate all drunk driving. That's not taking in to account PBTs, breath tests and blood tests... Still based on tests alone do you think you could come up with tests that are more accurate consistently?
May 25, 201511 yr So your telling me each test has a fail rate of 9 to 17%? And then you question why sometimes the system may fail? I'm scratching my head here. Again my problem with how we handle DUI's is by increasing the punishment for first time offenders does nothing to fix the problem. I could make the argument it causes more problems. We need to address out outdated policies on drinking age and forcing teenagers into binge drinkers and also the fact we have technology right now that would eliminate all drunk driving. He mentioned three tests. You also have in car tests, the PBT, the Intoxilyzer that's actually admissible in court. Not mention smell, speech and the observation of the vehicle in motion. It's honestly a rather structured in depth process but you seem to feel otherwise.
May 25, 201511 yr That's not taking in to account PBTs, breath tests and blood tests... Still based on tests alone do you think you could come up with tests that are more accurate consistently? We could require all those failing the FST's submit to a blood test. That should alleviate all of the "the test is fallible" crowd.
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