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darreninthenettoday at 1:48 PM3 repliesview on HN

In the UK it's done by breathalyser and refusing is itself an offence.


Replies

abtinftoday at 1:58 PM

A field sobriety test is distinct from a chemical analysis (breathalyzer or otherwise).

In California, you are required to submit to chemical testing (breath, urine, or blood — I don’t recall the rules for which applies in which situations). However, you are not required to otherwise talk to or perform the absurd procedure of the field sobriety test (“you have the right to remain silent”).

pbhjpbhjtoday at 2:30 PM

I was under the mistaken impression you could refuse and then would get a blood test, seems that was wrong/out-dated (also wrong!). The backup test at the station is also usually a breath test apparently. And it seems we have field sobriety tests but it looks like they're for drug-driving.

For example, https://www.gov.uk/stopped-by-police-while-driving-your-righ....

I took OpenAI's references as correct without checking legislation as I'm on my phone.

matwoodtoday at 2:39 PM

It's also an offense in most (all?) of the US. Even then, if someone is pulled over for DUI, at that point the officers are just collecting evidence. If someone has had anything to drink, it's in their best interest to say they want a lawyer and refuse all tests. Then there will be less evidence to argue against in court.

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