alt Hacker News> At the gas station, Bradley accused Holland of driving under the influence. When asked if he would submit to field sobriety tests, Holland calmly refused.
Much as I hope Bradley would be fired and lose his pension for abuse of power, this part is on Holland. In my state, refusing a breathalyzer is by law an automatic penalty because of the "implied consent statute" that you accept when you get behind the wheel: automatic license suspension for 1 year, and you still have to face the officer's testimony. There are consequences to the refusal that have nothing to do with the officer.
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Incorrect. Field sobriety test like walking a straight line or doing those bizarre tests can be difficult for those who haven't been drinking. Now if he refused a breathalyzer or blood sample and he was sober, that's the wrong move. If he refused a breathalyzer or blood sample AND he was NOT sober, that's the correct move. It's far cheaper to take the one year license suspension than get a DUI and deal with all of those issues. This has nothing to do with the officer, but protecting yourself.
This is not true in Illinois. Field sobriety tests before you are arrested are entirely voluntary and you can refuse them without triggering implied consent penalties.
Almost never lose their pensions. The cops I know in Illinois who all did bad shit and were investigated for it were all given the chance to resign to keep their pensions.
field sobriety test != breathalizer
Stop spreading misinformation.
>No. Field sobriety tests are not mandatory in Illinois. A driver may legally refuse to participate in field sobriety testing without violating Illinois law. These roadside tests are voluntary and are not part of the State’s implied consent laws.
https://dohmanlaw.com/refusing-a-field-sobriety-test-in-illi...
You're confusing a breathalyzer with a field sobriety test, the latter of which no one should agree to. It's the sort of test that asks you to walk straight, hop on one leg, allow an officer to use a flashlight on your eyes, or recite the alphabet backwards. They're designed to allow the officer to use their discretion to determine if you've failed rather than use an objective reading (like a breathalyzer).
Ask yourself why an officer would want to use a set of tests that require being subjective instead of deferring to a breathalyzer.