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Did she bring up the medical issues during the medical pre-screen of the SFSTs?

I can't say as I wasn't there, but I would think it would come up. Honestly, knowing this patient pretty well, I imagine her answer to walking in a straight line would be something on the lines of somewhat sarcastically laughing and then saying, "I can't do that," all with a slurred voice. Like I said, it would be easy to confuse her with someone signficantly under the influence unless you knew better. Who is to say if the officer even asked about medical issues before making an immediate assumption or if she gave other reasons to believe she was under the influence.

--NEB

pbwalker wrote:What is it with "Two Beers"?

It's exactly the right amount of beer.



Or maybe the drunks can't count any higher than two.

I know this is gonna' sound sissy and crazy but why not have no beers if you're going to be driving?

Oldgringo wrote:I know this is gonna' sound sissy and crazy but why not have no beers if you're going to be driving?

That's how I roll.

I can't afford the expense of a DWI. More importantly, I don't want to lose my CHL.
Most importantly, I don't want to have to live with the thought of possibly injuring (or worse) someone else.

pbwalker wrote:What is it with "Two Beers"? That seems to be the universal answer to "How much have you had to drink tonight?". I see it on all the police TV shows, Cops, TruTV, etc.

Is there some magical occurrence after two beers that people generally don't want to admit to?

It's that ....... two is all they "remember"

RPB wrote:

pbwalker wrote:What is it with "Two Beers"? That seems to be the universal answer to "How much have you had to drink tonight?". I see it on all the police TV shows, Cops, TruTV, etc.

Is there some magical occurrence after two beers that people generally don't want to admit to?

It's that ....... two is all they "remember"

I was told by an instructor years ago that this is the correct answer. The two that stick in a drunk's mind are the beer the waiter brought and the one he took away. Counting how many times that happened is the hard part the drunk does not remember.


On the OP's question of whether or not to cooperate and take the SFST, it is a basic question of tactics and strategy. If you cooperate, you may be giving evidence against yourself but you are also working to give evidence for yourself. The officer may make a decision to arrest based in part on your cooperation level. So, if you do not cooperate, you are more likely to spend a night in jail. But, if you do not cooperate at all, you give the prosecutor much less evidence to use in court. You stand a better chance of winning the court case that way.

End result is that cooperation may keep you from going to jail that night while a lack of cooperation may keep you from going to jail later on.

FYI, if I recall correctly, it takes about an hour per ounce of alcohol consumed to metabolize. Roughly an hour per beer, glass of wine, or single shot.

--NEB

NEB wrote:FYI, if I recall correctly, it takes about an hour per ounce of alcohol consumed to metabolize. Roughly an hour per beer, glass of wine, or single shot.

--NEB

That's what I remember too. So for the OP, 2 Coors lights in 4 hours = honest answer of "no I haven't been drinking".

cbr600 wrote:

Oldgringo wrote:I know this is gonna' sound sissy and crazy but why not have no beers if you're going to be driving?

Assume someone has, at some point in their life, consumed alcohol. Do you think they should never drive again, or is acceptable to drive once the alcohol has been metabolized? If the latter, what other conditions must be met, once they're as sober as someone who didn't drink?

The law is the law and the issue is between the driver and the LEO. It matters not what I, or anyone else, think.

Beer or Blue Bell Ice Cream, I can't passs the Roadside Gymnastic Test.

With two different flavors of Arthritis, I couldn't pass on my best day
years ago.

Breathalizer, OK.

Wiggleing my ears while playing Hopscotch with a Maglight shining in my eyes, on uneven ground, nope.

To infer that the tesk is 'skewed' is an understatement.

I beat the rap, but took the ride.

salty

saltydog452 wrote:Beer or Blue Bell Ice Cream, I can't passs the Roadside Gymnastic Test.

With two different flavors of Arthritis, I couldn't pass on my best day
years ago.

Breathalizer, OK.

Wiggleing my ears while playing Hopscotch with a Maglight shining in my eyes, on uneven ground, nope.

To infer that the tesk is 'skewed' is an understatement.

I beat the rap, but took the ride.

salty

HGN is the most reliable test and is validated for seated positions.

srothstein wrote:

RPB wrote:

pbwalker wrote:What is it with "Two Beers"? That seems to be the universal answer to "How much have you had to drink tonight?". I see it on all the police TV shows, Cops, TruTV, etc.

Is there some magical occurrence after two beers that people generally don't want to admit to?

It's that ....... two is all they "remember"

I was told by an instructor years ago that this is the correct answer. The two that stick in a drunk's mind are the beer the waiter brought and the one he took away. Counting how many times that happened is the hard part the drunk does not remember.


On the OP's question of whether or not to cooperate and take the SFST, it is a basic question of tactics and strategy. If you cooperate, you may be giving evidence against yourself but you are also working to give evidence for yourself. The officer may make a decision to arrest based in part on your cooperation level. So, if you do not cooperate, you are more likely to spend a night in jail. But, if you do not cooperate at all, you give the prosecutor much less evidence to use in court. You stand a better chance of winning the court case that way.

End result is that cooperation may keep you from going to jail that night while a lack of cooperation may keep you from going to jail later on.

So what about the "no refusal" thing that has been going on in the DFW area? If you refuse the breathalyzer, you are forced to submit to a blood draw. What is the best response there? And, is "no refusal" really legal?

In the case of the subject refusing to give a breath/blood specimen, the Ofc can swear out a search warrant for a blood specimen.

No refusal weekends just mean they have a judge staying up to cut warrants.

Our judges are good about waking up so every DWI is no refusal for me. Too much paperwork for people to get off easy.