Quote:
Originally Posted by critical
A constitutionally questionable DUI checkpoint is the best place to keep your mouth shut and not comply, not only on the grounds of what is right, but for your own protection.
They would not have asked to search the car next. They would have asked for me to submit and do their light test. From there they can say I failed there test. If I never take the test, they have nothing further to go on. Best to always keep your mouth shut.
Just a note: I got pulled over a couple weeks ago. Only questions I was asked were if I had a front license plate at home and if I liked my car, both of which I answered.
The video doesn't capture it but there were two cops on the passenger side window encroaching into the car, very invasive stop. Also, I was flagged to pull over from the main street, and they did this in a parking lot. There were like 6 stations for cars to be parked.
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In most states refusing to submit a DUI test will result in your drivers license either being suspended or revoked , by your state DMV or a local judge, so if you haven't been drinking its a foolish move.
Also if you have been drinking and refuse the test, its hard for the police to get a conviction on a DWI charge that requires a certain alcohol blood percentage. But what they can get a conviction on is driving while impaired, which doesn't require a test, only the police officers trained observations.
So refuse the test, your end result will be a instantly revoked license and a possible impaired conviction, even driving while falling a sleep and get you nailed for this in most states.
I discussed this top for about 2hrs. with a NYS town judge that had a regular business during the day and what I stated above, is what he said happens most of the time a driver refuses a alcohol test.
He said the best outcome from a DWI arrest is that if it results from a simple traffic stop , its best to comply with the police, be professional if you can, try and not incriminate your self and in the end most of the time its plead down to driving while impaired and you keep your license.
Fight it and the DA may hammer you.