Hacker News Reader

Comment by tyfon | Hacker News Reader

At least in Norway these are only used as an indicator not evidence, they take the suspected drunk into custody and draw a blood test. If the test show no alcohol then the person is released.

None of these field tests are accurate, not for alcohol nor drugs.

View on HN

In the US there are usually two separate offenses, one being driving intoxicated as evidenced by your actions and failing a field sobriety test. The other is being over the limit on BAC. There’s a third violation, refusing a blood or breathalyzer test, that results in immediate suspension of the license, but it’s not a felony. In some states like NY there’s also a misdemeanor, driving with ability impaired, for those with BAC between 0.04 and 0.08. In most states these are all prima facie evidence of a crime.

Field sobriety tests are designed to make everybody fail and should always be declined.

Yeah, I've seen those tests on "cops". I drink maybe two bottles of beer in a year and I'm sure I would have failed some of those tests like saying the alphabet backwards!

Lol is that a thing? Say the alphabet backwards?

Sure is.. Here is one that has been practising just that [1]. The cop even remarks on how she's never seen anyone do that!

[1] https://www.youtube.com/watch?v=beNPsSRV_5U

Comments under this video claim that this scene is from comedy TV series "Reno 911".

That's from the TV show Reno 911.

Lol. That is from Reno 911, unfortunately it left out the last part which is awesome: https://youtu.be/D6VQDNIZH7U

All these people arguing over "recite the alphabet backwards" but AFAIK no actual, non-comedy-show police department uses that as a sobriety test.

That's why I practice the alphabet backwards when I'm drunk.

It makes a good drinking game.

Tests like the one to "Say the alphabet backwards" are not designed to test intoxication but to elicit a response similar to "I can't even do that sober". This type of reply can then be used as a confession.

A police officer explained to me that some of the other tests are using testing for things other than the obvious (for instance, even if you follow the pen, your eyes jump in a way that's a tell-tale sign of intoxication)

"Vertical nystagmus". Which is all well and good, but many people have that entirely apropos of alcohol consumption.

What would be the best response to that? Both "I cannot do that sober" and "I cannot do that drunk" sounds incriminating enough.

Where are you getting that idea? As far as I know, that’s the punchline of a common joke. I’ve never heard the claim that it’s actually the purpose of sobriety tests.

In some (many?) states, you can request a blood draw in lieu of field breathalyzer (without losing your license). It's usually the better option in that situation.

I think that’s right, that the only one you risk your license for is the one at the station.

> In the US there are usually two separate offenses, one being driving intoxicated as evidenced by your actions and failing a field sobriety test. The other is being over the limit on BAC.

Typically, they are one offense, which can be proven two different ways.

> There’s a third violation, refusing a blood or breathalyzer test, that results in immediate suspension of the license, but it’s not a felony.

In some states, it is an additional felony.

In most Australian states, refusing the breath test without a valid doctor's certificate or attempting to avoid the test area and getting pulled over on a side street will result in far higher penalties - including jail time. The fine can be up to $4000 to $6000 - far higher than if you were just DUI.

This is the same as most Australian states where failing a breathaliser results in leaving your car, handing over your keys and doing a blood test for a more accurate reading. You're fine to go if you're under; also the penalties vary on the reading so they need it to be fairly accurate.

I was under the impression that it was common knowledge that the breath test is unreliable and never relied on in court as evidence. You also can't rely on the self-test kits if you think you might be over.

Same thing in Finland. They might also drag your ass to a blood test if you refuse to do the breath test and they don't have anything else to do.

In the US, they typically have a judge on call to sign warrants for blood draws.

That's fixed in my state. If you do not consent to a blood draw (if you already refuse breathalyzer), then you forfeit your right to a motor vehicle license. You are not convicted of a crime, but you can't drive.

Reply on news.ycombinator.com