Why you should always refuse the Breathalyzer and the Standardized Field Sobriety Tests Top DUI Defense Lawyer Louisville Kentucky. As a defense attorney and DUI practitioner, I get asked a lot of questions by my clients, friends, and fellow attorneys. But no question is more common than, should I refuse the breathalyzer andor the field sobriety tests FSTsLike most legal questions, this one is not easy to answer, either. Any attorney worth his salt will tell you to refuse both. But, States have a mechanism in place to encourage you to agree to blow into the machine, which we will discuss. This blog post is devoted to explaining why it is beneficial for you and your case in the Commonwealth of Kentucky, and possibly in other jurisdictions, to politely refuse the police officers request to blow into the machine both portable and the one at the station as well as to refuse the standardized FSTs. In an ideal world, you would refuse both the breathalyzer and FSTs, and the government would have no case against you except for the officers testimony. However, last time I checked, we do not live in a Utopia. Therefore, we must deal with the facts. If you have consumed alcohol, the officer will be alerted to your red, watery, and bloodshot eyes, smell of alcohol, and slurred speech. This gives him reasonable suspicion that a crime has been committed which opens the door to further investigation, but not probable cause to arrest. Yet. This is where the police officer will request that you complete FSTs, andor administer his Portable Breathalyzer Test PBT. He has authority to give you the breath test per KRS 1. A. 1. 033.  You are to refuse both I cannot emphasize this enough. But, what if you dont know this important piece of advice, and submit to them like many people do on a day to day basis Lets see what happens. Well, first, if you have indeed recently been drinking, and are possibly close to or over that magic 0. Louisville, KYs source for news, weather and sports wave3. Louisville News, Weather Sports. Blue Letter Driver S License Louisville Ky Attractions' title='Blue Letter Driver S License Louisville Ky Attractions' />Blue Letter Driver S License Louisville Ky Real EstateGet the latest breaking news across the U. S. on ABCNews. com. From S4E16 Duffless. Homers license shows Springfields state. In the episode Three Men and a Comic Book, Bart attempts to redeem a bottle deposit. PBT, youve just given the police officer the probable cause he needs to arrest you He doesnt need anything else even if you refuse the FSTs, he now has the lawful right to arrest you right on the spot. Furthermore, the FSTs, even though the National Highway Traffic and Safety Administration NHTSA claims that they are tests of divided attention just like when youre driving you have to be able to steer, and change gears if its a manual, while paying attention to your surroundings, ask yourself the following question how many years have you been driving Now compare that experience to how many times youve done FSTs. Chances are youve never done them. Ever. How is that fair Well, according to our government, it is. And if you refuse to complete them, the police officer cannot use it against you in court but he will do everything in his power to find cause to arrest you because, if you were sober, why would you refuse such simple testsThe tests are designed to fail you. That is the reality of it. Dont let anyone fool you otherwise. Now youre at the station. Lets say youve submitted to the PBT, and blew over a 0. FSTs. You are now confronted with the Intoxilyzer machine. Kentucky, like most jurisdictions, has an implied consent statute in place. That means that by virtue of the Commonwealth issuing you an operators license and permitting you to drive your vehicle of choice on Kentuckys roads you have impliedly consented to a test of your blood, breath, or urine KRS 1. A. 1. 031. Note this statute applies even if you are dead or unconscious KRS 1. A. 1. 032. Now, you have two options One, submit to the test and risk the result, or two, refuse to blow. If you submit to the Intoxilyzer, and blow over a 0. Commonwealth two avenues of prosecution against you 1 KRS 1. A. 0. 101a the per se DUI Intoxilyzer result over 0. KRS 1. 89. A. 0. 101b the opinion DUI police officers testimony. Had you refused the machine altogether, the Commonwealth can only pursue you for the opinion DUI. KYLOUISVILLE/2015/05/503113/543509/jcps-application-recruitment-fair_crop.png' alt='Blue Letter Driver S License Louisville Ky' title='Blue Letter Driver S License Louisville Ky' />Trucking questions and answers related to the job and life on the road as a trucker. May 2015. Hi everyone, Im almost ashamed to start this because its been so long since my previous update. Though one year ABC tried using a different artist each week for the theme, for the most part from 1989 to 2011 Hank Williams Jr. All My Rowdy Friends Are Here. Information and assistance to all businesses wishing to do business with the Department of Veterans Affairs in particular and the Federal Government in general. Our disability attorneys have represented hundreds of claimants with their MetLife disability claim or denial of disability insurance benefits. In an ideal world, you would refuse both the breathalyzer and FSTs, and the government would have no case against you except for the officers testimony. But theres a small catch. Free Rc Helicopter Books Pdf Software more. Did I say small catch Some would say its a pretty big one. Per KRS 1. 89. A. KRS 1. 89. A. 0. 10 the DUI statute 2 your drivers license will be suspended until the resolution of your case 3 if you refuse the tests and are subsequently convicted of DUI, you will be subjected to a mandatory minimum jail sentence which is twice as long as the mandatory minimum jail sentence imposed if you submit to the tests which is 4 days instead of 2 for a first offense and 4 you will be unable to obtain a hardship license after the 3. DUI. Pretty harsh, huh As you can see, the Commonwealth has done everything in its power to scare you into taking a blood, breath, or urine tests. Nevertheless, despite these seemingly harsh consequences of refusal, it is still beneficial for you to refuse It is harder to disprove a negative when the prosecution has the number that works against you, because people like to believe technology works properly. It is much easier to discredit a police officer on cross examination than to prove the a machine was faulty. But arent you forgetting something What about the PBT, Mr. DUI Guy Im glad you asked. The PBT is inadmissible in Court. Per KRS 1. 89. A. Commonwealth. at a police station or detention facility is admissible in a court proceeding. So the PBT result must be excluded. A 2. 00. 8 Kentucky Court of Appeals case explicitly stated that, the passfail result of a PBT is admissible for the limited purpose of establishing probable cause for an arrest at a hearing on a motion to suppress. Greene v. Commonwealth, 2. S. W. 3d 1. 28 Ky. Ct. App. 2. 00. 8 emphasis added. The prosecution cannot introduce the PBT result to the jury, and it is reversible error to do so. If you refuse to do the FSTs and PBT roadside, your chances of getting arrested may not change. Even if you do get arrested, and continue to refuse to cooperate with any of the officers requests to complete a breath, blood, or urine test as well as the FSTs, your Kentucky operators license will be suspended while your case is pending KRS 1. A. 1. 071. HoweverYouve just significantly increased your chances of beating your DUI because the Commonwealth cannot pursue your case under the per se part of the DUI statute, namely the 0. DUI which is based 1. DUI practitioner to attack and discredit on cross examination. Thanks for reading, old friend. Hope to see you again soon. Mamiya 75Mm Shift Lens Manual Focus. If you require assistance with a DUI, expungement, traffic ticket, or other criminal charges, please contact me or call me at 5. The DUI Guy. P. S. Below is a 5. 0 minute presentation on the subject that I made to the National Association of Women in Construction on April 1. Cardinal Hall of Fame Cafe in the Freedom Hall room.