Got pulled over last night

[Suspicious-Teach8788]

I think the cop was just looking for DUIs. He made up some bullshit about how I was swerving and I crossed over the line. I don't recall that, but to be honest I probably wasn't driving my finest because it was a hilly/windy road. But then there were 6-7 cops that passed me on the road. At that point I kinda probably got a bit nervous too, and instead of driving the usual 70, I actually maintained a solid 65. Anyway, I think they were just pulling a bunch of people over.

I did have 3 drinks that whole evening, one at 10pm, one at 11pm, and another around 12:15pm. It was past 2am when I left, so I'm pretty sure I had a little bit of alcohol left. I was pulled over probably around 2:30. I had a hot dog after leaving the club. I was confident that I was ok though, especially knowing the 1 drink per hour rule, and feeling just fine.

He took me out and did a bunch of tests. I The test I probably did the worst was to walk in a straight line, which I've tried sober many times, and I'll say that I'm not the best guy with balance considering how many times it's taken me to master snowboarding.

Actually I just conducted a few tests over again while at home, and putting your feet together really hinders your balance a LOT. Even the test where your eyes follow his finger around, I could feel my body swaying (very little). I guess that part freaked me out a bit last night, but now knowing that it wasn't really out of the ordinary, I'm ok.

Then he made the do the breathalyzer test to which he said was optional. When I asked what that meant, he said he couldn't tell me if he'd arrest me or not if I refused. But his partner came in and said that if I don't take it I would take it in jail. Good to know what "optional means."

Now at this point I was actually scared. I was not scared one bit til the breathalyzer because honestly that's the real indicator of whether I'm ok or not.

I blew into it and he told me that he'd take two readings. I asked if they were doing an average or taking the highest reading, but he didn't respond. He walked over to his partner after my first reading and the his partner smiled and nodded. I was expecting him to reach for his cuffs at this point and he told me that I blew a 0.02, and sent me back to my car. He came back in probably 30 seconds or so and told me to go home.

As for those who hate cops here, I'd have to say everything went smoothly. He was courteous, and I was too. I definitely made sure I explained things clearly, and asked for clarifications.

Shrug. I asked my friend in my car later if I had been driving terribly, and she said that I definitely didn't cross any lines (or at least she didn't hear me hitting the lane markers), but possibly there was light swerving, though she wasn't really sure herself. Out of the two of us she had fewer drinks, but she's a lighter weight, so I'm not sure who would've fared better driving. And I suppose I can't take her testimony to be the 100% truth either given that she had 2 drinks.

Either way I had a good scare. ATOT police please feel free to slap me.

 

[surfsatwerk]

Glad they can't breathalyze for hookers and blow.

 

[KlokWyze]

So could they charge you with a DUI if you failed EITHER the motor skills tests or the Breathalyzer?

 

[slightlyhuman]

what a douche bag. got pulled over a few weeks ago as well. had an unopened bottle of wine and a cup. made me do the eye test which was hard sober. after he did that for 30 seconds trying to get me to slip up he said he wasn't going to do any more test. i have a perfect record and asked him if he even looked at my record. he said no. i love you.

 

[gaidensensei]

Popo wants to scare you to be a good little boy. You're probably asian and overthinking the whole thing. Happens a lot in CA, sometimes I'm pretty sure they are pulling over asians just by skin color alone.

 

[Capt Caveman]

Cops driving by you and you're still going 65? What was the speed limit? Ignored the reading the rest, since you like to write more than necessary.

 

[lxskllr]

So could they charge you with a DUI if you failed EITHER the motor skills tests or the Breathalyzer?

They can do what they want regardless of the results of either test. He's lucky the cops weren't complete dicks, cause he could have easily spent the night in jail.

 

[Suspicious-Teach8788]

Cops driving by you and you're still going 65? What was the speed limit? Ignored the reading the rest, since you like to write more than necessary.

65 is the speed limit I believe? When there are 6-7 cops, only 1 needs to pull you over. They all entered the highway at once, so I'm pretty sure it was a race to see how many DUIs each could catch. The last one stayed for me, but the rest passed me, probably trying to find other motorists. CHP nabbed me, but 2 of the other cops that passed earlier said Berkeley Police.

And that's when my friend and I were discussing why and how they'd come this far out, and what this is about when the lights lit up behind me.

So could they charge you with a DUI if you failed EITHER the motor skills tests or the Breathalyzer?

I believe if you flat out sucked at the motor skills test, they could just book you right there. I was pretty confident I was below 0.08, but I do know its possible to still get a DUI under 0.08. I was worried I was closer to a 0.06 or something where they'd be like "close enough, you're kinda impaired." Glad I came out that much under, but I suppose that makes sense given I felt nothing at all.

One question he did ask me was how long I slept for. I slept at almost 3am, woke up at 11:30am, so 8.5 hours. The other thing that probably made him suspicious was how my eyes get red late at night. I wear contacts and I'm terrible with rewetting drops... Heh.

 

[KlokWyze]

As another in this thread already said, you are definitely over thinking it. Don't act nervous if you don't have a reason to be. The piggies prey on people like that.

 

[SKORPI0]

So could they charge you with a DUI if you failed EITHER the motor skills tests or the Breathalyzer?

You could be sober and still fail the motor skill test. The Breathalyzer helps the police check for your blood alcohol content (BrAC). Usually >0.08 you end up in jail.

 

[Cerpin Taxt]

A very similar thing happened to me many years ago. Eventually got the field breathalyzer and I blew a 0.06. I was drinking earlier and stopped several hours before driving, like you did. I don't take risks like that anymore.

 

[Leros]

When I was in high school, the police came to our school to talk about drunk driving. As part of their presentation, they had us take fake sobriety tests. Due to my clumsiness, I failed. I really hope I never have to do one of those tests in real life.

 

[SithSolo1]

For future reference: You are not required by law to perform roadside sobriety tests, you can politely refuse.

 

[Leros]

For future reference: You are not required by law to perform roadside sobriety tests, you can politely refuse.

I'm guessing they don't let you leave if you refuse the test.

 

[Balt]

For future reference: You are not required by law to perform roadside sobriety tests, you can politely refuse.

I think they can politely suspend your license if you do that, though. Maybe it varies state to state, I'm not sure.

 

[SandEagle]

obey the traffic laws. they're not there for decorations you know.

 

[Suspicious-Teach8788]

I'm guessing they let you leave if you refuse the test.

It's up to his discretion based on how I answered his questions and did on the motor skills tests. In CA you do have the choice of refusing.

They can still take you in. After further research that refusal is sometimes advisable because:

1) You get some more time to sober up
2) The breathalyzer in their car is not official anyway. They use the blood/breath test at the station to make the final call whether you are DUI or not officially.
3) You might get let off the hook.

I have to say I was a little tired at 2am. I wasn't sure if I aced the motor skills test because honestly even doing it sober, my body isn't 100% still when my feet are together. I don't know how much worse I did last night, but being cold and nearly about to shit my pants didn't help.

 

[Nintendesert]

http://dui-lawyer-la.com/field-sobriety-tests


I'd never take a field sobriety test due to some injuries to my leg and from some other issues, but know the consequences of refusing to take one. Which aren't all bad.

 

[Whoozyerdaddy]

what a douche bag. got pulled over a few weeks ago as well. had an unopened bottle of wine and a cup. made me do the eye test which was hard sober. after he did that for 30 seconds trying to get me to slip up he said he wasn't going to do any more test. i have a perfect record and asked him if he even looked at my record. he said no. i love you.

Why would your driving record have any bearing on whether or not you're sober? That and you can't slip up on an eye test. They move in a jerky motion (sober) or they move smoothly (drunk). You don't have any control over that.

Methinks the i love you in this situation is you.

 

[Patranus]

I was driving home at 2AM one night.
Got pulled over and got DUI tested (had NOT been drinking)
Held for a while and then got a ticket for going 70 in a 65.

 

[SpatiallyAware]

They sounded completely unprofessional to me. Typical "us" vs "them" mentality from oh so many leos.

 

[gevorg]

Then he made the do the breathalyzer test to which he said was optional. When I asked what that meant, he said he couldn't tell me if he'd arrest me or not if I refused. But his partner came in and said that if I don't take it I would take it in jail. Good to know what "optional means."

What a SOAB!

 

[HardcoreRobot]

well, i feel safer.


not.

 

[nick1985]

http://dui-lawyer-la.com/field-sobriety-tests


I'd never take a field sobriety test due to some injuries to my leg and from some other issues, but know the consequences of refusing to take one. Which aren't all bad.

Interesting link.

 

[TridenT]

Cool story op. I got pulled over twice last month. Not for DUIs though.