When other countries (notably Europe) use roadside ‘Breathalyzer’ test machines? It seems a high-functioning drunk could get away with DUI in the US, when they wouldn’t in France or the UK?
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Former Prosecutor here. So we do both. Roadside breath tests are not admissible in court and are voluntary as are roadside tests. For the most part the field sobriety tests are used to build probable cause to request an admissible test and most people do not understand that they are voluntary and you can refuse. Since the roadside breathalyzer is not admissible in court, most cops lead with the roadsides to build probable cause to arrest for DUI and the roadsides are designed to test for impairment of any kind, not just alcohol. Although their efficacy for other substances is questionable, especially the nystagmus test. Since roadside breathalyzers are not admissible in court, its very possible for someone to argue that no roadsides showed impairment and the officer had no other reason to believe they were impaired where someone refuses an actual admissible test (blood test or intoxylizer test). There are very few circumstances where an admissible blood test can be taken without your consent, but there are ramifications for doing so where probable cause has been found. Also I’m drunk while writing this but I’m not driving.
Moral of the story is don’t drive drunk…but if you do, do not do roadsides or blow, you are not required to.
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