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, . Beating A Urine Test For Cracked HeadAny attorney worth his salt will tell you to refuse both. But, States have a mechanism in place to . Today at Wimbledon the top two seeds succumbed to bodily decomposition—Andy Murray over an excruciating five sets, Novak Djokovic in a shock second-set retirement. A simple test you can do to determine your susceptibility to cancer, heart disease, osteoporosis, arthritis, and many other degenerative diseases. ![]() 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, and/or administer his Portable Breathalyzer Test (PBT). He has authority to give you the breath test per KRS 1.
A. 1. 03(3). You are to refuse both! I cannot emphasize this enough. But, what if you don't know this important piece of advice, and submit to them (like many people do on a day- to- day basis)? Let's see what happens. Let’s just be clear here that everyone involved in this incident is awful, with the exception of that dog. It’s not clear what predicated this messy, embarrassing. Well, first, if you have indeed recently been drinking, and are possibly close to or over that magic 0. PBT, you've just given the police officer the probable cause he needs to arrest you! He doesn't 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 ? Now compare that experience to how many times you've done FSTs. Chances are you've never done them. About 95 percent of everything males have ever done has been with one goal in mind: to impress the ladies and hopefully get one of them to touch their wiener. Get the latest international news and world events from Asia, Europe, the Middle East, and more. See world news photos and videos at ABCNews.com. ![]() 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 . That is the reality of it. Don't let anyone fool you otherwise. Now you're at the station. Let's say you've 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 operator's license and permitting you to drive your vehicle of choice on Kentucky's roads you have . Note: this statute applies even if you are dead or unconscious (KRS 1. A. 1. 03(2)). 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. 10(1)(a) - the per se DUI (Intoxilyzer result over 0. KRS 1. 89. A. 0. 10(1)(b) - the opinion DUI (police officer's testimony). Had you refused the machine altogether, the Commonwealth can only pursue you for the opinion DUI. But there's a small catch. Did I say small catch? Some would say it's a pretty big one. Per KRS 1. 89. A. KRS 1. 89. A. 0. 10 (the DUI statute); 2) your driver's 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 aren't you forgetting something? What about the PBT, Mr. DUI Guy? I'm glad you asked. The PBT is inadmissible in Court. Per KRS 1. 89. A. So the PBT result must be excluded. A 2. 00. 8 Kentucky Court of Appeals case explicitly stated that, . Commonwealth, 2. 44 S. W. 3d 1. 28 (Ky. 2. 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 officer's requests to complete a breath, blood, or urine test as well as the FSTs, your Kentucky operator's license will be suspended while your case is pending (KRS 1. A. 1. 07(1)). You've just significantly increased your chances of beating your DUI because the Commonwealth cannot pursue your case under the. Let Glorious Jupiter Distract You From Existential Dread. Lingering sense of ennui creeping in? Concerned about our crumbling infrastructure? Allow me to temporarily assuage your problems by offering up some lovely images of Jupiter. They won’t solve anything, but they just might help you get through the day without shouting into a stranger’s face or kicking over a traffic cone. The stunning, enhanced- color image above, featured in a news release by NASA today, is based on a photo of Jupiter’s south pole captured by the Juno spacecraft on December 1. Juno’s citizen science camera has been snapping glorious images of the gas giant ever since it arrived in orbit around Jupiter last July. The images are then released to the public, which has been turning them into even more magnificent works of space art. Here’s another one: And another: And ANOTHER: Okay, but seriously, look at this thing: Besides being an infinite source of beautiful pictures, Jupiter has some other pretty cool stuff going on. Last week, attendees at the European Geosciences Union were treated to some science updates from the Juno spacecraft, including details on Jupiter’s strange ammonia weather and magnetic field, according to a report by New Scientist. The field, already considered the single largest “object” in our solar system, is stranger and even stronger than expected, apparently—who would have guessed! Surely, Jupiter’s hiding many more mysteries beneath is strange and beautiful exterior. We look forward to discovering them all with Juno.
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