Viewing a single comment thread. View all comments

beagletronic61 t1_j6fjggn wrote

Reply to comment by carpdog112 in NH DUI Lawyer Recommendations? by Individual_Moose602

Good catch.

But the second test is always waiting for you so if you have been drinking, you are just buying yourself 20 more minutes of delusion.

4

carpdog112 t1_j6fp4ym wrote

The PBT can NEVER help you. If the officer wants to bring you down to the station for further physical testing they absolutely will. You can blow under 0.08 or even a 0.0 and still be brought in if you fail the officer's "subjective tests".

1

beagletronic61 t1_j6fqnyd wrote

The subjective tests WHEN ADMINISTERED PROPERLY are remarkably accurate…a veteran officer can usually get pretty close to your BAC with the visual acuity test (follow the pen with just your eyes, officer notes the frequency with which your twitches as it tracks laterally).

−5

[deleted] t1_j6gwv5v wrote

[deleted]

8

beagletronic61 t1_j6ido61 wrote

The accuracy of the subjective tests is more/less binary; above or below legal limit. The visual acuity test adds nuance to the extent to which the subject is intoxicated in excess of the legal limit. I’m not suggesting “some beat cop” can beat you or any physician at a physical exam. I’m also not suggesting anyone rely on this test alone…when a police officer pulls someone over after 12:30 AM, detects an odor of alcohol and slurred speech, and puts the driver through the visual acuity test (which also requires them to stand in front of the officer and allows them to observe the subjects balance, respiration, as well as their response to the test itself) they’ve got a pretty good justification to make an arrest for suspicion of OUI.

−1

carpdog112 t1_j6frbnc wrote

The subjective tests can say whatever the officer wants them to say and given that they hold just as much weight as the PBT for hauling you in for further testing is my point. Passing the PBT doesn't win you anything.

4

beagletronic61 t1_j6fsdwg wrote

Your point is well taken;

“Yeah, you failed…you have the right to remain silent.”

“How did I fail?

“You’re eye…or something…also the alphabet thing…and now you are talking back to me…OFFICER DOWN!”

−1

GreatGrandaddyPurp t1_j6iaizy wrote

The only remarkable thing about making someone do circus tricks on the side of the road to see if they're drunk is that it's still a legal standard.

1