Field sobriety test

[USA1]

If that's correct, how in the heck should one answer the, "Have you been drinking tonight," question?

In my opinion, a person should never lie to the Police. Had he believed you were impaired, the next step would have been a breathalyzer test. There's a minimum legal limit for a reason and you more than likely would have been under that had you taken a breathalyzer test (based on 2 beers in 4 hours)...IANAD (i am not a doctor)

My real concern is why he replied "good" when you said you didn't have any firearms with you.

[Keith B]

If you had been drinking (and you had), even with just a couple of beers the officer will normally be able to smell it on your breath. Your friends are correct that an officer can cite you for DWI (DUI is for minors) if they feel you are impaired. However, if you feel you are not impaired, then IMO you should answer truthfully. Unless your speech is slurred and you are having trouble with your eyes tracking or walking, then you should not have an issue.

One note, if you have an impairment or other type of issue where you are not steady on your feet, you need to make sure the officer knows it before taking a FST. I know of a case where an individual failed the FST due to his swaggered walk and not being able to walk toe-to-heel. The officer took him in and charged him with DWI, even though he only blew a .04 BAC and had been told about the MS. Unfortunately it was a saturation weekend and the officers were looking to get volume, and he was leaving a concert, so the officer assumed there were other things in his system that were contributing to his impairment. The individual (my brother) had to produce documents showing he has MS (multiple sclerosis) and has trouble walking. The prosecutor eventually dropped the charges, but not until he had to do some major 'splainin'.

[USA1]

If you had been drinking (and you had), even with just a couple of beers the officer will normally be able to smell it on your breath.

Precisely. That's one of the first things they are trained to look for.
So if you answer "no" after he or she smells alcohol, it's only going to go downhill from that point.

I think VMaxer did the right thing and all turned out well.

[sjfcontrol]

So, if you've been drinking, and don't want to answer (or lie) to the "Have you been drinking" question -- How do you respond? Just sit there mutely? Smile stupidly? Throw up on the officers shoes?

[USA1]

So, if you've been drinking, and don't want to answer (or lie) to the "Have you been drinking" question -- How do you respond? Just sit there mutely? Smile stupidly? Throw up on the officers shoes?

You say "I have not had a single beer" *burp*

[sjfcontrol]

So, if you've been drinking, and don't want to answer (or lie) to the "Have you been drinking" question -- How do you respond? Just sit there mutely? Smile stupidly? Throw up on the officers shoes?

You say "I have not had a single beer".

Ohhh -- You're bad!

[Commander Cody]

In "dog beers"...

[PUCKER]

I'm gonna guess that the "two beers" answer to the cop = 10 beers, for most folks that the cops suspect of DWI.

[RPB]

One note, if you have an impairment or other type of issue where you are not steady on your feet, you need to make sure the officer knows it before taking a FST. I know of a case where an individual failed the FST due to his swaggered walk and not being able to walk toe-to-heel. The individual (my brother) had to produce documents showing he has MS (multiple sclerosis) and has trouble walking. The prosecutor eventually dropped the charges, but not until he had to do some major 'splainin'.

I was born with a curved left tibia (in addition to no left hand) and at a couple medical exams, the doctors had me do heel toe walking etc etc just like a sobriety test, I sorta lost balance and put 1 finger out to steady myself against a hallway wall ... doctor says "you're cheating" I said "you're supposed to watch my feet"
We both laughed. I don't even drink, but not sure I could pass "the test"

[RPBrown]

I only drink on rare occassions, maybe one beer a year, but cannot pass "the test". I guess its due to being heavy in the front that throws my balance off. So they better be ready to do the blood test pronto.

[NEB]

I had a patient who had an acoustic neuroma taken out long before some of the modern advances in delicate surgery. Between that surgery and scar tissue with resultant follow-up surgeries to remove said scarring, her vestibular system was really out of sorts (she couldn't walk down a hallway without bouncing off either wall when I first started working with her). She also has partial paralysis of some of the muscles of her face because of the surgeries, and her speech was slurred. Honestly, with the drooping eyelids, unsteady eyes, weavy balance, and slurred speech, it would be easy to mistake her as under the influence.

That very thing happened one night a number of years ago, and she was cuffed in the back of a squad car before she finally convinced the officer (showed him the surgery scars, I believe) that she had not been drinking and had legitimate medical issues.

I rarely even have one drink, but I would always be honest with an officer. The bottom line: IF you've had something to drink, NEVER put yourself in a situation where it is possible the officer could suspect you of driving under the influence.

--NEB

[gigag04]

The 2 beers answer carries alot more credibility if you answer in the specific, something like this:

Yes sir, I had one beer while waiting for our appetizer, it was a 12oz draft sam adams at about 10pm. I had a second beer, same kind about an hour later, after we ate. I drank a glass of water and headed home about midnight.

Some on this forum hate telling the police anything, and that's fine, but during a DWI stop, I'm asking the individual very few questions that I don't know the answer to. If I detect deception that works against the person, not for them.

[gigag04]

I had a patient who had an acoustic neuroma taken out long before some of the modern advances in delicate surgery. Between that surgery and scar tissue with resultant follow-up surgeries to remove said scarring, her vestibular system was really out of sorts (she couldn't walk down a hallway without bouncing off either wall when I first started working with her). She also has partial paralysis of some of the muscles of her face because of the surgeries, and her speech was slurred. Honestly, with the drooping eyelids, unsteady eyes, weavy balance, and slurred speech, it would be easy to mistake her as under the influence.

That very thing happened one night a number of years ago, and she was cuffed in the back of a squad car before she finally convinced the officer (showed him the surgery scars, I believe) that she had not been drinking and had legitimate medical issues.

I rarely even have one drink, but I would always be honest with an officer. The bottom line: IF you've had something to drink, NEVER put yourself in a situation where it is possible the officer could suspect you of driving under the influence.

--NEB

Did she bring up the medical issues during the medical pre-screen of the SFSTs?

[pbwalker]

What is it with "Two Beers"? That seems to be the universal answer to "How much have you had to drink tonight?". I see it on all the police TV shows, Cops, TruTV, etc.

Is there some magical occurrence after two beers that people generally don't want to admit to?