you can decline a field sobriety test of any sort. They need probably cause to stop you, reasonable suspicion to arrest you. They also can’t detain you for an unreasonable amount of time.

Cops trample over these rights regularly. Get their camera footage and you might have a way to get the case dismissed.

Anything you say to a cop, regardless of whether they read you your rights, can and will be used against you.

Do not ever talk to cops. Don’t answer their questions with more than a polite “I don’t want to talk about my day, sir.” If they keep pressing say “I invoke my fifth amendment right to remain silent and want a lawyer”

This message has been brought to you by Shut the Fuck Up Friday.

Very much not a lawyer but in the US from what I understand you don’t have to consent to a field sobreity test at all (IE the breathalyzer), but the cops can require you to come to the station for, the tests that they refused to give you.

As far as Miranda rights, that’s kind of misunderstood, in short if you weren’t formerly brought into an interogation room. or put in jail, it’s not a strong requirement for them to read it.

I don’t have the full picture but if you aren’t in jail, then you’ve basically got a BS ticket. They might be able to hit you for reckless driving or something if you were swerving or something in your driving lead to the actual suspicion and they have it on dash cam, but the DWI itself, should fall apart instantly without evidence.

I know my ex got out of a DWI that she was very guilty of, simply by police incompetence (cops lost the test results),

As for smelling something suspicious- hemp is legal in most states and only discernible (but not really) by testing through a state approved lab. When you buy hemp online it comes with a letter to law enforcement saying that it’s legal. I carry one of those letters in my bag.

the land of freedom (insert bald eagle noises)

This day and age you should be grateful you only got a ticket and you’re not in a concentration camp somewhere.

In all seriousness, yes cops suck. Go to court, if they got nothing, you may be able to get out of it.

Something similar happened to me once. I was driving back from my friend’s house a state away, and had just taken a passenger ferry to cross a large sound. I had my dog with me, who was sleeping in the passenger seat at the time, and the back of the car was full of luggage.

Of course, as I’m about to get home I get pulled over and accused of drinking. I hadn’t had a single drop to drink that day. What followed was a 20 minute interrogation on the side of the road trying to get a confession that never came. The pigs kept trying to put words into my mouth. They insisted repeatedly that I had been on a party boat (with my dog somehow), and kept implying that my dog was dangerous (she was asleep). I legitimately feared they were trying to fabricate a reason to shoot her.

Then they returned to their cop car and spend ages doing whatever it is pigs do in their mobile pen. I assume talking and checking my background for any criminal activity (I have none). Finally, they returned in a huff, gave me my license, and sent me off

They don’t need to read you your rights for a field sobriety test. I believe every state has laws that make consent a condition of the drivers license and establish that the tests aren’t self incrimination.

They should have read you your rights but if they didn’t question you after arrest it’s probably academic, since failure to do so would mean the answers you didn’t give to the questions they didn’t ask were inadmissible.

A dwi doesn’t require alcohol. They could just say you were on “something”. It’s a catchall for not being in a fit state to drive.

Anything anyone says here is pointless. You need to talk to a lawyer.

Get a good lawyer yesterday, don’t talk to the cops.

Just wait until they start screaming “Stop Resisting” for no reason. That’s when you’re either going to end up in a hospital or a grave. Get a lawyer and good luck.

Sorry to hear. Good luck!