this post was submitted on 09 Jun 2026
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Even if that is true, there are BAC tests.
There are plenty of documented incidents of this if you bother to look without blindly trusting police. Just because you blow zeroes doesn't mean you don't still get charges, jail time, fees, and court. The cop just claims you sobered up before administering the test, but you were definitely intoxicated initially based on their "extensive training, experience, and superhuman abilities that supercede an impartial and scientifically accurate machine." Yes, this holds up in court regularly.
Also that’s what the other field sobriety tests are for. To see if someone is impaired. Really it’s so they have an excuse to book you since those tests can be difficult for anyone with mobility issues or just if the cop feels like being a dick which is often.
When I was in the academy a decade ago, the instructors gave us about two dozen ways of fucking with someone doing FSTs that would look okay on body cam but make the tester fail, to give more weight in court.
Any lawyer worth their salt will tell you that unless your local laws require you to do FSTs, you should refuse them. Fuck anyone actually driving intoxicated, but if you get pulled for DUI you're getting railroaded whether you're sober or not, so you should defend yourself in as many ways as the law provides.
Police can, and will, still charge people the DUI even after they pass breathalyzer tests.
It really depends on the cop, how shitty they are, and how bad of a day they're having.
And probably depends on what country you're in.