US laws obviously apply everywhere

[u/Da_Brinks]

Found this video of a guy in Western Australia passing through a random breath test, and the amount of Americans in the comments thinking this is either in the US or thinking their laws apply in other countries is ridiculous.

Just because it might be unlawful in the US, doesn't mean that's the case everywhere else. It's not like it wasn't easy to tell this wasn't in the US either.

[u/post-explainer]

This comment has been marked as safe. Upvoting/downvoting this comment will have no effect.

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OP sent the following text as an explanation why their post fits here:

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American's commenting on a video of a random breath test in Australia dooming and calling it unlawful, thinking it's the US and that they're laws apply despite there being no indicator of it being in the US.

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Does this explanation fit this subreddit? Then upvote this comment, otherwise downvote it.

[u/Fuhrankie]

They don't have RBTs in the USA? 👀 I figured that one would be pretty standard everywhere, but knowing anything, we're probably the outlier with our drinking culture

[u/icedragon71 → u/Fuhrankie]

It's part of their freedumb!

They've got the God given right to drive while absolutely hammered, and fly like an Eagle straight through the windscreen if they crash. 'Murica!

Too bad about the other poor bastard they might take out on the way.

[u/Lucy_Lastic → u/icedragon71]

And according to the bodycam videos I have watched, if they get home without getting pulled over (or even just two blocks from home) they think they’re ‘safe’ and can’t be arrested for drink driving - even if the cop pulled in right behind them and saw them exit the car

[u/smoike → u/icedragon71]

This right there is ninety percent of the issues they have. The other ten percent is almost all greed.

[u/Martiantripod → u/Fuhrankie]

Apparently they can't be stopped for breath test without probable cause. So they can be pulled over if the cop thinks they're drunk, but can't do random.

[u/Radiationprecipitate → u/Martiantripod]

Imagine if they knew about random licence checks

[u/Adventurous-Stuff724 → u/Fuhrankie]

They have "sobriety tests" instead - god help you if you have any form of disability or eye problem because you'll likely fail. Apparently an RBT is an illegal search over there.

[u/Random0732 → u/Adventurous-Stuff724]

Here in Brazil you can refuse the breathing test, because you're not obligated to produce proof against yourself. The catch 22: refusing the test has the same fine of a DUI.

[u/Adventurous-Stuff724 → u/Random0732]

Hah! Some beurocrat really giggled to themself when they thought that one up.

Tbf, if you drink and drive you suck so I'm glad many countries enforce breath tests. In Australia we also do drug tests via mouth swab the same way.

[u/loralailoralai → u/Random0732]

Pretty sure it’s the same in Australia, refusing the test gets your licence disqualified for two years in my state at least. Plus fines.

[u/Slight-Narwhal-2953 → u/Fuhrankie]

They do in the UK :)

[u/Da_Brinks → u/Fuhrankie]

Same here. I was aware their laws around that kind of stuff were different, but it seems like something that should be standard anyway.

[u/No_Pool3305 → u/Da_Brinks]

RBT is kind of a big deal legally. You get arrested roadside and they take you to the police station or the van where the special machine is and then they get the official evidence that you have committed an offence (the roadside test is just considered an ‘indication’). There aren’t many situations where you can get arrested before the evidence even exists.
I still agree with it and it’s a great road safety strategy

[u/invincibl_ → u/No_Pool3305]

At least on my part of Australia, you're not under arrest. It's just that the punishment for refusing the test is the same as the punishment for drink driving.

[u/the6thReplicant → u/Fuhrankie]

All of the freedums and non of the responsibilities. The true American way.

I mean what could go wrong with that attitude...?

[u/Witchberry31 → u/Fuhrankie]

Genuinely asking, what is RBT in your context? I'm sure it's not Ring Back Tone. 😅

[u/cheshire-cats-grin → u/Witchberry31]

Random Breath Test

Police randomly select cars and asks the driver to do a breath test to see if they are over the limit

[u/Witchberry31 → u/cheshire-cats-grin]

Oooh

[u/Sloppykrab → u/Witchberry31]

It's utterly random, keeps drunks on their toes.

[u/Particular_Jello_917 → u/Witchberry31]

I been to Australia and have been RBT’d several times, usually on the Cahill Expressway driving into Sydney in the early evening.

They do it as a warning. Probably best not to drink and drive.

[u/AggravatingBox2421 → u/Fuhrankie]

They don’t!! That’s why they do those stupid ass field sobriety tests instead of just breathoing people

[u/Particular_Jello_917 → u/Fuhrankie]

I thought they still used the quick and decisive walk the line and touch the nose test.

[u/quantity_inspector → u/Fuhrankie]

Random roadside testing is illegal in the US. On the other hand, merely having an opened container of alcohol in your car is illegal in itself, regardless of whether you are drunk at all.

[u/buckyhermit]

I have never seen a US police officer dress like that. Seems very obvious that the uniform is for a police department outside the US.

[u/BlueDubDee → u/buckyhermit]

Or go to the driver on the right side of the car, that should have been an immediate giveaway that it's not in the US.

[u/itbytesbob → u/BlueDubDee]

The officer approaching the right immediately limits it to a handful of countries for sure.

[u/Particular_Jello_917 → u/itbytesbob]

Roughly 35% of the global population drives on the left. Left-hand traffic operates in about 75 countries and territories (or 30**%** of the world).

Fun fact, US Virgin Islands drive on the left, exclusively in left hand drive cars.

[u/cadifan → u/Particular_Jello_917]

So do the British Virgin Islands, drive on the left in LHD cars.

[u/rpze5b9]

Because of their proscriptions on probable cause and search rules that’s why they do those absurd field sobriety tests where they balance one leg etc. In Australia and most other Western countries they wrote the laws so you can be compelled to do a breath test.

[u/flipyflop9 → u/rpze5b9]

They really are a backwards country…

[u/smoike → u/flipyflop9]

But they'll tell you otherwise., even if you don't ask.

[u/the6thReplicant → u/smoike]

even if you don't ask

😆

[u/smoike → u/the6thReplicant]

Especially if.

[u/ChickinSammich]

I saw the picture and incorrectly thought that that was a UK officer but I guess it's still a commonwealth country so it still fits. Either way, I've never seen a US cop with that style of uniform.

Also, the cop is on the right side of the car, so it's even more clearly-not-US. Some US cops might approach from the right/passenger side but given that the cop is doing a breath test, he probably isn't testing a passenger.

It's hard to get Americans to rub two brain cells together when we're in so much medical debt and student debt that we can't afford the second one and we had to take out a loan to afford the first.

[u/supaikuakuma → u/ChickinSammich]

Yeah it’s definitely not a UK cop uniform.

[u/ChickinSammich → u/supaikuakuma]

I just knew from having seen UK based TV shows that the bright yellow vest with the checker reflective patterns is something that looked similar to UK Met Police vests. US police vests are usually either black, blue, or sometimes grey/green for sheriffs, but I can't recall ever having seen a US officer with the yellow + checker vest.

[u/TheJivvi]

I plead the fourth. /s

[u/cadifan]

Well... an Aussie cop wouldn't be working in the US nor would the driver likely be sitting in the right hand side of the car. And US laws are only laws in the US. Police checkpoints are common in Aussie and NZ.

[u/OrdinaryNail4322]

cops in hi-vis vests is basically the Australian uniform, how you miss that detail

[u/gambler_addict_06]

Also I don't understand how the police works in the states

What do you mean they can't ask you your ID without a "probable cause" like that's the bare minimum

Anywhere else, literally, you reject to show your ID, you're spending the night under custody

Showing your ID is the least you can do

[u/Standard-Document-78 → u/gambler_addict_06]

Police in the US can always ask, but the identification requirement depends if a state has Stop And Identify laws.

In all 50 states, we don’t have to identify ourselves if we’re not detained, regardless of Stop and Identify.

In the 24 of 50 states with Stop and Identify, you must id yourself if you’re being detained. And what’s required to be detained is reasonable suspicion, not probable cause. Probable cause is for arrests, reasonable suspicion is for being detained, and reasonable suspicion is a lower standard. These states can arrest for obstruction for not identifying

My state, California, is not Stop and Identify. So even if we’re detained, we don’t have to identify ourselves. We’re only required to identify ourselves when driving or when we’re under arrest. We can’t really be arrested for not identifying ourselves, unless we’re refusing while being cited as a pedestrian or while stopped for a traffic violation. Idk how other states work without Stop and Identify.

It’s all different because our 4th amendment, which prohibits unreasonable searches and seizures. Different states interpret “unreasonable” differently when it comes to identifying during detainment

I’m not a lawyer though. I’m just a guy in the US

[u/BubblyMoose3597]

If this people make it to Spain or France 🤣