Current Events > Have you ever heard that if you're arrested for a suspected DUI that you should

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CedarPointcp 05/27/20 6:20:33 PM #1:	...refuse to take the breathalyzer? that this is a better move than blowing in that thing and then they def. know you're drunk? <cite>CedarPointcp posted [p:939798687] in Have you e... [t:78724700]...</cite> <quote>...refuse to take the breathalyzer? that this is a better move than blowing in that thing and then they def. know you're drunk? </quote> ... Copied to Clipboard!
Irony 05/27/20 6:21:36 PM #2:	Yes, they'll just arrest you on the spot --- I am Mogar, God of Irony and The Devourer of Topics. <cite>Irony posted [p:939798738] in Have you e... [t:78724700]...</cite> <quote>Yes, they'll just arrest you on the spot </quote> ... Copied to Clipboard!
Cornmuffins 05/27/20 6:23:17 PM #3:	Yes. Also, don't take the FST's. It's when you refuse at the hospital when your license gets suspended. At least in California. --- Getting C's and D's, saying thanks and please. You broke the golden rule, you're staying after school. <cite>Cornmuffins posted [p:939798819] in Have you e... [t:78724700]...</cite> <quote>Yes. Also, don't take the FST's. It's when you refuse at the hospital when your license gets suspended. At least in California.</quote> ... Copied to Clipboard!
Unsugarized_Foo 05/27/20 6:24:33 PM #4:	Yeah, sometimes they'll just let you on your way because you'll be a bigger pain to deal with and there is ways another --- "All I have is my balls and my word, and I don't break them for anyone!"-Tony Montana <cite>Unsugarized_Foo posted [p:939798882] in Have you e... [t:78724700]...</cite> <quote>Yeah, sometimes they'll just let you on your way because you'll be a bigger pain to deal with and there is ways another </quote> ... Copied to Clipboard!
UnfairRepresent 05/27/20 6:25:17 PM #5:	As a defense attorney and DUI practitioner, I get asked a lot of questions by my clients, friends, and fellow attorneys. But no question is more common than, should I refuse the breathalyzer and/or the field sobriety tests (FSTs)? Like most legal questions, this one is not easy to answer, either. Any attorney worth his salt will tell you to refuse both. But, States have a mechanism in place to encourage you to agree to blow into the machine, which we will discuss. This blog post is devoted to explaining why it is beneficial for you and your case in the Commonwealth of Kentucky, and possibly in other jurisdictions, to politely refuse the police officers request to blow into the machine (both portable and the one at the station) as well as to refuse the standardized FSTs. In an ideal world, you would refuse both the breathalyzer and FSTs, and the government would have no case against you (except for the officers testimony). However, last time I checked, we do not live in a Utopia. Therefore, we must deal with the facts. If you have consumed alcohol, the officer will be alerted to your red, watery, and bloodshot eyes, smell of alcohol, and slurred speech. This gives him reasonable suspicion that a crime has been committed which opens the door to further investigation, but not probable cause to arrest Yet. This is where the police officer will request that you complete FSTs, and/or administer his Portable Breathalyzer Test (PBT). He has authority to give you the breath test per KRS 189A.103(3). You are to refuse both! I cannot emphasize this enough. But, what if you dont know this important piece of advice, and submit to them (like many people do on a day-to-day basis)? Lets see what happens. Well, first, if you have indeed recently been drinking, and are possibly close to or over that magic 0.08 figure, and you blow into the PBT, youve just given the police officer the probable cause he needs to arrest you! He doesnt need anything else even if you refuse the FSTs, he now has the lawful right to arrest you right on the spot. Furthermore, the FSTs, even though the National Highway Traffic and Safety Administration (NHTSA) claims that they are tests of divided attention (just like when youre driving you have to be able to steer, and change gears if its a manual, while paying attention to your surroundings), ask yourself the following question: how many years have you been driving? Now compare that experience to how many times youve done FSTs. Chances are youve never done them. Ever. How is that fair? Well, according to our government, it is. And if you refuse to complete them, the police officer cannot use it against you in court (but he will do everything in his power to find cause to arrest you because, if you were sober, why would you refuse such simple tests?) The tests are designed to fail you. That is the reality of it. Dont let anyone fool you otherwise. Now youre at the station. Lets say youve submitted to the PBT, and blew over a 0.08, but refused the FSTs. You are now confronted with the Intoxilyzer machine. Kentucky, like most jurisdictions, has an implied consent statute in place. That means that by virtue of the Commonwealth issuing you an operators license and permitting you to drive your vehicle of choice on Kentuckys roads you have impliedly consented to a test of your blood, breath, or urine (KRS 189A.103(1)). Note: this statute applies even if you are dead or unconscious (KRS 189A.103(2)). Now, you have two options: One, submit to the test and risk the result, or two, refuse to blow. If you submit to the Intoxilyzer, and blow over a 0.08 youve just given the Commonwealth two avenues of prosecution against you: 1) KRS 189A.010(1)(a) the per se DUI (Intoxilyzer result over 0.08); and 2) KRS 189A.010(1)(b) the opinion DUI (police officers testimony). Had you refused the machine altogether, the Commonwealth can only pursue you for the opinion DUI. But theres a small catch. Did I say small catch? Some would say its a pretty big one. Per KRS 189A.105(2)(a)(1), if you refuse to submit to the blood, breath, or urine tests, the effects are as follows: 1) the refusal may be used against you in court as evidence of violating KRS 189A.010 (the DUI statute); 2) your drivers license will be suspended until the resolution of your case; 3) if you refuse the tests and are subsequently convicted of DUI, you will be subjected to a mandatory minimum jail sentence which is twice as long as the mandatory minimum jail sentence imposed if you submit to the tests (which is 4 days instead of 2 for a first offense); and 4) you will be unable to obtain a hardship license after the 30 day mandatory suspension period elapses (for first offense DUI). Pretty harsh, huh? As you can see, the Commonwealth has done everything in its power to scare you into taking a blood, breath, or urine tests. Nevertheless, despite these seemingly harsh consequences of refusal, it is still beneficial for you to refuse! It is harder to disprove a negative when the prosecution has the number that works against you, because people like to believe technology works properly. It is much easier to discredit a police officer on cross examination than to prove the a machine was faulty. But arent you forgetting something? What about the PBT, Mr. DUI Guy? Im glad you asked. The PBT is inadmissible in Court. Per KRS 189A.104, no other breathalyzer machine except the one that is installed, tested, and maintained by the Commonwealth at a police station or detention facility is admissible in a court proceeding. So the PBT result must be excluded. A 2008 Kentucky Court of Appeals case explicitly stated that, the pass/fail result of a PBT is admissible for the limited purpose of establishing probable cause for an arrest at a hearing on a motion to suppress. Greene v. Commonwealth, 244 S.W.3d 128 (Ky. Ct. App. 2008) (emphasis added). The prosecution cannot introduce the PBT result to the jury, and it is reversible error to do so. If you refuse to do the FSTs and PBT roadside, your chances of getting arrested may not change. Even if you do get arrested, and continue to refuse to cooperate with any of the officers requests to complete a breath, blood, or urine test as well as the FSTs, your Kentucky operators license will be suspended while your case is pending (KRS 189A.107(1)). However! Youve just significantly increased your chances of beating your DUI because the Commonwealth cannot pursue your case under the per se part of the DUI statute, namely the 0.08, and must rely on the opinion DUI which is based 100% on the police officers testimony as to his observations and impressions of you, which is easier for an experienced DUI practitioner to attack and discredit on cross examination. Short Answer: Yes you should refuse. Long answer: You're pretty much fucked either way. Once a cop has asked you take it, you're screwed. They are going to arrest you one way or the other. The only difference is long term potentials --- ^ Hey now that's completely unfair! https://imgur.com/yPw05Ob <cite>UnfairRepresent posted [p:939798916] in Have you e... [t:78724700]...</cite> <quote>As a defense attorney and DUI practitioner, I get asked a lot of questions by my clients, friends, and fellow attorneys. But no question is more common than, should I refuse the breathalyzer and/or the field sobriety tests (FSTs)? Like most legal questions, this one is not easy to answer, either. Any attorney worth his salt will tell you to refuse both. But, States have a mechanism in place to encourage you to agree to blow into the machine, which we will discuss. This blog post is devoted to explaining why it is beneficial for you and your case in the Commonwealth of Kentucky, and possibly in other jurisdictions, to politely refuse the police officers request to blow into the machine (both portable and the one at the station) as well as to refuse the standardized FSTs. In an ideal world, you would refuse both the breathalyzer and FSTs, and the government would have no case against you (except for the officers testimony). However, last time I checked, we do not live in a Utopia. Therefore, we must deal with the facts. If you have consumed alcohol, the officer will be alerted to your red, watery, and bloodshot eyes, smell of alcohol, and slurred speech. This gives him reasonable suspicion that a crime has been committed which opens the door to further investigation, but not probable cause to arrest Yet. This is where the police officer will request that you complete FSTs, and/or administer his Portable Breathalyzer Test (PBT). He has authority to give you the breath test per KRS 189A.103(3). You are to refuse both! I cannot emphasize this enough. But, what if you dont know this important piece of advice, and submit to them (like many people do on a day-to-day basis)? Lets see what happens. Well, first, if you have indeed recently been drinking, and are possibly close to or over that magic 0.08 figure, and you blow into the PBT, youve just given the police officer the probable cause he needs to arrest you! He doesnt need anything else even if you refuse the FSTs, he now has the lawful right to arrest you right on the spot. Furthermore, the FSTs, even though the National Highway Traffic and Safety Administration (NHTSA) claims that they are tests of divided attention (just like when youre driving you have to be able to steer, and change gears if its a manual, while paying attention to your surroundings), ask yourself the following question: how many years have you been driving? Now compare that experience to how many times youve done FSTs. Chances are youve never done them. Ever. How is that fair? Well, according to our government, it is. And if you refuse to complete them, the police officer cannot use it against you in court (but he will do everything in his power to find cause to arrest you because, if you were sober, why would you refuse such simple tests?) The tests are designed to fail you. That is the reality of it. Dont let anyone fool you otherwise. Now youre at the station. Lets say youve submitted to the PBT, and blew over a 0.08, but refused the FSTs. You are now confronted with the Intoxilyzer machine. Kentucky, like most jurisdictions, has an implied consent statute in place. That means that by virtue of the Commonwealth issuing you an operators license and permitting you to drive your vehicle of choice on Kentuckys roads you have impliedly consented to a test of your blood, breath, or urine (KRS 189A.103(1)). Note: this statute applies even if you are dead or unconscious (KRS 189A.103(2)). Now, you have two options: One, submit to the test and risk the result, or two, refuse to blow. If you submit to the Intoxilyzer, and blow over a 0.08 youve just given the Commonwealth two avenues of prosecution against you: 1) KRS 189A.010(1)(a) the per se DUI (Intoxilyzer result over 0.08); and 2) KRS 189A.010(1)(b) the opinion DUI (police officers testimony). Had you refused the machine altogether, the Commonwealth can only pursue you for the opinion DUI. But theres a small catch. Did I say small catch? Some would say its a pretty big one. Per KRS 189A.105(2)(a)(1), if you refuse to submit to the blood, breath, or urine tests, the effects are as follows: 1) the refusal may be used against you in court as evidence of violating KRS 189A.010 (the DUI statute); 2) your drivers license will be suspended until the resolution of your case; 3) if you refuse the tests and are subsequently convicted of DUI, you will be subjected to a mandatory minimum jail sentence which is twice as long as the mandatory minimum jail sentence imposed if you submit to the tests (which is 4 days instead of 2 for a first offense); and 4) you will be unable to obtain a hardship license after the 30 day mandatory suspension period elapses (for first offense DUI). Pretty harsh, huh? As you can see, the Commonwealth has done everything in its power to scare you into taking a blood, breath, or urine tests. Nevertheless, despite these seemingly harsh consequences of refusal, it is still beneficial for you to refuse! It is harder to disprove a negative when the prosecution has the number that works against you, because people like to believe technology works properly. It is much easier to discredit a police officer on cross examination than to prove the a machine was faulty. But arent you forgetting something? What about the PBT, Mr. DUI Guy? Im glad you asked. The PBT is inadmissible in Court. Per KRS 189A.104, no other breathalyzer machine except the one that is installed, tested, and maintained by the Commonwealth at a police station or detention facility is admissible in a court proceeding. So the PBT result must be excluded. A 2008 Kentucky Court of Appeals case explicitly stated that, the pass/fail result of a PBT is admissible for the limited purpose of establishing probable cause for an arrest at a hearing on a motion to suppress. Greene v. Commonwealth, 244 S.W.3d 128 (Ky. Ct. App. 2008) (emphasis added). The prosecution cannot introduce the PBT result to the jury, and it is reversible error to do so. If you refuse to do the FSTs and PBT roadside, your chances of getting arrested may not change. Even if you do get arrested, and continue to refuse to cooperate with any of the officers requests to complete a breath, blood, or urine test as well as the FSTs, your Kentucky operators license will be suspended while your case is pending (KRS 189A.107(1)). However! Youve just significantly increased your chances of beating your DUI because the Commonwealth cannot pursue your case under the per se part of the DUI statute, namely the 0.08, and must rely on the opinion DUI which is based 100% on the police officers testimony as to his observations and impressions of you, which is easier for an experienced DUI practitioner to attack and discredit on cross examination. Short Answer: Yes you should refuse. Long answer: You're pretty much fucked either way. Once a cop has asked you take it, you're screwed. They are going to arrest you one way or the other. The only difference is long term potentials</quote> ... Copied to Clipboard!
Corrupt_Power 05/27/20 6:25:30 PM #6:	The thinking is you're going to get arrested either way - it's easier to get off on your sleazy lawyer's technicality of choice if you don't willingly provide hard evidence against yourself. Drunk drivers deserve everything they get, though. My blood pressure spikes whenever I hear radio commercials for a local DUI lawyer group. Scumbags. --- Posted with GameRaven 3.5.2 <cite>Corrupt_Power posted [p:939798930] in Have you e... [t:78724700]...</cite> <quote>The thinking is you're going to get arrested either way - it's easier to get off on your sleazy lawyer's technicality of choice if you don't willingly provide hard evidence against yourself. Drunk drivers deserve everything they get, though. My blood pressure spikes whenever I hear radio commercials for a local DUI lawyer group. Scumbags.</quote> ... Copied to Clipboard!
inloveanddeath0 05/27/20 6:27:17 PM #7:	Corrupt_Power posted... The thinking is you're going to get arrested either way - it's easier to get off on your sleazy lawyer's technicality of choice if you don't willingly provide hard evidence against yourself. Drunk drivers deserve everything they get, though. My blood pressure spikes whenever I hear radio commercials for a local DUI lawyer group. Scumbags. Better Call Saul! --- http://www.last.fm/user/PolarPolaroids <cite>inloveanddeath0 posted [p:939799011] in Have you e... [t:78724700]...</cite> <quote>Corrupt_Power posted... </cite> <quote>The thinking is you're going to get arrested either way - it's easier to get off on your sleazy lawyer's technicality of choice if you don't willingly provide hard evidence against yourself. Drunk drivers deserve everything they get, though. My blood pressure spikes whenever I hear radio commercials for a local DUI lawyer group. Scumbags.</quote>Better Call Saul! </quote> ... Copied to Clipboard!
BobanMarjanovic 05/27/20 6:29:55 PM #8:	Or just don't drink and drive --- "The only people with more concussions than NFL players are their wives." <cite>BobanMarjanovic posted [p:939799144] in Have you e... [t:78724700]...</cite> <quote>Or just don't drink and drive </quote> ... Copied to Clipboard!
darkprince45 05/27/20 6:30:02 PM #9:	if You refuse all you did was save me 20 minutes testing and get arrested. Then we get a search warrant and draw your blood. Now. We get the most accurate testing and the judge will fuck you for being uncooperative. Every DUi court case I had where the guy refused, he lost --- https://imgur.com/NvktIWl <cite>darkprince45 posted [p:939799148] in Have you e... [t:78724700]...</cite> <quote>if You refuse all you did was save me 20 minutes testing and get arrested. Then we get a search warrant and draw your blood. Now. We get the most accurate testing and the judge will fuck you for being uncooperative. Every DUi court case I had where the guy refused, he lost </quote> ... Copied to Clipboard!
EmbraceOfDeath 05/27/20 6:31:26 PM #10:	BobanMarjanovic posted... Or just don't drink and drive --- PSN/GT: BigDaffej <cite>EmbraceOfDeath posted [p:939799226] in Have you e... [t:78724700]...</cite> <quote>BobanMarjanovic posted... </cite> <quote>Or just don't drink and drive</quote></quote> ... Copied to Clipboard!
ChainedRedone 05/27/20 6:35:11 PM #11:	Corrupt_Power posted... The thinking is you're going to get arrested either way - it's easier to get off on your sleazy lawyer's technicality of choice if you don't willingly provide hard evidence against yourself. Drunk drivers deserve everything they get, though. My blood pressure spikes whenever I hear radio commercials for a local DUI lawyer group. Scumbags. You do realize everyone has the right to a lawyer, right? --- David Mink. Hero. https://c1.staticflickr.com/7/6043/6337878059_009dd4c4f3_z.jpg <cite>ChainedRedone posted [p:939799418] in Have you e... [t:78724700]...</cite> <quote>Corrupt_Power posted... </cite> <quote>The thinking is you're going to get arrested either way - it's easier to get off on your sleazy lawyer's technicality of choice if you don't willingly provide hard evidence against yourself. Drunk drivers deserve everything they get, though. My blood pressure spikes whenever I hear radio commercials for a local DUI lawyer group. Scumbags.</quote> You do realize everyone has the right to a lawyer, right? </quote> ... Copied to Clipboard!
Tropicalwood 05/27/20 6:35:16 PM #12:	In my state they'll suspend your license for a year, subsequent refusals after that are a criminal offense. --- ayy lmao ayy lmao \|\| oaml oaml yya yya ayy lmao ayy lmao \|\| oaml oaml yya yya <cite>Tropicalwood posted [p:939799426] in Have you e... [t:78724700]...</cite> <quote>In my state they'll suspend your license for a year, subsequent refusals after that are a criminal offense. </quote> ... Copied to Clipboard!
DarthAragorn 05/27/20 6:36:34 PM #13:	BobanMarjanovic posted... Or just don't drink and drive <cite>DarthAragorn posted [p:939799494] in Have you e... [t:78724700]...</cite> <quote>BobanMarjanovic posted... </cite> <quote>Or just don't drink and drive</quote> </quote> ... Copied to Clipboard!
E32005 05/27/20 6:38:50 PM #14:	BobanMarjanovic posted... Or just don't drink and drive this as someone who has lost a dear friend to a shitty drunk driver, anyone that does it can go fuck themselves and rot in prison. no sympathy no tolerance. --- https://imgur.com/LAvnefi <cite>E32005 posted [p:939799593] in Have you e... [t:78724700]...</cite> <quote>BobanMarjanovic posted... </cite> <quote>Or just don't drink and drive</quote>this as someone who has lost a dear friend to a shitty drunk driver, anyone that does it can go fuck themselves and rot in prison. no sympathy no tolerance. </quote> ... Copied to Clipboard!
AlCalavicci 05/27/20 6:40:31 PM #15:	UnfairRepresent posted... The tests are designed to fail you. That is the reality of it. Dont let anyone fool you otherwise. This annoys the hell out of me. One time about ten years ago I got pulled over for taking the exit ramp home pretty fast. I had worked a closing shift at my job (which was until about 9pm) went to the bar with a friend and had one beer while we waited for a movie, saw whatever movie it was (so like 1.5 hrs at least), and then I drove home. So I was probably taking the ramp around like midnightish or later. The one beer had clearly worn off. The cops that pulled me over asked if I was drinking and had me do the field sobriety tests. It was at least two tests, possibly three. Then they asked me to do the breathalyzer. So even though I was sober, I failed the tests enough for them to want to give me a breath test. I willingly was fine taking it, knowing I hadn't been doing any substantial drinking. I think I just got a warning, they didn't give me a ticket for coming off the ramp too fast or anything. But it was a waste of both my time and theirs (yes, I know I should have been going slower) --- http://images4.wikia.nocookie.net/__cb20111123223446/simpsons/images/9/99/K.png I didn't even give you my coat! <cite>AlCalavicci posted [p:939799664] in Have you e... [t:78724700]...</cite> <quote>UnfairRepresent posted... </cite> <quote>The tests are designed to fail you. That is the reality of it. Dont let anyone fool you otherwise.</quote> This annoys the hell out of me. One time about ten years ago I got pulled over for taking the exit ramp home pretty fast. I had worked a closing shift at my job (which was until about 9pm) went to the bar with a friend and had one beer while we waited for a movie, saw whatever movie it was (so like 1.5 hrs at least), and then I drove home. So I was probably taking the ramp around like midnightish or later. The one beer had clearly worn off. The cops that pulled me over asked if I was drinking and had me do the field sobriety tests. It was at least two tests, possibly three. Then they asked me to do the breathalyzer. So even though I was sober, I failed the tests enough for them to want to give me a breath test. I willingly was fine taking it, knowing I hadn't been doing any substantial drinking. I think I just got a warning, they didn't give me a ticket for coming off the ramp too fast or anything. But it was a waste of both my time and theirs (yes, I know I should have been going slower) </quote> ... Copied to Clipboard!
No_U_L7 05/27/20 6:42:52 PM #16:	darkprince45 posted... if You refuse all you did was save me 20 minutes testing and get arrested. Then we get a search warrant and draw your blood. Now. We get the most accurate testing and the judge will fuck you for being uncooperative. Every DUi court case I had where the guy refused, he lost that just gives the guy more time to sober up sounds like you can refuse the field tests with no/minor repercussions, but they can arrest you if that is the officer's opinion that you are DUI then you are obligated to take the tests at the police station, but that just gives you more time to sober up --- https://imgur.com/QPgN9 <cite>No_U_L7 posted [p:939799767] in Have you e... [t:78724700]...</cite> <quote>darkprince45 posted... </cite> <quote>if You refuse all you did was save me 20 minutes testing and get arrested. Then we get a search warrant and draw your blood. Now. We get the most accurate testing and the judge will fuck you for being uncooperative. Every DUi court case I had where the guy refused, he lost</quote> that just gives the guy more time to sober up sounds like you can refuse the field tests with no/minor repercussions, but they can arrest you if that is the officer's opinion that you are DUI then you are obligated to take the tests at the police station, but that just gives you more time to sober up </quote> ... Copied to Clipboard!
gatorsPENSbucs 05/27/20 6:46:01 PM #17:	Theyll more than likely figure a way to say you failed the field sobriety test and then when they take you to the station theyll have you do the breathalyzer. If you think youll be at a lower level by then Id say refuse it. Also if you think theyll forget or wont do it all, then you could use that later on and say they have no actual proof of you being drunk. Or just dont drive drunk --- https://imgur.com/JS8rhmk http://error1355.com/ce/gatorsPENSbucs.html https://imgur.com/pqMQZyw <cite>gatorsPENSbucs posted [p:939799913] in Have you e... [t:78724700]...</cite> <quote>Theyll more than likely figure a way to say you failed the field sobriety test and then when they take you to the station theyll have you do the breathalyzer. If you think youll be at a lower level by then Id say refuse it. Also if you think theyll forget or wont do it all, then you could use that later on and say they have no actual proof of you being drunk. Or just dont drive drunk </quote> ... Copied to Clipboard!
The23rdMagus 05/27/20 6:47:17 PM #18:	If you don't drink before you get behind the wheel, you can't get caught. --- ~Drewnami~ A beacon of Light from a burning screen. <cite>The23rdMagus posted [p:939799970] in Have you e... [t:78724700]...</cite> <quote>If you don't drink before you get behind the wheel, you can't get caught. </quote> ... Copied to Clipboard!
No_U_L7 05/27/20 6:52:54 PM #19:	gatorsPENSbucs posted... Theyll more than likely figure a way to say you failed the field sobriety test you're saying the cops would lie? wouldn't all this be on the dash cam footage? or body cam footage? --- https://imgur.com/QPgN9 <cite>No_U_L7 posted [p:939800248] in Have you e... [t:78724700]...</cite> <quote>gatorsPENSbucs posted... </cite> <quote>Theyll more than likely figure a way to say you failed the field sobriety test</quote> you're saying the cops would lie? wouldn't all this be on the dash cam footage? or body cam footage? </quote> ... Copied to Clipboard!
OgesMC 05/27/20 6:53:33 PM #20:	BobanMarjanovic posted... Or just don't drink and drive Yeah really, just dont. Unfortunately people like with all crimes, just dont care. Its easy as hell to live life as a law abiding citizen. --- R.I.P. Strudel 2007-2019 Best damn dog I ever knew, thank you for being our friend <cite>OgesMC posted [p:939800285] in Have you e... [t:78724700]...</cite> <quote>BobanMarjanovic posted...</cite> <quote>Or just don't drink and drive </quote> Yeah really, just dont. Unfortunately people like with all crimes, just dont care. Its easy as hell to live life as a law abiding citizen.</quote> ... Copied to Clipboard!
SpacialEntropy 05/27/20 6:53:34 PM #21:	No, that's just stupid. Just take the damn breathalyzer and make it easier on yourself. If you're indeed over the limit then you shouldn't be on the road. And I say this as someone who got a DUI 7 years ago. I shouldn't have tried to drive and I deserved my punishment. I never made it onto the road thankfully and backed up into a parked car (no damage was done), but I can only imagine what might have happened. --- Sometimes to stay alive you gotta kill your mind. <cite>SpacialEntropy posted [p:939800287] in Have you e... [t:78724700]...</cite> <quote>No, that's just stupid. Just take the damn breathalyzer and make it easier on yourself. If you're indeed over the limit then you shouldn't be on the road. And I say this as someone who got a DUI 7 years ago. I shouldn't have tried to drive and I deserved my punishment. I never made it onto the road thankfully and backed up into a parked car (no damage was done), but I can only imagine what might have happened. </quote> ... Copied to Clipboard!
HANGtheDJ_86 05/27/20 7:06:17 PM #22:	The23rdMagus posted... If you don't drink before you get behind the wheel, you can't get caught. Someones not familiar with enemas >_> --- Green is the Color <cite>HANGtheDJ_86 posted [p:939800821] in Have you e... [t:78724700]...</cite> <quote>The23rdMagus posted... </cite> <quote>If you don't drink before you get behind the wheel, you can't get caught.</quote> Someones not familiar with enemas >_> </quote> ... Copied to Clipboard!
omega cookie 05/27/20 7:15:44 PM #23:	Depends on the state. For example, in Utah refusal to take a breathalyzer text results in an immediate suspension of your license for 18 months. The law is generally set up to fuck drunk drivers up the ass. It's one of the few things it does right, honestly. --- FFRK: BRKB - Eiko - Guardian Mog <cite>omega cookie posted [p:939801226] in Have you e... [t:78724700]...</cite> <quote>Depends on the state. For example, in Utah refusal to take a breathalyzer text results in an immediate suspension of your license for 18 months. The law is generally set up to fuck drunk drivers up the ass. It's one of the few things it does right, honestly. </quote> ... Copied to Clipboard!
PickleRick2017 05/27/20 7:18:24 PM #24:	From personal experience, my anecdotal advice is to be cooperative and friendly as possible. Over a decade ago, I had a couple incidents where I was foolish and had gotten pulled over. Between the two, the worst penalty I got was a warning. --- -- - <cite>PickleRick2017 posted [p:939801346] in Have you e... [t:78724700]...</cite> <quote>From personal experience, my anecdotal advice is to be cooperative and friendly as possible. Over a decade ago, I had a couple incidents where I was foolish and had gotten pulled over. Between the two, the worst penalty I got was a warning.</quote> ... Copied to Clipboard!
OhioState82 05/27/20 7:29:48 PM #25:	In NC, refusal to blow at the station (not the portabke breath test) results in loss of license and is substantive evidence of guilt. Officers can still get a search warrant for your blood, if they're not lazy morons. There are other considerations, but refusal isn't just a free pass. And SFSTs aren't hard if you're sober. Try them yourself. You can easily find them online. The ones who mainly have hard times are drunks and defense attorneys during closing dramatic closing arguments. <cite>OhioState82 posted [p:939801888] in Have you e... [t:78724700]...</cite> <quote>In NC, refusal to blow at the station (not the portabke breath test) results in loss of license and is substantive evidence of guilt. Officers can still get a search warrant for your blood, if they're not lazy morons. There are other considerations, but refusal isn't just a free pass. And SFSTs aren't hard if you're sober. Try them yourself. You can easily find them online. The ones who mainly have hard times are drunks and defense attorneys during closing dramatic closing arguments. </quote> ... Copied to Clipboard!
whitelytning 05/27/20 7:54:40 PM #26:	There is an agument that I have always liked that the states shouldn't be allowed to suspend your license for failure to do the FST or the breathalyzer because of the fifth amendment and our general right against self incrimination. Essentially, it would be like pleading the fifth when asked to create evidence that will be used against you. Imagine if you got pulled over and a cop could send you to jail for failing to say exactly how fast you were going... "If you don't admit you were going 65 in the 40 zone I'm sending you to jail and suspending your license." --- ************************************************ https://imgur.com/iZdWIKJ <cite>whitelytning posted [p:939803050] in Have you e... [t:78724700]...</cite> <quote>There is an agument that I have always liked that the states shouldn't be allowed to suspend your license for failure to do the FST or the breathalyzer because of the fifth amendment and our general right against self incrimination. Essentially, it would be like pleading the fifth when asked to create evidence that will be used against you. Imagine if you got pulled over and a cop could send you to jail for failing to say exactly how fast you were going... "If you don't admit you were going 65 in the 40 zone I'm sending you to jail and suspending your license." </quote> ... Copied to Clipboard!
Cornmuffins 05/27/20 7:57:59 PM #27:	OhioState82 posted... In NC, refusal to blow at the station (not the portabke breath test) results in loss of license and is substantive evidence of guilt. Officers can still get a search warrant for your blood, if they're not lazy morons. There are other considerations, but refusal isn't just a free pass. And SFSTs aren't hard if you're sober. Try them yourself. You can easily find them online. The ones who mainly have hard times are drunks and defense attorneys during closing dramatic closing arguments. I'm going to have to disagree. In California (if they're different, IDK other states) they can be pretty whack --- Getting C's and D's, saying thanks and please. You broke the golden rule, you're staying after school. <cite>Cornmuffins posted [p:939803219] in Have you e... [t:78724700]...</cite> <quote>OhioState82 posted...</cite> <quote>In NC, refusal to blow at the station (not the portabke breath test) results in loss of license and is substantive evidence of guilt. Officers can still get a search warrant for your blood, if they're not lazy morons. There are other considerations, but refusal isn't just a free pass. And SFSTs aren't hard if you're sober. Try them yourself. You can easily find them online. The ones who mainly have hard times are drunks and defense attorneys during closing dramatic closing arguments. </quote> I'm going to have to disagree. In California (if they're different, IDK other states) they can be pretty whack</quote> ... Copied to Clipboard!
XxKrazyChaosxX 05/27/20 8:07:58 PM #28:	SpacialEntropy posted... No, that's just stupid. Just take the damn breathalyzer and make it easier on yourself. If you're indeed over the limit then you shouldn't be on the road. And I say this as someone who got a DUI 7 years ago. I shouldn't have tried to drive and I deserved my punishment. I never made it onto the road thankfully and backed up into a parked car (no damage was done), but I can only imagine what might have happened. Same here, got mine about the same time too. But I agree with what he said though. If you know you've had too much, end up driving, and get caught. Don't try and drag it out to buy yourself some time, you'll just pay for it more later. Just do what they ask and get it over with. --- "I woke up at four am by accident in time for the paper to be delivered. Guess what? It's not a kid on a bike, it's a man in a car." - Kevin Malone <cite>XxKrazyChaosxX posted [p:939803701] in Have you e... [t:78724700]...</cite> <quote>SpacialEntropy posted... </cite> <quote>No, that's just stupid. Just take the damn breathalyzer and make it easier on yourself. If you're indeed over the limit then you shouldn't be on the road. And I say this as someone who got a DUI 7 years ago. I shouldn't have tried to drive and I deserved my punishment. I never made it onto the road thankfully and backed up into a parked car (no damage was done), but I can only imagine what might have happened.</quote> Same here, got mine about the same time too. But I agree with what he said though. If you know you've had too much, end up driving, and get caught. Don't try and drag it out to buy yourself some time, you'll just pay for it more later. Just do what they ask and get it over with. </quote> ... Copied to Clipboard!
wackyteen 05/27/20 8:11:29 PM #29:	I was straight up told that if I refuse a breathalyzer off base in the state I'm in Its a DUI. and that I'll receive UCMJ action(minimum, a demotion and bar to reenlistment) as a result of said DUI. Even if I haven't had a drop of alcohol in years. --- The name is wackyteen* for a reason. Never doubt. *No longer teen <cite>wackyteen posted [p:939803877] in Have you e... [t:78724700]...</cite> <quote>I was straight up told that if I refuse a breathalyzer off base in the state I'm in Its a DUI. and that I'll receive UCMJ action(minimum, a demotion and bar to reenlistment) as a result of said DUI. Even if I haven't had a drop of alcohol in years. </quote> ... Copied to Clipboard!
DeadBankerDream 05/27/20 8:14:21 PM #30:	Imagine being such a shitty human that the thought of how to get out of a DUI charge even crosses your mind. Normal non-shitty humans don't drive when drunk and do not have to worry about such situations. --- "That thick shaft that causes women to shudder!" <cite>DeadBankerDream posted [p:939803989] in Have you e... [t:78724700]...</cite> <quote>Imagine being such a shitty human that the thought of how to get out of a DUI charge even crosses your mind. Normal non-shitty humans don't drive when drunk and do not have to worry about such situations.</quote> ... Copied to Clipboard!
UnfairRepresent 05/28/20 6:35:02 AM #31:	DeadBankerDream posted... Imagine being such a shitty human that the thought of how to get out of a DUI charge even crosses your mind. Normal non-shitty humans don't drive when drunk and do not have to worry about such situations. people who are sober get pulled over and asked to take a brealthaylzer Have you ever heard of a designated driver? Have you ever heard of being black? Have you ever known anyone to have empty beer cans on their backseat? You're presuming anyone accused of a crime is guilty --- ^ Hey now that's completely unfair! https://imgur.com/yPw05Ob <cite>UnfairRepresent posted [p:939823173] in Have you e... [t:78724700]...</cite> <quote>DeadBankerDream posted...</cite> <quote>Imagine being such a shitty human that the thought of how to get out of a DUI charge even crosses your mind. Normal non-shitty humans don't drive when drunk and do not have to worry about such situations.</quote> people who are sober get pulled over and asked to take a brealthaylzer Have you ever heard of a designated driver? Have you ever heard of being black? Have you ever known anyone to have empty beer cans on their backseat? You're presuming anyone accused of a crime is guilty</quote> ... Copied to Clipboard!
SpacialEntropy 05/28/20 6:41:05 AM #32:	UnfairRepresent posted... people who are sober get pulled over and asked to take a brealthaylzer Have you ever heard of a designated driver? Have you ever heard of being black? Have you ever known anyone to have empty beer cans on their backseat? You're presuming anyone accused of a crime is guilty If you haven't been drinking, what do you have to fear from taking a breath test? You should blow zeros, right? And empty beer cans in the back seat is just a bad look and you probably did something you shouldn't have. --- Sometimes to stay alive you gotta kill your mind. <cite>SpacialEntropy posted [p:939823282] in Have you e... [t:78724700]...</cite> <quote>UnfairRepresent posted... </cite> <quote>people who are sober get pulled over and asked to take a brealthaylzer Have you ever heard of a designated driver? Have you ever heard of being black? Have you ever known anyone to have empty beer cans on their backseat? You're presuming anyone accused of a crime is guilty</quote> If you haven't been drinking, what do you have to fear from taking a breath test? You should blow zeros, right? And empty beer cans in the back seat is just a bad look and you probably did something you shouldn't have. </quote> ... Copied to Clipboard!
UnfairRepresent 05/28/20 6:52:47 AM #33:	SpacialEntropy posted... If you haven't been drinking, what do you have to fear from taking a breath test? You should blow zeros, right? Nope. 1. it might not. Go ask anyone who has diabetes. 2. The cop will still arrest you. Blowing zeroes doesn't help you. lots of people including yourself dont know this. Hence the advice And empty beer cans in the back seat is just a bad look and you probably did something you shouldn't have. "it's a bad look so you deserve to be arrested for crimes you didn't commit and should not seek advice " --- ^ Hey now that's completely unfair! https://imgur.com/yPw05Ob <cite>UnfairRepresent posted [p:939823482] in Have you e... [t:78724700]...</cite> <quote>SpacialEntropy posted...</cite> <quote>If you haven't been drinking, what do you have to fear from taking a breath test? You should blow zeros, right?</quote> Nope. 1. it might not. Go ask anyone who has diabetes. 2. The cop will still arrest you. Blowing zeroes doesn't help you. lots of people including yourself dont know this. Hence the advice <quote> And empty beer cans in the back seat is just a bad look and you probably did something you shouldn't have. </quote> "it's a bad look so you deserve to be arrested for crimes you didn't commit and should not seek advice "</quote> ... Copied to Clipboard!
Solid Snake07 05/28/20 8:14:26 AM #34:	If they're giving you a breathalyzer they've already determined that they think you're impaired. I dont think the field breathalyzer is admissible in court. It's not here at least. The one you take when you arrive at jail is though. If you're drunk and want to fight the case I would advise to not do any tests. Yeah they'll arrest you, but they're gonna arrest you either way. Your license will be suspended if you refuse the jail breathalyzer but it's gonna be suspended for the dui anyway. --- "People incapable of guilt usually do have a good time" -Detective Rust Cohle <cite>Solid Snake07 posted [p:939825062] in Have you e... [t:78724700]...</cite> <quote>If they're giving you a breathalyzer they've already determined that they think you're impaired. I dont think the field breathalyzer is admissible in court. It's not here at least. The one you take when you arrive at jail is though. If you're drunk and want to fight the case I would advise to not do any tests. Yeah they'll arrest you, but they're gonna arrest you either way. Your license will be suspended if you refuse the jail breathalyzer but it's gonna be suspended for the dui anyway. </quote> ... Copied to Clipboard!
VVALLBOUNCE 05/28/20 8:16:25 AM #35:	I had to take a FST once..the day after I had gotten pretty drunk at a Metallica concert and spilled beer all over the sleeve of my sweatshirt, dumbass me drove the next day with that same sweatshirt on..I was so confused when the trooper said he smelled alcohol lol <cite>VVALLBOUNCE posted [p:939825117] in Have you e... [t:78724700]...</cite> <quote>I had to take a FST once..the day after I had gotten pretty drunk at a Metallica concert and spilled beer all over the sleeve of my sweatshirt, dumbass me drove the next day with that same sweatshirt on..I was so confused when the trooper said he smelled alcohol lol </quote> ... Copied to Clipboard!
omega cookie 05/28/20 5:03:22 PM #36:	Oh look, UR being a contrarian and making himself look like an idiot. Must be a day. --- FFRK: BRKB - Eiko - Guardian Mog <cite>omega cookie posted [p:939847587] in Have you e... [t:78724700]...</cite> <quote>Oh look, UR being a contrarian and making himself look like an idiot. Must be a day. </quote> ... Copied to Clipboard!
UnfairRepresent 05/28/20 5:05:06 PM #37:	omega cookie posted... Oh look, UR being a contrarian and making himself look likd an idiot. Must be a day. Wut? How am I being contrarian? I'm repeating legal advice from decorated veteran lawyers. And almost the entire topic is parroting it.... The contarians are SpacialEntropy and DarkPrince who are users known for their pro-police bias --- ^ Hey now that's completely unfair! https://imgur.com/yPw05Ob <cite>UnfairRepresent posted [p:939847670] in Have you e... [t:78724700]...</cite> <quote>omega cookie posted...</cite> <quote>Oh look, UR being a contrarian and making himself look likd an idiot. Must be a day. </quote> Wut? How am I being contrarian? I'm repeating legal advice from decorated veteran lawyers. And almost the entire topic is parroting it.... The contarians are SpacialEntropy and DarkPrince who are users known for their pro-police bias</quote> ... Copied to Clipboard!
XxKrazyChaosxX 05/29/20 1:17:31 AM #38:	Solid Snake07 posted... I dont think the field breathalyzer is admissible in court. It's not here at least. The one you take when you arrive at jail is though. It's not. The breathalyzer is just used to help the cops give them an idea of how impaired you might be. The BAC is what they go by when sentencing someone. --- "I woke up at four am by accident in time for the paper to be delivered. Guess what? It's not a kid on a bike, it's a man in a car." - Kevin Malone <cite>XxKrazyChaosxX posted [p:939869225] in Have you e... [t:78724700]...</cite> <quote>Solid Snake07 posted... </cite> <quote>I dont think the field breathalyzer is admissible in court. It's not here at least. The one you take when you arrive at jail is though.</quote> It's not. The breathalyzer is just used to help the cops give them an idea of how impaired you might be. The BAC is what they go by when sentencing someone. </quote> ... Copied to Clipboard!
Tyranthraxus 05/29/20 1:25:40 AM #39:	First of all don't drink and drive. If you are completely sober then just take the test. If you've had anything to drink at all then just refuse to take the test. Yes you'll get arrested. Yes your license will probably get suspended. But none of that shit compares to what will happen if you're found guilty of DUI. --- It says right here in Matthew 16:4 "Jesus doth not need a giant Mecha." https://imgur.com/dQgC4kv <cite>Tyranthraxus posted [p:939869495] in Have you e... [t:78724700]...</cite> <quote>First of all don't drink and drive. If you are completely sober then just take the test. If you've had anything to drink at all then just refuse to take the test. Yes you'll get arrested. Yes your license will probably get suspended. But none of that shit compares to what will happen if you're found guilty of DUI. </quote> ... Copied to Clipboard!
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Current Events > Have you ever heard that if you're arrested for a suspected DUI that you should