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post #76 of 90
Quote:
Originally Posted by Dragon View Post
There is? For someone who seems really fired up about DD and quick to criticize others, you seem very lenient on yourself. Most people who DD think they only had "a drink" or two.

Let's not be too self-righteous. If he works in the bar, they are trained in knowing how much alcohol they can serve someone. If he says he has two drinks, I'm sure he knows what he is talking about and that he has not really have four or five.

Drunk driving is a serious problem; but not everyone who has had one or two (specifically that many) drinks is impaired or driving illegally.
post #77 of 90
Quote:
Originally Posted by XeF4 View Post
I own a breathalizer. I keep it in the glove box of my car. After drinking two 12 cans of beer in ~an hour. I blow .10 for about 30 min then a .09 for about 30 more minutes. I would have never thought that two drinks would put you over the legal limit before I bought the breathalizer. And at that time i realized that being okay to drive and being legal to drive are not the same.

If you were to get pulled over, you would be able to wait it out I believe by telling the officer you won't take the Breathalyzer with out your lawyer present.
post #78 of 90
ANd you go straight to the station. No thanks.
post #79 of 90
Yeah. In my state, refusal to submit to Breathalyzer automatically suspends your license for (I think) 6 months. I personally maintain that that's a 5th Amendment violation of your right not to incriminate yourself, but it's the law. I don't think you can use the lawyer argument here, either. I do know that you are specifically guaranteed the ability to challenge basically all aspects of any sobriety tests or chemical analyses done on your breath, blood, etc., but it's a long row to hoe.
post #80 of 90
If you use mouthwash shortly (like 0 to 20 min) before you get breathalized, your mouth wil be so absorbed with the alcohol from the mouthwash that it will not be an accurate reading. I'm not sure if that can get you out of a DUI though. You are probably best left to not drive in any case that you have been drinking. Cops that have been around for a while can usually tell with pretty good accuracy on how much you have had to drink by the follow my pen/finger test. What happens when you are drunk is that your eye makes rapid small movements when you move them. The smaller duration and larger the movements shows that you have drank more than somebody with smaller movements. When you are completly sober you eye jumps very fast and moves in very very small increments.
post #81 of 90
The golden rule is to ALWAYS, ALWAYS refuse a breathalyzer, if it comes to that. Even better would be having a DD and not driving drunk.

but yeah, if you get pulled over, refuse the breathalyzer. If you refuse it, they have to take you to the station, and get a judge to sign a warrant to draw a blood test. All that stuff still takes time. You'll be sober by the time it happens, and they can only give you a DUI

Additionally, if you do a breathalyzer, blow less than .08, they can stil give u a DUI. DUI is far better than DWI.
post #82 of 90
Quote:
Originally Posted by NakedYoga View Post
Yeah. In my state, refusal to submit to Breathalyzer automatically suspends your license for (I think) 6 months. I personally maintain that that's a 5th Amendment violation of your right not to incriminate yourself, but it's the law. I don't think you can use the lawyer argument here, either. I do know that you are specifically guaranteed the ability to challenge basically all aspects of any sobriety tests or chemical analyses done on your breath, blood, etc., but it's a long row to hoe.
I'm not a lawyer but this is my understanding (if I am mistaken I hope one of the forum's lawyers will correct me): Suspending a driver's license is an administrative matter, not a criminal penalty, so the 5th amendment does not apply. The 5th amendment does prevent your being charged with a crime specifically for refusing the breathalyzer. If you think your BAC is under the limit, and you are right (or lucky), you may keep your license by submitting to the breathalyzer. But if you are wrong, the evidence obtained will also apply in a criminal case if the state chooses to pursue one. I believe this is why friends who are lawyers have advised that one should always refuse a breathalyzer; a criminal conviction is a black mark on one's Permanent Record (and might mean time in jail or prison as well as disclosure on job applications) whereas suspension of one's driving privilege is an inconvenience. Of course it is best (both for others, and your own interests) not to drive after drinking any alcohol. Unfortunately a lot of bad decisions are made under the influence.
post #83 of 90
Quote:
Originally Posted by Bird's One View View Post
I'm not a lawyer but this is my understanding (if I am mistaken I hope one of the forum's lawyers will correct me):

Suspending a driver's license is an administrative matter, not a criminal penalty, so the 5th amendment does not apply. The 5th amendment does prevent your being charged with a crime specifically for refusing the breathalyzer.

If you think your BAC is under the limit, and you are right (or lucky), you may keep your license by submitting to the breathalyzer. But if you are wrong, the evidence obtained will also apply in a criminal case if the state chooses to pursue one.

I believe this is why friends who are lawyers have advised that one should always refuse a breathalyzer; a criminal conviction is a black mark on one's Permanent Record (and might mean time in jail or prison as well as disclosure on job applications) whereas suspension of one's driving privilege is an inconvenience.

Of course it is best (both for others, and your own interests) not to drive after drinking any alcohol. Unfortunately a lot of bad decisions are made under the influence.

Yeah, that's my understanding too. I had a conversation about this with one of my professors in law school. The distinction there is, in my opinion, almost completely arbitrary. Bottom line is, the government is presuming you did something wrong and taking something away from you based on absolutely no evidence. Granted, it's not an automatic jail sentence for refusing the Breathalyzer, but you are still being punished by the government for not voluntarily submitting to what is essentially a medical exam and giving up incriminating evidence. I know that the argument in response is sort of like the Fourth Amendment exigent circumstances exception, but it still seems to me to be a backdoor way of circumventing both the Fourth and Fifth Amendments. Oh well. At least here any officer conducting a roadside sobriety test has to have the entire thing on video. That's a good step I guess.
post #84 of 90
Quote:
Originally Posted by forsbergacct2000 View Post
Let's not be too self-righteous. If he works in the bar, they are trained in knowing how much alcohol they can serve someone. If he says he has two drinks, I'm sure he knows what he is talking about and that he has not really have four or five.


What kind of training are you talking about? I have been in restaurants my entire life and have never received any type of training or even seen it.
post #85 of 90
Never hired a cab ever since I started living in the suburbs of Detroit.
Back in college though, I used to always hire a cab since it was only like $5 for each person.
post #86 of 90
is there a way you could commandeer a taxi while intoxicated ?
post #87 of 90
I heard that when you get pulled over, you can turn your engine off, throw you keys out the window, then pull a flask out the glove box, and start drinking in front of the cop so that they cant prove you were intoxicated prior.
post #88 of 90
No, you hop into the passenger seat and pretend to be asleep, after popping the drivers door.

When "awoken", claim

"Fucker ran off on me"

/I actually just take the bus or a cab every time I drink more than 1 standard drinking unit
post #89 of 90
I drink as much as I want to, and can hail down a cab to get home within a few minutes, max, if not a few seconds. If I stay on the north side of town where I live, it's 5-10 bucks to get home, and 20 if I am on the south side after midnight. They also have DD services for less than $10 here as well. Unbelievable at some people still get DUI's here. It's really convenient just to not own a car here, really. In Tokyo I will buy a car, because taxis are not affordable to ride as much as I do in Seoul (my only mode of transport) - but if I ever go drinking I'll do it and ride the train home, or get a taxi. I understand how Huntsman felt before, about living in the country and there not being taxis - my parents do that and they just can't ever go have a drink anywhere but home because it's a pretty treacherous 5 mile drive home. Then again, my dad never drinks to impairment anyway.
post #90 of 90
Refusal is a crime and in some jurisdictions there is no difference between dui and refusal
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