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Taxi vs. driving drunk

Discussion in 'Social Life, Food & Drink, Travel' started by Szeph el raton, Jul 11, 2009.

  1. unexpected

    unexpected Senior member

    Messages:
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    Oct 19, 2007
    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.
     
  2. Bird's One View

    Bird's One View Senior member

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    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.
     
  3. NakedYoga

    NakedYoga Senior member

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    Dec 3, 2008
    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.
     
  4. Johnny_5

    Johnny_5 Senior member

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    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.
     
  5. ChronoGN

    ChronoGN Member

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    Jul 20, 2009
    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.
     
  6. the shah

    the shah Senior member

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    is there a way you could commandeer a taxi while intoxicated ?
     
  7. Reggs

    Reggs Senior member

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    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.
     
  8. Kajak

    Kajak Senior member

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    Canada
    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
     
  9. impolyt_one

    impolyt_one Senior member

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    The Temple of Jawnz
    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.
     
  10. wangvicous

    wangvicous Senior member

    Messages:
    149
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    Aug 23, 2009
    Refusal is a crime and in some jurisdictions there is no difference between dui and refusal
     

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