dui question (1 Viewer)

soupcan dan

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a policeman in my area was recently pulled over and cited for speeding, eluding,and reckless operation. arresting officers noticed a strong scent of alcohol on the man but he refused to take a breathalyzer. in ohio, that's an automatic loss of license for one year. he's still employed pending investigation.

so---my question.

you're drunk. you blow the top off the breathalyzer---yer gonna get your license suspended and a dui on your record, increased insurance rates, points on your record and lawyer fees.

what's the advantage of blowing into the straw? would you?
 

coldseat

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Honestly, if you know you're drunk, there is no advantage to blowing at all. Any lawyer would tell you that. Same goes for submitting to a field sobriety test. If you know you're drunk and you blow, you're going to lose you license for a year either way. Plus, it gives your lawyer more ways to fight the charges and makes a deal more likely if the state doesn't have you BAC.

Even if you're not drunk most lawyers would probably tell you not to blow. Just because you might not think you're drunk, but you may actually be over the legal limit.

Best option of course is not to drink and drive.
 

kevin from buffalo

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a policeman in my area was recently pulled over and cited for speeding, eluding,and reckless operation. arresting officers noticed a strong scent of alcohol on the man but he refused to take a breathalyzer. in ohio, that's an automatic loss of license for one year. he's still employed pending investigation.

so---my question.

you're drunk. you blow the top off the breathalyzer---yer gonna get your license suspended and a dui on your record, increased insurance rates, points on your record and lawyer fees.

what's the advantage of blowing into the straw? would you?
soupcan...don't put yourself in a situation like that.... then you will have one less worry in the world.

get shnuckered up at home and dance to ac/dc in your boxers or a adult diaper..there are no laws against doing either..

party on..
 
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soupcan dan

soupcan dan

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i agree with your best option coldseat, but that's not my point


-with the cop's knowledge of the system did he just edumacate us all on the proper course of action when pulled over in an inebriated condition?

(maybe that should've been my original question)
 

superchuck500

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If you know you're going to be over the limit, in most jurisdictions you're better off not blowing.

Basically, not blowing requires the state to prove your guilt by other means (usually testimony of officers and witnesses). Whereas if you blow, that's pretty much a conviction right there because it is scientific evidence (though sometimes a good lawyer can fight this if the circumstances are right and allow a challenge to the test as reliable evidence).

Generally they can still get you but having to prove it at trial by other evidence is a hassle and gives your lawyer better leverage in possibly negotiating a lesser offense.

Constitutional principles typically make it impossible for the state to have a built in assumption of guilt based on your refusal to blow but they can have stiff penalties - though if you're guilty anyway, you won't be worse off with the penalty for refusing.
 

dajmno

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what about when they have judges working the graveyard shift serving out warrants on demand and they draw your blood at will.

wonder why that practice hasn't made its way to the SCOTUS.
 

LSSpam

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i agree with your best option coldseat, but that's not my point


-with the cop's knowledge of the system did he just edumacate us all on the proper course of action when pulled over in an inebriated condition?

(maybe that should've been my original question)
That's been known. Cops badger you into taking the field test/breathalyzer, which is why so many end up taking it. That and they're drunk and aren't thinking straight.
 

SuperQuincy

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a policeman in my area was recently pulled over and cited for speeding, eluding,and reckless operation. arresting officers noticed a strong scent of alcohol on the man but he refused to take a breathalyzer. in ohio, that's an automatic loss of license for one year. he's still employed pending investigation.

so---my question.

you're drunk. you blow the top off the breathalyzer---yer gonna get your license suspended and a dui on your record, increased insurance rates, points on your record and lawyer fees.

what's the advantage of blowing into the straw? would you?
I have had the unfortunate experience of being in his shoes. They say never blow into the breathalyzer because its giving them all the evidence to convict right there, and as long as they have calibration tests up to date on the machine, you have no shot of winning your case.

You have a much better shot if you refuse the test of beating your case, however there is a much longer immediate loss of license period (its 6 months automatic here in Mass if you refuse) but if you beat your case it does not go on your record.

I knew I was in the wrong and I just wanted my situation over with. (I got into an accident with a parked car) Failing a breathalyzer is 30 days automatic loss of license, and you will pretty much lose your case. But I had never done anything before (outside of a trespassing charge when I was 16 cause me and my friends were in a public playground after dark) So my record was pretty much clean. I also need my license for my job.

My thinking when I blew into the straw was 30 days, plus whatever the judge gives me 45 - 90 additional days for first offense, was better than the 6 months, plus the 45 - 90 additional days. I also decided I would take it as a hard lesson, and just be thankful that I did not hurt anyone, and I was o.k. I owned up to it, admitted I was drinking lost my license for 30 days and because of my actions the judge was pretty nice to me and only gave me an additional 45 days, of which I could be granted a hardship license active for 12 hours a day so I could get to and from work.

I plead continued without a finding, was ordered a year probation, and to take alcohol classes at the local hospital, 30 day loss of license no hardship for burning the breathalyzer, and 45 days loss of license eligible for a hardship license. Coupled with a lot of money in fines, close to 5000 after it was all tallied up. 567.25 for the classes, 1000 to the registry for license reinstatement, 70 a month for a year for probation, lawyer fee's, property damage, and 30's for my random drug/alcohol screenings. But after my year, the charges were dropped by the state and it does still show up on my Cori, but I can legally say I have never been convicted of a felony. Needless to say lesson learned, but I just wanted the situation to go away as quick as possible so I cooperated.

Yes you have a shot at beating the charges if you refuse the breathalyzer, but I hear they throw the book at you. Its a lot more court appearances so more lawyer fees, you lose license for 6 months automatic, and an additional 90 days eligible for a hardship (unless you beat it), but you will have a very hard time getting the hardship granted by the registry because you fought the system and wasted its time and money. It stays on your record as being convicted of a felony because state does not drop the charges. Plus you will still have to do the classes, go on probation, pay the fines etc.

I do not think I would have beat it in court, I was twice the legal limit, failed my sobriety tests on the road side, and was sluring my words and visually intoxicated on my booking video. All this evidence is presented in court and a jury would take one look at my booking video and without a doubt in my mind convict me on that alone. So its just a matter of how you want to play it, do you have friends in high places, how drunk are you, and is there anyway you feel you can beat the rap. I was toast from the jump IMHO!

I feel I 100% made the right decision by taking the breathalyzer. I am not proud of that whole situation, it turned my world upside down, and I paid so much in fines and fees I could have paid for 1000 cab rides over. It was a dumb thing to do, and I did it on more than the one occasion that I was in the accident. I am actually thankful that it happened tho, it was not an isolated incident and its only a matter of time before something bad happened. I'm thankful that this was my bad, and I did not hit a person, or run myself off the road into a ditch and hurt myself, or one of the million bad things that could have happened. Now if I go out drinking, I have cab fare, or it walking distance to my house.
 

dajmno

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<iframe width="420" height="315" src="http://www.youtube.com/embed/yPl7MHThE0k" frameborder="0" allowfullscreen></iframe>
 

Domefan504

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In Louisiana a couple of years ago you could get your DUI expunged on 1st offense only. Don't know if that is the case now. I do know if you don't blow that take a blood sample.
 

wizard1183

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In Louisiana a couple of years ago you could get your DUI expunged on 1st offense only. Don't know if that is the case now. I do know if you don't blow that take a blood sample.
You still get it expunged under article 894. Not all places in La take blood. Most don't UNLESS you're involved in an accident. As one mentioned you never blow and you have no concrete evidence to back the courts. Also you don't lose your license if you read the back of your papers issued.
 

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what about when they have judges working the graveyard shift serving out warrants on demand and they draw your blood at will.

wonder why that practice hasn't made its way to the SCOTUS.
This. I refused and they pulled a tube of my blood... the blood test took 6 months to come back from the lab. They rescheduled me for 3 court dates in the mean time, court time? 9:00 am on a wednesday.. I was in a Calculus class that only allowed 3 absences and no make up tests. I just gave up and plead no contest, they dropped 4 other tickets. I still don't know the results of the blood test, and their probably was no warrant. Just another saturday night in Handcuff County, MS
 

coldseat

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You still get it expunged under article 894. Not all places in La take blood. Most don't UNLESS you're involved in an accident. As one mentioned you never blow and you have no concrete evidence to back the courts. Also you don't lose your license if you read the back of your papers issued.
^ He probably knows best. Expert Level. :covri:
 

zeetes

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a friend of mine from high school, and florida alum sigh, blew a .07 in gainesville about 10 years ago. they booked him with dui anyway. thankfully for him, the .07 was evidence enough to have the case dismissed.. $2000 later. by that time he had already lost his insurance and had to pay triple in coverage to have it reinstated.

i have a class a cdl, so by federal law, i'm under a 0.04% or some crap limit anyway. i just get trashed in my house. way more convenient.
 

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I have had the unfortunate experience of being in his shoes. They say never blow into the breathalyzer because its giving them all the evidence to convict right there, and as long as they have calibration tests up to date on the machine, you have no shot of winning your case.

You have a much better shot if you refuse the test of beating your case, however there is a much longer immediate loss of license period (its 6 months automatic here in Mass if you refuse) but if you beat your case it does not go on your record.

I knew I was in the wrong and I just wanted my situation over with. (I got into an accident with a parked car) Failing a breathalyzer is 30 days automatic loss of license, and you will pretty much lose your case. But I had never done anything before (outside of a trespassing charge when I was 16 cause me and my friends were in a public playground after dark) So my record was pretty much clean. I also need my license for my job.

My thinking when I blew into the straw was 30 days, plus whatever the judge gives me 45 - 90 additional days for first offense, was better than the 6 months, plus the 45 - 90 additional days. I also decided I would take it as a hard lesson, and just be thankful that I did not hurt anyone, and I was o.k. I owned up to it, admitted I was drinking lost my license for 30 days and because of my actions the judge was pretty nice to me and only gave me an additional 45 days, of which I could be granted a hardship license active for 12 hours a day so I could get to and from work.

I plead continued without a finding, was ordered a year probation, and to take alcohol classes at the local hospital, 30 day loss of license no hardship for burning the breathalyzer, and 45 days loss of license eligible for a hardship license. Coupled with a lot of money in fines, close to 5000 after it was all tallied up. 567.25 for the classes, 1000 to the registry for license reinstatement, 70 a month for a year for probation, lawyer fee's, property damage, and 30's for my random drug/alcohol screenings. But after my year, the charges were dropped by the state and it does still show up on my Cori, but I can legally say I have never been convicted of a felony. Needless to say lesson learned, but I just wanted the situation to go away as quick as possible so I cooperated.

Yes you have a shot at beating the charges if you refuse the breathalyzer, but I hear they throw the book at you. Its a lot more court appearances so more lawyer fees, you lose license for 6 months automatic, and an additional 90 days eligible for a hardship (unless you beat it), but you will have a very hard time getting the hardship granted by the registry because you fought the system and wasted its time and money. It stays on your record as being convicted of a felony because state does not drop the charges. Plus you will still have to do the classes, go on probation, pay the fines etc.

I do not think I would have beat it in court, I was twice the legal limit, failed my sobriety tests on the road side, and was sluring my words and visually intoxicated on my booking video. All this evidence is presented in court and a jury would take one look at my booking video and without a doubt in my mind convict me on that alone. So its just a matter of how you want to play it, do you have friends in high places, how drunk are you, and is there anyway you feel you can beat the rap. I was toast from the jump IMHO!

I feel I 100% made the right decision by taking the breathalyzer. I am not proud of that whole situation, it turned my world upside down, and I paid so much in fines and fees I could have paid for 1000 cab rides over. It was a dumb thing to do, and I did it on more than the one occasion that I was in the accident. I am actually thankful that it happened tho, it was not an isolated incident and its only a matter of time before something bad happened. I'm thankful that this was my bad, and I did not hit a person, or run myself off the road into a ditch and hurt myself, or one of the million bad things that could have happened. Now if I go out drinking, I have cab fare, or it walking distance to my house.
What led to them thinking you were drunk? Did you take the field sobriety? If you did that was your first mistake. Had you told the police you didnt drink and if they didnt believe youto bring you straight to jail and kept your mouth shut afterwards your case would have been thrown out due to lack of evidence. However you learned a lesson by the choice you made and had you got out if the whole ordeal might continue to drink and drive.
 

SuperQuincy

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What led to them thinking you were drunk? Did you take the field sobriety? If you did that was your first mistake. Had you told the police you didnt drink and if they didnt believe youto bring you straight to jail and kept your mouth shut afterwards your case would have been thrown out due to lack of evidence. However you learned a lesson by the choice you made and had you got out if the whole ordeal might continue to drink and drive.
Well I was in an accident so my blood would have been drawn had I not, also lets say they did not. I refuse the field sobriety tests, and the Breathalyzer and lose my license for 6 months on the spot. They still video tape you at the police station. My lawyer requested anything they would be using at my trial as any lawyer would. They submitted the booking video as evidence. Me and my lawyer watched said video at her office. My speech was impaired, I was rambling on, and I could barely stand and would have fallen at least twice if I were not handcuffed to the wall (granted this was about 3 hours after my last drink, and 2 hours after the accident so it was about 2 o'clock in the morning and I was fairly tired at that point) No jury in the world would have seen that video and thought anything other than "this dude is hammered".

I knew I was toast. All they would have done is hit me with stiffer penalties had I chosen to fight it. In my particular case, I was screwed. There is always that chance, but that very slim hope I could have held on to would have resulted in a 9 month loss of license with very little chance of a hardship license for my job on top of all the other stuff I was levied with. (opposed to 2 1/2 months with a hardship license for 45 of those days) It was really a case where fighting would only make it worse. In my particular case I did what I did to get my case over with and start the penalty phase and they were pretty nice to me compared to a lot of people in my alcohol awareness classes who did fight it. It was a common trend in there that the people who owned up and accepted there punished were treated about 1/3rd as strictly, and paid a lot less once you factor in legal costs. I strongly believe it was because we took our punishment and moved forward.

I found those to be the advantages in blowing in the breathalyzer, especially if you are involved in an accident and they can take your blood
 

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