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re: Let's settle this once and for all- should you blow if you're pulled over for DUI?

Posted on 12/10/17 at 6:23 pm to
Posted by bee Rye
New orleans
Member since Jan 2006
33978 posts
Posted on 12/10/17 at 6:23 pm to
quote:

When you say no, a warrant needs to still be signed by a judge in order to draw blood or breath test at the station.
Not sure how it is in the rest of the state, but in Orleans and Jefferson they have a judge “on call” and that warrant will be signed before you get to the station.
This post was edited on 12/10/17 at 6:26 pm
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 12/10/17 at 6:28 pm to
quote:

What if I forgot I used mouthwash 2 minutes prior?


You have Alzheimer's?
Posted by BigPerm30
Member since Aug 2011
26194 posts
Posted on 12/10/17 at 6:29 pm to
I’d blow. My car won’t start unless I blow clean anyway.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14841 posts
Posted on 12/10/17 at 6:31 pm to
quote:

I’d blow. My car won’t start unless I blow clean anyway.



Intoxalock will let you start your vehicle if you blow under .025
Posted by Napoleon
Kenna
Member since Dec 2007
69377 posts
Posted on 12/10/17 at 6:33 pm to
State tropers in La always ask you out of the vehicle. Just never get out before they tell you to. They hate that.
Posted by Napoleon
Kenna
Member since Dec 2007
69377 posts
Posted on 12/10/17 at 6:35 pm to
The eye test is 100% bullshite. There is a reason it's not used in court.

I've never passed it, and I've never had a dui or dwi arrest or citation.
I think it's only so cops can act like they have something to back up a suspicion.

I trust gangbangers waaaaay more than I trust traffic cops. You are revenue to them and they can do whatever they want to you.
This post was edited on 12/10/17 at 6:37 pm
Posted by thelawnwranglers
Member since Sep 2007
38916 posts
Posted on 12/10/17 at 6:37 pm to
quote:

The eye test is 100% bullshite. There is a reason it's not used in court. 

I've never passed it, and I've never had a dui or dwi arrest or citation. 




I was told cops are told eyes don't lie
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14841 posts
Posted on 12/10/17 at 6:39 pm to
quote:

The eye test is 100% bullshite. There is a reason it's not used in court.


All field sobriety tests are bullshite.

'Hands at your side' for balance tests. You ever see professional gymnasts with hands at their sides on the balance beam?
Posted by Jim Smith
Member since May 2016
2915 posts
Posted on 12/10/17 at 6:40 pm to
Too bad you don’t really have that option anymore. They can take your blood and you are really fricked.
Posted by thelawnwranglers
Member since Sep 2007
38916 posts
Posted on 12/10/17 at 6:48 pm to
I would refuse field soberiety test

I am a big fat bastard with metal ankle
Posted by thelawnwranglers
Member since Sep 2007
38916 posts
Posted on 12/10/17 at 6:49 pm to
In NJ sounds like you better blow
Posted by wadewilson
Member since Sep 2009
36725 posts
Posted on 12/10/17 at 6:50 pm to
No.

If I had not blown or done the field sobriety test, all they would have had was the officer's word.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99703 posts
Posted on 12/10/17 at 6:51 pm to
frick no
Posted by OptionRight
Down da skreet
Member since Sep 2010
799 posts
Posted on 12/10/17 at 6:52 pm to
IF I’ve done nothing at all....I will cooperate fully....IF I’m riding dirty, I don’t answer questions or submit to any test of any kind...You are going to jail no matter what....anything they TAKE from me is under duress and against my will...and I call a Lawyer at the first opportunity...with that said, I try not to ever drink and drive. And what the OP said about the eye test....he’s completely wrong! ETOH (alcohol) intoxication can be determined by horizontal stagmus test and is the PRIMARY test used...field sobriety is just filler and more evidence against you (unbalanced gait, lack of coordination, not following instructions, using your arms to balance yourself)—-and for all you 420 boys, the vertical stagmus and pupillary response will get you as well....So sum up the question: Dirty=do nothing....clean and no doubt= go right ahead
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33053 posts
Posted on 12/10/17 at 6:54 pm to
1. Don't put yourself in the position of having to make the decision.

2. If you refuse in Virginia you will have your license suspended for a year (3 years if there was a conviction within the 10 prior years).

3. If you refuse you may still be convicted of DWI based on the testimony and observations of the cop and the Commonwealth may your refusal as evidence.
Posted by Rebel
Graceland
Member since Jan 2005
131563 posts
Posted on 12/10/17 at 6:56 pm to
Counselor, I believe you avoided the question.

quote:

1. Don't put yourself in the position of having to make the decision.



But that is best practice.

Posted by wadewilson
Member since Sep 2009
36725 posts
Posted on 12/10/17 at 6:56 pm to
quote:


What if you have had zero to drink and are not on any drugs, just tired? 


If they're stopping you on dui suspicion, that cop is going to have his hand out for money no matter what.

Make the a-hole work for it.
Posted by PurpleandGold Motown
Birmingham, Alabama
Member since Oct 2007
22104 posts
Posted on 12/10/17 at 7:00 pm to
quote:

Yes, losing your license for a year is bad.


In Alabama, it's only 90 days.
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33053 posts
Posted on 12/10/17 at 7:04 pm to
You are absolutely correct, Rebel, I did not answer the question. I am very fortunate that in the past 22 years I could take a breathalyzer without any fear. My answer is:

In prior years when I would drink and drive most nights, I probably would have refused as I would have clearly been over the .08. I would refuse as I would not have wanted to blow over a .15 which would mean an automatic 5 days in jail upon conviction. The one DWI I had was in 1983, prior to the enactment of that law, and I blew a .16.

On the other hand, had I only had one drink (which I do not believe ever happened) I'd take the breathalyzer.
Posted by PurpleandGold Motown
Birmingham, Alabama
Member since Oct 2007
22104 posts
Posted on 12/10/17 at 7:06 pm to
This might only work in Alabama, but in my drinking days, before I got clean, I got charged with several DUIs. Only one ever stuck.

Don't blow.

Call your attorney when the cop goes back to the car.

Spend the night in jail. Your attorney will sign you out.

Hand him the money you saved on bail.

Have him file an appeal of the license suspension.

They have a limited amount of time to respond and most of the time they don't because they're lazy.

Go pay the $35 bucks and get a new license.

Let your attorney earn his money.
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