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Started By
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re: Would you refuse a breathalyzer?
Posted on 9/12/21 at 12:27 pm to rebel cat
Posted on 9/12/21 at 12:27 pm to rebel cat
You should absolutely, 100% of the time, even when dead sober, refuse Standard Field Sobriety. It's bullshite voodoo. Even in perfect laboratory conditions, it has a very high false positive rate. And the reality is that the cop will almost certainly frick it up, driving the false positive rate even higher, and you will have basically zero chance of proving that they did so.
That's my free advice.
In regards to submitting to breath chemical tests, well, that's more complicated and would cost you
That's my free advice.
In regards to submitting to breath chemical tests, well, that's more complicated and would cost you
0
Posted on 9/12/21 at 12:31 pm to rebel cat
If you know for sure you’ll fail always refuse
Posted on 9/12/21 at 12:37 pm to Tounces
quote:do they even have available/reliable rideshare in Mississippi outside of maybe Biloxi/GP, Jackson, Southaven ??
But an all honesty if you get a DUI with UBer and Lyft around these days you really are a dumbass.
Posted on 9/12/21 at 12:37 pm to rebel cat
In MS the only way non adjudication is available to you is by taking the breathalyzer (although a good attorney can get the cop to drop the refusal sometimes). That 100% keeps it off your record assuming you don’t already have any on your record vs taking a chance with a judge who will most likely take the officers word (MS still has a common law dui which requires no testing, just the officers testimony that you were intoxicated.
Posted on 9/12/21 at 12:57 pm to rebel cat
Frick yeah.
It’s gonna cost you money regardless but with no evidence other than a refusal, you are gonna get it dropped.
It’s gonna cost you money regardless but with no evidence other than a refusal, you are gonna get it dropped.
Posted on 9/12/21 at 2:11 pm to Jake88
quote:
As the previous poster asked, what happens when you refuse? You get taken to a hospital to have blood drawn and then jail for a couple days? Car is impounded? Have to post bail?
How do you get to work? Is the suspension of license for everything but true needs like work and grocery?
you get the gauntlet thrown at you legally and initially, if you're not convicted almost all of that goes away, but as previously posted, the expense and hassle is almost the same as being convicted, bottom line is don't put yourself in that position
Posted on 9/12/21 at 2:52 pm to SixthAndBarone
quote:
In a heartbeat. No evidence, no conviction.
Not true at all. Almost every state's DUI laws allow for convictions without one. You don't think you couldn't get one being fricked up out of your mind on pills? That said it is almost universally better to not take it because, at that point, you're likely already going to jail as the officer already thinks you are impaired. The test isn't to see if you are, it's to prove you are.
Posted on 9/12/21 at 3:13 pm to rebel cat
If you’re going to take it, hyperventilate for as long as you can before you blow, it’ll lower your results…
Food for thought: these devices don’t actually test for alcohol, but rather for the metabolic byproducts of alcohol. Certain medications, some illnesses, being diabetic, and being in the early stages of a keto/Atkins diet can all produce these same byproducts and the breathalyzer can’t tell the difference.
Food for thought: these devices don’t actually test for alcohol, but rather for the metabolic byproducts of alcohol. Certain medications, some illnesses, being diabetic, and being in the early stages of a keto/Atkins diet can all produce these same byproducts and the breathalyzer can’t tell the difference.
Posted on 9/12/21 at 3:19 pm to rebel cat
I don’t really drink, but if I did, I’d just refuse and try and drag it out as long as possible
Posted on 9/12/21 at 3:22 pm to rebel cat
quote:
Seems you’d have a better chance in court if you refuse. Of
You think? A refusal vs. a printed piece of paper that reads BAC of 1.0+ that is introduced into evidence?
Yeah, I’ll take my chances with refusing…
Posted on 9/12/21 at 3:26 pm to HuhBruh
quote:
they are conducting a blood draw,
This is what happens in Dallas. But the blood test just cleared the wife of a republican gubernatorial candidate who supposedly failed the field sobriety tests.
Posted on 9/12/21 at 3:32 pm to HuhBruh
quote:
however they will now have the evidence to be presented in court to assist in convicting you.
Evidence which was collected in some cases hours after the initial traffic stop. Very easily can be thrown out compared to a breathalyzer fail.
Posted on 9/12/21 at 4:10 pm to The Torch
quote:
You can get a hardship license to go back and forth to work for $600.00 a month
Wow, that would really suck
Posted on 9/12/21 at 4:14 pm to SixthAndBarone
All this and the possibility of hurting someone is why its just not worth drinking at all and getting behind the wheel. Stay safe folks.
This post was edited on 9/12/21 at 4:24 pm
Posted on 9/12/21 at 4:25 pm to Obtuse1
quote:
Electronic warrants have made the system quick and easy
This is a very scary statement. 100% true.
But, technology is progress, right? I’m starting to wonder…
Posted on 9/12/21 at 4:28 pm to The Torch
quote:
You can get a hardship license to go back and forth to work for $600.00 a month
$600 a month? Is that accurate? That’s crippling if you’re barely scraping by and then get that tacked on your monthly bills. Don’t drink and drive, friends.
Posted on 9/12/21 at 4:30 pm to zippyputt
Not sure to blow or not but pleading guilty (if guilty) and pleading under 893 is good for a second chance. If completed fully, then the arrest will show on your record, but there won’t be a conviction. Just don’t get another felony within 10 years, or it will show up.
Under 893 it doesn’t even show up on your insurance.
Allegedly.
Under 893 it doesn’t even show up on your insurance.
Allegedly.
Posted on 9/12/21 at 4:34 pm to Zappas Stache
quote:
This is what happens in Dallas. But the blood test just cleared the wife of a republican gubernatorial candidate who supposedly failed the field sobriety tests.
Chalk a rare win up for the citizen. I don’t care the political party, it’s just good to see any win against the government.
Posted on 9/12/21 at 4:35 pm to rebel cat
Yes.
I need to consult with my pastor before taking anything like that.
I need to consult with my pastor before taking anything like that.
Posted on 9/12/21 at 5:57 pm to rebel cat
Always refuse.
I’m a LEO.
I’m a LEO.
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