+ Reply to Thread
Results 1 to 12 of 12
  1. #1
    koranuso Guest

    Breathalizer: To Blow Or Not To Blow

    What is the name of your state? TEXAS

    I've never actually gotten a DUI but i read that you should never consent to take a breathalizer.

    The reasoning behind this was that 94% of all cases that dont have a breathalizer test to back them up are thrown out. Also that when you refuse to take the test the worse a cop can do is impound your car. So he figured that paying $200 to get your car out of impound is better than jail time and a $3,000 fine.

    Now im sure they could do blood tests as well....but again, how could they forcefully stick a needle in your arm without your consent. Besides, by the time they actually got yu ready to have your blood drawn im betting you would have sobered up.

    I think this would mainly just apply to those drivers that are only slightly under the influence....but still enough to be arrested.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,165
    Quote Originally Posted by koranuso

    Now im sure they could do blood tests as well....but again, how could they forcefully stick a needle in your arm without your consent. Besides, by the time they actually got yu ready to have your blood drawn im betting you would have sobered up.

    My response:

    I think you need to read your Driver's Manual again, and read the "Consent" you signed when you applied for your drivers license. Your consent is already on file with the State. If you put up a fuss at the hospital, the staff and police tie you down and take the blood sample forcefully.

    IAAL
  3. #3
    koranuso Guest
    hmm well let's hope it never comes to that....or that you are sober by the time they get you to the hospital for the test
  4. #4
    TYRIS is offline Member
    Join Date
    Jan 2002
    Location
    california
    Posts
    454
    Also that when you refuse to take the test the worse a cop can do is impound your car. So he figured that paying $200 to get your car out of impound is better than jail time and a $3,000 fine.
    -How about a mandatory loss of your license for a year for refusing?


    Now im sure they could do blood tests as well....but again, how could they forcefully stick a needle in your arm without your consent. Besides, by the time they actually got yu ready to have your blood drawn im betting you would have sobered up.
    -Try People V. Sugerman.

    That is the case law allowing Officers to forcible take a blood draw. And yes, I have held people down while blood was taken from them. This is usually done after a refusal, so now you not only lose your license for a year, but you still get charged with the DUI.

    Tyris
  5. #5
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,283
    Quote Originally Posted by TYRIS
    Try People V. Sugerman.

    That is the case law allowing Officers to forcible take a blood draw. And yes, I have held people down while blood was taken from them. This is usually done after a refusal, so now you not only lose your license for a year, but you still get charged with the DUI.

    Tyris
    We do that regularly on refusals ... it's a win-win for public safety.

    Additionally, depending on the jurisdiction, the observations of the officer alone CAN be sufficient for a DUI conviction. This varies, but is possible. I have made numerous DUI cases without a chemical test.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    koranuso Guest
    Well thanks for puttin to rest those rumors I heard. Hopefully i'll never find myself in a position like that.
  7. #7
    jpritchett81 is offline Member
    Join Date
    Aug 2004
    Location
    Atlanta
    Posts
    697
    Quote Originally Posted by koranuso
    hmm well let's hope it never comes to that....or that you are sober by the time they get you to the hospital for the test
    OR JUST DON'T DRINK AND DRIVE!!!! And you'll never have to worry about that.
  8. #8
    koranuso Guest
    lol I've never drank while driving....but sometimes the only way to get home after a party is to drive...the concept of DD's doesnt work to well round here.

    I only drive when I can walk without wobbling though....seems like a good enough guage since that's what cops use to determine drunkness.
  9. #9
    timallen82 Guest
    My understanding of the matter is this:
    Do not take the PBT, the preminary breath test, the penalty for not taking this is just a small fine, and an automatic trip to jail. Also, never do any of the field sobriety tests (walk a straight line, etc). There is absolutly no penalty for refusing to do any of those, and all of those tests are designed to make you fail.
    After you are arrested and are on your way to the jail, get something in your mouth. Use your shirt, some pennies from your pocket, or anything to get the alcohol off your breath. Try not to let the cops see you do this.
    Then take the breath test at the jail. You don't want to refuse that one. But, hopefully by then you will have sobered up a little bit and gotten some of the alcohol off your breath so you can blow below the legal limit. Then get a decent lawyer.
  10. #10
    TYRIS is offline Member
    Join Date
    Jan 2002
    Location
    california
    Posts
    454
    After you are arrested and are on your way to the jail, get something in your mouth. Use your shirt, some pennies from your pocket, or anything to get the alcohol off your breath. Try not to let the cops see you do this.
    -I'm sorry, maybe I was sleeping in class when they taught that, but what is it suppose to accomplish other than make the person look like an idiot sucking on their own shirt?


    Then take the breath test at the jail. You don't want to refuse that one.
    -Taking the breath test at the jail defeats the purpose of not taking the other tests in the field as you stated not to do. Cops do not need field sobriety tests to mak an arrest for DUI, there only a gauge to show impairment to drive.

    But, hopefully by then you will have sobered up a little bit and gotten some of the alcohol off your breath so you can blow below the legal limit. Then get a decent lawyer.
    -Having alcohol on you breath is of little consequence. The air is taken from the lungs.

    Tyris
  11. #11
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,283
    Quote Originally Posted by koranuso
    I only drive when I can walk without wobbling though....seems like a good enough guage since that's what cops use to determine drunkness.
    If that's what they use (your wobbling walk), then they are pretty piss-poor at determining DUIs in your neck of the woods.

    And not wobbling does NOT gauge reaction time and coordination (both of which are often measurably impaired beginning after usually two drinks).

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  12. #12
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,283
    Quote Originally Posted by timallen82
    Do not take the PBT, the preminary breath test, the penalty for not taking this is just a small fine, and an automatic trip to jail. Also, never do any of the field sobriety tests (walk a straight line, etc). There is absolutly no penalty for refusing to do any of those, and all of those tests are designed to make you fail.
    Actually, they are not designed to make you fail. But, the officer's report will be much shorter so he may be pretty happy with you for saving him some time.

    And you forgot to mention the fact that your car will be impounded as well.


    After you are arrested and are on your way to the jail, get something in your mouth. Use your shirt, some pennies from your pocket, or anything to get the alcohol off your breath.
    That will do ... what?

    The "penny" story is an old wives' tale, as well.


    Try not to let the cops see you do this.
    Why not. Even the cops can use a good laugh. Though it might mean they will have to sit back and watch you for another 15 minutes after they catch you trying to ingest a penny.


    Then take the breath test at the jail. You don't want to refuse that one. But, hopefully by then you will have sobered up a little bit and gotten some of the alcohol off your breath so you can blow below the legal limit. Then get a decent lawyer.
    The machines in use today do NOT measure "breath". They measure deep lung air - hence the reason for the long blow. You can pop a breathmint and it shouldn't have an effect on the machine. But it might make your cellmate happier.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

Similar Threads

  1. Bad Doctor blow by blow
    By golden039 in forum Medical and Health Care Malpractice
    Replies: 4
    Last Post: 05-22-2009, 06:13 AM
  2. Did my lawyer blow it?
    By olivelawn in forum Drunk Driving / DUI / DWI
    Replies: 10
    Last Post: 12-13-2006, 02:11 PM
  3. Refusal to Blow In MN
    By white033 in forum Drunk Driving / DUI / DWI
    Replies: 1
    Last Post: 10-17-2005, 11:46 PM
  4. Did I Blow It?
    By therickman in forum Child Custody & Visitation
    Replies: 4
    Last Post: 03-16-2001, 07:39 AM
  5. BAC 1st blow or 2nd blow which counts most?
    By over70 in forum Other Crimes Federal and State
    Replies: 0
    Last Post: 07-13-2000, 06:35 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.