Breathalizer: To Blow Or Not To Blow

[koranuso]

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.

[I AM ALWAYS LIABLE]

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

[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

[TYRIS]

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

[CdwJava]

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

[koranuso]

Well thanks for puttin to rest those rumors I heard. Hopefully i'll never find myself in a position like that.

[jpritchett81]

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.

[koranuso]

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.

[timallen82]

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.

[TYRIS]

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

[CdwJava]

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

[CdwJava]

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