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Fake being drunk

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What is the name of your state (only U.S. law)? lets say all US states.

Ok,,,I was reading a thread about what to do if pulled over for being drunk. On the otherhand,,what would happen if say you were driving along and you suddenly made a quick swerve to avoid someting in the road (say small animal) and then a cop follows you and pulls you over and asked if you were drinking but say no but want to act drunk as a joke. So he asks this and that and you refuse a breath test but on purpose you walk a crooked line and he takes you in for a blood test which comes back negative. What could you be charged with? or can he drop the charge of dui?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? lets say all US states.

Ok,,,I was reading a thread about what to do if pulled over for being drunk. On the otherhand,,what would happen if say you were driving along and you suddenly made a quick swerve to avoid someting in the road (say small animal) and then a cop follows you and pulls you over and asked if you were drinking but say no but want to act drunk as a joke. So he asks this and that and you refuse a breath test but on purpose you walk a crooked line and he takes you in for a blood test which comes back negative. What could you be charged with? or can he drop the charge of dui?
Hey, why don't you give it a try. Once you find out what happens come back and let us know how it all worked out for you.:rolleyes:
 

Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? lets say all US states.

Ok,,,I was reading a thread about what to do if pulled over for being drunk. On the otherhand,,what would happen if say you were driving along and you suddenly made a quick swerve to avoid someting in the road (say small animal) and then a cop follows you and pulls you over and asked if you were drinking but say no but want to act drunk as a joke. So he asks this and that and you refuse a breath test but on purpose you walk a crooked line and he takes you in for a blood test which comes back negative. What could you be charged with? or can he drop the charge of dui?
You would likely be convicted of driving while impaired. There are lots of drugs that don't show up on a blood test. Maybe you're a diabetic and your blood sugar is way off. You're still impaired but may have a BAC of zero. I don't know if a blood test can detect LSD, as the mount needed is so small, it may not show up.

When you come up in front of a judge and say "I was just acting drunk", what do you think will happen.

Also, since you said "Any state": In Massachusetts, you would lose your license for six months for refusing the breathalyzer. No blood test would be administered, and the officer would testify that you appeared to be drunk. The dash cam would also be offered into evidence.
 

justalayman

Senior Member
and if submitting to a breathylyzer in the field is mandated by your states laws, you will still be subject to the penalties for refusing such a test. the officer has reasonable suspicion to administer the test and you refused; case closed.
 

You Are Guilty

Senior Member
Recently, a police patrol car was parked outside a local bar. After last call, the officer noticed a man leaving the bar so intoxicated that he could barely walk. The man stumbled around the parking lot for a few minutes, with the officer quietly observing the whole time. After what seemed an eternity in which he tried his keys on five different vehicles, the man finally managed to find his pickup truck and fall into it. He sat there in the bed of the truck for a few minutes as a number of other patrons left the bar and drove off.

Finally, he got into the cab and started the engine, switched the wipers on and off (it was a dry summer night), flicked the blinkers on and off a couple of times, honked the horn and then switched on the headlights. He drove the truck forward a few inches, reversed a little and then remained still for a few more minutes as some more of the other patrons' vehicles left. He sat there fiddling with his window for so long, his truck was the only car left in the parking lot. Finally, he pulled out and drove slowly down the road, weaving gently from side to side.

The police officer, having waited patiently all this time, started up his patrol car, put on the flashing lights, promptly pulled the man over and administered a breathalyzer test. To his amazement, the breathalyzer indicated no evidence that the man had consumed any alcohol at all! Dumbfounded, the officer said, "Sir, I'll have to ask you to accompany me to the police station. This breathalyzer equipment must be broken."

"Oh, I seriously doubt it", said the driver. "Tonight I'm the designated decoy."

:D
 

Antigone*

Senior Member
Recently, a police patrol car was parked outside a local bar. After last call, the officer noticed a man leaving the bar so intoxicated that he could barely walk. The man stumbled around the parking lot for a few minutes, with the officer quietly observing the whole time. After what seemed an eternity in which he tried his keys on five different vehicles, the man finally managed to find his pickup truck and fall into it. He sat there in the bed of the truck for a few minutes as a number of other patrons left the bar and drove off.

Finally, he got into the cab and started the engine, switched the wipers on and off (it was a dry summer night), flicked the blinkers on and off a couple of times, honked the horn and then switched on the headlights. He drove the truck forward a few inches, reversed a little and then remained still for a few more minutes as some more of the other patrons' vehicles left. He sat there fiddling with his window for so long, his truck was the only car left in the parking lot. Finally, he pulled out and drove slowly down the road, weaving gently from side to side.

The police officer, having waited patiently all this time, started up his patrol car, put on the flashing lights, promptly pulled the man over and administered a breathalyzer test. To his amazement, the breathalyzer indicated no evidence that the man had consumed any alcohol at all! Dumbfounded, the officer said, "Sir, I'll have to ask you to accompany me to the police station. This breathalyzer equipment must be broken."

"Oh, I seriously doubt it", said the driver. "Tonight I'm the designated decoy."

:D

Too funny!!!:p
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? lets say all US states.

Ok,,,I was reading a thread about what to do if pulled over for being drunk. On the otherhand,,what would happen if say you were driving along and you suddenly made a quick swerve to avoid someting in the road (say small animal) and then a cop follows you and pulls you over and asked if you were drinking but say no but want to act drunk as a joke. So he asks this and that and you refuse a breath test but on purpose you walk a crooked line and he takes you in for a blood test which comes back negative. What could you be charged with? or can he drop the charge of dui?
Since an arrest requires only probable cause to believe one is impaired, the jokester would likely get hooked.

He would likely find his license suspended for failing to blow, and could even find himself convicted based solely upon the officer's observations. Many counties (San Diego was one of them when I worked there) do not compel blood on non-felony DUIs so prosecution is based almost solely on the officer's observations. Which, if someone was faking being impaired, would be very bad for the jokester.
 

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