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I got arrested for a DUI 2 weeks ago (1 Viewer)

Jobber

Footballguy
Wait, you refused the breathalyzer AND have you license? In PA that’s an automatic DL suspension.
I believe the same here in MN. I mean, if you’re only .04 (had just a beer or two), I don’t see the reason for putting up a fight about the road test and breathalyzer. Legally, you can do it. But at the same time, now you’re going to court, and a whole bunch of hassle.
 

Courtjester

The Town Drunk
In Colorado, you can refuse the roadsides, but if you refuse the blood/breath test, it is an automatic 1 year D/L suspension and you still get charged with DUI.

My advice---If you have no priors and a relatively good driving record, with that low of a BAC and assuming the body cam doesn't show you being an ***, your ultimate goal is going to be getting a deferred sentence. I would start on your alcohol treatment and classes. Start working on your community service and do a MADD class. This way when you go for your 1st court appearance, you will at least have some mitigation to present to the DA to consider a deferred sentence.
 

moleculo

Footballguy
My understanding, in SC if you refuse roadside testing, you will be automatically arrested. Doesn't mean you will be convicted and they will give you the breathalizer in the station.

Not sure skipping the roadside has +EV.
 

gianmarco

Footballguy
Are erroneous field sobriety tests common? What about Breathalyzer results?
Field sobriety tests are designed to not have you pass. From what I remember reading/hearing about them, you should always refuse those. It will never help you.

As far as refusing the roadside breathalyzer, I'm pretty sure you can refuse that and get one at the station instead. Those are more accurate. But you can't refuse everything without losing your license automatically, from my understanding, at least in most (if not all) states.
 

Northern Voice

Footballguy
Are erroneous field sobriety tests common? What about Breathalyzer results?
Field sobriety tests are designed to not have you pass. From what I remember reading/hearing about them, you should always refuse those. It will never help you.

As far as refusing the roadside breathalyzer, I'm pretty sure you can refuse that and get one at the station instead. Those are more accurate. But you can't refuse everything without losing your license automatically, from my understanding, at least in most (if not all) states.
Have you blown into one? I have some friends who are cops and we've done it at parties a few times (they probably shouldn't have used the equipment for such things, but...) It's "hard" to blow over. I was 7 (5%, 12 ounce) beers and a shot deep, was definitely impaired and still wasn't over .08

I kind of wish I hadn't done it because it makes it pretty tempting to think "I probably won't blow over" but I drive for a living so always err on the side of leaving the car where it is and finding another way.

Here (Ontario) refusing the breathalyzer is the same punishment as taking it and failing.
 

Terminalxylem

Footballguy
Are erroneous field sobriety tests common? What about Breathalyzer results?
Field sobriety tests are designed to not have you pass. From what I remember reading/hearing about them, you should always refuse those. It will never help you.

As far as refusing the roadside breathalyzer, I'm pretty sure you can refuse that and get one at the station instead. Those are more accurate. But you can't refuse everything without losing your license automatically, from my understanding, at least in most (if not all) states.
Have you blown into one? I have some friends who are cops and we've done it at parties a few times (they probably shouldn't have used the equipment for such things, but...) It's "hard" to blow over. I was 7 (5%, 12 ounce) beers and a shot deep, was definitely impaired and still wasn't over .08

I kind of wish I hadn't done it because it makes it pretty tempting to think "I probably won't blow over" but I drive for a living so always err on the side of leaving the car where it is and finding another way.

Here (Ontario) refusing the breathalyzer is the same punishment as taking it and failing.
That’s too bad. Between rideshare apps, taxis, friends and walking, there really is never any reason to risk driving impaired.
 

Navin Johnson

Footballguy
You are 100% wrong on road side tests. They are only used to gather evidence against you. Any lawyer will say said nothing and take the mandatory test at the station.
I've read the same thing on other sites. Field tests will only give the officer PC
 

Alex P Keaton

Footballguy
So how fast were you going?
He isn’t sure he was speeding at all, though he’s certain he was falsely accused.

But we shouldn’t focus on such trivial details, like speed and alcohol consumption. Do you realize how large the home builder who employs him is? Or do they only build mansions?
He’s the victim here. Let’s stay focused on that.
 

Keith R

The Don
The law varies from state to state.

In New Mexico, ,08 is over the legal limit, meaning you are presumed to be intoxicated. .04 and below means you are presumed to not be intoxicated, and it is historically impossible for a prosecution to overcome that presumption (assuming no allegation regarding intoxication from anything other than alcohol). From .05 to .07, there is no presumption either way, and a prosecution would have to show significant evidence in addition to the breath score to obtain a conviction.
 

SWC

Bromigo
nothing not what you did or the tone of this thread says good decision making take that to the bank brohan
 

Zow

Footballguy
The law varies from state to state.

In New Mexico, ,08 is over the legal limit, meaning you are presumed to be intoxicated. .04 and below means you are presumed to not be intoxicated, and it is historically impossible for a prosecution to overcome that presumption (assuming no allegation regarding intoxication from anything other than alcohol). From .05 to .07, there is no presumption either way, and a prosecution would have to show significant evidence in addition to the breath score to obtain a conviction.
This is consistent with my jurisdiction as well.

However, it may not be consistent with other jurisdictions as DUI laws vary greatly from state to state. Nobody in this thread should assume anything anybody is posting here definitively applies to his jurisdiction.
 

Nick Vermeil

Footballguy
Are erroneous field sobriety tests common? What about Breathalyzer results?
Field sobriety tests are designed to not have you pass. From what I remember reading/hearing about them, you should always refuse those. It will never help you.

As far as refusing the roadside breathalyzer, I'm pretty sure you can refuse that and get one at the station instead. Those are more accurate. But you can't refuse everything without losing your license automatically, from my understanding, at least in most (if not all) states.
Have you blown into one? I have some friends who are cops and we've done it at parties a few times (they probably shouldn't have used the equipment for such things, but...) It's "hard" to blow over. I was 7 (5%, 12 ounce) beers and a shot deep, was definitely impaired and still wasn't over .08

I kind of wish I hadn't done it because it makes it pretty tempting to think "I probably won't blow over" but I drive for a living so always err on the side of leaving the car where it is and finding another way.

Here (Ontario) refusing the breathalyzer is the same punishment as taking it and failing.
My wife's high school best friends both married cops and we got obliterated at their High School Reunion. They brought out the breathalyzer and of the six of just one fail, a 110 pound woman. The cops could barely stand and both drove home. My wife and I walked.
 

gianmarco

Footballguy
The law varies from state to state.

In New Mexico, ,08 is over the legal limit, meaning you are presumed to be intoxicated. .04 and below means you are presumed to not be intoxicated, and it is historically impossible for a prosecution to overcome that presumption (assuming no allegation regarding intoxication from anything other than alcohol). From .05 to .07, there is no presumption either way, and a prosecution would have to show significant evidence in addition to the breath score to obtain a conviction.
This is consistent with my jurisdiction as well.

However, it may not be consistent with other jurisdictions as DUI laws vary greatly from state to state. Nobody in this thread should assume anything anybody is posting here definitively applies to his jurisdiction.
You must be new here.
 

Zow

Footballguy
Are erroneous field sobriety tests common? What about Breathalyzer results?
Field sobriety tests are designed to not have you pass. From what I remember reading/hearing about them, you should always refuse those. It will never help you.

As far as refusing the roadside breathalyzer, I'm pretty sure you can refuse that and get one at the station instead. Those are more accurate. But you can't refuse everything without losing your license automatically, from my understanding, at least in most (if not all) states.
Have you blown into one? I have some friends who are cops and we've done it at parties a few times (they probably shouldn't have used the equipment for such things, but...) It's "hard" to blow over. I was 7 (5%, 12 ounce) beers and a shot deep, was definitely impaired and still wasn't over .08

I kind of wish I hadn't done it because it makes it pretty tempting to think "I probably won't blow over" but I drive for a living so always err on the side of leaving the car where it is and finding another way.

Here (Ontario) refusing the breathalyzer is the same punishment as taking it and failing.
My wife's high school best friends both married cops and we got obliterated at their High School Reunion. They brought out the breathalyzer and of the six of just one fail, a 110 pound woman. The cops could barely stand and both drove home. My wife and I walked.
Handheld breathylizers are not reliable but for detecting the presence of alcohol. In other words, they are far more likely to be affected by mouth alcohol and variance. Some may be affected by radio frequency interference. In short, their recordings are likely not admissible in court.

That said, don't confuse this with a blood or the breath test machine (most jurisdictions use the Intoxylizer 8000, I believe) back at the police station or mobile police unit or wherever. These devices are far more reliable and their readings very likely are admissible in court.

With the above in mind, it's a terrible idea to buy a portable breath test device to bring with you when you're out drinking and rely on it to determine whether to drive home.
 

FairWarning

Footballguy
Are erroneous field sobriety tests common? What about Breathalyzer results?
Field sobriety tests are designed to not have you pass. From what I remember reading/hearing about them, you should always refuse those. It will never help you.

As far as refusing the roadside breathalyzer, I'm pretty sure you can refuse that and get one at the station instead. Those are more accurate. But you can't refuse everything without losing your license automatically, from my understanding, at least in most (if not all) states.
Have you blown into one? I have some friends who are cops and we've done it at parties a few times (they probably shouldn't have used the equipment for such things, but...) It's "hard" to blow over. I was 7 (5%, 12 ounce) beers and a shot deep, was definitely impaired and still wasn't over .08

I kind of wish I hadn't done it because it makes it pretty tempting to think "I probably won't blow over" but I drive for a living so always err on the side of leaving the car where it is and finding another way.

Here (Ontario) refusing the breathalyzer is the same punishment as taking it and failing.
That’s too bad. Between rideshare apps, taxis, friends and walking, there really is never any reason to risk driving impaired.
In urban areas I agree. far fewer options away from civilization though.
 

Zow

Footballguy
The law varies from state to state.

In New Mexico, ,08 is over the legal limit, meaning you are presumed to be intoxicated. .04 and below means you are presumed to not be intoxicated, and it is historically impossible for a prosecution to overcome that presumption (assuming no allegation regarding intoxication from anything other than alcohol). From .05 to .07, there is no presumption either way, and a prosecution would have to show significant evidence in addition to the breath score to obtain a conviction.
This is consistent with my jurisdiction as well.

However, it may not be consistent with other jurisdictions as DUI laws vary greatly from state to state. Nobody in this thread should assume anything anybody is posting here definitively applies to his jurisdiction.
You must be new here.
I wish.
 

Northern Voice

Footballguy
Are erroneous field sobriety tests common? What about Breathalyzer results?
Field sobriety tests are designed to not have you pass. From what I remember reading/hearing about them, you should always refuse those. It will never help you.

As far as refusing the roadside breathalyzer, I'm pretty sure you can refuse that and get one at the station instead. Those are more accurate. But you can't refuse everything without losing your license automatically, from my understanding, at least in most (if not all) states.
Have you blown into one? I have some friends who are cops and we've done it at parties a few times (they probably shouldn't have used the equipment for such things, but...) It's "hard" to blow over. I was 7 (5%, 12 ounce) beers and a shot deep, was definitely impaired and still wasn't over .08

I kind of wish I hadn't done it because it makes it pretty tempting to think "I probably won't blow over" but I drive for a living so always err on the side of leaving the car where it is and finding another way.

Here (Ontario) refusing the breathalyzer is the same punishment as taking it and failing.
My wife's high school best friends both married cops and we got obliterated at their High School Reunion. They brought out the breathalyzer and of the six of just one fail, a 110 pound woman. The cops could barely stand and both drove home. My wife and I walked.
Handheld breathylizers are not reliable but for detecting the presence of alcohol. In other words, they are far more likely to be affected by mouth alcohol and variance. Some may be affected by radio frequency interference. In short, their recordings are likely not admissible in court.

That said, don't confuse this with a blood or the breath test machine (most jurisdictions use the Intoxylizer 8000, I believe) back at the police station or mobile police unit or wherever. These devices are far more reliable and their readings very likely are admissible in court.

With the above in mind, it's a terrible idea to buy a portable breath test device to bring with you when you're out drinking and rely on it to determine whether to drive home.
It was the breath test machine, Intoxylizer for sure, not sure the model. Not a hand held buy online thing. It was the real deal.

Like I said, I'm not trying to brag or be happy about it, I was just surprised how much you had to drink to blow over.

My other take away was if you do blow over .08 (I believe it's actually expressed as XXmg/dL on the proper machines), you were probably pretty lit, and deserve everything that's coming to you, no sympathy from me.
 

Skipdog77

Footballguy
The law varies from state to state.

In New Mexico, ,08 is over the legal limit, meaning you are presumed to be intoxicated. .04 and below means you are presumed to not be intoxicated, and it is historically impossible for a prosecution to overcome that presumption (assuming no allegation regarding intoxication from anything other than alcohol). From .05 to .07, there is no presumption either way, and a prosecution would have to show significant evidence in addition to the breath score to obtain a conviction.
Nobody in this thread should assume anything anybody is posting here definitively applies to his jurisdiction.
Don't tell me what to do. You're not my lawyer.
 

Zow

Footballguy
The law varies from state to state.

In New Mexico, ,08 is over the legal limit, meaning you are presumed to be intoxicated. .04 and below means you are presumed to not be intoxicated, and it is historically impossible for a prosecution to overcome that presumption (assuming no allegation regarding intoxication from anything other than alcohol). From .05 to .07, there is no presumption either way, and a prosecution would have to show significant evidence in addition to the breath score to obtain a conviction.
Nobody in this thread should assume anything anybody is posting here definitively applies to his jurisdiction.
Don't tell me what to do. You're not my lawyer.
Correct, I’m not.
 

Terminalxylem

Footballguy
Are erroneous field sobriety tests common? What about Breathalyzer results?
Field sobriety tests are designed to not have you pass. From what I remember reading/hearing about them, you should always refuse those. It will never help you.

As far as refusing the roadside breathalyzer, I'm pretty sure you can refuse that and get one at the station instead. Those are more accurate. But you can't refuse everything without losing your license automatically, from my understanding, at least in most (if not all) states.
Have you blown into one? I have some friends who are cops and we've done it at parties a few times (they probably shouldn't have used the equipment for such things, but...) It's "hard" to blow over. I was 7 (5%, 12 ounce) beers and a shot deep, was definitely impaired and still wasn't over .08

I kind of wish I hadn't done it because it makes it pretty tempting to think "I probably won't blow over" but I drive for a living so always err on the side of leaving the car where it is and finding another way.

Here (Ontario) refusing the breathalyzer is the same punishment as taking it and failing.
That’s too bad. Between rideshare apps, taxis, friends and walking, there really is never any reason to risk driving impaired.
In urban areas I agree. far fewer options away from civilization though.
Fewer, but still enough that driving impaired is inexcusable imo.
 

Dr. Octopus

Footballguy
Now that Uber and Lyft exist, there is really no excuse for driving while impaired.
What it uber and Lyft don't actually exist where I live? Does that mean I still have an excuse? :-)
If they don’t exist there because cars don’t exist there, then you’re ok. :laugh:
When me and two friends went to Cooperstown for a Weekend, we were out one night and tried to get an Uber to go to a place right outside of town. We weren’t getting a response and asked the bartender what’s up and he says “There’s no Uber here. Everyone just drives drunk.”
 

DJackson10

Footballguy
So it was a Friday. I woke up around 9pm. I was hungry and had bad heartburn. The wife was staying at her mom's and took off to Culver's to get a burger and a mixer. The mixer is ice cream.

The ice cream didn't fix the heartburn so I decided to go get some milk.

It is around 10pm at this time. I drive to a T in the road. My house is right and to get milk is left. I go left and milk is about a mile away. I am almost there and see blue lights and pull over in a safe parking area.

Turn on my dome lights and put my hands over the steering wheel.

A Trooper pulled me over for speeding. Within 90 seconds I was out of the car and I was arrested a minute later when I refused and road side tests.

I was yelled at, man handled and treated extremely unprofessional. I was taken to county jail.

I was accused of slurring my words, hiding my eyes and he smelled alcohol. They mentioned open container too. I had a 4 pack of high noon behind the driver seat that been there for weeks. They checked it and agreed no open containers.
If true not surprised. These clowns anymore will try anything to get their quota up. Next time you have every right to film you being stopped. if the cop has issue with it he's breaking your rights. Get badge number and name of them too and car # as well. Don't offer up anything either.
 

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