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DUI -- what do you do- breathalyzer or not

RStyleRStyle Posts: 1,488 Officer
Someone I know had a DUI in Indian River county
He refused to take the breathalyzer test at the time that he was stopped. failed sobiety exam

This is what I do not understand.............

He says that you should never refuse to do the breathalyzer if it is your first offense. Although you will have some penalties, your lawyer will have some ability to try to get some settlement
if you refuse (this is the part I do not understand) you then face two separate issues (???) The DUI plus some other issue wjth the Department of Motor Vehicles with more serious restrictions on your license. 3 month suspension and maybe hardship at 3 months allowing you to drive to work

He is still in the middle of dealing with the issue so I do not know what the resolution will be........................but................
can anyone explain. Take or not take the breathalyzer?
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Replies

  • fins4mefins4me Posts: 14,487 AG
    Do not drive drunk....... seems simple enough.
    ALLISON XB 21,, MERCURY 300 Opti Max Pro Series (Slightly Modified) You can't catch me!!!
    "Today is MINE"
  • Mister-JrMister-Jr Posts: 27,763 AG
    fins4me wrote: »
    Do not drive drunk....... seems simple enough.

    ding
    Vote for the other candidate
  • rock_fishrock_fish Posts: 11,867 AG
    Prepare for 3 pages of arguments that won't answer your question. Predictable forum is predictable
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    Can you insist your lawyer be present while you take a breathalyzer? Is there a certain time frame when asked to take one that you have to comply with?
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    fins4me wrote: »
    Do not drive drunk....... seems simple enough.

    Not passing a breathalyzer isn't driving drunk for some people
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    rock_fish wrote: »
    Prepare for 3 pages of arguments that won't answer your question. Predictable forum is predictable

    What fun would a simple thread-killing answer be, now?
  • kodiakzachkodiakzach Posts: 6,079 Admiral
    Don't you automagically lose your license for a year if you refuse to blow?
  • Next LevelNext Level Posts: 2,964 Captain
    If you refuse the breathalyzer you lose your license for one year no matter what. I think he is saying it's better to blow and deal with the court system and negotiate for a hardship license so you can drive to work.
  • ReelingFandyReelingFandy Posts: 476 Deckhand
    You only have a short period to request a hardship (work purposes) license after a DUI arrest. I believe you automatically give consent to a sobriety test (breath or blood) as a condition to having a driver's license. If you refuse, you automatically lose you license for a year. If it is recent, tell him to contact an attorney or he will lose the ability of a "work purposes" license.

    Disclaimer : non-licensed spokes person. lol.
    :beer, Randy
  • TriplecleanTripleclean Posts: 6,591 Officer
    Implied consent...since you have a FL drivers license you automaticly comply...


    Take the field PBT its a freebee if you think your close and cant be used against you in court. Decline any other field tests...ABC, counting, walking, touching nose > because they can be used against you in court.

    Do not admit to any alcohol consumption.....No "I have just two beers" No I take pills or snort blow or blow weed.....nothing....

    At which time the LE will make a decision to arrest or not arrest you......after arrest comply but dont answer anything, I use a "white noise" where I just blab about anything that comes to mind but say nothing about the events at hand.

    You will be taken to the station......You have a decision to make....Do you blow or not blow into the calabrated machine..

    A) how drunk or drugged do you feel? did they find drugs in the car?......If they think you are drunk and you mixed drugs with booze....Blow, because they could take blood and screen you.
    b) if you are way drunk and never been stopped for DUI before decline the BAC politely.... If you become dickish they have many things to do to you.... And they might take blood.
    c) time is the greatest tool.....the longer from drinking and drugging the better you look if you take the test.
    d) if you have no license and tons of DUIs NEVER BLOW!!!!

    Yes if you refuse the station BAC you will automaticly lose your license for 6 months.....But that isnt as big of deal as having some judge manage your life for a probation of a year.

    If there is no evidence, no bac, no field sobriety of you talking and stumbling......Most likely you will go to trial and pay a lawyer $3000 and win.

    Drinking and drugging is an expensive sport.
  • CaptTaterCaptTater Posts: 20,096 AG
    can you define your acronyms please?
    I did not read the story but if you take tax payers money maybe you should be held to some standards.-Cyclist
    when we say the same thing about welfare recipients, you cry like a wounded buffalo Sopchoppy
    It's their money, they spend it how they like. Truth and honesty have nothing to do with it. - Mr Jr
    "“A radical is one who advocates sweeping changes in the existing laws and methods of government.” "
  • kodiakzachkodiakzach Posts: 6,079 Admiral
    If you are going to lose it for a year vs. lose it for 3 months if you blow, hmmm.. Seems like a no-brainer to take the test even if you know you will fail it.
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    Will one effect your insurance rate more than the other? What about a criminal record?
  • TriplecleanTripleclean Posts: 6,591 Officer
    Well your not a criminal and dont understand the system.... One can still drive with out a license...One cant drive when in jail....I just went fishing with a pal that did 24 months in prison for DUI...he never hurt anyone, just drove home from too many bars....and got maybe 15 DUIs....

    You go plead guilty.....some of us have fight in us and dont give up.

    Look if you have more that 2....You can be habitiulized...
    Losing your license isnt a big deal for failing to blow, getting your license jacked up for pleading guilty is a big deal....even bigger the second time.....the third time.....the fouth time.....

    So somewhere you need to do a behavioral change and I belive it starts with not pleading guilty....Not admitting to anything....not giving evidence....

    First off dont drink and drive.....But if you do go about it with as much criminal intent as a well trained crew with the goal of subverting justice or at least ubstructing it.
  • Finger MulletFinger Mullet Posts: 3,852 Officer
    Well your not a criminal and dont understand the system.... One can still drive with out a license...One cant drive when in jail....I just went fishing with a pal that did 24 months in prison for DUI...he never hurt anyone, just drove home from too many bars....and got maybe 15 DUIs....

    You go plead guilty.....some of us have fight in us and dont give up.

    Look if you have more that 2....You can be habitiulized...
    Losing your license isnt a big deal for failing to blow, getting your license jacked up for pleading guilty is a big deal....even bigger the second time.....the third time.....the fouth time....


    **** :rotflmao :rotflmao :rotflmao :rotflmao
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    So somewhere you need to do a behavioral change and I belive it starts with not pleading guilty....Not admitting to anything....not giving evidence....
    .

    That's exactly what I would do after my severalath DUI.
    exactly
  • LonghaulLonghaul Posts: 1,745 Officer
    If your caught with one drink in ya while ya drive you deserve jail time. Its really a simple choice now isnt it?


    RStyle wrote: »
    Someone I know had a DUI in Indian River county
    He refused to take the breathalyzer test at the time that he was stopped. failed sobiety exam

    This is what I do not understand.............

    He says that you should never refuse to do the breathalyzer if it is your first offense. Although you will have some penalties, your lawyer will have some ability to try to get some settlement
    if you refuse (this is the part I do not understand) you then face two separate issues (???) The DUI plus some other issue wjth the Department of Motor Vehicles with more serious restrictions on your license. 3 month suspension and maybe hardship at 3 months allowing you to drive to work

    He is still in the middle of dealing with the issue so I do not know what the resolution will be........................but................
    can anyone explain. Take or not take the breathalyzer?
  • SJCSJC Posts: 2,572 Captain
    There is a lawyer that comes on a Tampa radio show that says, and I quote "if you don't know..don't blow". Hell he even says it in his commerical on the channel
    The Beatings will continue until moral improves!
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    Longhaul wrote: »
    If your caught with one drink in ya while ya drive you deserve jail time. Its really a simple choice now isnt it?

    one drink in ya as in how long before you drank as to when your drivin?
  • SJCSJC Posts: 2,572 Captain
    Drinking and driving is bad news. I'll admit in my younger and dumber years I shouldn't have drove a few times. Fortunate for me I grew up quick and know how to control myself. My life and things I enjoy are to important to F up.

    There was a guy in Mullberry just the other day killed 3 of 4 people in a car because he was drunk as shizz, an as usual he walked away with a few scrapes.
    The Beatings will continue until moral improves!
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    SJC wrote: »
    Drinking and driving is bad news.

    what about drinking a beer or two just miles away from your house while driving home after a long day of work and earning an income which you are forced to pay an absurd amount of taxes to before you actually see your money? un-drunk
  • jad1097jad1097 Posts: 9,611 Admiral
    Longhaul wrote: »
    If your caught with one drink in ya while ya drive you deserve jail time. Its really a simple choice now isnt it?


    Consuming an alcoholic beverage or two then driving is not the same as driving drunk unless you weight a 100lbs soaking wet.
  • tagtag Posts: 8,920 Admiral
    It's simple, just tell the officer that you were overserved and it's not your fault. No one these days is held accountable for their actions.

    Then hire Harrell and Harrell to sue the drinking establishment that overserved you.

    Then you'll have plenty of money to hire a taxi the next time you want to drink intead of putting other people's lives in danger.
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    tag wrote: »
    Then you'll have plenty of money to hire a taxi the next time you want to drink intead of putting other people's lives in danger.
    What if your situation is not putting other peoples lives in danger, as the law would leave you to believe?
  • tagtag Posts: 8,920 Admiral
    What if your situation is not putting other peoples lives in danger, as the law would leave you to believe?

    If you believe that driving inpaired is not putting people in danger then you are putting people in danger.
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    tag wrote: »
    If you believe that driving inpaired is not putting people in danger then you are putting people in danger.

    what does that have to do with passing a Breathalyzer?
  • SJCSJC Posts: 2,572 Captain
    what about drinking a beer or two just miles away from your house while driving home after a long day of work and earning an income which you are forced to pay an absurd amount of taxes to before you actually see your money? un-drunk

    Ok.. I didn't mean having 2-3 the going home... I'm 6' and 250lbs I think I can handle a couple and drive a mile or two.

    Getting shiffaced and driving is bad news.
    The Beatings will continue until moral improves!
  • micci_manmicci_man Somewhere in FLPosts: 14,689 AG
    Drinking and driving is not goot but there were more teens killed last year from texting and driving. It's the new auto killer.....
    Common Sense can't be bought, taught or gifted, yet it is one of the few things in life that is free, and most refuse to even attempt to possess it. - Miguel Cervantes
  • PONCEPONCE Posts: 5,946 Admiral
    Do not drink and drive period!!!!!!!!!! You know better.
  • razorreilly09razorreilly09 Posts: 8,401 Admiral
    PONCE wrote: »
    Do not drink and drive period!!!!!!!!!! You know better.

    i think a better message would be dont drive while intoxicated, dont you?
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