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DUI -- what do you do- breathalyzer or not

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  • Old FloridaOld Florida Posts: 176 Officer
    If you have drank zero alcohol then go ahead and do the field sobriety test and blow in the breathalyzer. It won't show anything to convict you. But you probably won't even be asked to do either of those things if you have drank zero alcohol because the cop won't notice any odor or glassy eyes, impaired speech etc. to make him suspicious enough to even ask you to do those things

    If you have drank any alcohol, do not do field sobriety tests, do not blow in the machine, do not talk or answer questions.
    Right to remain silent, ask for an attorney.

    This is what lawyers, judges and cops do when they are arrested for DUI.
    It's as simple as not providing any evidence against yourself.

    In fact, most defense attorneys will tell you don't talk to the police about anything ever no matter if you are a sunday school teacher or a serial killer.
    Right to remain silent. Even a fish wouldn't get in trouble if he just kept his mouth shut.
  • Gator-BaitGator-Bait Posts: 291 Officer
    If there are no injuries involved, can the police restrain you and [forcibly] take blood from you if you do not consent to the blood test?

    Not to my knowledge. Pretty sure they have to have an injury or you would have to be unresponsive.
  • mjnmjn Posts: 1,576 Captain
    Even a fish wouldn't get in trouble if he just kept his mouth shut.

    snaggin' jigs

    ....just saying.
  • TriplecleanTripleclean Posts: 6,591 Officer
    If you have drank zero alcohol then go ahead and do the field sobriety test and blow in the breathalyzer. It won't show anything to convict you. But you probably won't even be asked to do either of those things if you have drank zero alcohol because the cop won't notice any odor or glassy eyes, impaired speech etc. to make him suspicious enough to even ask you to do those things

    If you have drank any alcohol, do not do field sobriety tests, do not blow in the machine, do not talk or answer questions.
    Right to remain silent, ask for an attorney.

    This is what lawyers, judges and cops do when they are arrested for DUI.
    It's as simple as not providing any evidence against yourself.

    In fact, most defense attorneys will tell you don't talk to the police about anything ever no matter if you are a sunday school teacher or a serial killer.
    Right to remain silent. Even a fish wouldn't get in trouble if he just kept his mouth shut.

    ^^^^Thank-you. THIS IS THE TRUTH
  • tankardtankard Posts: 7,031 Admiral
    Fishin Rod wrote: »
    It is written on the bottom of your FDL "Operation of a motor vehicle constitutes consent to any sobriety test required by law"...... Plain and simple.


    That does not trump the Fourth amendment on the Bill of Rights.

    Sorry. Try again.

    Oh, and guilty or not, only a complete fool would EVER provide evidence against themselves.
  • fishknutfishknut Posts: 3,928 Captain
    My understanding is the only time they can do that is if there is an injury. One of the local police forces were going to set up roadside check points that were going to forcibly draw blood on anyone that refused the breathalyzer. Think that plan got shot down.

    Blood draw only done on fatalities and severe bodily injury, and yes they will hold you down and take it.
    Fail to plan, plan to fail.......
  • JigJig Posts: 108 Officer
    Don't say nuthin, don't sign nuthin, don't walk, don't talk, don't look them in the eye.
    Learn to say the alphabet, backwards starting from "q" and going all the way around. Recite this all the way to the station.

    Ask for a lawyer. Ask for a 2nd phone call and order a Pizza.
    Why are we always hearing about Social Security going broke soon, but we never hear about welfare going broke ever?

    One group of people worked for their entitlement, the other didn't.
  • GermGerm Posts: 1,704 Captain
    they have a lawyer friend on Bubbas radio show that takes about this all the time. His saying "if you dont know, dont blow" He can get you off the refusal to test easier than if you submit to the test and fail.
  • bassmanbassman Posts: 264 Officer
    From what I have been told from multiple law school students and current lawyers- it is simple. If you havent drank an ounce of alcohol, then fully cooperate. It will probably be obvious and you will be free to go.

    If you have had multiple alcoholic beverages (do people really only drink one?), take a DO NOT standpoint. Do not blow in the field, do not submit to field sobriety tests, do not admit to drinking a lick of alcohol, do not answer any questions that the cop is asking to get the information he wants from you, do not act drunk, do no be an **** to the officer, do not blow at the station, do not allow blood to be drawn if they ask. I am fairly certain they cannot forcibly draw blood unless you they have probable cause (this is a whole nother story people go to trial over) that you were driving under the influence and caused accidental death or serious bodily injury (this includes to yourself as the defendant). You need to remain calm, be polite, and simply say "I want to speak to my lawyer." Let the cop ask all he wants- dont answer and tell him you want to speak with your lawyer.


    If you go this route, you will likely: A) have your license revoked for some period of time (often reduced below the 1 year with a good lawyer), B) brought to the station, C) spend a night in the drunk tank, D) pay some fines and/or do some hours of community service, E) pay some hefty lawyer fees.

    All in all though, if they dont have the evidence against you, they have a lot harder to going on the cops word and proving you were drunk than if you blew, did a bunch of field tests, acted like a idiot.

    ***This is all based on a first offense. Not sure on actions to take if previously charged with a DUI. I am not a lawyer, do not represent one, and am just speaking on what I have heard***
  • seajay-1seajay-1 Posts: 4,736 Captain
    Just plead the 5th, It works for a Congressional inquire.
  • RStyleRStyle Posts: 1,488 Officer
    After reading all this.....................I went ahead and ordered a $120 personal breathalyzer to keep
    in my glove compartment
    Better than 5, 10, 15 thousand bucks to deal with a possible DUI
    Best thing not drink and drive...........but...........go to a picnic and have a few beers, go to dinner and have some wine etc.
  • SJCSJC Posts: 2,572 Captain
    When I was in Austrailia they had those breathalizer dodads in just about every bar on the wall. Thought that was funny.
    The Beatings will continue until moral improves!
  • Fish HaidFish Haid Posts: 8,417 Admiral
    Tell them that you are Mayor of Gainesville, and thell them you want to blow.

    (EDIT: was going to edit the typo above, but it is funnier as-is!)
    23895.gif
  • Lucky7Team2Lucky7Team2 Posts: 6,794 Officer
    If you have drank zero alcohol then go ahead and do the field sobriety test and blow in the breathalyzer. It won't show anything to convict you. But you probably won't even be asked to do either of those things if you have drank zero alcohol because the cop won't notice any odor or glassy eyes, impaired speech etc. to make him suspicious enough to even ask you to do those things

    If you have drank any alcohol, do not do field sobriety tests, do not blow in the machine, do not talk or answer questions.
    Right to remain silent, ask for an attorney.

    This is what lawyers, judges and cops do when they are arrested for DUI.
    It's as simple as not providing any evidence against yourself.

    In fact, most defense attorneys will tell you don't talk to the police about anything ever no matter if you are a sunday school teacher or a serial killer.
    Right to remain silent. Even a fish wouldn't get in trouble if he just kept his mouth shut.

    Not having ANY evidence against you is crucial. When I was 23 many moons ago I got pulled over drinking. Not sure why cuz I wasn't that smart but I decided to not do any tests. I was arrested, in jail for 24 hours and released. Not sure the law now but I immediately had my license reinstated fully since I did not get a DUI but charged with refusal or something. When the court case came the first time cops were a no show. It was moved. It came a 2nd time and cops no show but because they had NO evidence it was dismissed. Had the judge seen a field report or breathalyser reading he would have set another date. DON'T GIVE THEM EVIDENCE!
  • SFL_crackerSFL_cracker Posts: 105 Officer
  • Captjohn5150Captjohn5150 Posts: 1,698 Captain
    Better to not have a DUI and maybe just a suspended lic...
    For the love of all outdoors recreational activities....what my spelling is off, that will learn ya. Pimping ain't easy unless u went to FSU, its a BS course.
    What do u get when you can connect the dots, color inside the lines, and get your release papers.....sentence served, times up at Felon sentenced university.
    Floridas first woman's college.
    The only difference between FSU and all the other colleges are other colleges accept you into the university's. At FSU you are taken into custody.
  • SJCSJC Posts: 2,572 Captain
    http://www.youtube.com/watch?v=6wXkI4t7nuc

    Don't talk to the police!!!! great video

    Exactly!!!!
    The Beatings will continue until moral improves!
  • loose_cannonloose_cannon Posts: 592 Officer
    http://www.youtube.com/watch?v=6wXkI4t7nuc

    Don't talk to the police!!!! great video

    That's good legal advice right there.

    In addition to never talking to the police, you should not speak while in the back of the police car, a holding cell or anywhere else while in police custody. You are being recorded and your recorded statements are admissible as evidence against you. I sat in a jury trial for two dudes that chatted it up in the back of the cruiser and they basically screwed themselves. Defense argued that the recording was done without consent, however, the judge overruled because the back of a police car or a cell is not considered a private place. Be polite, the cops are simply doing their jobs. On the other hand, always remember that if the cops do their job well you get convicted.
    Join Date: March 2001
    Member #813
  • bay20bay20 Posts: 1,490 Officer
    I have had 2 friends over the last couple of years refuse to blow and they both got convicted and to make it worse they had both prior refusals in the past. Well both ended up taking plea bargains for level 2 dui's which is more costly than a level one.
  • JeepDiverJeepDiver Posts: 704 Officer
    If you do not blow you can have your license re-instated fully till the trial. Not a hardship one but regular. Do not blow, the evidence will doom you.

    False. The DMV side, and the criminal side have nothing to do with each other. You can be found not guilty, or even have the judge throw the case out becasue the cops way over stepped the law and still lose your license.
  • Fish HaidFish Haid Posts: 8,417 Admiral
    JeepDiver wrote: »
    False. The DMV side, and the criminal side have nothing to do with each other. You can be found not guilty, or even have the judge throw the case out becasue the cops way over stepped the law and still lose your license.

    Stop trying to confuse people with facts!
    23895.gif
  • Fish HaidFish Haid Posts: 8,417 Admiral
    bay20 wrote: »
    I have had 2 friends over the last couple of years refuse to blow and they both got convicted and to make it worse they had both prior refusals in the past. Well both ended up taking plea bargains for level 2 dui's which is more costly than a level one.

    And blowing a 0.16 would have helped them?
    23895.gif
  • SpinfisherSpinfisher Posts: 756 Officer
    Dont blow, dont talk and do not walk on the line or do the pen test.

    Be polite, and tell the cop you want to go home or to take you to jail. His choice, but dont cooperate!
  • bay20bay20 Posts: 1,490 Officer
    Fish Haid wrote: »
    And blowing a 0.16 would have helped them?

    you kind of lost me there fish the only point I was making is while a agree don't take any test doesn't mean they still can't convict you.
  • Fish HaidFish Haid Posts: 8,417 Admiral
    bay20 wrote: »
    you kind of lost me there fish the only point I was making is while a agree don't take any test doesn't mean they still can't convict you.

    Especially if you are GUILTY!
    23895.gif
  • tankardtankard Posts: 7,031 Admiral
    bay20 wrote: »
    I have had 2 friends over the last couple of years refuse to blow and they both got convicted and to make it worse they had both prior refusals in the past. Well both ended up taking plea bargains for level 2 dui's which is more costly than a level one.


    Taking a plea bargain is not the same as a conviction.
  • bay20bay20 Posts: 1,490 Officer
    tankard wrote: »
    Taking a plea bargain is not the same as a conviction.
    I am not quite sure about your definition of a conviction but on their records is guilty of second dui even though they had the prior one dropped. the plea on one of them was to avert having a felony instead of a misdemeanor being he owns quite a few guns and hunts and we all know a convicted felon can't own guns.
  • Lucky7Team2Lucky7Team2 Posts: 6,794 Officer
    JeepDiver wrote: »
    False. The DMV side, and the criminal side have nothing to do with each other. You can be found not guilty, or even have the judge throw the case out becasue the cops way over stepped the law and still lose your license.

    It was 15 years ago so perhaps it changed. I can tell you when I was caught I never missed a day of driving after seeing my attorney. I drove legally with no hardship from about a week after the incident till the day of the trial which was tossed. Had I been found guilty my suspension would have begun from that point. May have changed over the years.
  • tagtag Posts: 8,920 Admiral
    Slidell police: Woman arrested on DWI charge twice in less than 24 hours

    The first of Marjorie Portier's arrests happened Saturday at about 2:30 a.m. when an officer noticed a red 2002 Saturn swerving on Front Street, police say.

    Portier had just left a party at a bar and exhibited signs of being intoxicated, according to police.

    Portier submitted to the breath alcohol test and had a blood alcohol content over twice the legal limit. Portier was charged with first offense driving while intoxicated and improper lane usage.

    At about 1:50 a.m. Sunday, a different officer stopped Portier for speeding on Gause Boulevard, swerving and making an improper turn, police say

    The officer said Portier showed signs of being intoxicated after once again leaving a party at a bar. She submitted to a blood alcohol test and was over the legal limit, according to police.

    Portier pleaded not to go to jail for the second night in a row, the officer said.

    Portier was arrested for second offense driving while intoxicated, speeding, improper lane usage, and improper turning.



    Read more: http://www.wdsu.com/news/local-news/northshore/slidell-police-woman-arrested-on-dwi-charge-twice-in-less-than-24-hours/-/12537650/20401078/-/djxp4tz/-/index.html#ixzz2VFD4g5ZR
  • navigator2navigator2 Posts: 22,511 AG
    tag wrote: »
    Slidell police: Woman arrested on DWI charge twice in less than 24 hours

    The first of Marjorie Portier's arrests happened Saturday at about 2:30 a.m. when an officer noticed a red 2002 Saturn swerving on Front Street, police say.

    Portier had just left a party at a bar and exhibited signs of being intoxicated, according to police.

    Portier submitted to the breath alcohol test and had a blood alcohol content over twice the legal limit. Portier was charged with first offense driving while intoxicated and improper lane usage.

    At about 1:50 a.m. Sunday, a different officer stopped Portier for speeding on Gause Boulevard, swerving and making an improper turn, police say

    The officer said Portier showed signs of being intoxicated after once again leaving a party at a bar. She submitted to a blood alcohol test and was over the legal limit, according to police.

    Portier pleaded not to go to jail for the second night in a row, the officer said.

    Portier was arrested for second offense driving while intoxicated, speeding, improper lane usage, and improper turning.



    Read more: http://www.wdsu.com/news/local-news/northshore/slidell-police-woman-arrested-on-dwi-charge-twice-in-less-than-24-hours/-/12537650/20401078/-/djxp4tz/-/index.html#ixzz2VFD4g5ZR

    Swamp people. :grin
    [SIGPIC][/SIGPIC]
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