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.
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.
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.
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.
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.
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.
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), 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***
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.
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!
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Replies
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 to my knowledge. Pretty sure they have to have an injury or you would have to be unresponsive.
snaggin' jigs
....just saying.
^^^^Thank-you. THIS IS THE TRUTH
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.
Blood draw only done on fatalities and severe bodily injury, and yes they will hold you down and take it.
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.
One group of people worked for their entitlement, the other didn't.
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),
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***
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.
(EDIT: was going to edit the typo above, but it is funnier as-is!)
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!
Don't talk to the police!!!! great video
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.
Exactly!!!!
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.
Member #813
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!
And blowing a 0.16 would have helped them?
Be polite, and tell the cop you want to go home or to take you to jail. His choice, but dont cooperate!
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!
Taking a plea bargain is not the same as a conviction.
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.
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