|
TheFakeSunRa
Bitch Splitter


Registered: 03/01/05
Posts: 16,449
Loc: Dirdy SOUF
|
Refusing a Breathalyzer?
#5948297 - 08/09/06 06:34 PM (17 years, 5 months ago) |
|
|
I just heard about a guy who refused a breathalyzer and ended up not getting the DUI because of insufficient evidence.
Just fyi
-------------------- [quote]Asante said: You constantly make posts thatr fling middle school insults at people you don't like mixed in with maladjusted psychopathic comments about wanting to beat up the other poster with a crowbar. You know how shit you are, you just don't give a fuck for precisely that reason. I disendorse you.[/quote]
|
Fractalated
There's no onehome up there...

Registered: 07/22/06
Posts: 640
Last seen: 17 years, 4 months
|
Re: Refusing a Breathalyzer? [Re: TheFakeSunRa]
#5948302 - 08/09/06 06:36 PM (17 years, 5 months ago) |
|
|
I dunno how it is in other places, but where I'm from I don't think you can legally refuse a breathalyzer.
-------------------- "Now that the principalities and the powers stockpile weapons of mass destruction, contaminate the earth with their feverish industry, release floods of images to trigger insatiable desires, treat animals and humans as commodities and functions of a market, the devil must be grinning from ear to ear."
|
Banez
Stranger


Registered: 09/23/05
Posts: 15,181
|
Re: Refusing a Breathalyzer? [Re: TheFakeSunRa]
#5948304 - 08/09/06 06:36 PM (17 years, 5 months ago) |
|
|
yeah.. i think its ur right to refuse a breathalyzer and that cant be held against you.. however then they can go to a field soberiety test.. at least thats my understanding.
in my experience, whenever they thought i have been drunk, they havent even asked me to give a breathalyzer.. and i rock a field sobreity tests, so so far so good
|
ToTheSummit
peregrinus



Registered: 08/22/99
Posts: 9,126
Loc: Las Vegas
Last seen: 12 hours, 50 minutes
|
Re: Refusing a Breathalyzer? [Re: Banez]
#5948313 - 08/09/06 06:39 PM (17 years, 5 months ago) |
|
|
It depends on where you live. You always have the right to refuse to take one, but in some states it is written into the law that a refusal is the same as an admition of guilt.
-------------------- You invented the wheel....You push the motherfucker!!
|
cookeman
Live and let live


Registered: 10/26/05
Posts: 1,077
Last seen: 10 years, 9 months
|
Re: Refusing a Breathalyzer? [Re: ToTheSummit]
#5948331 - 08/09/06 06:45 PM (17 years, 5 months ago) |
|
|
My cousin is a military cop and I asked him about refusing a breathelyzer. He said that it's better to take the breathalyzer and say it wasn't calibrated properly. If you out right refuse it they charge you with DUI. He said that the breathalyzers have to be checked and calibrated every so often and that there has been several times where the breathalyzer hadn't been checked at the proper time and the people tested with the unchecked breathalyzers would have gotten off, had they contested it. Also many of the classes he takes are with regular cops from all over the country (he changes bases every couple years) so those rules don't just apply to people in the military
-------------------- “Let’s put it this way – to lump psychedelic mushrooms into the same group as methamphetamine is like lumping the Bible into the same group as Mein Kampf. I mean shit; they’re both books, right?” Joe Rogan R.I.P. - "Bones" - One of the greatest people I've ever had the pleasure of getting to know and become friends with.
|
deadheadjpc2000
Blade


Registered: 02/27/06
Posts: 1,277
Loc: Emerald Triangle, U.S.A.
Last seen: 15 years, 6 months
|
Re: Refusing a Breathalyzer? [Re: ToTheSummit]
#5948332 - 08/09/06 06:45 PM (17 years, 5 months ago) |
|
|
And that would be Calif. Law... Peace
|
darkfly
LysergicExperimenter

Registered: 09/16/01
Posts: 1,169
Last seen: 8 years, 5 months
|
Re: Refusing a Breathalyzer? [Re: TheFakeSunRa]
#5948347 - 08/09/06 06:52 PM (17 years, 5 months ago) |
|
|
In Florida, Refusal of Breath, Blood, or Urine test is a MANDATORY 1 year suspension of your license. 18 Months for second offense.
I got into an accident once and my passenger was wasted so there was the odor of alcohol and I was accused of being drunk. I was arrested for DUI and given a breathalyzer which I passed since I had not been drinking.
The cops then decided that I must have been on drugs and demanded I take a urine test.
I had taken some benzos about a week before, so I declined the urine test because I knew they would try to say I was on them at the time of the accident.
After 10 months of the legal system my charge was reduced to reckless driving and I got all the same punishment as a DUI. Community service, fines, probation and I still had to wait out the year to get my license back.
So after about $2500 in expenses and a bunch of bullshit for something I was innocent of, my advice is don't just assume you can get off scott free by denying the testing.
-------------------- Everything Is Blue In This World. The Deepest Shade Of Mushroom Blue.
|
Prisoner#1
Even Dumber ThanAdvertized!


Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
|
Re: Refusing a Breathalyzer? [Re: ToTheSummit]
#5948359 - 08/09/06 06:57 PM (17 years, 5 months ago) |
|
|
Quote:
ToTheSummit said: It depends on where you live. You always have the right to refuse to take one, but in some states it is written into the law that a refusal is the same as an admition of guilt.
yep and also you immediately go to jail
|
leery11
I Tell You What!

Registered: 06/24/05
Posts: 5,998
Last seen: 8 years, 9 months
|
Re: Refusing a Breathalyzer? [Re: darkfly]
#5948364 - 08/09/06 06:59 PM (17 years, 5 months ago) |
|
|
that sucks dude...
if they take away your license how do they expect you to get around? does that mean you can't legally drive? i never understood that.
drugged driving laws are all kinds of fascism. if wasted, illegal. if not wasted, not a crime!
what do you do, pull over every long haired person, test them for THC, then say "yep he gets a DUI"
-------------------- I am the MacDaddy of Heimlich County, I play it Straight Up Yo! ....I embrace my desire to feel the rhythm, to feel connected enough to step aside and weep like a widow, to feel inspired, to fathom the power, to witness the beauty, to bathe in the fountain, to swing on the spiral of our divinity and still be a human...... Om Namah Shivaya, I tell you What!
|
daimyo
Monticello

Registered: 05/13/04
Posts: 7,751
Last seen: 12 years, 21 hours
|
Re: Refusing a Breathalyzer? [Re: leery11]
#5948484 - 08/09/06 07:33 PM (17 years, 5 months ago) |
|
|
Ohio = 1yr automatic suspension of license for refusal. You will also spend the night in holding. Much better than taking the tests, failing, and ending up with a suspended license, $5000+ in fines, AND a DUI on your record.
--------------------
"I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man."
|
Jadian
Ninja


Registered: 07/07/05
Posts: 7,404
Loc: The desert
Last seen: 6 years, 1 month
|
Re: Refusing a Breathalyzer? [Re: daimyo]
#5948498 - 08/09/06 07:37 PM (17 years, 5 months ago) |
|
|
Damn, the rules suck in the some of the places you guys live.
In Alaska if you refused a breathalyzer, they had to either give you a feild sobriety test or they would have to take you to the police station, at which point if you still fail a breathalyzer I believe you can be charged. At least it buys you a little bit of time or inconveniences the cop enough that he gives up
-------------------- LNC's official Alaskan stoner
 
|
Prisoner#1
Even Dumber ThanAdvertized!


Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
|
Re: Refusing a Breathalyzer? [Re: Jadian]
#5948510 - 08/09/06 07:40 PM (17 years, 5 months ago) |
|
|
often times if you blow .08 (or legaly intoxicated in your local) they'll take you in and make you blow again an hour later to see if the BAC increases or not, that way they charge you for the higher percentage
|
daimyo
Monticello

Registered: 05/13/04
Posts: 7,751
Last seen: 12 years, 21 hours
|
Re: Refusing a Breathalyzer? [Re: Prisoner#1]
#5948526 - 08/09/06 07:46 PM (17 years, 5 months ago) |
|
|
Bottom line = if you've been drinking, refuse all tests.
--------------------
"I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man."
|
pimmp1969
ShroomPimmp

Registered: 04/24/06
Posts: 316
Loc: fl
Last seen: 5 years, 9 months
|
Re: Refusing a Breathalyzer? [Re: leery11]
#5948535 - 08/09/06 07:51 PM (17 years, 5 months ago) |
|
|
In the Great State of Florida you can refuse a Breathalyzer. i think most states you can. Heres the pros an cons. You wont get a DUI,though you will get your license suspend for a year(if you take a Breathalyzer an fail u get DUI and suspension for a year so which ever way you wanna do it Ur loosin ur license if ur drunk), you save thousands for court fee's only in jail tell you sober up, an record stays clean. I don't no why more people don't no about this. jus say no lol.
-------------------- Going to trial with a lawyer who considers your whole life-style a Crime in Progress is not a happy prospect. Hunter S. Thompson Reality is just a crutch for people who can't cope with drugs. --Robin Williams
|
EndlessNameless
Stranger

Registered: 07/15/06
Posts: 918
Loc: Valley of the Sun
|
Re: Refusing a Breathalyzer? [Re: pimmp1969]
#5948593 - 08/09/06 08:06 PM (17 years, 5 months ago) |
|
|
Sounds like what you heard is true. From what I have heard, you should always refuse a Breathalyzer. You (or your lawyer) can come up with a thousand different reasons or explanations later on down the line, but if you submit a breath sample that night it's pretty hard to argue. In Arizona they have strict punishments I think mainly used as a scare tactic to make you take one. Worst case scenario, they will detain you and try and make you take a blood test in jail. IF that's the case, at least you killed some time in the transportation / incarceration process to sober up
Edited by EndlessNameless (08/09/06 08:07 PM)
|
EndlessNameless
Stranger

Registered: 07/15/06
Posts: 918
Loc: Valley of the Sun
|
|
You will probably lose your license for a year in either scenario, personally I would much rather have a suspended license on my record than a DUI
|
onetime
onetime


Registered: 11/13/03
Posts: 3,609
Last seen: 13 years, 1 month
|
|
If you have been drinking its better that you dont drivde no matter how well you drive drunk . I think druknk drivers should have to spenmd 12years in jail for driving legal drunk maby that way less inocent people will be killed buy drunks
--------------------
See? Yes, with my own three eyes. Depression, Misspells , wanting everying thing i cant have haveing nothing i want
|
TheFakeSunRa
Bitch Splitter


Registered: 03/01/05
Posts: 16,449
Loc: Dirdy SOUF
|
Re: Refusing a Breathalyzer? [Re: onetime]
#5949739 - 08/10/06 04:52 AM (17 years, 5 months ago) |
|
|
Quote:
onetime said: If you have been drinking its better that you dont drivde no matter how well you drive drunk . I think druknk drivers should have to spenmd 12years in jail for driving legal drunk maby that way less inocent people will be killed buy drunks
I guess you're cool with drunk posting however.
-------------------- [quote]Asante said: You constantly make posts thatr fling middle school insults at people you don't like mixed in with maladjusted psychopathic comments about wanting to beat up the other poster with a crowbar. You know how shit you are, you just don't give a fuck for precisely that reason. I disendorse you.[/quote]
|
Celaeno
Stranger
Registered: 07/20/06
Posts: 61
Last seen: 17 years, 2 months
|
Re: Refusing a Breathalyzer? [Re: TheFakeSunRa]
#5949753 - 08/10/06 05:18 AM (17 years, 5 months ago) |
|
|
oh come on, just don't drive when your drunk
|
Seuss
Error: divide byzero


Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
|
Re: Refusing a Breathalyzer? [Re: Celaeno]
#5949763 - 08/10/06 05:31 AM (17 years, 5 months ago) |
|
|
> oh come on, just don't drive when your drunk
If only it were that simple. I have known people that can blow over two times the legal limit drive better than I can sober. (I'm not a very good driver.) I have also known people that can drink half a beer, blow well below the legal limit, and yet they can not keep the car between the ditches.
The breathalizer does not detect if you are drunk or not and the laws are not designed to prevent impaired drivers from driving, unfortunately.
-------------------- Just another spore in the wind.
|
|