Q: What do I do if stopped for a D.U.I.?

[SlowToady]

I've heard from older police officers I know (Sergent's, fwiw) that that trick does not work. In fact, he said, most of the "tricks" you hear about do not work. His advice was to be as polite as possible, tell the officer that you respectfully decline to submit to his testing, contact your lawyer immediately and take the ride to jail. I have heard of that one working (someone I know personally).

As for the old "keep the bottle in the car" that is NOT a good idea. In addition to the aforementioned consequences, the tests these days are so good they can tell WHEN the alcohol entered your blood --they can tell if you were drinking previously, not just drinking at all.

Don't believe all that hucklebuck about instantly loosing your license and all that nonsense. In IL we have "Zero Tolerance" laws for minors, whereby if you blow positive, any bit at all, for ANY REASON WHATSOEVER, you loose your license. I thought it was bull**** when I heard about it in Driver's Ed., and I still do now. I know a few people who got DUIs while we were either still in HS, or had just gotten out, and none lost their licenses. We're talking 17 years old, DUI, no loss of license.

Originally Posted by motion

I've heard you're supposed to keep a can of pennies under your front seat. When you see the lights in your rear view, cram a mouthful of pennies in your mouth and gargle with them. The copper screws up the breathalyzer equipment.

[Porsche-O-Phile]

As with most things, I imagine the amount of money you have will ultimately determine your sentence. If you're a poor dirtbag who shows up to court with no attorney and a string of traffic violations for the last 10 years, you're getting a suspension, a fine and possibly some jail time. If you're wealthy and have a good lawyer, you can probably buy yourself deferred adjudication, a suspended sentence, sealed record, etc.

There are always at least two (usually three) tiers of "justice" here. One for the super-rich/power-elite (we almost never see this in practice day-to-day, but it's out there), another for the people rich enough to afford lawyers and buy their way out of trouble, and the last one for everyone else.

[Seahawk]

Originally Posted by djmcmath

I'm with 9dreizig on this one. Drunk driving is bad, wrong, and stupid, but the resources that are being applied are just over the top. I was pulled over for suspected DUI once because the cop said I didn't signal. Turns out it was a bad light bulb, but we didn't figure that out until he had hassled me for nigh on half an hour. I was stone sober, of course, hadn't had a drink in probably two days.

There are road blocks in some places set up for drunk driver apprehension. Cops wait in bar parking lots watching for people to come out drunk and go for their cars. But people still drive drunk. We have reached the point where the people who are still driving drunk should earn an award.

When I lived in Coronado in the mid/late '80's, the local Police were famous for being extremely aggressive on drunk driving, which I support to a point.

I was the Squadron Duty Office (SDO) one Friday night. I got a call from the Coronado Police saying they had one of the squadrons officers in the drunk tank. This was at 0400.

Proceedure in those days was to have the SDO go pick up the person and take them home. The Police knew there was no need for bail.

It turns out that they found the guy asleep in his car. He had decided that he had had enough to drink and, rather than drive home, he got in his back seat and went to sleep.

Now I know the law, but, when I asked the arresting officer why they didn't call me, the SDO, when they found him asleep so I could take him home, he just shrugged.

Again, I know the law, but it just seemed to me that they could have used this as an opportunity to help the guy rather than effectively end his career...

[greglepore]

In at least Pa., refusal to submit to a request for an alcohol test for any reason results in an automatic one year license suspension (not a DUI conviction, but still). And if you piss off the cop, he can still prosecute you for being so visibily intoxicated as to be incapable of safe driving.

[rouxroux]

I have zero pity for a buzzed or drunk driver. I lost 2 fellow band members in the early 80's by a drunk lady going the wrong way on an Interstate with no lights on. Land yacht vs. step van = 3 dead. My 1st wife was sitting at a traffic lighjt in Baton Rouge when her car was struck by a drunk driver doing 60. The rear bumper of her car wound up at the back of the front seat. Need I say more? I support 100% the efforts to take these people off of the road.

Best way to avoid a damned DWI? Don't drink & drive!

(off of soapbox, just resting now).

[Seahawk]

Originally Posted by rouxroux

I have zero pity for a buzzed or drunk driver. I lost 2 fellow band members in the early 80's by a drunk lady going the wrong way on an Interstate with no lights on. Land yacht vs. step van = 3 dead. My 1st wife was sitting at a traffic lighjt in Baton Rouge when her car was struck by a drunk driver doing 60. The rear bumper of her car wound up at the back of the front seat. Need I say more? I support 100% the efforts to take these people off of the road.

Best way to avoid a damned DWI? Don't drink & drive!

(off of soapbox, just resting now).

No need to get off the box...can't be said enough If you get behind the wheel legally drunk, I have zippy pity.

[notfarnow]

Have any of you guys ever had a chance to blow a breathalizer? I was at a party where a friendly cop brought a few, and it was a real eye-opener. I'd had about 5 drinks in just over 3 hours, and I blew 0.04.

I know there are a lot of variables at play, but I knew from the way that I felt that I was way out of my comfort zone for driving. I was really surprised that I was legal to drive at that stage, I had an OK buzz on and there was no way I would have been behind the wheel.

[FastCarFan]

I take drinking & driving very seriously, not because I am worried about getting caught but because I don't want anyone to get hurt, or worse.

I don't worry about trying to "beat" a sobriety test. My drink of choice is beer, & I never -- repeat, never -- drive after having more than 2 beers. Period. If I want to drink more than 2 beers it will be at home or someplace where I don't have to drive.

[legion]

Originally Posted by Racerbvd

Well, a retired Police officer friend once told me to keep a 5th in the car, sealed of course. When asked to get out of the car, facing the officer, making sure the he can see you breaking the seal, then take a big gulp of it, telling the officer that you were nervous. This dilutes the test as you weren't in your car, he saw you open a sealed bottle then drink. I have never tested this, so I don't know how well it works

I would think the officer would simply say in court that you were drinking in the car when he found you. What proof do you have that the bottle was sealed before taking a sip outside of the car? It's your word against his--and the judge (and probably jury too) will believe him over you.

[911Rob]

It's not a funny subject, to say the least; but when I was younger (19ish) I had a buddy get pulled over and the first thing he said to the officer was......"Ya got me"

true story. Charged and convincted.

Never been there and 0 chance I ever will be.

[John_AZ]

Porsche-O-Phile made an accurate statement about justice. Case in point-Mike Tyson. http://www.azcentral.com/news/articles/1119tysonsentence.html. The photos site is interesting for the BAC count. Locally, Phoenix needs to be on board.
Maybe we can get a opinions from active legal or law enforcement. I'd be interested in their views.

John_AZ

[DARISC]

An interesting aside (I think):

CA driver gets a DUI in his new pickup, has license suspended for a period of time.

Driver complies, doesn't drive while under suspension.

One Sat. morning, license still under suspension, he washes his new baby in his driveway then grabs a beer and sits in his truck, engine off, and plays with his sound system.

Cop rolls up and busts him for open container and DUI - again, on his own property .

Don't know if the guy was a known dick and the cops had their eye on him or if the cop was being a dick.

At any rate, the guy was convicted on both charges and ended up in even much deeper doo-doo. This story was told to me some years back by a friend who'd heard it from his DUI driving school instructor.

[9dreizig]

Originally Posted by DARISC

An interesting aside (I think):

CA driver gets a DUI in his new pickup, has license suspended for a period of time.

Driver complies, doesn't drive while under suspension.

One Sat. morning, license still under suspension, he washes his new baby in his driveway then grabs a beer and sits in his truck, engine off, and plays with his sound system.

Cop rolls up and busts him for open container and DUI - again, on his own property .

Don't know if the guy was a known dick and the cops had their eye on him or if the cop was being a dick.


At any rate, the guy was convicted on both charges and ended up in even much deeper doo-doo. This story was told to me some years back by a friend who'd heard it from his DUI driving school instructor.

I think in CA they can order you to not drink during the suspension period.. Cannot imagine they could get him for DUI if he was in his own driveway..

[Dan in Pasadena]

Originally Posted by targa911S

10 years in prison!!! That's a bit harsh. Hell O.J didn't spend 10 years in prison.

Yeah, but O.J. didn't kill anyone, didn't you hear? He's STILL looking for the "real killers"

[cgarr]

I like the advertisements that the Michigan State Police put out just before the Holidays: They say “Don’t dive drunk, Know your limit” So I guess they are telling me I can have a few just don’t get drunk. Well how many can I have? You tell me? Same with MADD, they say don’t drive drunk, not impaired, I guess so they can still attend their "tea totaling" parties without guilt? And I don’t drink even drink anymore.

[legion]

Originally Posted by cgarr

And I don’t drink even drink anymore.

Sure you don't....

[RoninLB]

[Racerbvd]

Originally Posted by 9dreizig

I think in CA they can order you to not drink during the suspension period.. Cannot imagine they could get him for DUI if he was in his own driveway..

All it taKES IS to have the key in the ignition, at least that is the way it is in FL.

I would think the officer would simply say in court that you were drinking in the car when he found you. What proof do you have that the bottle was sealed before taking a sip outside of the car? It's your word against his--and the judge (and probably jury too) will believe him over you.

except that most record every stop, so that would be caught on tape. But the best way to beat it is just don't do it.

[9dreizig]

"All it taKES IS to have the key in the ignition, at least that is the way it is in FL.
In your own driveway ?????

[Racerbvd]

Originally Posted by 9dreizig

"All it taKES IS to have the key in the ignition, at least that is the way it is in FL.
In your own driveway ?????

Yep, anywhere.