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

[Dueller]

If its dark and a person with blue lights, siren, uniform, badge, gun and nightstick pulls you over, remember one thing: He ain't there to help you.

Keep in mind, the moment he notices you he is gathering evidence against you.

While there is no set answer as to what you should do in the event of a DUI stop as it is a fact intensive situation, in most cases being polite and respectfully refusing field tests under the 5th amendment is the way to go. Field tests generally can only be used to establish probable cause to have you take the test at the station under implied consnent.

I do some DUI defense and I can tell you that the Intoxlizer 8000 that most jurisdictions use is highly inaccurate.

[rouxroux]

Originally Posted by Dueller

If its dark and a person with blue lights, siren, uniform, badge, gun and nightstick pulls you over, remember one thing: He ain't there to help you.

If he takes one more buzzed or drunk driver off the road and keeps them from killing another person I love or care about, then HELL YES, he's there to help me.

If you on the other hand are buzzed or drunk, at that moment you might think he's not there to help you, but better for him get ahold of you then than me get ahold of you later. Think before you get behind the wheel, because if you hurt another person I care for, I might just pull you out of your car, beat the Hell out of you and then sit on you until the Police finally arrive. "I don't know officer. he was acting crazy and took a swing at me" is what I'll probably say with one eyebrow raised.

[DARISC]

Originally Posted by Racerbvd

Yep, anywhere.

Yup, CA for sure.

Originally Posted by Dueller

While there is no set answer as to what you should do in the event of a DUI stop as it is a fact intensive situation, in most cases being polite and respectfully refusing field tests under the 5th amendment is the way to go. Field tests generally can only be used to establish probable cause to have you take the test at the station under implied consnent.

I do some DUI defense and I can tell you that the Intoxlizer 8000 that most
jurisdictions use is highly inaccurate.

+ lots to all the above.

And....in CA, if you've thought better about continuing to drive, having decided for yourself that you'd had too much to drink, and pull off the road and park in a perfectly legal place, put your keys in the glove box, crawl into the back seat and go to sleep?

Well, if a cop decides to investigate, you're busted, same as if you'd been pulled over driving - IF he finds your keys, because it's then assumed that you drove the car to that location, put the keys there and had access to retrieving them to drive on.

As a side note, my friend hired a lawer to represent and appear with him, plead guilty and recieved the expected fines/punishment. He said that the lawer didn't say or do anything to defend him, but has no regrets because he was guilty as charged. He believes the judge may have considered the expense of a lawer part of his punishment and may have been harsher if he had appeared without legal representation.

[John_AZ]

Private attorney fees. Tempe DUI attorney Craig Penrod estimated first-offense runs about $3500 and for a trial jumps to $5000. If convicted in Arizona, in addition to the fine and higher insurance rates, the driver has to have a interlock breath system installed on the car for a cost of $960 for 12 months.

With these fees, a cab or hotel is petty cash.
John_AZ

[BGCarrera32]

Originally Posted by rouxroux

If he takes one more buzzed or drunk driver off the road and keeps them from killing another person I love or care about, then HELL YES, he's there to help me.

If you on the other hand are buzzed or drunk, at that moment you might think he's not there to help you, but better for him get ahold of you then than me get ahold of you later. Think before you get behind the wheel, because if you hurt another person I care for, I might just pull you out of your car, beat the Hell out of you and then sit on you until the Police finally arrive. "I don't know officer. he was acting crazy and took a swing at me" is what I'll probably say with one eyebrow raised.

Ditto...and anyone grabbed after causing bodily harm to another in a traffic incident while intoxicated should be hit with an automatic felony, 5 years in the slammer.

[legion]

Who was the Chicago Bear who crashed his Lamborghini a few weeks ago (presumably drunk)? He waited 12 hours to show up at the police station where he was charged with leaving the scene of an accident...

[Langers]

Originally Posted by 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.

Exactly. I feel the 0.05 we have here is a little high. 0.08 in the US is just nuts!

0.02 seems to be a good compromise. No drinking, but you can have a little lemon lime bitters or some fruit cake without being concerned about blowing over.

[Langers]

Originally Posted by Dueller

I do some DUI defense and I can tell you that the Intoxlizer 8000 that most jurisdictions use is highly inaccurate.

The procedure here is that if you're deemed over the legal limit by the field breath test, you're taken back to the station or hospital to have blood drawn, in order to get a number that will stand up in court.

Lately, the cops have equipped their DUI vans with such blood testing equipment so even less time passes between breath and blood tests.

[afterburn 549]

Wonder why the AMA and the ACLU is not all over thet one ?? A cop?? going to draw blood ?? I see a whole lot of what ifs in that one .

[Rick Lee]

Originally Posted by afterburn 549

Wonder why the AMA and the ACLU is not all over thet one ?? A cop?? going to draw blood ?? I see a whole lot of what ifs in that one .

Because states make this breath/blood test business an "administrative" rather than legal matter. When you get nailed for DUI, your license suspension is done by DMV. It's the states' way of getting around the 5th Amendment, since one in the right mind would ever consent to a breathalyzer or blood test, whether they think they'd pass or not. But dangle a one year license suspension in front of them and they get more compliant.

[afterburn 549]

So .. if a cops suspects me, in some states he has the right to stick a needle in me ?? I see all sorts of legal problems with...that... I know it will not heal, all my fingers are numb from wrong use of medical equip., infections....

[Rick Lee]

Originally Posted by afterburn 549

So .. if a cops suspects me, in some states he has the right to stick a needle in me ?? I see all sorts of legal problems with...that... I know it will not heal, all my fingers are numb from wrong use of medical equip., infections....

Well, I think in most states you can just take a breathalyzer instead, but if you fail it and think you should have passed, then a blood test would be better for you. The "implied consent" law says you agreed to submit to such a test when you signed for your driver's license, since driving is a privilege and not a right. You know the state would love to turn a lot of rights into privileges, so they could take them away from you.

[osidak]

I know in NC you can get a DUI for the following

Being drunk and deciding you shouldn't drive so you crash in your backseat..... if the keys are on you or accessible you just got a DUI

Drinking a few while working on the car in your own driveway (if the key is in the car or on you you just got a DUI)

Riding a bicycle while drunk

Technically you could get a DUI mowing your yard (riding mower) while throwing a few back.


I literally had come out of a bar - felt I should not drive so I went to sleep in the back of my car. Got woken up by a state trooper and given the run around - I stated I felt it was prudent I did not drive so I decided to sleep it off. He asked me where my keys where and with a smile I said my trunk. Because they where "locked" up he couldn't charge me with the DUI. Told me I had to leave though..... Was a long walk home.

[carnutzzz]

Originally Posted by 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.

Thank God!

[wrecktech]

Originally Posted by Rick Lee

since driving is a privilege and not a right. You know the state would love to turn a lot of rights into privileges, so they could take them away from you.

Interesting website http://www.the7thfire.com/Politics%20and%20History/DrivingRight.html

I would copy but it is pretty long. Very good reading and I would love any attorney feedback.

[Jeff Higgins]

Would any of you accept a system that doles out the same penalty for speeding at 10 over as it does for, say, doubling the limit? Probably not. Why do you accept one that imposes the same penalty for .08% (soon to be .05% in a number of states) as it does for, say, .20%?

In both cases, there is a clear difference in the danger posed to the rest of us between an individual that has barely exceeded the limit vs. one that has grossly exceeded it. In the former, we would never accept equal punishment. In the latter, we expect it. Why?

[Rick Lee]

I agree Jeff. But if you blow a .20, you will get the book thrown at you, whereas a .08 might get you some leniency, even a restricted license. Point is MADD wants zero tolerance and will not stop until they get it.