Anybody have any experience with handling a DUI?

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  • TMagic
    G.O.A.T.
    • Apr 2007
    • 7550

    #16
    Well as Koolie mentioned, I didnt want to take that chance and be screwed. Ive heard from people that some have taken it without even having drank and blew over the limit. Plus the guy didnt even offer the blood test. Not that I would have consented to that either.

    Got to thinking about how many drinks it takes to be over the limit. Like if I, being 185 and pretty solid, have 2 drinks, does it register the same as a female weighing 120 lbs? In other words, is the test an absolute or relative number? And is .08 going to have the same effect on us in terms of mental/physical/visual acuity?

    So in thinking about all of that, I refused.
    Last edited by TMagic; 04-12-2012, 04:58 PM.
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    • dickey1331
      Everyday is Faceurary!
      • Sep 2009
      • 14285

      #17
      Re: Anybody have any experience with handling a DUI?

      I think it was good to refuse a breathalyzer. Especially since the DOD probably has a zero tolerance policy.

      Edit

      Ok never mind. Seems to be if you refuse then its automatically assumed you are drunk and sometimes even if youre proven innocent you may still have to serve the penalties for refusing.
      Last edited by dickey1331; 04-12-2012, 05:02 PM.
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      • mattsb84
        Rookie
        • Dec 2007
        • 378

        #18
        Re: Anybody have any experience with handling a DUI?

        Originally posted by bigbob
        You refusing the breathalyzer is equal to you blowing over a .07 in the US and in a cop's eyes.
        Not saying you're incorrect here, you're probably right, but that seems to go completely against innocent until proven guilty no?

        Not advocating drunk driving, but simply bending over and complying to the police seems foolish. I'm not obligated to help them prove a case against me and if I don't help them, that shouldn't be held against me. They should be able to prove their case without me consenting to their requests. Unless they have a warrant, it shouldn't be held against me.

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        • ANDROMADA 1
          So long to a Legend.
          • Dec 2008
          • 5024

          #19
          Re: Anybody have any experience with handling a DUI?

          Originally posted by NDAlum
          Very interesting

          Yea if it's a military base...I have no idea what they do!
          *If its millitary it follows the UCMJ(Uniform Code of Military Justice). I was in the Army and studied Law, not to be a lawyer though. Anything the Govt does must have a regulation to be enforceable. You also have the right to travel, be it boat, bike, walking.....If the alleged offense is criminal then it must follow the rules of Criminal procedure, If civil then civil procedure. The police are only witnesses. If they issue a ticket or class C misdemeanor then that isd fine only and you don't serve jail time. From there you just challenge the legal procedures without even getting into whether you were DUI or not. This works for ANY infraction, etc. BTW If you were arrested when the cop asks you if you understand you tell him no. If he takes you "downtown" When you go before the judge you DO NOT ENTER A PLEA.....A ticket(UTC) is NOT a verified complaint, never has been never will be.

          good luck

          *for informational purposes only. This information is not legal advice.
          Last edited by ANDROMADA 1; 04-12-2012, 05:27 PM.

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          • av7
            Hall Of Fame
            • Dec 2007
            • 11408

            #20
            CA drivers license = agreement to take a breathalyzer by law enforcement with probable cause. Youre given the option I believe with which method to test.
            Aaron
            Moderator

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            • baumy300
              Most Valuable Pepe
              • May 2005
              • 3998

              #21
              Re: Anybody have any experience with handling a DUI?

              Originally posted by TMagic
              I received one last week.

              Long story short. Mother is in the Navy and lives in military housing where you have to show ID to get in. A Department of Defense Officer at the front smells alcohol on my breath and takes me in.

              I was not drunk. Not even remotely close as I wasnt even buzzed. I went out had a couple drinks when I first got there and went home about 3 hours later (which is what I've done since forever as I am not a heavy drinker at all and usually drive whenever I go out).

              He told me to take the breathalyzer and I refused as I've always heard that you shouldnt when asked.

              So I was processed for the first time ever and let out after 12 hours.

              So my question is...now what?

              Ive never gotten into any type of trouble before, so I dont really know whats the best way to go about handling things.

              Any help/suggestions/experiences would be extremely appreciated.
              I don't know how your state works, but if it is like most, whoever said that should be straight beaten. That is the last thing you want to do. It pretty much makes your case next to impossible to win. Or as one lawyer I know would put it - "In one hand you have a huge lump of ****, and in the other you have a fairly large lump of ****. Which one do you want?"

              In ND when you refuse you lose your license for around 3 years and have a hell of a time pleading your case. If you take the test, cooperate, and still fail, you may find yourself getting off easy if it's your first offense. Some guys even had it knocked down to a wreckless driving charge and kept their license. Even the guilty ones who take the test still only lose it for around 6 months.

              Bottom line - Whoever tells you to refuse the test is a clown. (Depending on your state, obviously)
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              • av7
                Hall Of Fame
                • Dec 2007
                • 11408

                #22
                Re: Anybody have any experience with handling a DUI?

                Originally posted by baumy300
                I don't know how your state works, but if it is like most, whoever said that should be straight beaten. That is the last thing you want to do. It pretty much makes your case next to impossible to win. Or as one lawyer I know would put it - "In one hand you have a huge lump of ****, and in the other you have a fairly large lump of ****. Which one do you want?"

                In ND when you refuse you lose your license for around 3 years and have a hell of a time pleading your case. If you take the test, cooperate, and still fail, you may find yourself getting off easy if it's your first offense. Some guys even had it knocked down to a wreckless driving charge and kept their license. Even the guilty ones who take the test still only lose it for around 6 months.

                Bottom line - Whoever tells you to refuse the test is a clown. (Depending on your state, obviously)
                Seems like its 1 year suspension plus whats called refusal enhancement which is 48 hours in jail for the first time around.
                Aaron
                Moderator

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                • sydrogerdavid
                  MVP
                  • May 2009
                  • 3109

                  #23
                  Re: Anybody have any experience with handling a DUI?

                  I always found that the security guards were a lot more bull headed than the MPs at Ft. Wood. Back in the days of car tags, the MPs would let you through without tags as long as you have a military ID. (AND THEY WERE FRIENDLY!) The security guards would stare you down and sometimes send you to get your vehicle inspected.


                  Sorry, I have no experience in this area of life. I'm only 20.

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                  • baumy300
                    Most Valuable Pepe
                    • May 2005
                    • 3998

                    #24
                    Re: Anybody have any experience with handling a DUI?

                    Originally posted by av7
                    Seems like its 1 year suspension plus whats called refusal enhancement which is 48 hours in jail for the first time around.
                    In CO you're talking? It could definitely be. It's called the implied consent law up here, meaning if you're driving on our roads that you're basically agreeing to the consent of a test.

                    North Dakota state law prohibits a motorist from operating a vehicle in an intoxicated state. Read about the penalties for DUI convictions.


                    It says 4 years under the refusal section actually.
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                    • av7
                      Hall Of Fame
                      • Dec 2007
                      • 11408

                      #25
                      Originally posted by baumy300
                      In CO you're talking? It could definitely be. It's called the implied consent law up here, meaning if you're driving on our roads that you're basically agreeing to the consent of a test.

                      North Dakota state law prohibits a motorist from operating a vehicle in an intoxicated state. Read about the penalties for DUI convictions.


                      It says 4 years under the refusal section actually.
                      In CA, CO Im not sure about since I never took the test here like I did years ago in CA which is the agreement to take a BAC test. From my quick search about it, they give the 3 options for the test
                      Aaron
                      Moderator

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                      • baumy300
                        Most Valuable Pepe
                        • May 2005
                        • 3998

                        #26
                        Re: Anybody have any experience with handling a DUI?

                        Originally posted by av7
                        In CA, CO Im not sure about since I never took the test here like I did years ago in CA which is the agreement to take a BAC test
                        Gotcha. I just wish someone would have told the poor guy before he refused. Cooperating with LE is never really a bad thing, especially if you feel you're under the limit. Now the courts will never know the truth.
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                        • bigbob
                          MVP
                          • Sep 2007
                          • 10471

                          #27
                          Re: Anybody have any experience with handling a DUI?

                          Originally posted by mattsb84
                          Not saying you're incorrect here, you're probably right, but that seems to go completely against innocent until proven guilty no?
                          You refusing to take a breathalyzer is your admittance of guilt, so no, it doesn't go against innocent until proven guilty.
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                          • gerg1234
                            BOOM!
                            • Jul 2008
                            • 2911

                            #28
                            Re: Anybody have any experience with handling a DUI?

                            There is some lawyer that has a radio commercial here in Portland that said there are times when you should refuse a breathalyzer and other times when you shouldn't. He then gives his number to "keep in your wallet for emergencies"...you can then give him a call and he will advise you (since you have 15 minutes to officially refuse or not).
                            He obviously doesn't say what the circumstances are for either though.

                            I used to drink & drive all the time...but watching the punishments get steeper & steeper I've done a lot more calling a cab or just not drinking at all.
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                            • dickey1331
                              Everyday is Faceurary!
                              • Sep 2009
                              • 14285

                              #29
                              Originally posted by baumy300
                              Gotcha. I just wish someone would have told the poor guy before he refused. Cooperating with LE is never really a bad thing, especially if you feel you're under the limit. Now the courts will never know the truth.
                              You Would think the cop would have told him that.


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                              • baumy300
                                Most Valuable Pepe
                                • May 2005
                                • 3998

                                #30
                                Re: Anybody have any experience with handling a DUI?

                                Originally posted by dickey1331
                                You Would think the cop would have told him that.


                                Do you really care where I sent this from?
                                Well they are supposed to tell you what your options are and what happens when you refuse, but a lot people either just don't truly understand what they are hearing or are intent on refusing. And no cop is going to try and plead with them to reconsider their refusap. A refusal makes the cops job so much easier and involves a lot less paperwork.

                                Plus police officers are not supposed to give legal advice.
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