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  #46  
Old 05-09-2007, 10:56 AM
jwright25 jwright25 is offline
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Originally Posted by macallan25 View Post
I know a pretty good amount of people who have refused breathalizers and just opted to go to jail. Sure, they lost their license for around 90 days (I think that is the penalty for refusing one)...but they didn't get DWIs.
Interesting. I also have heard that you should refuse the breathalizer and instead opt for a blood screening. By the time you get to the hospital and get the blood drawn, more of the alcohol will have metabolized and your BAC will be lower. I don't know anyone who has done that though....
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  #47  
Old 05-09-2007, 10:58 AM
AlphaFrog AlphaFrog is offline
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Originally Posted by jwright25 View Post
Interesting. I also have heard that you should refuse the breathalizer and instead opt for a blood screening. By the time you get to the hospital and get the blood drawn, more of the alcohol will have metabolized and your BAC will be lower. I don't know anyone who has done that though....
That sounds like a "Let me see your radar gun" type move, and something that would just piss most police off.

And apparently, you can't get out of all DUIs, or Paris wouldn't be heading up the river.
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  #48  
Old 05-09-2007, 11:08 AM
Kevin Kevin is offline
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Originally Posted by macallan25 View Post
Actually this depends, or so I've been told by my attorney. Maybe Texas is different than Illinois.

I know a pretty good amount of people who have refused breathalizers and just opted to go to jail. Sure, they lost their license for around 90 days (I think that is the penalty for refusing one)...but they didn't get DWIs.

.....and if you are well connected and have a good attorney....you can get out of a DUI/DWI. Don't be silly.
It's different all over. A breathalizer refusal in Oklahoma will result in a one-year automatic suspension of your driver's license.

Some departments are now equipping these sensors which attack to the top of the cop's little clipboard thing which can get a measure your BAC from a pretty good distance. The cop just leans in a little when he's asking for your information and he's got your BAC.

They don't need your consent for that -- it's not a search because you have no expectation of privacy as to your breath. Neat, eh?
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  #49  
Old 05-09-2007, 12:55 PM
Sister Havana Sister Havana is offline
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Did you see on the petition one of the reasons to pardon her is that she brings "beauty and excitement to otherwise mundane lives?" Gag.

There are some other petitions out there too - to give her a life sentence.

Paris needs to go away. Really. Does she even have one redeeming quality?
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  #50  
Old 05-09-2007, 01:21 PM
AlexMack AlexMack is offline
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Paris needs to go away. Really. Does she even have one redeeming quality?
I seriously just sat and thought about that for like a minute straight. I cannot come up with anything. Now that's sad.
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  #51  
Old 05-09-2007, 01:26 PM
Kevlar281 Kevlar281 is offline
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Quote:
Originally Posted by macallan25 View Post
Actually this depends, or so I've been told by my attorney. Maybe Texas is different than Illinois.

I know a pretty good amount of people who have refused breathalizers and just opted to go to jail. Sure, they lost their license for around 90 days (I think that is the penalty for refusing one)...but they didn't get DWIs.

.....and if you are well connected and have a good attorney....you can get out of a DUI/DWI. Don't be silly.
My friend refused to take the breathalyzer and all things considered it worked out pretty well for him.

His whole defense was based on the videotape that was recorded by the police officers dash cam. He wasn’t stumbling or slurring his words; from all accounts any juror would consider him to appear sober. When questioned by the prosecutor why he refused the breathalyzer he basically stated that he didn’t feel like he was drunk and the fact that he had been placed under arrest made him lose trust in the police.

The lawyer who represented him almost exclusively defends DUI/DWI defendants and his advice was that under no circumstances submit to any type of sobriety test. It’s easier to explain refusal then a positive test. Suck it up, go to jail and call a lawyer. The Fifth Amendment is your right, use it.
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  #52  
Old 05-09-2007, 02:08 PM
Kevin Kevin is offline
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Kev, that's not good advice in all 50 states. Like I said, a refusal in Oklahoma earns you a 1 year suspended license.

Also, in Texas, don't be too surprised if the police haven't already checked your BAC using other technology available to them before asking you to submit.
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  #53  
Old 05-09-2007, 02:13 PM
sunnyhibiscus sunnyhibiscus is offline
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I hope that stupid spoiled bitch spends all 45 days in jail and that it sucks.

She has made ZERO contribution to society, acts like she's somehow above the law, and why couldn't she hire a driver?! It's not like she's broke!

UGH SHE JUST MAKES ME SO MAD, seriously. Normally I don't care about celebrities but if I saw her in person, I would totally punch her out.
And young girls look up to her as a role model. What has this world come to?

And she thinks that Arnie would help her not to go to jail?
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  #54  
Old 05-09-2007, 02:23 PM
Drolefille Drolefille is offline
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Originally Posted by Kevin View Post
Kev, that's not good advice in all 50 states. Like I said, a refusal in Oklahoma earns you a 1 year suspended license.

Also, in Texas, don't be too surprised if the police haven't already checked your BAC using other technology available to them before asking you to submit.
I'm curious, how do they sneak a blood, breath or urine sample? I've never heard of this.
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  #55  
Old 05-09-2007, 03:02 PM
AlphaFrog AlphaFrog is offline
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Originally Posted by Kevin View Post
It's different all over. A breathalizer refusal in Oklahoma will result in a one-year automatic suspension of your driver's license.

Some departments are now equipping these sensors which attack to the top of the cop's little clipboard thing which can get a measure your BAC from a pretty good distance. The cop just leans in a little when he's asking for your information and he's got your BAC.

They don't need your consent for that -- it's not a search because you have no expectation of privacy as to your breath. Neat, eh?
Quote:
Originally Posted by Drolefille View Post
I'm curious, how do they sneak a blood, breath or urine sample? I've never heard of this.
See above.
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  #56  
Old 05-09-2007, 03:36 PM
Drolefille Drolefille is offline
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Originally Posted by AlphaFrog View Post
See above.
Ah, missed that. Thanks
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  #57  
Old 05-09-2007, 04:27 PM
susan314 susan314 is offline
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Kev, that's not good advice in all 50 states. Like I said, a refusal in Oklahoma earns you a 1 year suspended license.
It would be horrible advice in Ohio. The penalty is stiffer for refusing to take the test, than it is for taking it and testing over the limit (for a first offense).

Quote:
For a first-time offender who fails the test, the administrative license suspension is 90 days and a court may grant limited driving privileges after 15 days. However, if you refuse to take the test, the driver's license suspension is for one year and the court must wait 30 days to grant limited driving privileges. Also, some courts have taken the position of not granting privileges at all if the defendant refuses to take the test.

Most importantly under the new law, if you refuse the test, the six-year look-back period for prior DUI offenses becomes a 20-year look-back period. Therefore, it is possible that as a result of the refusal, the OVI may be charged as a felony if you had previous OVI charges in the extended 20-year look-back period.
http://oldsr.sanduskyregister.com/si...ml?question=13
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  #58  
Old 05-09-2007, 05:47 PM
Kevin Kevin is offline
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Ok.. I was thinking of the flashlight/BAC detector. I have no idea where I got the clipboard idea from.

Here's an article:

http://www.defensehelp.com/show_cont...&category_ID=1


Unfortunately, I don't know how much I can trust an article which uses the word "Irregardless."
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  #59  
Old 05-09-2007, 08:34 PM
GeekyPenguin GeekyPenguin is offline
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Originally Posted by jwright25 View Post
Interesting. I also have heard that you should refuse the breathalizer and instead opt for a blood screening. By the time you get to the hospital and get the blood drawn, more of the alcohol will have metabolized and your BAC will be lower. I don't know anyone who has done that though....
Not necessarily the best strategy - your BAC could also go up since you have had a chance to get more alcohol into your system depending on when you stopped drinking before you got behind the wheel.
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  #60  
Old 05-09-2007, 08:55 PM
Kevin Kevin is offline
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The best strategy is to not drink and drive.

I thought I'd just run up my post count by stating the obvious.
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