Paris is going to jail...

[jwright25]

Originally Posted by macallan25

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....

[AlphaFrog]

Originally Posted by jwright25

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.

[Kevin]

Originally Posted by macallan25

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?

[Sister Havana]

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?

[AlexMack]

Originally Posted by Sister Havana

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.

[Kevlar281]

Originally Posted by macallan25

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.

[Kevin]

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.

[sunnyhibiscus]

Originally Posted by sdsuchelle

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?

[Drolefille]

Originally Posted by Kevin

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.

[AlphaFrog]

Originally Posted by Kevin

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?

Originally Posted by Drolefille

I'm curious, how do they sneak a blood, breath or urine sample? I've never heard of this.

See above.

[Drolefille]

Originally Posted by AlphaFrog

See above.

Ah, missed that. Thanks

[susan314]

Originally Posted by Kevin

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).

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

[Kevin]

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."

[GeekyPenguin]

Originally Posted by jwright25

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.

[Kevin]

The best strategy is to not drink and drive.

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