Don't talk to cops (IANALBIPOOTI)

[Bunk]

P.S.  Never blow into the breathalyzer if you had alcohol that day. 

There's your free legal advice for the day. 

This I'm confused by. Isn't refusing to blow treated as admitting guilt?

[Big Gulp]

This I'm confused by. Isn't refusing to blow treated as admitting guilt?

No, it just means that you have to be taken in and have blood drawn from you.  You will be handcuffed and taken away, but it gives you precious time to sober up, and it's more accurate, which breathalyzers aren't always; you can sometimes blow over the limit even when you're technically under.

Even if you've only had a couple of beers it's best to refuse to blow.  Sure you'll be massively inconvenienced, but a lot less inconvenienced than you would by a DUI on your record.  Best to be safe even if you think you'll blow under.

[IainC]

P.S.  Never blow into the breathalyzer if you had alcohol that day. 

There's your free legal advice for the day. 

This I'm confused by. Isn't refusing to blow treated as admitting guilt?

I believe (IANALOAC) that you have the right in most countries to refuse to take a breathalyser test on the grounds that it isn't very reliable and can result in a false positive under many common circumstances. However if the police have reasonable grounds to suspect that you are DUI, they can arrest you on suspicion and require you to pass a urine or a blood test at the station.

[Rendakor]

In NJ we have an implied consent law; refusing to take a brethalyzer gets you an instant DUI.

[murdoc]

P.S.  Never blow into the breathalyzer if you had alcohol that day. 

There's your free legal advice for the day. 

This I'm confused by. Isn't refusing to blow treated as admitting guilt?

Also, according the a couple of my cops friends, don't say that you've had 2 beers. That's the standard answer from everyone who has had more than 2 beers and gets you a breathalyzer instantly. It's better to say that you had 3 beers over the last 4 hours or something to that effect.

Also, do NOT follow this advice in Canada. Here, refusing to provide a breath example without a lawful excuse is against the Criminal Code of Canada. The charge is the same as if you failed the test.

[Sky]

A DUI is so fucking ticky-tacky these days, I don't know why anyone would risk even drinking a single light beer before driving. The amount that needs to show up, especially on a cheeseball breathalizer, is so minimal as to be retarded. I won't touch a drop if I'm driving, even though I don't drink to inebriation anymore.

And I say this as someone who was a stupid kid who used to drink to oblivion and drive the back country roads. I learned my lesson eventually, but despite being stopped many, many times by the police, I've passed at least a half-dozen sobriety field tests and never had to blow or go to the station. All after talking to the cops :)

I also agree with what murdoc said about "two beers". Kiss of death. Know what you drank and when, and make sure it stays within legal limits. However, see what I said about DUI. You might not get a DWI, but the levels for DUI...just don't drink and drive. Not worth it unless you like your life to be a mess (I know a lot of people who have to ride bikes or scrounge rides in the winter).

[Bunk]

Interesting: http://www.cba.org/BC/public_media/automobiles/190.aspx

Apparently the gist of the Law in BC is that you are legally required to provide a breath sample, but you have the right to not do so until you have spoken to your lawyer. Refusing to blow in BC effectively carries the same penalty as blowing over .08 if the judge doesn't accept your excuse for not blowing.

[Yegolev]

The answer to "Have you been drinking?" is always "No".

The best way to get out of a ticket is to know someone in the chain.  A cop, clerk, doesn't matter.  Sign the pad, drive off and call your friend.  That "thin blue line" sticker doesn't keep me from getting pulled over, but I suppose the implication is that I can handle the ticket afterward if I really am/know a cop.  Even if you can't get the ticket dismissed, you can at least get advice on how to deal with it.  I got ticketed with Expired Tag and No Tag in one stop (sound silly, yes?) because I had not gotten around to transferring my tag to my new-to-me-with-a-thin-blue-line-sticker car.  Advice was to do the transfer ASAP and take the paperwork to court, which worked great since my charges were dropped by the judge.

[Jeff Kelly]

I'd never accept the results of a breathalyzer. The german TÜV (an independent technical inspection authority in germany, responsible for the regular safety inspection of all cars and safety assessment of all things technical and electronical) tested the accuracy of breathalyzers of all different brands.

Their findings were that all of them were wildly inaccurate and sometimes produced results that were off by .02. Some brands even showed significant blood alcohol levels although the test subject didn't drink any alcohol.

This led to a change in german legislation. Anybody may refuse to do a breath test (although he may not refuse a blood test) or opt for a blood test instead. If the breathalyzer shows that you are above the legal limit, they have to confim it by doing a blood test. If you are below the legal limit they may use the breathalyzer value but they have to subtract a certain amount from the displayed value.

[shiznitz]

In NJ we have an implied consent law; refusing to take a brethalyzer gets you an instant DUI.

You can insist that your lawyer be present, though, and that gives you time. I don't believe that statute requires you to agree the first time asked.

[Abagadro]

Can we rename this thread I Am Not A Lawyer But I Play One On The Internet?

[voodoolily]

What?  You guys are nuts.  When a cop stops you driving,  you smile and ask if he has his handcuffs with him.  If it's a woman cop, blame a man.  Everyone knows that!

Truthiness.

[Morat20]

Can we rename this thread I Am Not A Lawyer But I Play One On The Internet?

Only if you also add "And BTW, State Laws Actually Vary, So Shit That Works in Texas Might Get You Laughed At in New Jersey".

[Signe]

Can we rename this thread I Am Not A Lawyer But I Play One On The Internet?

I don't think that would be fair because a drunken criminal would probably know just as much.  They're just not usually as fancy talking.

[angry.bob]

You can insist that your lawyer be present, though, and that gives you time. I don't believe that statute requires you to agree the first time asked.

Nope. You don't have the right to have an attorney for a preliminary or chemical test. You can agree to take the test or refuse. Almost every state has an implied consent law, and 15 of them have additional criminal charges for refusing. In pretty much all cases refusing will get you arrested anyway, and in some states once arrested they will force you to take the test against your will if need be. DUI is one crime that really pisses the fuck out of people and want to see people arrested for it fucked hard. It's one reasons people not only don't mind random checkpoints, but support them. Here in Ohio we even have a special license plate design that you have to have if you have a DUI just so everyone on the road with you knows what a stupid piece of shit you are.

Really, DUI's and fleeing in a high speed chase should both carry a mandatory death penalty on the first offense.

[Yegolev]

Huhuhuhuhuh... I ANAL BI POOTI ... huhuhuhuhuh....

[schild]

Huhuhuhuhuh... I ANAL BI POOTI ... huhuhuhuhuh....

I've spent five years of my life trying to invent an anal bum cover, failing to do so is my greatest regret.

[youdontknowme]

The answer to "Have you been drinking?" is always "No".

What if you are so drunk you are slurring your words?  Is saying "NO" still effective at that point?

[Kitsune]

Really, DUI's and fleeing in a high speed chase should both carry a mandatory death penalty on the first offense.

As a tangent, my roomie and I were driving home from the grocery one night.  Fairly late, around 10 or 11.  He'd stopped at a light, and just after it turned green, an SUV comes blowing through the intersection.  My first thought was, "Wow, that fucker ran the hell out of a red light."  A couple seconds later, it dawned on me, "Holy shit, he was in the wrong lane."  This was on a four lane road with a fairly hefty median in the middle, so being in the wrong lane was kind of a big deal.  I was still staring down the road after the guy when my roomie started pulling into the intersection, and it wasn't until he cursed and abruptly threw the car into reverse that I noticed the dozen police cars coming right at us.  From the way the road curved, we didn't see their lights or hear their sirens until they were right on top of us; they missed our car by inches as they went through the intersection.

We later found out that the guy made it about another mile down the road before smashing into the back of some compact car, hurting the people inside.  He kept going, but apparently didn't make it far before the cops rammed his SUV into junk and performed the Cobra beatdown on him.  The article mentioned that he'd been charged with something like a dozen felonies, all because the stupid fuck was driving drunk on a suspended license and thought he could outrun the cops after they'd already seen his license plate.

[Sky]

[tazelbain]

Raph likes to talk about games that matter.  Someone should make a game about this subject.

[Yegolev]

The answer to "Have you been drinking?" is always "No".

What if you are so drunk you are slurring your words?  Is saying "NO" still effective at that point?

Moreso than "yesshh".  I'm not saying it is effective, just don't be a dumbass.

[Murgos]

The answer to "Have you been drinking?" is always "No".

What if you are so drunk you are slurring your words?  Is saying "NO" still effective at that point?

It's kind of like being in a position to take advantage of any circumstance.  If you say yes, well, you're fucked, if you say no, well, there is still a chance.