refuse a breathlizer or not? and how do you know if you're past the legal limit?

A

abcd

Bluelighter
Joined
May 7, 2002
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recently I got put on probation (weed), so I'm trying to be as much careful as possible and dont want to get in trouble for anything, I've quit everything and now i just drink a lot.
If I get pulled over, should I refuse a breathalizer? ... the thing is that I dont want to go to jail because I refused it, is this what happens if you refuse it?
my 2nd question is, how do you know if you're past the legal limit? ... Everybody must drive drunk if you think about how many people go to clubs and hangout at friends houses and go to parties and at night, I'm sure when they are driving home they have to be past the legal limit...because when I searched this on the net if the legal limit is at 8.0 BAC and you drink about 3.5 beers in 1 hr. that means you are past the legal limit...is this true?
everybody drinks more than that...if you're a regular drinker.
Anybody got any tips?...does anybody know how much you have to drink to have alchol on your breath really strong?
What I ususally do when I start driving is take a couple Certs Mints...so if I get pulled over my breath may not smell completely of alchol..I really dont know how much help the mints do.
 
I have heard conflicting shit
someone told me if u refuse a breathalizer its an automatic license suspension for 60 days
then someone told me that he took his breathalizer, and because he took it he got a lighter suspension
basically what I would do is if I am not really shitfaced, I would take it, because even if u are over your BAC wont be too bad
if u are shitfaced just refuse it because if you blow way over, they will suspend it for longer
of course its best to just crash where you're at but in the words of sticky fingaz if I dont drink and drive then how the FUCK I'ma get home?
peace
 
well, I had to take a drug education class for my probation, and the teacher was cool...and this is what she said...
if you refuse the breathlizer, then the only way they can PROVE you are drunk is from giving you a sobriety test or from the cameras on the police car (so if you're not really messed up you can pass all this) ...
..but if you fail a breathalizer test then it's automatic that you were drinking and driving if you fail it, and you might not even be fucked up.
so I dont know, i'v been trying to get more opinions on what everybody thinks.
 
If you refuse both the breath, as well as the field sobriety tests, the only way they can prove you were under the influence is by the cops observations, which have never held up that well in court (if you have a decent lawyer at least). Sure your DL might get suspended, but, if the criminal charges are dropped, 9 times out of 10 you can go before a judge and get your license back. If you are on probation, you might have stipulations that require you to submit to sobriety tests. Failure to do so, could result in a violation. Also, if you are truly drunk breathmints won't help you much. Alcohol is not only noticible on your breath, but also your in your perspiration. In short, a good lawyer can help you beat any DUI case, as long as you don't provide the cops with adequate evidence.
 
I agree with Harry. Why don't you act like the rest of us and avoid driving after you've been drinking (or taking other drugs)? Either rely on public transportation, have a sober friend who can give you a ride, walk home, ride your bike or whatever.. just don't drive.
 
Just because someone is over the "legal limit", doesn't mean they can't safely operate a motor vehicle. People get railroaded all the time, just because they happen to be over the limit. I don't think this guy is getting shitfaced, and hopping behind the wheel, as it's obvious he's trying to find out how far he can push it. The fact of the matter is, with tolerance, you could have a BAC of .200, and still be able to safely operate a motor vehicle. The moral of the story is don't submit to field sobriety tests/blood alcohol tests. Oh, and don't get drunk and get behind the wheel either, you could kill someone.
 
Originally posted by abcd:
if the legal limit is at 8.0 BAC
you mean .08%.
.8% is going to be lethal to anyone, let alone 8.0%.
as for a cop's observations not going over well, when the cop says you smelled strongly of alcohol, had glassy eyes, an unsteady gait, slurred speech, coupled with the fact that you refused a sobriety test, you are probably going to be found guilty.
[ 18 December 2002: Message edited by: michael ]
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You are clearly a dumb fuck and probably will be removed from the gene pool soon.
You are on probation and are asking about how to commit a serious crime?
Yeah right!
 
a good lawyer can tear appart the testimony of any cop in a heartbeat....unless there is physical evidence such as a sobriety test then its your word against the cops, and a good lawyer can turn the cops word to shit easilly nuff..
 
if you refuse a breathalizer and a field sobriety test, they will yank your candy ass outta the car, cuff you, impound your car, and youll spend the night in jail. if you're pulled over drunk, you can do two things..
1) act DEAD sober and hope to god that the officer doesnt notice. be cooperative.
2) get fucked. once the cop thinks you're drunk its all over, and you *wont* get out of it.
theres legal loop holes and blah blah but the cops dont really give a shit. if they think you're drunk, and you're refusing tests, you ARE going to jail. be reasonable now: you get pulled over for a suspicion of intoxication, you're refusing tests... do you really think the cop is just gonna say "oh well, what can i do?" and let you go!? FUCK no.
if you drive drunk, you'll either make it home with no incident, wind up killing yourself and others, or get pulled over and goto jail.
 
I think you guys are getting the wrong idea, I'm not getting shit faced and driving drunk on purpose...what do you do when you're at a club and getting drunk then the club closes...what are you supposed to do? ... I'm talking about when you absolutely have to drive, I also spin at a studio and practice daily and I like to drink a 40oz. when I spin ... I try to minimize how much I can drink because I have to drive, I'd like to drink a 6 pack but I dont because I dont want to chance it, so I only drink a lot one day out of the week, when I'm there all day and night.
I also spin after work, so it's hard to get public transportation, or a ride from a friend. I can drive very well when I'm drunk and I make sure I'm driving at the speed limit, not less not more. I was just asking if I should refuse a breathalizer or not, just to be sure if I do get pulled over for some reason then I would know what to do. It seems like I'm getting 2 different answers some people are saying yes, some people are saying no. I still dont know what to do.
 
...what are you supposed to do?
options:
1. there are these amazing things, usually yellow, which you can call at anytime, and they will come get you from wherever you are and take you wherever you want to go. there called taxis.
2. this relates to number 1, except these things will only take you very close to where you want to go...a bus! and they are cheaper than taxis!
3. like in who wants to be a millionare, phone a friend (or family) and ask them to come get you.
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i believe in new york if you refuse a breathalizer you automatically goto jail for the night and get your license suspended
 
You will most deffinately go to jail if you refuse to take sobriety tests. If you do things right, you can avoid getting a DUI on your record. If you do it right in the first place (i.e. don't get drunk and try to drive) you can avoid it altogether.
 
If you refuse a Sobriety Test in most states you will get arrested. As much as I don't like cops, they are not stupid, so they can tell when most people are drunk and most are not. If you drink 2 beers and drive you still have smelly breath heh. If you just drink a 40oz, then follow all driving laws and dont act stupid IF you get pulled over. Sucking up to cops gets you a long way, cops like it when you are cooperative and dont act like a dick. Just go the speed limit, use turn signals, if you drink a 40oz everyday while you spin, your tolerance should be high enough to were you do not get really bent by drinking a 40 so you should be able to obey all laws.
Isn't drinking a 40oz equal to drinking 5 beers? It's malt liquor bro, so it's basically like drinking that 6 pack you would like to drink.
But the best advice is probably what most people here are saying, crash at the place you drank at if possible. Just out of curiousity.. are you over 21?
 
One time I was caught for speeding and had some empties in the bacl of my car. The cop was convinced I was drinking or stoned. He gave me the field sobriety test, which I failed because my balance is not the greatest and standing on one leg was tough. Cuffed and stuffed me then brought me to the cop shop to test my BAC. They made me blow in that thing SIX times because they thought it was broken or I was beating it somehow.
They let me out, but not after towing my car which I could not get back till the next day. I had to call a friend to drive 80 miles RT that night and then 80 RT miles the next day. Then they charged me for the tow and storage.
What I learned from this is, be respectfull to the fuzz, I was a bit snippity and they f*cked me over because they could.
 
Oh yeah, the do sell breathalyzers online and at some bars, if you are concerned.
 
Originally posted by cingson:
i believe in new york if you refuse a breathalizer you automatically goto jail for the night and get your license suspended
That Is how it is in PA! If you refuse to take a breathalizer or blood test at the hospital you ARE automatically found guilty of DUI! your license is suspended
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In Florida if you refuse a breath test you get your license suspended for one year, no questions. However, you don't get charged with a DUI, they still have to prove that. If you do well on the tests you will most likely be able to get away free. But you will still have your license suspended. I don't support driving drunk, but that was a good thing to keep in mind drinking underage. If you're underage you're legally drunk after a single beer, so it's better not to blow and just lose your license.
 
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