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

you really shouldn't be driving drunk. this is why when I'm drinking no matter how much it is I have someone else drive or public transportation. Those drivers here can figure out where you're going even if you're slurring and every other word is uhhhh. Actually if me and my friends are drinking we usually will just stay at whoever's house we're drinking at til the next morning or if we can walk home. Sorry clubs here suck ass.
Oh and dont forget after so long the alcohol does wear off, so if you drank 3 beers in one hour, then eat and wait another hour or two you might be able to drive. That all depends.
 
Why is it whenver someone asks a semi-legal question, everyone has to reply yet so few are even close to correct?
The entire notions of "refuse togive a breathalizer and you will get a lesser punishment then if you're drunk" ...
Look, you're on PROBATION which means you sure as fuck wont be refusing a breathalizer or else what could have been a simple DUI could turn in a VOP and you could end up fucking yourself into oblivian..
If you are thought to be under the influance and refuse then they may simply decide to make you take a test, and it may be far more invasive then a breathalizer - when you get your drivers licenceyou are AGREEING that by operating a motor vehicle, you are giving consent to any soberity test required by law ..
Look, why is it you are trying to prepare to drive drunk? you know yer gunnabe tanked, why not just AVOID DRIVING and also AVOID the legal trouble you culd get into if you drive drunk?
How can you tell if you're drunk? Simple, go byyer local gas station, pharmacy, 7-11, etc.. they now have test strips that can be used to give you a fairly accurate reading of yer BAL ..
Now, for definitive answers to yer legal questions - moved to legal Q & A ..
 
Suggestion 1: Please take a taxi (as has already been suggested numerous times)
Suggestion 2: Refusal of a breathalyzer is an automatic double charge of DUI and Refusal to provide, automatic suspension, jail until bail ... A good lawyer (with the right judge in the seat) will actually be able to put holes in the breathalyzer evidence and may be able to get that charge eliminated or reduced.
I've had too many friends to mention go both ways on this one i.e. refuse or not and the results have always been the same. The ones that refused have been taken to the cleaners, while those that didn't either won, or had good chances for pleas.
 
Phreex- agreed wholeheartedly. I would advise the original poster to do a Google search on blood alcohol levels. It astonishes me how much misinformation is contained in this thread.
I am only familiar with Florida law on the matter and checked with an attorney in my office. I believe the laws with respect to DUI vary substantially between states. In Florida, refusal of a breathalyzer test resigns you to an automatic six-month (not one year as was posted above)suspension of your license. There is something at the bottom of our licenses that says that the operation of a motor vehicle constitutes consent to any sobriety test required by law. By getting behind the wheel of your car, you are giving implied consent to breathalyzer, blood and urine testing.
Further, as Phreex indicated, refusal of a sobriety test does indeed constitute a violation of probation and you can be arrested for that alone. In conjunction with your weed charge, if I may be perfectly frank, the judge would likely perceive you as a druggie and drunk and would not be lenient with respect to a violation of probation charge.
Please, do yourself and everyone on the road a favor and control your drinking. Especially this holiday season, the cops are everywhere and they know people are partying and thus are more likely to test drivers for sobriety.
 
Well there is a lot of half truths to the advice given.
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).
Bad Advice. If the cop makes good notes and the judge believes them to have made a good reasonable effort to follow the law and determine you are intoxicated, then the judge will side with the cop. Saying something never holds up well in court is overstatement.
First of all, if you are drinking a lot, and want to stay out of trouble, DONT DRIVE.
Second, unless your state has a law that allows for automatic suspension of your liscense upon refusal of a test, there is no AUTOMATIC suspension. You will have to be proven guilty of the DUI or you will not loose your liscense. I don't see how these laws are constitutional given the presumption of innocence until proven guilty. In Louisiana, your liscense is suspended LONGER if you are convicted if you didn't submit to the test vs. if you take the test.
If you have reason to question whether or not you should be driving, don't. Call a cab or have a friend drive you home.
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Originally posted by SillyAlien:
Suggestion 2: Refusal of a breathalyzer is an automatic double charge of DUI ...
You do not automatically get a DUI charge for refusing a sobriety test. They may revoke your license, but that is a different process.
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^^^ Sorry, Canada here. Suspicion seems enough here, as in smell of alcohol on breath and such. May be different in the U.S. though. That's just the charge, doesn't mean it would necessarily stick. Bottom line I was trying to make is not to refuse. Results can be fought, refusal can't (not in my experience).
Cheers
[ 20 December 2002: Message edited by: SillyAlien ]
 
Phreex- those test strips for your tongue are not accurate at all. Iread a report on them- they testalcohol from you tongue, while a breathalyzer tests alcohol from inside (excreted from kidneys?) which is an accurate test for a longer period of time. The tongue strips would say your sober earlier if you drink something afterwards (water etc.) and cleanse the mouth.
 
Many, hell I'll even say MOST, states have "implied consent laws" where by simply driving a vehicle you consent to a breath or blood test upon reasonble suspicion and probable cause by a police officer. The penalty for refusing is usually license suspension and/or revocation.
The fact that you refuse is also admissable as evidence against you. ( I Know there is a hearsay and Fifth amendment issue there all you law students, but it never works).
 
A simple rule of thumb on how much you can drink. Its from a table the DMV sends out with drivers license renewals.
You burn off one drink per hour. If you have two drinks in your blood that you have not burned off, you are over the limit.
You can thus drink 2 drinks in one hour, 3 in two, and so on and be safe. If you drink more than that, you should switch to non-alky drinks and wait until you burn off the excess.
Unless you order a double, you can generally assume that beer, wine, mixed, or shots all have the same amount of alcohol in them.
 
I completely agree with Phreex. If you are on probation and refuse a breath test you are gonna be screwed.
 
Originally posted by Partykid12:
Isn't drinking a 40oz equal to drinking 5 beers?
if it's a 40oz of beer, it's the equivalent of drinking 5 8oz beers...
alasdair
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