brenda1231
(Journeyman)
03/15/04 10:09 PM
Re: Legal advise don't take their test(s)

Quote:

A little late for this now, but still good advice in the USA.

If stopped for any DUI/DWI offense NEVER blow, give blood or urine. Just sit there. You will loose your driving privileges for a short time - but a competent attorney can straighten the mess out to a reckless operation deal typically with ease. The police can't force you to take any test for a minor traffic stop. You have rights as well - The consequences of denial to take any test to "clear yourself" are ALWAYS much less than taking the test and giving them proof you were impaired.




This is what I thought too.
However, in 2002 I was stopped and refused a breathalyzer. I had 2 drinks, the last one only 10 minutes before being stopped and at that time I was not sure of the implications, with the drink being so close to the pull. I was basically afraid the short period of time since the drink would cause me to blow high.
I had been driving for over 8 hours with a 13 month old, and was searching for a campground that myself, my 13 month old and 16 YO woulb be staying at. Stopped at a rest area, and had a banana shnaps from the cooler (yummy...but low alcohol content) and found the campsite on the map.
Back on the highway I ws pulled about 5 miles from the rest area.
I passed all the roadside tests and was arrested for DUI anyway.
I had what I was told was a wonderful lawyer, and found out that in NC refusng the test was considered an admission of guilt. Basically if I fought and requested a jury hearing, with the kids in the car I was in deep crapola.
It was a big mess. DUI's are much more severe than I think the original psoter is assuming. Even under the influence of narcostics.
Your insurance is going to go sky high as well.
For me, the whole ordeal cost me, a DSS visit, drug and alcohol education ( paid for out of my pocket at about $2500 and 3hours a night, 3 nights a week for 3 months) $2500, in lawyer fees, the court fees and fines, suspended liscense fro a year, and of course outrageous insurance rates and worst of all, custody of my 16 YO.
It CAN be a big deal.



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