lilstraw
Member
Reged: 03/01/03
Posts: 127
Loc: california
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Think about this most of those drunk driving test are judgement calls. I have been pulled over twice and failed these tests. Once I got to the police station they gave me breathalyzer and I was under the limit.Once they let me go
ar 2:00 in the morning in downtown L.A.(I could have been killed in that neiborhood took 1 hour to get a ride to my car). The other time I blew low they kept me in jail all night so I went to court appointed day and they dropped charges. (luckly I didnt get a lawyer like everyone suggested or it would have cost me a thousand dollars)I guess I just look drunk all the time. LOL
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mello
Old Hand
Reged: 11/02/02
Posts: 478
Loc: USA
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Yeah, I should have mentioned that one. As I said, they had some sort of training going on and MY LUCK they were hanging around my apt. There was construction on the road that leads to my apt...one lane to turn off of the highway onto my apt road...and my apt. is right off of the highway (if that makes any sense). Anyway, one officer stated they followed me for over a mile(which in Okla is suppose to be illegal - or at least it was at the time) , assumingly since I was leaving a bar, and I did not swurve, no speeding, etc (officer was recorded on tape saying this and ADMITTING to following me for so long - others had completely different stories...none matching btw)...BUT when I got to the construction, I turned very widely and they considered that an "unnecessary swurve". So that's why they pulled me over. Totally rediculous. My attorny took pictures of the road and showed that there was only one lane with TONS (seemed like excessive, but I guess they were necessary) of those cones everywhere. I don't have the greatest night vision, but not bad enough that I need glasses to legally drive. SO, in a situation like that...and there were no cars around (other than the officers behind me)...I try to be very careful and just turned to "widely" according too them. Anyway, it was totally bogus and thank goodness my attorney did my case pro-bono or I would have lost more than my towing fee.
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moonshade
Old Hand
Reged: 12/01/02
Posts: 458
Loc: searching for my lost shaker o...
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One thing for sure, I think we can agree on, is thank goodness they have the breathalyzer tests.
That seems to be an accurate analysis of sobriety, yes?
I would like to point out though, after reading that link of Billy's, (if any of you have read that DUI defense attorney's site, it tells you that you have the right to NOT take a breathalyzer test)That's a Massachusetts site.
Maybe their law is different. However, MANY states have the power/legislation to automatically suspend your license if you refuse to take the breathalyzer test !!! 
So, if you're not drunk, take that breathalyzer test. Prove your innocence !! 
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*** insert profound statement here ***
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Trampy
Pooh-Bah
Reged: 04/02/02
Posts: 1241
Loc: Southwest U.S.
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Quote:
I would like to point out though, ... that you have the right to NOT take a breathalyzer test)That's a Massachusetts site. Maybe their law is different. However, MANY states have the power/legislation to automatically suspend your license if you refuse to take the breathalyzer test !!!
Umm. There are now a few states that passed laws allowing police to (temporarily) seize the vehicle driven by anyone who refuses a breathalyzer test. And almost all states will automatically suspend the driver's license pending a hearing. Massacussetts law may be one thing ... but before you refuse a sobriety test, double-check your local laws, because DUI/DWI laws are changing rapidly and getting tougher all over.
You could be getting into serious trouble by refusing it. You *might* have the right to demand a blood alcohol test taken at a police "BATmobile" or hospital instead of the breathalyzer in the patrol car because the blood test is much more accurate, and that could introduce an hour's delay, and they base the charge on what level is measured at the time of the test. This may not be the case everywhere, though. And if they do the blood test they will also test for other substances that could impair ability to drive ... so be aware of that ... and they are under no obligation to tell you exactly what they're testing for once you agree to it. Anything they find can be used against you because the blood sample is presumed to have been given voluntarily.
So how can they intrude on us this way? It's because driving is a privilege, not a right. There's no constitutionl "right to drive." States can revoke someone's driver's license as long as they have a rational basis for their actions and procedures, and they're applied consistent with constitutional Equal Protection and Due Process.
Trampy
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Your mileage may vary ...
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moonshade
Old Hand
Reged: 12/01/02
Posts: 458
Loc: searching for my lost shaker o...
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That's what I said. Not sure if you understood my post? You mis-quoted me.
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*** insert profound statement here ***
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LumbarSpasm
Silent Chaos
Reged: 05/07/02
Posts: 1538
Loc: USA
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In my state I believe it is an admission of guilt to refuse a breath test. Your license is immediately suspended and taken from you. And yes, it is because driving is considered a priviledge.
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LumbarSpasm
Or just a pain in the butt?!
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