Refusal to consent to a breathalyzer in some states will get your license automatically revoked for a year, so it's probably a wise idea to research things your "friends" tell you.
Illinois just passed a law like this. Automatic arrest and suspension for 12 months. They're also now installing the breathalizer carjack things for your first offense.
Refusal to consent to a breathalyzer in some states will get your license automatically revoked for a year, so it's probably a wise idea to research things your "friends" tell you.
Thanks, if you go back a page I already talked about that.
Post by jamesonontherocks on Jun 4, 2012 10:25:23 GMT -5
...wow, I can't believe this post is still going!
I'll jump in with my experience and two cents. I was one of those absolutely stupid young adults who did this. I got pulled over once - I had gone right out from work, didn't eat dinner. I was a sopping 105 lbs wet but heavy drinker at that time so had a decent tolerance. Anyway,l went right out from work, eating a power bar on my way to the bar. I was there and had 2 drinks - 7&7. Not incredibly strong, no larger than your standard because I was driving (not that it matters, but had 3 Marines to drive home to the barrocks and my boyfriend who was coming to my place). After I dropped the Marines off, I was driving down the street (around 3 am, nearly 8 hours after I got out of work) and the BF told me he was married. We got in a heated discussion and I didn't turn my brights off when a car approached. It happened to be a cop. I got pulled over, breathalized (.04), and did a field sobriety test (passed with flying colors per officer). He asked why I was distracted and I told him flat out. He sent me on my way. I was lucky I didn't get a DWAI that night.
Needless to say, drinks affect (effect?) everyone differently. I'm lucky my boyfriend was a jackass and I didn't land my ass in jail because of him. Since that night a decade ago, I will only drink one drink if I'm out and driving and it will not be a mixed drink - maybe a beer or wine where the serving is standard. And I always, always eat something (plus the gained weight helps too).
Refusal to consent to a breathalyzer in some states will get your license automatically revoked for a year, so it's probably a wise idea to research things your "friends" tell you.
Illinois just passed a law like this. Automatic arrest and suspension for 12 months. They're also now installing the breathalizer carjack things for your first offense.
Stupid question, what if you really haven't drank anything but still refuse for some reason. Do you still get your license suspended just for refusing? Idk why someone would do that if they are sober but just wondering.
Well I think I've made my thoughts and feelings very clear on it throughout the thread. If someone can't care to read past what they want to read, I don't give a fuck. If you want to continue and call me out on something that I've already clarified numerous times, knock yourself out. I'm not going to go back and edit my previous post, and frankly I'm fucking done defending what I've said. But please, continue to recite laws and punishments to me that I've already brought up myself.
Illinois just passed a law like this. Automatic arrest and suspension for 12 months. They're also now installing the breathalizer carjack things for your first offense.
Stupid question, what if you really haven't drank anything but still refuse for some reason. Do you still get your license suspended just for refusing? Idk why someone would do that if they are sober but just wondering.
I don't think so. If someone has a legit reason to refuse the breathalizer then I'm pretty sure they'd drop the charges because there's nothing to stand on. But the chances of that are pretty slim which is why I'm guessing they made it an automatic arrest.
You have to have an arrest and search warrant to (involuntarily) get blood from someone. So in order to do the blood draw because someone refused they have to be under arrest and the officer would have gotten a search warrant. At least in IL that is how it works.
Post by verycontrary247 on Jun 4, 2012 10:30:16 GMT -5
The problem is not the misinterpretation, the problem is the people who continue to make their own assumptions regarding the meaning after her explanation.
Stupid question, what if you really haven't drank anything but still refuse for some reason. Do you still get your license suspended just for refusing? Idk why someone would do that if they are sober but just wondering.
I don't think so. If someone has a legit reason to refuse the breathalizer then I'm pretty sure they'd drop the charges because there's nothing to stand on. But the chances of that are pretty slim which is why I'm guessing they made it an automatic arrest.
You have to have an arrest and search warrant to (involuntarily) get blood from someone. So in order to do the blood draw because someone refused they have to be under arrest and the officer would have gotten a search warrant. At least in IL that is how it works.
Does that help a bit?
In NY they say you give implied consent to alcohol and drug tests when operating a moving vehicle. So I don't think they need a search warrant for it, but I do think you need to be under arrest and in custody for them to do the blood test.
Refusal to consent to a breathalyzer in some states will get your license automatically revoked for a year, so it's probably a wise idea to research things your "friends" tell you.
Yes, and I had many clients refuse. Why? Because they were way over the legal limit so the suspension for a year was a better consequence then what they could have gotten if they had done the BAC. I explained the NYS consequences in my last post for refusing. Not sure about SC though.
I don't think so. If someone has a legit reason to refuse the breathalizer then I'm pretty sure they'd drop the charges because there's nothing to stand on. But the chances of that are pretty slim which is why I'm guessing they made it an automatic arrest.
You have to have an arrest and search warrant to (involuntarily) get blood from someone. So in order to do the blood draw because someone refused they have to be under arrest and the officer would have gotten a search warrant. At least in IL that is how it works.
Does that help a bit?
In NY they say you give implied consent to alcohol and drug tests when operating a moving vehicle. So I don't think they need a search warrant for it, but I do think you need to be under arrest and in custody for them to do the blood test.
It's the same in Illinois. It's because of the invasive procedure that they need a search warrant. A search warrant can be obtained without an arrest but it's a super huge PITA and you need a ton of evidence supporting your case.
In NY they say you give implied consent to alcohol and drug tests when operating a moving vehicle. So I don't think they need a search warrant for it, but I do think you need to be under arrest and in custody for them to do the blood test.
It's the same in Illinois. It's because of the invasive procedure that they need a search warrant. A search warrant can be obtained without an arrest but it's a super huge PITA and you need a ton of evidence supporting your case.
Ah gotcha. I've never looked into it more, just knew that about the implied consent.
It's the same in Illinois. It's because of the invasive procedure that they need a search warrant. A search warrant can be obtained without an arrest but it's a super huge PITA and you need a ton of evidence supporting your case.
Ah gotcha. I've never looked into it more, just knew that about the implied consent.
I worked with a narcotics team for a while in IL so I know how they operate. It's the same as getting a DNA test, if it's involuntary then it has to be court ordered on a "search warrant."
It's the same in Illinois. It's because of the invasive procedure that they need a search warrant. A search warrant can be obtained without an arrest but it's a super huge PITA and you need a ton of evidence supporting your case.
Ah gotcha. I've never looked into it more, just knew that about the implied consent.
In NY you sign this consent when you sign for your license
I don't think the people against drinking even one drink and driving are the only ones who need to chill out. As it's been pointed out, there are differing opinions on the topic. I know its corny but put yourself in the shoes of the other person and ask yourself if you'd feel the same way as you do now if put in their situation.
I'm not even going to lie about it, I'm in my late 20s and I've driven after two drinks. Sometimes I feel like I'm even more alert than otherwise after a tequila sunrise. I wouldn't risk it if I felt like I was remotely intoxicated. I'd wait it out until I sobered up if I thought I was buzzed.
Even as a DD I've had a drink. I don't think anyone should be driving around if they're drunk, obviously, but everyone has a different tolerance level.
wrt the bolded statement- this is the shit 16 year olds say... just because you think something, doesn't mean its true. By definition alcohol is in the depressant category of mind-altering substances, meaning that it depresses your system, and makes reaction times/cognition slower. So regardless of what you feel, you are not actually more alert if you have had something to drink.
(ftr, not trying to pick on you specifically but lots of people say this, and its just not true, I wanted to point that out to anyone reading... the science just proves it to be wrong)
It's okay. I don't think you were picking on me. I get what you're saying and I do know that alcohol is a "depressant" by technical terms but for whatever reason, my body reacts differently based on what type of liquor I consume (vodka, whiskey, tequila). It's just something I've grown to realize over time.
Tequila peps me up and then after XX amount of time (eta: and more drinks) I'm completely reckless (like all alcohol will do to you eventually).
This whole drinking and driving thing isn't something I'm doing frequently but there have been a couple of times where I've had a drink at a concert and driven myself home afterward.
**edited for clarity. Never been reckless after two drinks in my life lol
Post by margotmacomber on Jun 4, 2012 13:34:35 GMT -5
Team Mary here.
I knew you all were a super uptight bunch, but this...wow.
I'm pretty sure there's only maybe 3 people on here that I would even consider hanging out with in real life. Don't bother responding to me, I think this is my GBCMF. Adios! :beer:
I knew you all were a super uptight bunch, but this...wow.
I'm pretty sure there's only maybe 3 people on here that I would even consider hanging out with in real life. Don't bother responding to me, I think this is my GBCMF. Adios!
I guess I'm trying to see where I am percieved to be falling in this debate. I mean I am not a staunch never drink one drop ever if you're driving- but it is absolutely true that many people can't actually tell what their limit is, and over-estimate their "tolerance." People have a lot of false beliefs about drinking.
The people who are staunch against it are pretty much that way because of something that has happened to them or their family in their lives. I certainly can't blame someone for wanting a zero tolerance about that sort of thing if they've dealt with it in their lives... Nobody in the thread even said anything remotely about not drinking at all ever, just be smart about it. I really dont see whats wrong with that.
I also don't get that this is an issue to GBCMF over. Are you real with that? Because people don't want people to drive under the influence? And they're a killjoy or something because of that? ... ok. I feel like posting this issue on ML and see where they fall. I would bet big money many of the responses would be similar to here, but their board is bigger so there would be more variability. Maybe MM would be more on the conservative side than ML would be my guess.
Btw I'm not sure if my last post about the "lynch party" made any sense or was used in the right context, but I don't care because I thought it made me sound awesome.
Post by basilosaurus on Jun 4, 2012 16:26:37 GMT -5
My criticism of this whole black and white, cops don't care your excuse, if you're over you're over business is that it ignores that your body can and does clear alcohol with time.
Let's take my 2 drinks. I went to dinner with friends the other night. Got there about 6:15 and nursed a beer (in a bottle, not a pint). Had another around 8. Left after 930. At that point, not only am I not likely over the legal limit, I'm probably nowhere even close to it. That's over 3 hours to clear 2 drinks. So, no, not only do I not consider that reckless, the law doesn't, either. bloodalcoholcalculator.org/ Try that. I would have come in at "not impaired." Sure, it's not scientific, and there are other factors affecting bac, but it's a pretty decent guess.
I do agree with people saying you should never drive based on how you feel. Alcohol is notorious for clouding judgment on that. That's why I stick with a limit based on number of drinks and how long it's been.