question for the Five-O's or anyone who knows.....

[Bigen12]

That is very possible, who knows from one judge to another, or one jury to another. It just seems to me that it wouldn't be wise to provide further evidence of your guilt.

[w_rballs]

They can take you in for almost no reason at all. If they suspect drinking and driving they can take you in even without proof. My brother is a cop. Your best chance to get out of a DUI is refuse the breathalizer and hope for the best. When they take you in there is a good chance that its going to be a while before they perform a BAC test. Ive had several friends avoid DUIs simply by refusing to blow. But as far as speeding goes, like you said you may not have to put your window down, but that will guarantee a ticket because then the officer will have to write down your info to run through his computer. He may have been willing to just give you a warning otherwise. And as far as #2 idea, you can be arrested for failing to cooperate with an officer, so if he asks you to get out and you dont then there you go.

actually bro if im not misdtaken, its only not cooperating with them if they make a demant of u. if they ask would u like to step out of your car u dont have to. but most of them time then they will just tell ya to get out of the f-ing car. lol

[tryingtogetbig]

what is really fuked up is that a DWI nowadays...even though the charge is just DWI...no wreck, not speeding, you got it on your own time, etc.....the charge will haunt you for 10 years......can keep you from getting a job....get you fired from a job....cancel your insurance......just for drinking a few beers and exceeding BAC of .08, which is a really low number to begin with. Pretty soon, just having a drink period and driving will get you thrown in jail.

DAMM (Drunks Against Mad Mothers)

peace,

ttgb

[biglouie250]

Take A Cab You Cheap Fvck Lol

[tryingtogetbig]

Take A Cab You Cheap Fvck Lol

Great Idea.....ever leave your vehicle in a club parking lot before?? Not so good.

[biglouie250]

AHH YEA NEVER DO THAT! I take the train to the city for clubs so i take my car out of the picture.....i just leave it at the train station hahaha

[Pale Horse]

The only club I've been to in six years is Club Home, I'm a pus*y now but I am sane.

[Commando_Barbi]

Exactly same here. Big difference between Intox and influence.

no the 2 terms are totally different depending on the state you are in. In NY for example you blow a .04 that is DUI. You blow a .08 its a DWI. And accordingly each has different possible penalties.


As for that card refusing to take field sobriety tests, it wont work dont try it youll be arrested on the spot and charged with driving while intoxicated. Driving is not a right it is a privelage, and when your in court understand that a cops word is the story that happened, period.

[Pale Horse]

The best thing to do is take your lumps when they come. Unless you have a ton of money for a jury trial or even a few grand for an atty to plea it down, it's gonna look a lot better to the juge if you cooperated IMO. Don't do the crime if you can't do the time.

[Commando_Barbi]

In my state...most the time they will plead it down to wreckless, make you get a alcohol dependence test, attend a victim impact panel and stay out of trouble for a year and it goes away.

Pisses me OFF!!!!

[Pale Horse]

Something else I'd like to add is the cop can make you or break you in court in most cases. What they have to say about your cooperation & character to the prosecutor will play a big role in your sentencing IMO.

[Commando_Barbi]

Very true. Your attitude plays a big role in how the report is written and the officer's testimony.

[brian11]

not a cop. if you refuse a field sobriety test the judge will more likely than not take away your license even on your first offense for wasitng his time. Happened to a buddy of mine.

I dont know where you are from bro, but everything i have said holds true in NC. No difference btween DUI and DWI. If you dont blow a .08, then you get to hit the road. And not taking a field sobriety test will not guarentee a DUI, but taking one and failing will. Like i said, my brother is a cop and i have the utmost respect for them. But if i get pulled and i know i will blow over a .08, then im going to refuse to take it. I realize its a privelage to drive, but so is living and people still take that for granted. No one is perfect, the point of the thread was to enlighten someone about the laws and their options. Good day.

[brian11]

In my state...most the time they will plead it down to wreckless, make you get a alcohol dependence test, attend a victim impact panel and stay out of trouble for a year and it goes away.

Pisses me OFF!!!!

The cops on my brothers force are so fed up with people getting off. Its gotten to the point where half the time they wont even show up for their court date because the judge lets everyone off.

[TheDfromGC]

the easiest thing to do if u get stopped for DUI, and are drunk, turn offf the car, get out, and then start chuggin that makes it public drunk, and maybe open container, which is still a lesser crime than DUI and the fines are a hell of a lot lower...

if im not mistaken if u step out of ur car after a cop pulls u over before he comes to talk to u, u will have a 357 aimed at ur head....

[brian11]

if im not mistaken if u step out of ur car after a cop pulls u over before he comes to talk to u, u will have a 357 aimed at ur head....

LOL, good point. Whats funny is that when i did a ride along with my brother he pulled someone over. He was running the tags and i said "i think hes getting out" bc the guy stuck his head out of the window. My brother said the exact same thing that you just wrote, "he better not or hes gonna have a 45 in his face" haha

At least i think its a 45, i cant remember what they carry.

[decadbal]

if im not mistaken if u step out of ur car after a cop pulls u over before he comes to talk to u, u will have a 357 aimed at ur head....

never met a cop who carried that big of a popper... i used a 45, which was huge to most bros... and whenever i get stopped i get out showing my hands, u dont have to stay in the car, you have as many rights outside as inside and i want him to know i am not to be pushed around, i know my rights and if im wrong i deal with em if not then he will listen to me bc he has to...

[TheDfromGC]

yea im not clear on all that but cops tend to get excited when u get out of the car before they have a chance to check things out....

[Doc M]

Okay..Attempt number two..And I am stating facts only about the 2 states I have lived in..

1.) When you are pulled over for suspected DUI, you have to provide identification to the officer..

2.) If he asks you to step out of your vehicle, failure to comply with that request is considered non-compliance and will only escalate things in what they call the force continuum..Verbal non-compliance I believe is the term..Once you get to that stage, things are going to escalate..

Once they do get you out of the vehicle, although you DO NOT have to take any field sobriety tests, it is all documented in the officer's field notes and goes in the case report that will eventually be sitting in front of the judge..You DO NOT have to take what they call a PBT(portable breath test), which is a field version of the state certified "Intoxilyzer" that will give the final reading at the jail..Failure to comply with all of these requestsresults in the officer reading the "Implied Consent Law"..Once you are read that, they place you into custody and transport you to the jail..

Once at the jail, a certified breath test operator reads off a series of statements and asks you if you will submit to a breath test..You can either say yes or no..No results in immediate arrest AND forfeiture of your license for one year..This is automatic upon refusal..If you take and fail the test, obviously you are incarcerated as well..Even if you do take and pass the test, depending on what the officer can articulate, you can still be arrestedfor driving under the influence..This is put into place because many people combine drugs and alcohol..

Best bet is to take your chances and take the test..At least you have a chance..If you refuse, you are screwed right off the bat..All the tricks you hear that will be the test are a crock..The machine just gives an "Invalid Sample" and the test is cancelled..

If you look at a Probable Cause Affadavit there are a ton of factors that determine if you are incarcerated..All of the things at the scene, cooperation, behavior, actions, field sobriety tests, etc..The more of a pain in the ass you are, the worse off you are going to be in the end..

ANd from a medical standpoint I want to add in one more thing that MANY people have incorrect information on..

When an officer detects the odor of an alcoholic beverage on you, it is VERY rarely what he is detecting off of your breath..Mouth wash, gum, cigarettes, etc..do nothing as far as that's concerned..The odor is from the metabolizing of the alcohol and it being excreted through your pores..As you metabolize the alcohol, it is purged through your pores into the air..

Doc M

[Commando_Barbi]

if im not mistaken if u step out of ur car after a cop pulls u over before he comes to talk to u, u will have a 357 aimed at ur head....

I carry a 9 right now

[Commando_Barbi]

Very well stated Doc.

By law, backed up by the Supreme Court recently, you must produce ID when an officer is investigating a crime. Also if you are operating a motor vehicle, you must be able to produce a drivers license.

You said pretty much what I was saying.....just a bit more eloquently .

C.B.

Okay..Attempt number two..And I am stating facts only about the 2 states I have lived in..

1.) When you are pulled over for suspected DUI, you have to provide identification to the officer..

2.) If he asks you to step out of your vehicle, failure to comply with that request is considered non-compliance and will only escalate things in what they call the force continuum..Verbal non-compliance I believe is the term..Once you get to that stage, things are going to escalate..

Once they do get you out of the vehicle, although you DO NOT have to take any field sobriety tests, it is all documented in the officer's field notes and goes in the case report that will eventually be sitting in front of the judge..You DO NOT have to take what they call a PBT(portable breath test), which is a field version of the state certified "Intoxilyzer" that will give the final reading at the jail..Failure to comply with all of these requestsresults in the officer reading the "Implied Consent Law"..Once you are read that, they place you into custody and transport you to the jail..

Once at the jail, a certified breath test operator reads off a series of statements and asks you if you will submit to a breath test..You can either say yes or no..No results in immediate arrest AND forfeiture of your license for one year..This is automatic upon refusal..If you take and fail the test, obviously you are incarcerated as well..Even if you do take and pass the test, depending on what the officer can articulate, you can still be arrestedfor driving under the influence..This is put into place because many people combine drugs and alcohol..

Best bet is to take your chances and take the test..At least you have a chance..If you refuse, you are screwed right off the bat..All the tricks you hear that will be the test are a crock..The machine just gives an "Invalid Sample" and the test is cancelled..

If you look at a Probable Cause Affadavit there are a ton of factors that determine if you are incarcerated..All of the things at the scene, cooperation, behavior, actions, field sobriety tests, etc..The more of a pain in the ass you are, the worse off you are going to be in the end..

ANd from a medical standpoint I want to add in one more thing that MANY people have incorrect information on..

When an officer detects the odor of an alcoholic beverage on you, it is VERY rarely what he is detecting off of your breath..Mouth wash, gum, cigarettes, etc..do nothing as far as that's concerned..The odor is from the metabolizing of the alcohol and it being excreted through your pores..As you metabolize the alcohol, it is purged through your pores into the air..

Doc M

[Jantzen4k]

thanks Doc M

[Gearhead007]

sssssssssssssssssssssssssssss

[Kato]

JUST ADDING THIS IN FOR FUN!




http://www.flexyourrights.org/

[Commando_Barbi]

The cops on my brothers force are so fed up with people getting off. Its gotten to the point where half the time they wont even show up for their court date because the judge lets everyone off.

That's unfortunate...I haven't seen that here....but Im new to the game