Platinum Contributing Member Highmark Posted March 19, 2019 Platinum Contributing Member Share Posted March 19, 2019 (edited) 6 minutes ago, f7ben said: You may be correct on the blood draw but I know it automatic charge of refusal , a one year revocation and it's a gross misdemeanor for refusal. It's worse than a dui by a long shot Oh I agree because generally you lose chance at deferred judgement. In Iowa a DUI will be completely removed from your record if you fulfill the courts sentence. Usually includes community service, alcohol abuse treatment and what not but its gone. Of course lawyers love to fight things so I'm sure that plays into this advice of a very specific situation. He said you must be positive there is no evidence of poor driving or reason to pull you over. The old license plate light is a good example of poor evidence they can sometimes fight. Without evidence or an accident he said often prosecutors don't want to waste the time and just plea down. Without question it has its risks. Edited March 19, 2019 by Highmark Quote Link to comment Share on other sites More sharing options...
Anler Posted March 19, 2019 Share Posted March 19, 2019 This is what cops do. Big surprise. Quote Link to comment Share on other sites More sharing options...
f7ben Posted March 19, 2019 Share Posted March 19, 2019 5 minutes ago, Highmark said: Oh I agree because generally you lose chance at deferred judgement. In Iowa a DUI will be completely removed from your record if you fulfill the courts sentence. Usually includes community service, alcohol abuse treatment and what not but its gone. Of course lawyers love to fight things so I'm sure that plays into this advice of a very specific situation. He said you must be positive there is no evidence of poor driving or reason to pull you over. The old license plate light is a good example of poor evidence they can sometimes fight. Without evidence or an accident he said often prosecutors don't want to waste the time and just plea down. Without question it has its risks. In MN you are given a breathalyzer after arrest even if you refuse. It went to the supreme court. If you are suspected of DUI you can refuse a test at the roadside. You are then arrested , charged with refusal and when you get to the station they take a breathalyzer without need for warrant Quote Link to comment Share on other sites More sharing options...
Anler Posted March 19, 2019 Share Posted March 19, 2019 1 minute ago, f7ben said: In MN you are given a breathalyzer after arrest even if you refuse. It went to the supreme court. If you are suspected of DUI you can refuse a test at the roadside. You are then arrested , charged with refusal and when you get to the station they take a breathalyzer without need for warrant Just hide a turd in your mouth and when they give you the breathalyzer spit the turd in it!!!! 1 Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member steve from amherst Posted March 19, 2019 Platinum Contributing Member Share Posted March 19, 2019 Just now, Anler said: Just hide a turd in your mouth and when they give you the breathalyzer spit the turd in it!!!! MOmo just PM ya that advice? Quote Link to comment Share on other sites More sharing options...
f7ben Posted March 19, 2019 Share Posted March 19, 2019 Just now, Anler said: Just hide a turd in your mouth and when they give you the breathalyzer spit the turd in it!!!! I believe if you resist after arrest you are immediately taken to the hospital for blood draw. Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Highmark Posted March 19, 2019 Platinum Contributing Member Share Posted March 19, 2019 (edited) The web is filled with attorney's opinions but this one's reasoning is similar to my discussion with the two I spoke above about. Reality, stay under the legal limit. https://www.larryformanlaw.com/blog/why-you-should-always-refuse-the-breathalyzer-and-the-standardized-field-sobriety-tests This is where the police officer will request that you complete FSTs, and/or administer his Portable Breathalyzer Test (PBT). He has authority to give you the breath test per KRS 189A.103(3). You are to refuse both! I cannot emphasize this enough. As you can see, the Commonwealth has done everything in its power to scare you into taking a blood, breath, or urine tests. Nevertheless, despite these seemingly harsh consequences of refusal, it is still beneficial for you to refuse! It is harder to disprove a negative when the prosecution has the number that works against you, because people like to believe technology works properly. It is much easier to discredit a police officer on cross examination than to prove the a machine was faulty Edited March 19, 2019 by Highmark Quote Link to comment Share on other sites More sharing options...
Anler Posted March 19, 2019 Share Posted March 19, 2019 Just now, f7ben said: I believe if you resist after arrest you are immediately taken to the hospital for blood draw. Yeah that's totally constitutional! Put some shit in your blood too! Quote Link to comment Share on other sites More sharing options...
Anler Posted March 19, 2019 Share Posted March 19, 2019 1 minute ago, Highmark said: The web is filled with attorney's opinions but this one's reasoning is similar to my discussion with the two I spoke above about. Reality, stay under the legal limit. https://www.larryformanlaw.com/blog/why-you-should-always-refuse-the-breathalyzer-and-the-standardized-field-sobriety-tests This is where the police officer will request that you complete FSTs, and/or administer his Portable Breathalyzer Test (PBT). He has authority to give you the breath test per KRS 189A.103(3). You are to refuse both! I cannot emphasize this enough. As you can see, the Commonwealth has done everything in its power to scare you into taking a blood, breath, or urine tests. Nevertheless, despite these seemingly harsh consequences of refusal, it is still beneficial for you to refuse! It is harder to disprove a negative when the prosecution has the number that works against you, because people like to believe technology works properly. It is much easier to discredit a police officer on cross examination than to prove the a machine was faulty These laws are 100% driven by the defense lawyer lobby and police unions. I've read in some cities they banned services like Uber because it was cutting down on their dui arrests. Safety first! Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member steve from amherst Posted March 19, 2019 Platinum Contributing Member Share Posted March 19, 2019 Just now, Anler said: These laws are 100% driven by the defense lawyer lobby and police unions. I've read in some cities they banned services like Uber because it was cutting down on their dui arrests. Safety first! Well ya read wrong. They are banning uber because taxi medalions can cost huge denero. So to let an unregulated industry come in and compete directly with a regulated industry sucks for those who paid $200,000 for their medallion. Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member steve from amherst Posted March 19, 2019 Platinum Contributing Member Share Posted March 19, 2019 And no one is trying to ban air B&B either. Just to collect rooms and meals tax on them . Just as they do with hotels. Quote Link to comment Share on other sites More sharing options...
Anler Posted March 19, 2019 Share Posted March 19, 2019 3 minutes ago, steve from amherst said: Well ya read wrong. They are banning uber because taxi medalions can cost huge denero. So to let an unregulated industry come in and compete directly with a regulated industry sucks for those who paid $200,000 for their medallion. I'm sure they don't come out and say it but it has reduced dui arrests. Now they are working frantically to make a test for weed. https://www.washingtonpost.com/news/wonk/wp/2014/07/10/are-uber-and-lyft-responsible-for-reducing-duis/?utm_term=.34cdf89d071c 1 Quote Link to comment Share on other sites More sharing options...
Mileage Psycho Posted March 19, 2019 Share Posted March 19, 2019 2 hours ago, Highmark said: Its a great idea having one. An attorney once told me if at all in doubt don't do the FST or breathalyzer. Much easier to fight they had a legitimate reason to pull you over without failed FST or fail breathalyzer. Correct!! The breathalyzer is a great tool, I now have one in both vehicles. It's a great piece of mind knowing you are under the legal limit, and if you're over you can make the decision to get a ride. 2 hours ago, f7ben said: You never decline the roadside.....you are automatically charged with refusal at that point and they take you into custody for blood immediately. It's far worse than just getting a dui Any attorney worth his salt will tell you not to blow if you have any doubt of being over .08. Quote Link to comment Share on other sites More sharing options...
f7ben Posted March 19, 2019 Share Posted March 19, 2019 19 minutes ago, Mileage Psycho said: Correct!! The breathalyzer is a great tool, I now have one in both vehicles. It's a great piece of mind knowing you are under the legal limit, and if you're over you can make the decision to get a ride. Any attorney worth his salt will tell you not to blow if you have any doubt of being over .08. Because they want your 10k retainer to get started. You dont have to be a rocket scientist to understand why they advise you not to blow. 1 Quote Link to comment Share on other sites More sharing options...
f7ben Posted March 19, 2019 Share Posted March 19, 2019 It could be different in other states but in MN you refuse and you are fucked. They're getting breath or blood either way and you're getting a gross and a year suspension plus a DUI Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member steve from amherst Posted March 19, 2019 Platinum Contributing Member Share Posted March 19, 2019 Here they cant force a test but a refusal has the same penalty as a DWI Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Highmark Posted March 19, 2019 Platinum Contributing Member Share Posted March 19, 2019 23 minutes ago, steve from amherst said: Here they cant force a test but a refusal has the same penalty as a DWI Depends on the state. Some states its no longer criminal but just driving. I think that's where these attorney's are getting to. Quote Link to comment Share on other sites More sharing options...
Mileage Psycho Posted March 19, 2019 Share Posted March 19, 2019 23 minutes ago, f7ben said: Because they want your 10k retainer to get started. You dont have to be a rocket scientist to understand why they advise you not to blow. Dude, I know many who have had DUI's; the most recentis a friend got one here in Illinois fall of 2017, did not blow, kept his licence through the whole ordeal, had to go to drunk school, interlock etc. the whole deal cost him between $6-7K . My other buddy got one Labor Day 2017 in Wisconsin and did not blow and his ordeal was $5K and no interlock device, but he had a restricted license for 6 months. In any event, if you drink and drive I "highly" recommend a personal breathalyzer And if you're a doper like @Momorider always have Visine, it takes the red out Quote Link to comment Share on other sites More sharing options...
f7ben Posted March 19, 2019 Share Posted March 19, 2019 9 minutes ago, Mileage Psycho said: Dude, I know many who have had DUI's; the most recentis a friend got one here in Illinois fall of 2017, did not blow, kept his licence through the whole ordeal, had to go to drunk school, interlock etc. the whole deal cost him between $6-7K . My other buddy got one Labor Day 2017 in Wisconsin and did not blow and his ordeal was $5K and no interlock device, but he had a restricted license for 6 months. In any event, if you drink and drive I "highly" recommend a personal breathalyzer And if you're a doper like @Momorider always have Visine, it takes the red out Lol.....Its easier for me to count the people i know without duis than those with. You dont refuse in MN. Plain and simple Quote Link to comment Share on other sites More sharing options...
Dave Posted March 19, 2019 Share Posted March 19, 2019 3 minutes ago, f7ben said: Lol.....Its easier for me to count the people i know without duis than those with. You dont refuse in MN. Plain and simple From that link i posted it says its much easier process not to refuse. Quote Link to comment Share on other sites More sharing options...
Angry ginger Posted March 19, 2019 Share Posted March 19, 2019 4 minutes ago, f7ben said: Lol.....Its easier for me to count the people i know without duis than those with. You dont refuse in MN. Plain and simple SMH bunch of retards in MN it appears. Quote Link to comment Share on other sites More sharing options...
Anler Posted March 19, 2019 Share Posted March 19, 2019 22 minutes ago, f7ben said: Lol.....Its easier for me to count the people i know without duis than those with. You dont refuse in MN. Plain and simple Your first couple DUIs in Wisconsin arent even a big deal really. In Illinois or Indiana your life is going to change for the worse for at least the short term. Its all about the $$$ Quote Link to comment Share on other sites More sharing options...
Edmo Posted March 19, 2019 Share Posted March 19, 2019 11 minutes ago, Anler said: Your first couple DUIs in Wisconsin arent even a big deal really. In Illinois or Indiana your life is going to change for the worse for at least the short term. Its all about the $$$ A guy I know is “connected” to the right people. He’s had four and not a single one is on his record. I understand it takes about 25k to make it go away. If you think our system doesn’t favor the rich and connected you’re fooling yourself. Quote Link to comment Share on other sites More sharing options...
Anler Posted March 19, 2019 Share Posted March 19, 2019 17 minutes ago, Edmo said: A guy I know is “connected” to the right people. He’s had four and not a single one is on his record. I understand it takes about 25k to make it go away. If you think our system doesn’t favor the rich and connected you’re fooling yourself. If you have the money you can get out of it. One of my good friends got one a few years ago. He has a CDL so the limit is .04. He had 2 beers after work with some of his coworkers and got pulled over. Wasnt displaying any of the signs of being drunk. He didnt think he would fail cuz he only had 2 beers but he blew just over .04. Cost him $12k to keep his license. Had to drive around with that blow thing in his truck for 6 months. Oh and he had to cop a plea or go to trial. He was already in for $12k so he took the plea. Another friend of our had a glass of wine at lunch with her girl friends and got pulled over. Did the sobriety test and field breathalyzer. Took her to the station to do another breathalyzer. They didnt tell her that she already passed the field tests and they wanted her to do another breathalyzer. She asked why she had to do it again. They said are you refusing to take it? She again asked why she had to do it again. She got a dui for refusal to take a breathalyzer. If it was anyone else I could count on a certain level of bullshit but this girl is like the most righteous woman we know. There is no way she would drink and drive. I could go on and on with this stuff. Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member ViperGTS/Z1 Posted March 20, 2019 Platinum Contributing Member Share Posted March 20, 2019 12 hours ago, Mileage Psycho said: That cop is a fucking clown, a position with mall security is all he is fit for. BTW, I have one of these in the car, it's always good to know where your BAC is before you drive and while you are driving. I had a buddy get a DUI a year and a half ago and he thought he was legal but didn't blow, if i get stopped after having a beer and the cop wants me to blow, no problem and I will also be taping my own test, if the cop plays games or writes a bullshit DUI it will be see you in court asshole https://www.bactrack.com/products/bactrack-s80-pro-breathalyzer I have the same exact one. Have had it several years....works great but I think its overdue for a calibration. 10 hours ago, Mileage Psycho said: The idea is to know where you're at, I've gotten to the point where I can pretty accurately know my BAC before I blow, and the other thing is I won't be afraid to blow if I know I am under .08. Like I said my buddy really thought about what he drank over the time period and after the refusal to blow, he thought he should have blown.....could have saved him a lot of money and time Yup.....have taken so many readings over the years that I can accurately guess my readings beforehand within .01-.02 most times. So it really has helped me guage what my level is even if I dont have the device on me. I never fear a DWI or a field sobriety test...... I just have to worry about the possibility of getting busted with a Roadie from time to time. Quote Link to comment Share on other sites More sharing options...
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