If not "Two Beers, Officer", then what?

[Warik]

Inspired by the numerous potential DUI related threads that have come about in the past weeks...

So we now know that "Two Beers" is a no-no because the cops assume that 1) no one would ever tell the truth about how much alcohol they had, and 2) no one would ever only have two beers and drive erratically enough for them to be pulled over.

So, we can either say "Two Beers" and then be forced to take a field sobriety test, which even a sober person is > 50% likely to fail, or we can say............. what?

Can you completely LIE and say "I haven't had a drop of alcohol?" Can you refuse to answer that question without getting yourself subjected to a test anyway?

Or how about the all-encompassing: "I am 100% confident that I have not consumed sufficient alcohol in the past 24 hours to impair my driving ability, sir."

[IggyWH]

Having been there (and being told by a cop relative to be honest), I think the best route is to lie completely and say you haven't had a drink. You can even add in some that you were DD and already dropped people off at home and were headed home yourself if asked where you are coming from. This could easily explain to the cop the reason he might smell "bar" on you.

[Warik]

[ QUOTE ]
Having been there (and being told by a cop relative to be honest), I think the best route is to lie completely and say you haven't had a drink.

[/ QUOTE ]

Can't he force you to take a sobriety test (which you'd fail even if you were totally sober) and then force you to take a breath test? If you then test to be > 0.00, couldn't the fact that you lied earlier be used against you?

Someone else told me that you could demand to get a blood test instead of a breath test, which would stall for some time for your BAC to go down. Another guy said you should demand to have your lawyer present for the breath test but I'm pretty sure you'll come up empty.

Last time I played golf I played with a lawyer and talked to him about this. His recommendation is to say that you need to talk to your attorney if he has any questions. This requires the police to shut off there video camera so the police will have basically zero evidence on you. I don't know if this is for all states or just Texas. But if you do this you probably will end of having to go to court and spend a couple grand.

If I was drinking but wasn't drunk I would just lie and say I hadn't had anything to drink and take a chance that they wouldn't give me a sobriety test. If they chose to test me I may or may not take it. Then if I got arrested I would refuse the breathalizer and all further testing from that point.

[Warik]

[ QUOTE ]
if I got arrested I would refuse the breathalizer and all further testing from that point.

[/ QUOTE ]

You realize that's an automatic 1 year suspension of your license, don't you?

[IggyWH]

[ QUOTE ]
Can't he force you to take a sobriety test (which you'd fail even if you were totally sober) and then force you to take a breath test? If you then test to be > 0.00, couldn't the fact that you lied earlier be used against you?

Someone else told me that you could demand to get a blood test instead of a breath test, which would stall for some time for your BAC to go down. Another guy said you should demand to have your lawyer present for the breath test but I'm pretty sure you'll come up empty.

[/ QUOTE ]

Apparently you missed my field sobriety trip report from last week. While they can't force you to take a field sobriety test, if you refuse, you're pretty much screwing yourself. I can't see why this wouldn't give you a reason to give you a Breathilizer or if they don't have one on them, take you in for blood work. You deny that, it's the same to them as you being legally drunk and you will be arrested.

I think the best bet is to just do the field sobriety test and pray you pass it. If you fail and believe you're not drunk, try to work out something willingly. Ask them to present a Breathilizer right there. If they have to take you somewhere, try your best to have them not tow your car (just because you might prove to be sober doesn't mean you won't have to pay to get your car back).

I was a little of a dick when it happened to me because I knew I was sober and they pulled me over for some BS that I didn't do. You just need to always remember to be slap-happy nice with cops. Agreeing to what they want seems to me the best way to do things.

[Shoe]

[ QUOTE ]
This could easily explain to the cop the reason he might smell "bar" on you.


[/ QUOTE ]

But how would you explain the alcohol on your breathe?

[Warik]

[ QUOTE ]
Apparently you missed my field sobriety trip report from last week. While they can't force you to take a field sobriety test, if you refuse, you're pretty much screwing yourself.

[/ QUOTE ]

I didn't miss the thread... I'm using "force" in the context of "if I don't do it, I'm automatically screwed." I sense this thread is going off on a small tangent...

What I'm trying to get at is this: The officer is not going to ask for a sobriety test unless he has reason to believe you might be under the influence. I've been pulled over 3 times and never asked to take a test (because I wasn't under the influence those 3 times)... however, if the cop asks if you've had anything to drink, if you say "two beers!," he has reason to give you a test.

But, if you say "no, I've had nothing" and he has you take a test anyway, could the fact that you said you had nothing be used against you?

[ QUOTE ]
I was a little of a dick when it happened to me

[/ QUOTE ]

heheh yeah you were /images/graemlins/smile.gif

[BigBaitsim (milo)]

How about you just don't drink and drive, [censored].

[Warik]

[ QUOTE ]
But how would you explain the alcohol on your breathe?

[/ QUOTE ]

Your g/f had 10 beers and then made out with you.

[MasterShakes]

It always helps to not drive like a jackass in the first place. Cops might be dicks, but there is almost always some visible reason why you are being pulled over. If you have had "a couple beers," just focus on driving straight and within 5 mph of the speed limit. Make sure all your car's equipment is in order (broken tail lights, headlight out, etc. gives them an excuse to pull you over).

If they do pull you over, just lie and say you haven't had anything to drink. Try really hard not to slur your speach when you say it. "A couple beers" or ANYTHING along those lines is most certainly the wrong answer.

I've never had to deal with the field sobriety tests or the breathalizer, because I don't drive like a jackass, even when I've had a few in me.

[astroglide]

[ QUOTE ]
How about you just don't drink and drive, [censored].

[/ QUOTE ]

http://www.gc.maricopa.edu/recognition/images/applause.gif

[Warik]

[ QUOTE ]
How about you just don't drink and drive, [censored].

[/ QUOTE ]

How about "it's possible to drink socially without impairing your driving ability," "[censored]?"

Milo, have you ever had an alcoholic beverage? Were you automatically smashed after drinking one?

How about two?

If you know your limit, and you are below it, why should you have to jump through legal hoops just to get home at 2 in the morning when there are barely any cars out without having your license suspended?

No need to insult me. Yeah, I've driven with more than 1 beer in me, but I drive better at 0.07999999 BAC than most South Floridians drive at 0.00. If you've ever driven here, you'll know that this applies to most people.

[MasterShakes]

[ QUOTE ]
How about you just don't drink and drive, [censored].

[/ QUOTE ]

I should have said this too. Bravo.

[IggyWH]

[ QUOTE ]
could the fact that you said you had nothing be used against you?

[/ QUOTE ]

I can't be 100% certain, but I've never heard of anything happening.

[MasterShakes]

[ QUOTE ]
[ QUOTE ]
could the fact that you said you had nothing be used against you?

[/ QUOTE ]

I can't be 100% certain, but I've never heard of anything happening.

[/ QUOTE ]

No. You weren't under oath. You had not been read your Miranda rights yet.

[IggyWH]

[ QUOTE ]
[ QUOTE ]
This could easily explain to the cop the reason he might smell "bar" on you.


[/ QUOTE ]

But how would you explain the alcohol on your breathe?

[/ QUOTE ]

If you talk to a cop with alcohol on your breath, then you are a moron. This is what gum/mints/whatever is for.

I'm not talking about popping 10 mints in your mouth right after you get pulled over because that would be obvious, but it doesn't hurt to have some in your car and pop a couple when you're leaving the bar.

Anyways, it's not sexy to a girl to smell beer on your breath. I almost always chew gum when out drinking. The key is cinnamon gum... it works for smell and it doesn't change the taste of your drinks.

[BigBaitsim (milo)]

[ QUOTE ]
[ QUOTE ]
How about you just don't drink and drive, [censored].

[/ QUOTE ]

How about "it's possible to drink socially without impairing your driving ability," "[censored]?"

Milo, have you ever had an alcoholic beverage? Were you automatically smashed after drinking one?

How about two?

If you know your limit, and you are below it, why should you have to jump through legal hoops just to get home at 2 in the morning when there are barely any cars out without having your license suspended?

No need to insult me. Yeah, I've driven with more than 1 beer in me, but I drive better at 0.07999999 BAC than most South Floridians drive at 0.00. If you've ever driven here, you'll know that this applies to most people.

[/ QUOTE ]

Personally, I would be impaired after one or two drinks. Most people would not.

If you get pulled over and have had only two, then all you will need to do is pass the breath test and the field sobriety tests. If you can, then there's no reason to have to figure out what to tell the cop. If you can't then you deserve to go to jail.

The problem is, studies of drinking and driving show that people grossly underestimate their level of impairment, and grossly overestimate how much they drink and still drive safely. People also underestimate how much they have been drinking. Many of those who say "two beers, officer," truly believe it, even when a breath/blood test clearly demonstrates they have had many more.

Bottom line, alcohol impairs judgment. Left to make the decision on your own, one of three things will be happen:
1) You will be non-impaired, and will be safe to drive, therefore you will correctly judge yourself safe; or

2) You will be impaired and unsafe to drive, will recognize this and not drive; or

3) You will be impaired, and since judgment (part of executive function, the first brain activity to be impacted by alcohol) is also impaired, you will incorrectly judge yourself to be non-impaired and will drive.

We are now back to my simple answer.

[Clarkmeister]

[ QUOTE ]
Can you completely LIE and say "I haven't had a drop of alcohol?"

[/ QUOTE ]

Yes. And I've seen it work.

[Thythe]

[ QUOTE ]
How about you just don't drink and drive, [censored].

[/ QUOTE ]

Yes you shouldn't be drunk and drive, but never driving if you've had a couple of drinks isn't possible for most people. It's easy enough if you live somewhere with a good public transportation system, but this isn't the case with most cities.

[BigBaitsim (milo)]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
This could easily explain to the cop the reason he might smell "bar" on you.


[/ QUOTE ]

But how would you explain the alcohol on your breathe?

[/ QUOTE ]

If you talk to a cop with alcohol on your breath, then you are a moron. This is what gum/mints/whatever is for.

I'm not talking about popping 10 mints in your mouth right after you get pulled over because that would be obvious, but it doesn't hurt to have some in your car and pop a couple when you're leaving the bar.

Anyways, it's not sexy to a girl to smell beer on your breath. I almost always chew gum when out drinking. The key is cinnamon gum... it works for smell and it doesn't change the taste of your drinks.

[/ QUOTE ]

The alcohol on your breath comes from your lungs, not from your mouth. Gum, mints, etc., will not fool a cop, and have never fooled me as a forensic psychologist (in fact, the smell of a masking agent like cinnamon or mint just raises my suspicion).

Trust me, when you roll down your window, the cop knows IMMEDIATELY from the smell of your car that someone in it has been drinking, regardless of what you've been chewing. S/he asks questions just to investigate and confirm his/her hypothesis.

[BigBaitsim (milo)]

[ QUOTE ]
[ QUOTE ]
How about you just don't drink and drive, [censored].

[/ QUOTE ]

Yes you shouldn't be drunk and drive, but never driving if you've had a couple of drinks isn't possible for most people. It's easy enough if you live somewhere with a good public transportation system, but this isn't the case with most cities.

[/ QUOTE ]

Again, if you are not impaired, that is, if a) your BAL is under 0.08 and b) you can pass field sobriety tests, then you have no worries. If either a or b is a problem, then you should plan better, so you have a way home. If you haven't planned well, I would suggest either this:

http://www.travelingarmchair.com/gallery/ireland/hitchhiking.jpg

or this:
http://www.tailgauge.com/images/autopics/Other/Yellow_Cab.jpg

[CORed]

[ QUOTE ]
Last time I played golf I played with a lawyer and talked to him about this. His recommendation is to say that you need to talk to your attorney if he has any questions. This requires the police to shut off there video camera so the police will have basically zero evidence on you. I don't know if this is for all states or just Texas. But if you do this you probably will end of having to go to court and spend a couple grand.

If I was drinking but wasn't drunk I would just lie and say I hadn't had anything to drink and take a chance that they wouldn't give me a sobriety test. If they chose to test me I may or may not take it. Then if I got arrested I would refuse the breathalizer and all further testing from that point.

[/ QUOTE ]

I'm not a lawyer, but I'm pretty sure that sying you won't answer questions until you talk to your attorney will work anywhere in th U.S. as this is based on the fifth ammendment and the Miranda ruling. What you have to balance is your chance of keeping the cop from arresting you in the first place against your ability to defend yourself if you do get arrested. Refusing to answer is your legal right, but if you do so, most cops are going to assume you're guilty. OTOH, any admission that you've been drinking, or violated any other law, will be used agaist you if your case goes to trial.

[InchoateHand]

[ QUOTE ]
If you get pulled over and have had only two, then all you will need to do is pass the breath test and the field sobriety tests. If you can, then there's no reason to have to figure out what to tell the cop. If you can't then you deserve to go to jail.

[/ QUOTE ]

Hello!!!!!

THE [censored] POINT IS THAT THE FIELD SOBRIETY TESTS ARE WORTHLESS WHETHER OR NOT YOU HAVE BEEN DRINKING. FAILING A FIELD SOBRIETY TEST IS NO REASON TO GO TO JAIL AND THIS IS COMING FROM SOMEONE WHO SHOULD HAVE GONE TO JAIL BUT PASSED WITH FLYING COLORS WHILE HEAVILY INTOXICATED.

Please keep your moral righteousness to yourself, especially if you are unwilling to read the very post you are responding to.

[IggyWH]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
How about you just don't drink and drive, [censored].

[/ QUOTE ]

How about "it's possible to drink socially without impairing your driving ability," "[censored]?"

Milo, have you ever had an alcoholic beverage? Were you automatically smashed after drinking one?

How about two?

If you know your limit, and you are below it, why should you have to jump through legal hoops just to get home at 2 in the morning when there are barely any cars out without having your license suspended?

No need to insult me. Yeah, I've driven with more than 1 beer in me, but I drive better at 0.07999999 BAC than most South Floridians drive at 0.00. If you've ever driven here, you'll know that this applies to most people.

[/ QUOTE ]

Personally, I would be impaired after one or two drinks. Most people would not.

If you get pulled over and have had only two, then all you will need to do is pass the breath test and the field sobriety tests. If you can, then there's no reason to have to figure out what to tell the cop. If you can't then you deserve to go to jail.

The problem is, studies of drinking and driving show that people grossly underestimate their level of impairment, and grossly overestimate how much they drink and still drive safely. People also underestimate how much they have been drinking. Many of those who say "two beers, officer," truly believe it, even when a breath/blood test clearly demonstrates they have had many more.

Bottom line, alcohol impairs judgment. Left to make the decision on your own, one of three things will be happen:
1) You will be non-impaired, and will be safe to drive, therefore you will correctly judge yourself safe; or

2) You will be impaired and unsafe to drive, will recognize this and not drive; or

3) You will be impaired, and since judgment (part of executive function, the first brain activity to be impacted by alcohol) is also impaired, you will incorrectly judge yourself to be non-impaired and will drive.

We are now back to my simple answer.

[/ QUOTE ]

It's nice that you live in some lala land, but this is the real world. People are responsible for their own actions. If I want to go out, have a couple beers and drive home, guess what? THE LAW SAYS I CAN!

Just because you drink a couple drinks and then drive does NOT mean you are impared (at least legally, don't give me this crap about everyone is impared from the second they drink).

I can drink 2 beers and be perfectly fine. On the other hand, if I take Nyquil, I will not drive a car. 1 dose of Nyquil screws me up 10 times worse than 2 beers. Is there a law against me driving under the influence of cold medicine? No.

See what a mean, it's not a lala land we live in.

[BigBaitsim (milo)]

[ QUOTE ]
[ QUOTE ]
Last time I played golf I played with a lawyer and talked to him about this. His recommendation is to say that you need to talk to your attorney if he has any questions. This requires the police to shut off there video camera so the police will have basically zero evidence on you. I don't know if this is for all states or just Texas. But if you do this you probably will end of having to go to court and spend a couple grand.

If I was drinking but wasn't drunk I would just lie and say I hadn't had anything to drink and take a chance that they wouldn't give me a sobriety test. If they chose to test me I may or may not take it. Then if I got arrested I would refuse the breathalizer and all further testing from that point.

[/ QUOTE ]

I'm not a lawyer, but I'm pretty sure that sying you won't answer questions until you talk to your attorney will work anywhere in th U.S. as this is based on the fifth ammendment and the Miranda ruling. What you have to balance is your chance of keeping the cop from arresting you in the first place against your ability to defend yourself if you do get arrested. Refusing to answer is your legal right, but if you do so, most cops are going to assume you're guilty. OTOH, any admission that you've been drinking, or violated any other law, will be used agaist you if your case goes to trial.

[/ QUOTE ]

I asked the wife (who is a lawyer who has both prosecuted and defended people for DUI). She said that during the "investigation" phase this likely would not work. Once arrested, you have rights under Miranda. So your refusal to talk would likely result in arrest. Your refusal to do the breath test is generally an AUTOMATIC 1 year suspension, whether you are eventually found guilty or not. It is, of course, possible that your refusal may prevent them from gathering enough evidence to prosecute, but again, it's easier to avoid the whole mess.

[CORed]

[ QUOTE ]
But, if you say "no, I've had nothing" and he has you take a test anyway, could the fact that you said you had nothing be used against you?

[/ QUOTE ]

Worst case, they could charge you with making a false report to police, or some such. If you testify in a trial, the prosecution might be able to use this to undermine your credibility.

[ QUOTE ]
[ QUOTE ]
But, if you say "no, I've had nothing" and he has you take a test anyway, could the fact that you said you had nothing be used against you?

[/ QUOTE ]

Worst case, they could charge you with making a false report to police, or some such. If you testify in a trial, the prosecution might be able to use this to undermine your credibility.

[/ QUOTE ]

It's not making a false report to police if it's about yourself. Unless you are legally required to give the truth, such as your real name, you can tell them whatever you want.

For the record, the correct answer in this thread is to tell them that you have had nothing to drink.

[BigBaitsim (milo)]

[ QUOTE ]
[ QUOTE ]
If you get pulled over and have had only two, then all you will need to do is pass the breath test and the field sobriety tests. If you can, then there's no reason to have to figure out what to tell the cop. If you can't then you deserve to go to jail.

[/ QUOTE ]

Hello!!!!!

THE [censored] POINT IS THAT THE FIELD SOBRIETY TESTS ARE WORTHLESS WHETHER OR NOT YOU HAVE BEEN DRINKING. FAILING A FIELD SOBRIETY TEST IS NO REASON TO GO TO JAIL AND THIS IS COMING FROM SOMEONE WHO SHOULD HAVE GONE TO JAIL BUT PASSED WITH FLYING COLORS WHILE HEAVILY INTOXICATED.

Please keep your moral righteousness to yourself, especially if you are unwilling to read the very post you are responding to.

[/ QUOTE ]

If you can pass field sobriety tests while intoxicated, you likely have a high tolerance for alcohol. This is not something you are born with, but something you develop over time, by drinking a lot.

I see no reason to keep my moral righteousness to myself, when you put me, my wife and my children at risk when you choose to drink and drive. It makes me very sad to hear that you avoided jail, and the "loving companionship" of the cellmate you so richly deserve.

[Randy_Refeld]

Basically if they think you are drunk you are screwed.

Many years ago i was watching a friend of mine in a band play at a bar out of town. After it was over i went out to my car and drove away. At the time i walked with a limp. I got just up the raod a bit and get pulled over. Cop gives me some BS reason for pulling me over. He decides i have been drinking and need to walk a staight line. I have a limp so i can't. He arrests me and has my car impounded. We go to the police station and of course i test 0.00 becsaue i hadn't had a thing to drink. I am free to go. THis is a Fri night they give me a number to call to get my car back. They tell me i can come by on Mon to get my car. I am 50 miles from home and have to call someoen to come get me becaue of the red neck cop.

[InchoateHand]

The problem is that field sobriety tests don't measure your ability to drive, or your sobriety. If you fail one you don't deserve to go to jail, since many, many people would fail them entirely sober. You are missing the point, by a wide margin. Your ignorance threatens my life, and the life of my family, but luckily I don't parade around beating you with the idiot stick you so richly deserve.

"Cell companionship?" For a DUI? I thought you and your wife worked in the legal system...how could you possibly be this clueless? Let me guess, everything you (and your wife) know about prison you learned from Office Space?

I'm done arguing with a brick wall.

Meh, you chose to get on the road knowing there were people in other cars who had been drinking. Don't put this on anyone but yourself buddy.

[IggyWH]

Does anyone know if you can "demand" a Breathilizer on the spot? I say demand meaning that if you know you are sober and they are going to take you in for blood/breath test, can you demand an on the spot Breathilizer so if you pass that you can just go on your way?

You don't need to be over the legal limit to get a DUII btw, you can get one for taking a Benadryl. Seriously.

[Brainwalter]

Last thread a guy posted about getting a breathalyzer immediately, blowing less than half the legal limit, and getting arrested anyway.

[TeeJayORTj]

Those sobriety tests are easy. Just ask this guy. (http://www.samholton.com/web/view.php?id=dui)

[slickpoppa]

[ QUOTE ]
I asked the wife (who is a lawyer who has both prosecuted and defended people for DUI). She said that during the "investigation" phase this likely would not work. Once arrested, you have rights under Miranda. So your refusal to talk would likely result in arrest. Your refusal to do the breath test is generally an AUTOMATIC 1 year suspension, whether you are eventually found guilty or not. It is, of course, possible that your refusal may prevent them from gathering enough evidence to prosecute, but again, it's easier to avoid the whole mess.

[/ QUOTE ]

I think there may be some miscommunication because you definitely cannot be arrested for refusing to answer a question (Excluding stuff like your name and the information on your license) because that would be a 5th Amendment violation. The difference between the situation before you are arrested and after you are arrested is that the cops must read you your Miranda rights after you are arrested. But the 5th Amendment nevertheless still applies before you are arrested.

That being said, it might not be a good idea to not answer the cops questions because it may antagonize him and cause him to do a field sobriety test.

[JonPKibble]

[ QUOTE ]
Meh, you chose to get on the road knowing there were people in other cars who had been drinking. Don't put this on anyone but yourself buddy.

[/ QUOTE ]

Yes, however you can be detained for 72 hours without being arrested. I don't recommend refusing questions before you are arrested.

[IggyWH]

[ QUOTE ]
Meh, you chose to get on the road knowing there were people in other cars who had been drinking. Don't put this on anyone but yourself buddy.

[/ QUOTE ]

I certainly don't like Milo's "Holier Than Thou" attitude about drinking and driving, but this was a pretty lame comment. I hope it was just a bad joke.

My main beef with Milo is he's trying to fight this on the wrong level. I am a resonsible adult and know my limits. I've had friends who have wrapped themselves around telephone poles and have had friends get hit by drunk drivers when they were completely sober.

I also understand that others don't know their limits. My roomie is a perfect example of this. There's no middle ground with him, it's either completely sober or a complete wreck. I don't defend people who get "drunk" and drive but it's our ambiguous laws that really let people drive drunk.

If you want to fight something, fight the fact that you can drink & drive with your lawmakers. Trying to fight with each person to not drink anything and drive is like challenging a 1 legged man to an ass kicking contest.

[slickpoppa]

[ QUOTE ]
Yes, however you can be detained for 72 hours without being arrested. I don't recommend refusing questions before you are arrested.

[/ QUOTE ]

Whether you call it an arrest or not, detaining someone for 72 hours requires probable cause that you committed a crime. You can be detained if you refuse to identify yourself (if your state makes that an arrestable offencse), but you cannot be detained for merely refusing to answer questions about how many beers you had.

[ QUOTE ]
[ QUOTE ]
Yes, however you can be detained for 72 hours without being arrested. I don't recommend refusing questions before you are arrested.

[/ QUOTE ]

Whether you call it an arrest or not, detaining someone for 72 hours requires probable cause that you committed a crime. You can be detained if you refuse to identify yourself (if your state makes that an arrestable offencse), but you cannot be detained for merely refusing to answer questions about how many beers you had.

[/ QUOTE ]

You can be detained for questioning on your mental capacity while driving. It's basically the same, ask an officer.

[Warik]

[ QUOTE ]
If you get pulled over and have had only two, then all you will need to do is pass the breath test and the field sobriety tests. If you can, then there's no reason to have to figure out what to tell the cop.

[/ QUOTE ]

How about "I have better things to do with my life and my time than allow myself to be subjected to these tests?" If I can pass the tests, why go through the hassle of doing so when providing the correct answer could help me avoid all that?

[ QUOTE ]
Many of those who say "two beers, officer," truly believe it, even when a breath/blood test clearly demonstrates they have had many more.

[/ QUOTE ]

I don't object to them going straight to jail, then. =)

[ QUOTE ]
Bottom line, too much alcohol impairs judgment.

[/ QUOTE ]

FYP.

By your own admission, you can't have more than 2 drinks without being impaired. I can. Therefore, you don't drive after 2 drinks and I don't drive after more than <X> drinks where X = the number of drinks that make me too drunk to drive.

I've called for a ride 3x when I had too much to drink. Otherwise, I walk a perfectly straight line to my car and drive safely back home. There's no reason I should be forced to be subjected to a breath test over something so trivial as rolling through a stop sign at 2 AM like I would do if my BAC were 0.00.

[slickpoppa]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Yes, however you can be detained for 72 hours without being arrested. I don't recommend refusing questions before you are arrested.

[/ QUOTE ]

Whether you call it an arrest or not, detaining someone for 72 hours requires probable cause that you committed a crime. You can be detained if you refuse to identify yourself (if your state makes that an arrestable offencse), but you cannot be detained for merely refusing to answer questions about how many beers you had.

[/ QUOTE ]

You can be detained for questioning on your mental capacity while driving. It's basically the same, ask an officer.

[/ QUOTE ]

Yes, that is correct. But they cannot force you to answer questions about what you did that night. They can ask you where you live, how old you are, etc.

No, but your comment was that you can't be detained for refusing to answer how many beers you had. And while technically this is correct, you can still be detained if you do this, just for a slightly different reason. In any event, I think we can agree that refusing to answer police questions before an arrest is stupid and will bring you problems FAR more often than it will ever get you out of them.

[Matt Flynn]

I don't drink above the legal limit then drive. Simple as that. However, if push came to shove and a cop stoppped me while my BAC was expected to be 0.05 or somesuch, I would happily oblige with his tests but say field breathalyzers are notoriously inaccurate. I have seen the same person blow 0.03 and 0.12 on different ones right after each other. So I will happily go with him immediately for blood work at any ED or hospital right then where I can be sure the blood will be anylyzed correctly, explaining there is just too much at stake to take a 3% chance on a wildly inaccurate reading. Otherwise, I need to see my lawyer immediately.

[TheNoodleMan]

I think there ought to be special licenses that you can get to prove you can drive at .1 etc.
Think about it, you could go daown to the DMV, have a couple of shots, they breathalize you and then you go out and take the standard test they give to any 16 year old. If you pass then you can legally drive at the limit that you blew.
Similar test should be given to people on cell phones too. They have to take the standard test and pass while randomly answering their phone which is in a purse/bag in the back seat.

[BigBaitsim (milo)]

[ QUOTE ]
The problem is that field sobriety tests don't measure your ability to drive, or your sobriety. If you fail one you don't deserve to go to jail, since many, many people would fail them entirely sober. You are missing the point, by a wide margin. Your ignorance threatens my life, and the life of my family, but luckily I don't parade around beating you with the idiot stick you so richly deserve.

"Cell companionship?" For a DUI? I thought you and your wife worked in the legal system...how could you possibly be this clueless? Let me guess, everything you (and your wife) know about prison you learned from Office Space?

I'm done arguing with a brick wall.

[/ QUOTE ]

In many states DUI is punishable by jail time, although generally not prison time. Usually the third DUI will earn you a decent period of time locked up, but still jail, and not prison. In general, jail is safer than prison.

BTW, I've consulted in both jails and prisons, and know a bit more about both than I'd like (but sadly, have never seen Office Space).

Failing a field sobriety test by itself will get you arrested, but is unlikely to get you convicted, as there are many reasons you might fail one. Getting convicted requires strong evidence of either your intoxication or that you have a BAL over 0.08 in most states.

You are talking about drinking and driving, and I think anyone who chooses to put my family at risk deserves a good companionship session with a large inmate or two.

[astroglide]

[ QUOTE ]
If you can pass field sobriety tests while intoxicated, you likely have a high tolerance for alcohol. This is not something you are born with, but something you develop over time, by drinking a lot.

[/ QUOTE ]

drug/alcohol tolerance can certainly be developed, but they're totally born traits too.

[BigBaitsim (milo)]

[ QUOTE ]
[ QUOTE ]
I asked the wife (who is a lawyer who has both prosecuted and defended people for DUI). She said that during the "investigation" phase this likely would not work. Once arrested, you have rights under Miranda. So your refusal to talk would likely result in arrest. Your refusal to do the breath test is generally an AUTOMATIC 1 year suspension, whether you are eventually found guilty or not. It is, of course, possible that your refusal may prevent them from gathering enough evidence to prosecute, but again, it's easier to avoid the whole mess.

[/ QUOTE ]

I think there may be some miscommunication because you definitely cannot be arrested for refusing to answer a question (Excluding stuff like your name and the information on your license) because that would be a 5th Amendment violation. The difference between the situation before you are arrested and after you are arrested is that the cops must read you your Miranda rights after you are arrested. But the 5th Amendment nevertheless still applies before you are arrested.

That being said, it might not be a good idea to not answer the cops questions because it may antagonize him and cause him to do a field sobriety test.

[/ QUOTE ]

No miscommunication, just poor writing on my part. You are correct in that you can't be arrested for refusing to answer questions, as the officer requires some reasonable cause to arrest you. It's just that all he has to do is claim he smelled alcohol and you appeared to be intoxicated, and he has cause. It is my opinion that refusal to answer questions would result in your arrest.

[BigBaitsim (milo)]

[ QUOTE ]
[ QUOTE ]
If you can pass field sobriety tests while intoxicated, you likely have a high tolerance for alcohol. This is not something you are born with, but something you develop over time, by drinking a lot.

[/ QUOTE ]

drug/alcohol tolerance can certainly be developed, but they're totally born traits too.

[/ QUOTE ]

Certainly some people have greater tolerance for alcohol/substances, etc. that others, but having a high tolerance is generally something you develop. Individual differences may be present at lower levels, but to be able to pass a field sobriety test at, say 0.20 or higher requires serious drinking for a long time. I've evaluated folks who looked entirely sober and would have no problem doing sobriety tests, yet who blew over 0.20. One guy blew a 0.22, and claimed he hadn't had a drink in days. He looked completely sober (albeit a bit watery-eyed). Of course, I knew he was drunk the moment I smelled the air in the waiting room.

[goofball]

The one time I did get pulled over on suspiscion of DUI I had had exactly two beers (over the last 3 hours) and that's what I told the officer. In general I've found the best way to deal with cops is to answer their questions with the truth and do only that (without incriminating yourself of course). In my case he just talked to me for a few minutes and decided I wasn't drunk, and I wasn't.

[david050173]

[ QUOTE ]
There's no reason I should be forced to be subjected to a breath test over something so trivial as rolling through a stop sign at 2 AM like I would do if my BAC were 0.00.

[/ QUOTE ]

Sounds like you need to go to remdial driving class anyway if you can't stop for stop signs when sober...

[Warik]

[ QUOTE ]
Sounds like you need to go to remdial driving class anyway if you can't stop for stop signs when sober...

[/ QUOTE ]

*yawn*

Sounds like you need to go to a remedial reading class if you read my post to say that I'm a bad driver who "can't" stop at stop signs.

How did a simple question turn into comments on my driving ability? Go away. Grown-ups are trying to talk.

[BadBoyBenny]

I've been a fan of the personal legal limit also. Take a shot, take a blood test, drive through the obstacle course until you can't make it. I could be printed right on your license.

[bogey]

whatever you do when the cop instructs you what to do for the field sobriety test dont blurt out, "man, i couldnt do this sober!" like my friend did last week

[Warik]

[ QUOTE ]
whatever you do when the cop instructs you what to do for the field sobriety test dont blurt out, "man, i couldnt do this sober!" like my friend did last week

[/ QUOTE ]

LOL

How about "I'm not quite sure I understand officer... could you please demonstrate?" and then laugh if he falls over and fails to perform the test.

[Cosimo]

[ QUOTE ]
How about "I'm not quite sure I understand officer... could you please demonstrate?" and then laugh if he falls over and fails to perform the test.

[/ QUOTE ]

I've never failed a field sobriety test, and I've usually taken them under (non-signifigant) influence. But then again... see, I've got this bum leg from a traffic accident, officer, and I won't be able to do this standing on that leg.

[WDC]

If you have been drinking at all don't answer the question.

Only roll the window down enough to hand out your license. Always keep some mentholated cigarettes in your car and light one up as soon as you are pulled over.

Always keep your seatbelt on until you are asked to get out of the car.

Never have anything hanging from your rearview.

[WDC]

which is why it can be used. You are not in custody at that point so Miranda is not necessary. That is why you never answer the question "do you know how fast you were going" or have you been drinking. It is not illegal to not answer a cops questions. Just be polite.

[WDC]

If you haven't been drinking demand a breath or blood test.

[nothumb]

[ QUOTE ]
[ QUOTE ]
Can you completely LIE and say "I haven't had a drop of alcohol?"

[/ QUOTE ]

Yes. And I've seen it work.

[/ QUOTE ]

Yeah, I did this, and I still had to take the test. If a cop is pulling you over on suspicion of DUI you better start getting ready to pass the test. Best thing you can do if you plan on driving drunk is practice sobriety tests.

As a result of this, I can say the alphabet backwards while touching my nose with alternating hands when I'm too drunk to walk.

NT

[wacki]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Can you completely LIE and say "I haven't had a drop of alcohol?"

[/ QUOTE ]

Yes. And I've seen it work.

[/ QUOTE ]

Yeah, I did this, and I still had to take the test. If a cop is pulling you over on suspicion of DUI you better start getting ready to pass the test. Best thing you can do if you plan on driving drunk is practice sobriety tests.

As a result of this, I can say the alphabet backwards while touching my nose with alternating hands when I'm too drunk to walk.

NT

[/ QUOTE ]

Man, I just lost a lot of respect for you.

http://www.helpjacqui.com/

[tonypaladino]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Can you completely LIE and say "I haven't had a drop of alcohol?"

[/ QUOTE ]

Yes. And I've seen it work.

[/ QUOTE ]

Yeah, I did this, and I still had to take the test. If a cop is pulling you over on suspicion of DUI you better start getting ready to pass the test. Best thing you can do if you plan on driving drunk is practice sobriety tests.

As a result of this, I can say the alphabet backwards while touching my nose with alternating hands when I'm too drunk to walk.

NT

[/ QUOTE ]

Man, I just lost a lot of respect for you.

http://www.helpjacqui.com/

[/ QUOTE ]

damn. that is some terrible [censored].

[nothumb]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Can you completely LIE and say "I haven't had a drop of alcohol?"

[/ QUOTE ]

Yes. And I've seen it work.

[/ QUOTE ]

Yeah, I did this, and I still had to take the test. If a cop is pulling you over on suspicion of DUI you better start getting ready to pass the test. Best thing you can do if you plan on driving drunk is practice sobriety tests.

As a result of this, I can say the alphabet backwards while touching my nose with alternating hands when I'm too drunk to walk.

NT

[/ QUOTE ]

Man, I just lost a lot of respect for you.

http://www.helpjacqui.com/

[/ QUOTE ]

I didn't say I utilized those skills with any regularity. If it makes you feel better my friends were having a pretty good go at me today because I end up riding a bicycle or walking home from the bar (which is less than a mile from my house) ~75% of the time I go out. I don't like to drive with even a buzz on.

College, seems like a long time ago now. I'm just not badass at all anymore.

NT

[newhizzle]

ive been in this situation a few times, i start by saying, "no, i havent had anything to drink, officer" then after i fail the breathalyzer i say, "ok, ive had a couple," but i have never admitted to drinking as much as i actually had(unless i actually only had a couple)

also for some reason i tend to blow a much lower number than other people that have been drinking as much as me, so it is usually believable

[newhizzle]

if im sober i usually roll through the stop sign, if ive been drinking, im making a complete stop every time

[ChipWrecked]

[ QUOTE ]
Is there a law against me driving under the influence of cold medicine? No.



[/ QUOTE ]

Driving while impaired will get you put in jail. Doesn't matter what you're impaired on. Blood test shows you're [censored] up on Nyquil: bye bye, license.

[xorbie]

[ QUOTE ]
Meh, you chose to get on the road knowing there were people in other cars who had been drinking. Don't put this on anyone but yourself buddy.

[/ QUOTE ]

This is the stupidest thing I have ever [censored] heard.

[young nut]

How about driving with more caution after a few drinks. I personally don't drive after 3 or 4 beers just because I know that is my limit for being able to trust myself to drive. But when I do drive after a few beers I do take extra precautions and make sure to concentrate only on driving. I think it completely fine for someone to have a few drinks and drive. Driving while straight up drunk is a whole different story completely.

[Alobar]

I havent really read any of the replies in this post, but heres my two cents.

Unless you are piss ass stupid drunk, you are an idiot to say anything other than "I havent had anything to drink tonight". Dont give the cop a reason to question you further down those lines. Lots of times the cop is gunna know youve prolly had something, but as long as ytou look in control they are gunna let you go unless they are total dicks, or hit you with the field sobriety test, which isnt that hard to pass even if you are drunk. You should also always be cool with the guy. Dont be one of the assholes that refuses the breathalizer, it wont save you from anything (my gf is a lawyer who can confirm this, all that ":Refuse the breathalizer" stuff is BS), and it just makes the cop have to arrest you. Maybe its cuz I lived in New Mexico, but I have plenty of stories either from cops or from friends whove gotten pulled over, who blew .0x but the cop let them go because he either had more important people to arrest or didnt want to do the paper work.