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#41
11-20-2005, 03:27 PM
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Re: If not \"Two Beers, Officer\", then what?
[ 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. 
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#42
11-20-2005, 03:29 PM
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Re: If not \"Two Beers, Officer\", then what?
[ 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.
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#43
11-20-2005, 03:31 PM
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Re: The simple answer
[ 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.
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#44
11-20-2005, 03:32 PM
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Re: If not \"Two Beers, Officer\", then what?
[ 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.
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#45
11-20-2005, 03:35 PM
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Re: If not \"Two Beers, Officer\", then what?
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.
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#46
11-20-2005, 03:41 PM
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Re: If not \"Two Beers, Officer\", then what?
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.
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#47
11-20-2005, 03:48 PM
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Re: If not \"Two Beers, Officer\", then what?
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.
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#48
11-20-2005, 03:49 PM
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Re: The simple answer
[ 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.
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#49
11-20-2005, 03:52 PM
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Re: The simple answer
[ 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.
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#50
11-20-2005, 03:53 PM
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Re: If not \"Two Beers, Officer\", then what?
[ 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.
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