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]

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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.

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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.

[IggyWH]

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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.

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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.

[Warik]

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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.

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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?

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I was a little of a dick when it happened to me

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heheh yeah you were [img]/images/graemlins/smile.gif[/img]

[IggyWH]

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

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

[CORed]

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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?

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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.

[Shoe]

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


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But how would you explain the alcohol on your breathe?

[Warik]

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But how would you explain the alcohol on your breathe?

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

[IggyWH]

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


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But how would you explain the alcohol on your breathe?

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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.