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  #1  
Old 11-20-2005, 01:44 PM
Warik Warik is offline
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Default If not \"Two Beers, Officer\", then what?

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."
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  #2  
Old 11-20-2005, 01:47 PM
IggyWH IggyWH is offline
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Default Re: If not \"Two Beers, Officer\", then what?

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.
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  #3  
Old 11-20-2005, 01:50 PM
Warik Warik is offline
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Default Re: If not \"Two Beers, Officer\", then what?

[ 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.
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  #4  
Old 11-20-2005, 01:55 PM
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Default Re: If not \"Two Beers, Officer\", then what?

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.
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  #5  
Old 11-20-2005, 02:00 PM
Warik Warik is offline
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Default Re: If not \"Two Beers, Officer\", then what?

[ 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?
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  #6  
Old 11-20-2005, 02:04 PM
IggyWH IggyWH is offline
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Default Re: If not \"Two Beers, Officer\", then what?

[ 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.
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  #7  
Old 11-20-2005, 02:07 PM
Shoe Shoe is offline
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Default Re: If not \"Two Beers, Officer\", then what?

[ 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?
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  #8  
Old 11-20-2005, 02:09 PM
Warik Warik is offline
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Default Re: If not \"Two Beers, Officer\", then what?

[ 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 [img]/images/graemlins/smile.gif[/img]
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  #9  
Old 11-20-2005, 02:09 PM
BigBaitsim (milo) BigBaitsim (milo) is offline
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Default The simple answer

How about you just don't drink and drive, [censored].
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  #10  
Old 11-20-2005, 02:10 PM
Warik Warik is offline
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Default Re: If not \"Two Beers, Officer\", then what?

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

[/ QUOTE ]

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