"If you don't know about it, then you're a victim of your own ignorance." DC DUI law

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IIRC one can get a up to 0.02 from bread.
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This is a simple wive's tlae, as is the rumor that ones body can produce as much as 0.01BAC. Doesnt happen.

No way Id file on a .01, but I have filed full fledged DUI 2nd and Subsequent (Felony) on an individualk who blew a 0.05BAC, which is below the per se law for DWI on Oklahoma. Guess what? It stuck.

All you have to prove is that the perosn was incapable of driving a vehicle safely. Period. The BA Machine helps you do this, but is far drom necessary.
 
Regrettably he isn't an anomaly. That attitude describes about half the force in some areas.
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This posted by:

one45auto
Senior Member



Join Date: Apr 2004
Location: Columbia, Maryland


Hmm, can you be talking about a specific police dept by any chance?:evil:

Nah, can't be....Howard County police are well known in this area for their professionalism :barf:
 
patrol120 said:
It dont work that way, brother. First, you get a minimum of a fifteen minute deprivation period. Second, I make sure your mouth is empty. If its not, you get a refusal, and you go to jail. .
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do you tell people that their mouth has to be empty of all substances during the 15 minute period, or are we just expected to know that?

I've also heard of officers saying that an "vurp" or "velch", wether accidental or purposeful, before the test will taint the test and that they consider it a refusal.
 
i am glad i quit drinking

that seems real unfair!
I used to drive drunk all the time, i was so drunk i couldn't remember where i parked my motorcycle!
one time i left a bar at closing time and was followed for blocks by the cops-i was blasted out of my mind!
never got pulled over!
why??? (besides life being unfair?) I followed the letter of the law! i maintained the speed limit, signaled, came to a complete stop etc, etc!:evil:
when ever I hear some one say "life is unfair" I thank God it is!
I "deserved" a bunch of DUI's that I never got:D
DC stinks!
 
gunsmith said:
never got pulled over!
why??? (besides life being unfair?) I followed the letter of the law! i maintained the speed limit, signaled, came to a complete stop etc, etc!:evil: !
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Man, around here, at 2AM that sounds like probable cause. Only the drunks make sure they are not speeding. Don't want to get pulled over, go about 5 over, and 5-0 won't even give you a second look. Do the speed limit, and they'll be all over your butt looking for any violation. Once they have the first violation, then they can go fishing for that DUI.
 
i am glad i quit drinking

that seems real unfair!
I used to drive drunk all the time, i was so drunk i couldn't remember where i parked my motorcycle!
one time i left a bar at closing time and was followed for blocks by the cops-i was blasted out of my mind!
never got pulled over!
why??? (besides life being unfair?) I followed the letter of the law! i maintained the speed limit, signaled, came to a complete stop etc, etc!:evil:
when ever I hear some one say "life is unfair" I thank God it is!
I "deserved" a bunch of DUI's that I never got:D
DC stinks!
 
Scottmkiv said:
Some people still hang blank cds from their rear view mirror to foil police lasers...
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I always wondered why people did that. I thought it was a silly thing to do. It's still silly, but at least now I know why they do it.

Chris
 
The smartest this to do is to refuse the breathalyzer test. Not sure you can in all states but my brother is a MD cop, and this is what he told me.

They can still hold you but by the morning the levels won't be anywhere near.
 
The smartest this to do is to refuse the breathalyzer test. Not sure you can in all states but my brother is a MD cop, and this is what he told me.

They can still hold you but by the morning the levels won't be anywhere near.
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Actually, Id prefer you refuse the State's Test. Makes for less paperwork for me, and all I have to prove is that you were incapable of safely driving a motor vehicle.

In Oklahoma, the prosecutor can also admit as evidence to the jury that you refused, which makes you look guilty. I win either way.
 
The smartest this to do is to refuse the breathalyzer test. Not sure you can in all states but my brother is a MD cop, and this is what he told me.

They can still hold you but by the morning the levels won't be anywhere near.
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In the PDRK this will get you an automatic driver's license suspension of at least a year. Then you still get to face the jury whom will be told you refused blood alcohol testing. The jury can consider your refusal as 'consciousness of guilt'.

I think you would be better served by consulting with an attorney who will defend you on a DUI charge than your brother, the cop.

Pilgrim
 
In Oklahoma, the test is the Intoxylyzer, unless there are extenuating circumstances, i.e, the machine is broken, the subject is physically unable to blow, etc. If you want a blood test in addition to the Intoxylyzer, you must pay for it out of your own pocket, and submit it to the State's Lab for evaluation.
 
Yeah, even if I'm NOT drunk, and just resent the intrusion
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If youre not drunk, or at least not drinking, you will never see the Intoxylyzer. I can tell by the Field Sobriety Tests if you have been drinking or not. If I am in doubt, you will go free. I would much rather err on the side of a non-arrest than a false arrest. I very well may make you call a friend to come get you, but if I have any doubt, you will not go to jail.

As far as the intrusion, thats covered in the IMPLIED CONSENT laws. By obtaining a Driver License, and driving on the highway, you are required to submit to a chemical test if so ordered by the State. If you dont, you face suspension of your license.
 
So what happens in a case where a perfectly sober person fails the sobriety tests?

I have no physical disability but I am not the most coordinated or agile of people. I just tried to balance on one leg without wobbling for 30 seconds. In my own house, alone, 36+ hours removed from any (and then little) alcohol. In other words a far lower pressure setting than if pulled over.

Couldn't do it.

I also have to balance myself with my arms when doing a heel-toe walk - another failure sign appraently.

I suspect I can follow a light without turning my head though and I am pretty damn sure I can recite the alphabet any way you want it.

If I have a couple of beers and blow an .03 what happens to me? My driving would be completely unaffected - I am not readily "buzzed" or drunk on low to moderate alcohol intake.
 
Patrol120,

Since we're on this topic, got a question for you. I have sufficient neuropathy in my legs that they have no fine motor response. I can't stand on one foot without falling, can't walk a straight line heel to toe, if I stand with my eyes closed I tend to sway and lose my balance. How would I fare in a field sobriety test? By the way, I'm diabetic and don't drink alcohol at all (there are better carbs to OD on!).
 
To be honest, the One Leg Stand and the Walk and Turn tests arent anywhere near as accurate as the Horizontal gaze Nystagmus Test. They simply corroborate inability to operate. The very first question I ask when doing Sobriety tests are whether or not you have medical consitions that would prohibit the ability for you to perform these tests.

Like I said, 90% of the Sobriety tests are in the eyes, and you cant fake those. Some people have Distinct Nystagmus naturally, so the officer must take the totality of the circumstances into consideration, i.e, driving behavior, statements made by the subject, etc.
 
patrol120 said:
Actually, Id prefer you refuse the State's Test. Makes for less paperwork for me, and all I have to prove is that you were incapable of safely driving a motor vehicle.

In Oklahoma, the prosecutor can also admit as evidence to the jury that you refused, which makes you look guilty. I win either way.
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Remember that statement next time you feel like blaming someone else for the "us vs. them" mentality. Its a game, and your on your own side ;)
 
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