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Question about DUI

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Pick6's avatar

Pick6

A USA American

14,946 posts
Jun 29, 2011 7:55 AM
One of my good friends got a DUI in Columbus last night. They were pulled over of failing to use a blinker while switching lanes of all things.. I know the person was incredibly stupid for drinking and driving, as I've tried warning them before...But anyways.. cop pulled him over, made him do sobriety tests for about an hour long. He says he passed them all. Then after that, the cop had him take breathalyzer, and he blew a 0.1, got arrested and has a court date friday.

Did the cop do right procedure here? Seems weird to me that all sobriety tests would be passed, then the cop would make him take a breathalyzer. Whats the chances of the charge getting downgraded some? Sorry..dont know much about law and seeing if I can help a friend out.
Jun 29, 2011 7:55am
thedynasty1998's avatar

thedynasty1998

Senior Member

6,844 posts
Jun 29, 2011 7:59 AM
Get a good attorney and you could get it down to reckless opp.
Jun 29, 2011 7:59am
LJ's avatar

LJ

Senior Member

16,351 posts
Jun 29, 2011 8:03 AM
Pick6;817129 wrote:One of my good friends got a DUI in Columbus last night. They were pulled over of failing to use a blinker while switching lanes of all things.. I know the person was incredibly stupid for drinking and driving, as I've tried warning them before...But anyways.. cop pulled him over, made him do sobriety tests for about an hour long. He says he passed them all. Then after that, the cop had him take breathalyzer, and he blew a 0.1, got arrested and has a court date friday.

Did the cop do right procedure here? Seems weird to me that all sobriety tests would be passed, then the cop would make him take a breathalyzer. Whats the chances of the charge getting downgraded some? Sorry..dont know much about law and seeing if I can help a friend out.

Have him hire Scumbag Sam Shamansky. He will get it lowered to at least reckless op.
Jun 29, 2011 8:03am
se-alum's avatar

se-alum

The Biggest Boss

13,948 posts
Jun 29, 2011 8:03 AM
Pick6;817129 wrote:One of my good friends got a DUI in Columbus last night. They were pulled over of failing to use a blinker while switching lanes of all things.. I know the person was incredibly stupid for drinking and driving, as I've tried warning them before...But anyways.. cop pulled him over, made him do sobriety tests for about an hour long. He says he passed them all. Then after that, the cop had him take breathalyzer, and he blew a 0.1, got arrested and has a court date friday.

Did the cop do right procedure here? Seems weird to me that all sobriety tests would be passed, then the cop would make him take a breathalyzer. Whats the chances of the charge getting downgraded some? Sorry..dont know much about law and seeing if I can help a friend out.
As stated, if he gets an attorney it will most likely be lowered to a reckless op or physical control. 6 months without a license and a weekend in drunk school. Did the cop tell him he passed the field tests or did he just assume??
Jun 29, 2011 8:03am
Raw Dawgin' it's avatar

Raw Dawgin' it

Just Ain't Care

11,466 posts
Jun 29, 2011 8:06 AM
Breathalyzer tests are optional, as in he can refuse one. Never take them, ever. His fault, hire a good lawyer and hope they don't make an example of him
Jun 29, 2011 8:06am
C

Con_Alma

Senior Member

12,198 posts
Jun 29, 2011 8:06 AM
Is smelling the presence of alcohol reason enough for the officer to conduct an field sobriety investigation??

Even if an individual "passed" all field sobriety test is smelling alcohol enough reasonable justification to administer a breathalyzer test?
Jun 29, 2011 8:06am
C

Con_Alma

Senior Member

12,198 posts
Jun 29, 2011 8:06 AM
Raw Dawgin' it;817137 wrote:Breathalyzer tests are optional, as in he can refuse one. Never take them, ever. His fault, hire a good lawyer and hope they don't make an example of him


I think there are ramifications to refusing one, however.
Jun 29, 2011 8:06am
Raw Dawgin' it's avatar

Raw Dawgin' it

Just Ain't Care

11,466 posts
Jun 29, 2011 8:07 AM
Con_Alma;817138 wrote:Is smelling the presence of alcohol reason enough for the officer to conduct an field sobriety investigation??

Even if an individual "passed" all field sobriety test is smelling alcohol enough reasonable justification to administer a breathalyzer test?

yes, it probably falls under "probably cause." But if they suspect alcohol is involved they're within their rights to issue a breathalyzer test
Jun 29, 2011 8:07am
Raw Dawgin' it's avatar

Raw Dawgin' it

Just Ain't Care

11,466 posts
Jun 29, 2011 8:07 AM
Con_Alma;817139 wrote:I think there are ramifications to refusing one, however.

Those are better than a DUI on your records
Jun 29, 2011 8:07am
C

Con_Alma

Senior Member

12,198 posts
Jun 29, 2011 8:09 AM
Raw Dawgin' it;817144 wrote:Those are better than a DUI on your records


So there are ramifications then? What are they do you know?
Jun 29, 2011 8:09am
LJ's avatar

LJ

Senior Member

16,351 posts
Jun 29, 2011 8:09 AM
Con_Alma;817139 wrote:I think there are ramifications to refusing one, however.

There are, you lose your license, but a decent lawyer will always get you your license back and you won't have a DUI and a good chance you won't even have a reckless op/
Jun 29, 2011 8:09am
C

Con_Alma

Senior Member

12,198 posts
Jun 29, 2011 8:10 AM
LJ;817146 wrote:There are, you lose your license, but a decent lawyer will always get you your license back and you won't have a DUI and a good chance you won't even have a reckless op/


Got it. Thanks.
Jun 29, 2011 8:10am
Ironman92's avatar

Ironman92

Administrator

49,363 posts
Jun 29, 2011 8:11 AM
If he took the sobriety test for nearly an hour......wouldn't that give his alcohol level time to go down a little bit? (not enough time apparently) I don't know the specifics of how much the blood alcohol drops per hour/2 hour....many factors I'd guess.
Jun 29, 2011 8:11am
LJ's avatar

LJ

Senior Member

16,351 posts
Jun 29, 2011 8:11 AM
Con_Alma;817147 wrote:Got it. Thanks.

Any lawyer that does DUI cases will always tell people to not blow.
Jun 29, 2011 8:11am
LJ's avatar

LJ

Senior Member

16,351 posts
Jun 29, 2011 8:12 AM
Ironman92;817149 wrote:If he took the sobriety test for nearly an hour......wouldn't that give his alcohol level to go down a little bit? I don't know the specifics of how much the blood alcohol drops per hour/2 hour....many factors I'd guess.

If you have a full stomach it will actually continue to absorb into your bloodstream
Jun 29, 2011 8:12am
C

Con_Alma

Senior Member

12,198 posts
Jun 29, 2011 8:15 AM
LJ;817150 wrote:Any lawyer that does DUI cases will always tell people to not blow.

I think I read on here one time that giving blood would be a more accurate route.

Here's another question. By declining a breathalyzer can the officer simply arrest based on his observation through the other tests? That combined with the video of the individual would then be the only evidence used in the prosecution.
Jun 29, 2011 8:15am
Raw Dawgin' it's avatar

Raw Dawgin' it

Just Ain't Care

11,466 posts
Jun 29, 2011 8:16 AM
Con_Alma;817153 wrote:I think I read on here one time that giving blood would be a more accurate route.

Here's another question. By declining a breathalyzer can the officer simply arrest based on his observation through the other tests? That combined with the video of the individual would then be the only evidence used in the prosecution.

I believe so, but without an actual blood alcohol level as proof i can't see that holding up in court
Jun 29, 2011 8:16am
C

Con_Alma

Senior Member

12,198 posts
Jun 29, 2011 8:17 AM
I think I found my answer.

http://www.ohio-dui.com/DUIlaw.htm

Driving Under the Influence

"...The first law, states it is illegal to drive while under the influence of alcohol, drugs or both. No scientific tests are necessary and, ordinarily, this violation is based upon a police officer's observations of your driving, physical appearance, and responses to what are called "field sobriety tests" - a series of tests prescribed to test your mental and physical abilities. Generally, a conviction of this law is based upon testimony of the arresting officer and other witnesses who had an opportunity to observe you. ..."
Jun 29, 2011 8:17am
C

Con_Alma

Senior Member

12,198 posts
Jun 29, 2011 8:18 AM
Raw Dawgin' it;817155 wrote:I believe so, but without an actual blood alcohol level as proof i can't see that holding up in court
The DUI might but driving with a prohibited amount certainly doesn't seem like it would.

"...The second law for which you can be charged is the so-called "per se" violation. In effect this law states, notwithstanding your ability to pass physical dexterity tests, you are not permitted to drive with a prescribed level of alcohol in your breath, blood, or urine. This is the law, in Ohio, that mandates you can not drive a vehicle with a level of .08 or more of alcohol in your breath. Blood and urine have different mandated levels, but these tests are used so infrequently, I will limit my discussion to breath tests.

To be convicted of this violation, the governmental authority offers into evidence scientific tests proving the level of alcohol. In most instances a breath testing device is used , normally referred to as a "breathalyzer." The government need not introduce any other evidence. This law does not require proof that your mental and physical abilities are affected by your intake of alcohol. .."
Jun 29, 2011 8:18am
Scarlet_Buckeye's avatar

Scarlet_Buckeye

Senior Member

5,264 posts
Jun 29, 2011 8:31 AM
Raw Dawgin' it;817137 wrote:Breathalyzer tests are optional, as in he can refuse one. Never take them, ever. His fault, hire a good lawyer and hope they don't make an example of him


THIS!

It is my understanding that most lawyers will advise "never" blow and/or do there tests (which the police will try there utmost to bully you into complying). Just tell them you want legal counsel.

P.S. Obviously, if you have not had ONE DROP of alcohol you can blow.
Jun 29, 2011 8:31am
coyotes22's avatar

coyotes22

Go Tigers

11,298 posts
Jun 29, 2011 8:38 AM
Pick6;817129 wrote:One of my good friends got a DUI in Columbus last night. They were pulled over of failing to use a blinker while switching lanes of all things.. I know the person was incredibly stupid for drinking and driving, as I've tried warning them before...But anyways.. cop pulled him over, made him do sobriety tests for about an hour long. He says he passed them all. Then after that, the cop had him take breathalyzer, and he blew a 0.1, got arrested and has a court date friday.

Did the cop do right procedure here? Seems weird to me that all sobriety tests would be passed, then the cop would make him take a breathalyzer. Whats the chances of the charge getting downgraded some? Sorry..dont know much about law and seeing if I can help a friend out.

POS cops!!!!! Just another dirty cop, dishonoring the badge!

Opps, wrong thread.
Jun 29, 2011 8:38am
derek bomar's avatar

derek bomar

Senior Member

3,722 posts
Jun 29, 2011 9:03 AM
the best thing you can do is to refuse the field tests and ask him politely to put you in cuffs and to take you to the station, where you do not blow and call your lawyer. you don't have to do the tests, and if you don't, and you don't blow, they have shit on you.
Jun 29, 2011 9:03am
Commander of Awesome's avatar

Commander of Awesome

Senior Pwner

23,151 posts
Jun 29, 2011 9:07 AM
coyotes22;817196 wrote:POS cops!!!!! Just another dirty cop, dishonoring the badge!

Opps, wrong thread.

Wrong poster too.
Jun 29, 2011 9:07am
Z

Zoltan

Senior Member

1,003 posts
Jun 29, 2011 9:47 AM
derek bomar;817226 wrote:the best thing you can do is to refuse the field tests and ask him politely to put you in cuffs and to take you to the station, where you do not blow and call your lawyer. you don't have to do the tests, and if you don't, and you don't blow, they have **** on you.

This. As long as you think you are over the limit.
Jun 29, 2011 9:47am
FatHobbit's avatar

FatHobbit

Senior Member

8,651 posts
Jun 29, 2011 10:02 AM
derek bomar;817226 wrote:the best thing you can do is to refuse the field tests and ask him politely to put you in cuffs and to take you to the station, where you do not blow and call your lawyer. you don't have to do the tests, and if you don't, and you don't blow, they have shit on you.
Zoltan;817268 wrote:This. As long as you think you are over the limit.

I have a friend that got a DUI. He took the breathalyzer and it screwed up his world. His job required that he drive (he was in some kind of sales I think) so he lost it. His lawyer told him never ever blow. So he quit drinking and tried to straighten his life out. Before he has his trial for his first DUI, one night he's at a bar with some friends and one them is too shit faced to drive home so he gives her a ride. On the way home she pukes out the window and he gets pulled over. Because his lawyer told him to never ever blow, he refused. (He had nothing at all to drink because he quit drinking.) He got the same judge for his second 'DUI' that he had for his first DUI. They did not go easy on him.
Jun 29, 2011 10:02am