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Question about DUI

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LJ's avatar

LJ

Senior Member

16,351 posts
Jun 29, 2011 10:10 AM
FatHobbit;817290 wrote: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.

what a dummy. You never ever blow if you have been drinking. If you have had nothing, you blow.
Jun 29, 2011 10:10am
FatHobbit's avatar

FatHobbit

Senior Member

8,651 posts
Jun 29, 2011 10:11 AM
LJ;817309 wrote:what a dummy. You never ever blow if you have been drinking. If you have had nothing, you blow.

Seriously. But he had just lost his job and was going through hell. His lawyer told him to never ever blow, so he panicked and didn't.
Jun 29, 2011 10:11am
T

thavoice

Senior Member

14,376 posts
Jun 29, 2011 10:18 AM
FatHobbit;817290 wrote: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 **** 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.
I am sorry, but that was plain stupid of him to not blwo if he had nothing to drink.
Jun 29, 2011 10:18am
thedynasty1998's avatar

thedynasty1998

Senior Member

6,844 posts
Jun 29, 2011 10:58 AM
Only blow if you are absolutely certain you will pass. I also think you have the right to request a doctor to administer the breathalyzer.
Jun 29, 2011 10:58am
V

vball10set

paying it forward

24,795 posts
Jun 29, 2011 11:02 AM
thedynasty1998;817386 wrote:Only blow if you are absolutely certain you will pass. I also think you have the right to request a doctor to administer the breathalyzer.

never heard this one--any chance someone can find verification of this?
Jun 29, 2011 11:02am
Pick6's avatar

Pick6

A USA American

14,946 posts
Jun 29, 2011 11:04 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

He said cop told him if he didnt take it, he could lose his license for like a year or something..so panicked and blew. This person wouldnt know otherwise, either. They have never been in any kind of legal trouble.
Jun 29, 2011 11:04am
FatHobbit's avatar

FatHobbit

Senior Member

8,651 posts
Jun 29, 2011 11:10 AM
Pick6;817394 wrote:He said cop told him if he didnt take it, he could lose his license for like a year or something

That's not as bad as failing it.
Jun 29, 2011 11:10am
T

thavoice

Senior Member

14,376 posts
Jun 29, 2011 11:10 AM
they are optional, but you are supposed to automatically lose it for a year if you refuse to blow.
Jun 29, 2011 11:10am
thedynasty1998's avatar

thedynasty1998

Senior Member

6,844 posts
Jun 29, 2011 11:31 AM
thavoice;817405 wrote:they are optional, but you are supposed to automatically lose it for a year if you refuse to blow.

This. I believe this is the law as stated, so there can be a severe punishment if refused.
Jun 29, 2011 11:31am
thedynasty1998's avatar

thedynasty1998

Senior Member

6,844 posts
Jun 29, 2011 11:32 AM
vball10set;817393 wrote:never heard this one--any chance someone can find verification of this?

On second thought it might be that you have the right to a blood test instead of breathalyzer, which must be administered by a doctor.
Jun 29, 2011 11:32am
T

thavoice

Senior Member

14,376 posts
Jun 29, 2011 11:34 AM
I am no lawyer but why do they saw not blow? Then it is the word of the cop vs individual. Ya would think they could at least argue the calibration and eqt was faulty or whatever on those things.

Or am I just wrong in my thinking
Jun 29, 2011 11:34am
thedynasty1998's avatar

thedynasty1998

Senior Member

6,844 posts
Jun 29, 2011 11:41 AM
thavoice;817456 wrote:I am no lawyer but why do they saw not blow? Then it is the word of the cop vs individual. Ya would think they could at least argue the calibration and eqt was faulty or whatever on those things.

Or am I just wrong in my thinking

There has to be evidence to charge someone with a DUI. Usually that evidence is the breathalyzer. Much easier to get a lessor charge if the prosecutor doesn't have the breathalyzer. Lawyer can always say, yea my client had been drinking but wasn't a .08.
Jun 29, 2011 11:41am
T

thavoice

Senior Member

14,376 posts
Jun 29, 2011 11:45 AM
thedynasty1998;817465 wrote:There has to be evidence to charge someone with a DUI. Usually that evidence is the breathalyzer. Much easier to get a lessor charge if the prosecutor doesn't have the breathalyzer. Lawyer can always say, yea my client had been drinking but wasn't a .08.

Makes sense I guess.
Jun 29, 2011 11:45am
V

vball10set

paying it forward

24,795 posts
Jun 29, 2011 11:46 AM
thedynasty1998;817451 wrote:On second thought it might be that you have the right to a blood test instead of breathalyzer, which must be administered by a doctor.

That sounds about right--I sure wouldn't want a cop to administer a blood test!!!
Jun 29, 2011 11:46am
Scarlet_Buckeye's avatar

Scarlet_Buckeye

Senior Member

5,264 posts
Jun 29, 2011 11:55 AM
The cops won't do the blood test. I believe they take you to an ER.
Jun 29, 2011 11:55am
I

I Wear Pants

Senior Member

16,223 posts
Jun 29, 2011 4:24 PM
Yeah, knowing what I do now (from getting an OVUAC) I would never blow if I knew I could be even remotely close to the limit, let alone over. All you're doing is giving them evidence that has been proven very valid in a court of law. Don't do it. I mean, don't drink and drive first but if you do do not fucking blow.
Jun 29, 2011 4:24pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Jun 29, 2011 4:38 PM
I was once pulled over after about 44 straight hours of being awake, because I had a tail light out.. It was between 2 and 3AM (I was driving home from college after finals). The cop thought I'd been drinking, and made me take the field sobriety test, which I failed across the board. I then requested the breathalyzer, since I hadn't had a drink in about four months.

Got a "be careful," and was allowed to go about my merry way.

But don't agree to blow unless you are 100% certain you will be under the limit. If you think there is any chance you'll blow above the limit, refuse it. DUI is far worse than just losing your license for a bit, and I'm told it's pretty easy to get it back way before a year is up.
Jun 29, 2011 4:38pm
Pick6's avatar

Pick6

A USA American

14,946 posts
Jun 29, 2011 5:00 PM
Thanks for the advice/info everyone. Court date is set for Friday. He said its going to cost him 3000 for an attorney. That seems crazy. Hopefully I wont need an attorney too many times in my life. I'll let you know how it goes.
Jun 29, 2011 5:00pm
Z

Zoltan

Senior Member

1,003 posts
Jun 29, 2011 5:04 PM
FatHobbit;817290 wrote: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 **** 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.

Wow, I hate to say he deserved it but that is not smart.

I was always told by lawyers/cops that if you think you might be over to not take any tests, give no answer to the "how many drinks" question and say you want a lawyer. If you haven't touched a drop just tell him to cut the crap you want to blow and go home.
Jun 29, 2011 5:04pm
dwccrew's avatar

dwccrew

Not Banned

7,817 posts
Jun 29, 2011 8:23 PM
FatHobbit;817290 wrote: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 **** 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.

No offense, but your friend may be one of the biggest idiots I have heard of. Common sense would dictate to "blow" if you hadn't drank anything.
Jun 29, 2011 8:23pm
stroups's avatar

stroups

Senior Member

3,223 posts
Jun 29, 2011 9:00 PM
Pick6;817394 wrote:He said cop told him if he didnt take it, he could lose his license for like a year or something..so panicked and blew. This person wouldnt know otherwise, either. They have never been in any kind of legal trouble.

Same shit they pulled with me. They will tell you almost anthing to talk you into blowing. Guess what, I blew under double (the upper tier) and still lost my license for a year. I do however think if you refuse to blow on 2 seperate occasions its an automatic license suspension.
Jun 29, 2011 9:00pm
I

I Wear Pants

Senior Member

16,223 posts
Jun 29, 2011 9:12 PM
Pick6;817915 wrote:Thanks for the advice/info everyone. Court date is set for Friday. He said its going to cost him 3000 for an attorney. That seems crazy. Hopefully I wont need an attorney too many times in my life. I'll let you know how it goes.
That sounds about right for a decent attorney.
stroups;818096 wrote:Same shit they pulled with me. They will tell you almost anthing to talk you into blowing. Guess what, I blew under double (the upper tier) and still lost my license for a year. I do however think if you refuse to blow on 2 seperate occasions its an automatic license suspension.
A year is about the average suspension for an OVI it seems. And it is an automatic one year suspension if you refuse to blow anytime. Including the first time.
Jun 29, 2011 9:12pm