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  #16  
Old 10-31-2013, 05:06 PM
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Quote:
Originally Posted by Mike Murrell View Post
I don't know what the options are - if any. Some places also have "no refusal" testing. What do they do if you refuse? Throw you on a table with force?

Never been nailed 'cuz I don't drink and drive - therefore I don't know the ins-n-outs of the tougher dui laws.
Yes.

That's why they call it; "no refusal testing."

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  #17  
Old 10-31-2013, 05:10 PM
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Originally Posted by Hatterasguy View Post
I ordered a breathalyzer, not for any reason other than I do like to have a few beers either on the boat or for dinner, also like other people I have a lot to lose...the line between .07 and .08 is small and expensive.

Amazon.com: AlcoHAWK PT500 Breathalyzer: Health & Personal Care

Just in case, going to carry it in my glove box for me or my friends. If anyone feels a little questionable not bad to see what you blow. They also sell disposable mouth pieces, so I got 50 for $15. Now their is no reason to not use it. DOT and FDA approved, good enough for my use.

Maybe I am paranoid but that is OK, don't mind being called that.
Information is knowledge.

Keep in mind that the average drink equates to ~.02 BAC
A good functioning liver can process ~.015 per hour
I reckon that you are a good tipper, so you can probably count on getting a stiff pour, so your BAC per drink will be elevated...

I bought a used cop breathalyzer years ago when I was doing a lot of club gigs. Was pretty darn accurate. After playing around with it for a couple months I pretty well figured out that anything beyond 3 drinks is playing with fire, as the BAC can vary depending on what you have (or have not) eaten, as well as how strong the drinks are. Not to mention that most states have a slightly different law about being impaired, which can range from from little no no alcohol..


Taxi's are also a nice cheap option, comparatively speaking...

Good on ya for being conscious and proactive.
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  #18  
Old 10-31-2013, 05:15 PM
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Quote:
Originally Posted by Skid Row Joe View Post
Yes.

That's why they call it; "no refusal testing."
Wrong.

If you refuse, IIRC they deem it a DUI per se.
Generally the administrative sanctions are considerably worse than if you submit to the test.
Laws vary by state, but they all seem to agree that you cannot be forced to take any test.
The lone exception being that they can send you to the hospital for testing if they believe you may be in imminent toxicity danger.
To the best of my knowledge, such tests are not admissible.

These laws are readily available to anyone who has the desire to post accurate information.
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  #19  
Old 10-31-2013, 05:16 PM
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I downloaded an app for my iPhone after reading an article about possible reduction in the BAC limits. It's called IntelliDrink and I use it when I have a few. The article discussed the issue that people can't tell when they're too drunk to drive legally and it discussed ways for people to gauge their sobriety. Personal breathalyzers are one option. This app is another.

You enter some profile data and the alcohol content of the various drinks you drink. I'm a beer drinker so I've entered about a dozen beers I enjoy. When you start a new drink, you punch that in and the app plots your projected BAC over time in a graph. You have the ability to adjust the time you started the drink (if you forgot to enter it when you started), the duration you drank it (if slower or faster than the default), and the size of the drink.

I am well aware this thing could be wrong by an order of magnitude. So I use it only as another tool to gauge my sobriety. I find it makes me pay attention to how fast I am drinking and it has modified my behavior.

I went to a music show an hour from home last weekend. I enjoyed myself, drank a few and, at one point, was projected to peak at about .065 BAC. When I saw that, I closed my tab, enjoyed the end of the show, milled about for a while after, and got behind the wheel for the drive home when the app said I was about .04 and dropping.
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  #20  
Old 10-31-2013, 05:24 PM
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Originally Posted by cmbdiesel View Post
Wrong.

If you refuse, IIRC they deem it a DUI per se.
Generally the administrative sanctions are considerably worse than if you submit to the test.
Laws vary by state, but they all seem to agree that you cannot be forced to take any test.
The lone exception being that they can send you to the hospital for testing if they believe you may be in imminent toxicity danger.
To the best of my knowledge, such tests are not admissible.

These laws are readily available to anyone who has the desire to post accurate information.

There exists two separate sets of "laws" concerning this issue. One, Big Cities where most of the time they follow the codes to the letter. Second, "Jerkwater" AKA "Hazard County" laws where in some instances they do what they da** please. You can complain to whoever but some of these Jerkwater bergs have gotten real good at covering their tracks. The cops and Judges in Jerkwater may carry out their duties in a slightly different fashion than their Big City counterparts. Good luck out there.
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  #21  
Old 10-31-2013, 05:50 PM
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My issue even with say one beer. If you get involved in an accident even though it is not your fault on the way home. If the investigating office even smells a trace of alcohol it may be used against you.
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  #22  
Old 10-31-2013, 06:01 PM
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Originally Posted by HuskyMan View Post
There exists two separate sets of "laws" concerning this issue. One, Big Cities where most of the time they follow the codes to the letter. Second, "Jerkwater" AKA "Hazard County" laws where in some instances they do what they da** please. You can complain to whoever but some of these Jerkwater bergs have gotten real good at covering their tracks. The cops and Judges in Jerkwater may carry out their duties in a slightly different fashion than their Big City counterparts. Good luck out there.
Why bother forcing a sample if the punishment for refusing a sample is more severe -- and likely carries more fines == more revenue to Jerkwater County? Or is it just a question of spite at some point?
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  #23  
Old 10-31-2013, 06:08 PM
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Originally Posted by barry12345 View Post
My issue even with say one beer. If you get involved in an accident even though it is not your fault on the way home. If the investigating office even smells a trace of alcohol it may be used against you.
Correct, no beer or alcohol whatsoever. Drink water instead. Best to try and stay out of ANY accidents. With all the lane weaving, tail gating nut jobs out there, this is becoming more difficult.
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  #24  
Old 10-31-2013, 06:12 PM
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Originally Posted by spdrun View Post
Why bother forcing a sample if the punishment for refusing a sample is more severe -- and likely carries more fines == more revenue to Jerkwater County? Or is it just a question of spite at some point?
There is no winning in Jerkwater, they have no other businesses so the only way they make $$$$$ is by issuing traffic citations. Speed Traps, DUI stops, etc etc work real well to keep the money flowing.......

There is one town I am aware of where every night around 7:00 PM, the local po po goes into every restaurant and bar and tells people that they are setting up DUI check points all over town. As a result, every bar and restaurant EMPTIES out IMMEDIATELY. Really good for the restaurant and bar business, don't you think??
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  #25  
Old 10-31-2013, 06:38 PM
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I think Jorn cleared it up. Refusal equates to automatic DUI.

No need for the cops to get rough unless as Husky Man said....you're 8 miles outside of Stampede Pass.
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  #26  
Old 10-31-2013, 07:12 PM
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Originally Posted by HuskyMan View Post
There is no winning in Jerkwater, they have no other businesses so the only way they make $$$$$ is by issuing traffic citations. Speed Traps, DUI stops, etc etc work real well to keep the money flowing.......

There is one town I am aware of where every night around 7:00 PM, the local po po goes into every restaurant and bar and tells people that they are setting up DUI check points all over town. As a result, every bar and restaurant EMPTIES out IMMEDIATELY. Really good for the restaurant and bar business, don't you think??
If you call a metro area of 5 million ppl, "Jerkwater" yeah, you'd be right too. The no refusals there include forced taking of blood for testing. There are NO refusals allowed. These are court ordered search warrants - all judge-signed, and legal like.

Quote:
Originally Posted by Mike Murrell View Post
I think Jorn cleared it up. Refusal equates to automatic DUI.

No need for the cops to get rough unless as Husky Man said....you're 8 miles outside of Stampede Pass.
Perhaps at one time, but not anymore in the jurisdictions where I reside. The blood is drawn, regardless. The suspect has no choice in the matter. There are NO refusals allowed, then having one's DL suspended as in the olden days. LE has a lock on this, so the best advice is; do not drink and drive. Look it up guys, if you don't believe it.

If the ACLU has come to the rescue here, I haven't heard of it. Court ordered search warrants issued to LE did the trick on getting the blood.
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Last edited by Skid Row Joe; 10-31-2013 at 07:31 PM.
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  #27  
Old 10-31-2013, 07:23 PM
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If a refusal is a DUI for all legal intents and purposes, what's the point of a forced draw other than to waste everyone's time?
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  #28  
Old 10-31-2013, 07:29 PM
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Quote:
Originally Posted by Hatterasguy View Post
I ordered a breathalyzer, not for any reason other than I do like to have a few beers either on the boat or for dinner, also like other people I have a lot to lose...the line between .07 and .08 is small and expensive.

Amazon.com: AlcoHAWK PT500 Breathalyzer: Health & Personal Care

Just in case, going to carry it in my glove box for me or my friends. If anyone feels a little questionable not bad to see what you blow. They also sell disposable mouth pieces, so I got 50 for $15. Now their is no reason to not use it. DOT and FDA approved, good enough for my use.

Maybe I am paranoid but that is OK, don't mind being called that.
One time my son-in-law gave me a couple gross of throw-away chemical breathalyzers that were soon to be out of date. I used them as throws in a Mardi Gras parade in Eunice, LA.
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  #29  
Old 10-31-2013, 08:07 PM
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  #30  
Old 10-31-2013, 08:57 PM
Inna-propriate-da-vida
 
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Quote:
Originally Posted by Skid Row Joe View Post
If you call a metro area of 5 million ppl, "Jerkwater" yeah, you'd be right too. The no refusals there include forced taking of blood for testing. There are NO refusals allowed. These are court ordered search warrants - all judge-signed, and legal like.

Perhaps at one time, but not anymore in the jurisdictions where I reside. The blood is drawn, regardless. The suspect has no choice in the matter. There are NO refusals allowed, then having one's DL suspended as in the olden days. LE has a lock on this, so the best advice is; do not drink and drive. Look it up guys, if you don't believe it.

If the ACLU has come to the rescue here, I haven't heard of it. Court ordered search warrants issued to LE did the trick on getting the blood.
Please inform us where there are forced blood tests. I will look it up. To the best of my knowledge, this is not the case anywhere in this country

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1983 300SD - 305000
1984 Toyota Landcruiser - 190000
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