Anyone ever get a DUI?

[Blackfoot]

Originally posted by pucknutz78
actually....not true if you crash your car drunk. if you crash your car drunk, like into a telephone pole (just your car), get out of the car and run your ass off...why you ask? they cant prove you were driving drunk then. you can just say your car got stolen, etc, etc...you get the point....i am dead serious about this to.

now to my DUI advice ( i have gotten one too and it was dropped to a careless...blew a .12)

if you get pulled over...refuse to take a field sobriety test. all those cop cars have video recorders in em and thats just extra evidence to prove you were drunk...instead, just tell the cop you wanna take the PBT. (preliminary breathe test) these will generally be higher than your actual level but if you blow over the legal limit, they'll throw the cuffs on you and off you go. now at the station you will get the real breathalizer and after that you will be given the choice to have a blood test...ALWAYS, ALWAYS, ALWAYS take the blood test. not that it will show you arent drunk, BUT, if you take a blood test, this means a trip to the hospital, which many police departments, not all though, dont have the time for...and if they dont give you a blood test, the charges MUST be dropped b/c they violated your right to obtain possible exculpatory evidence. theres my official legal advice for all you alcoholics.

I honestly don't think that this is good advice. Asking to take any kind of test is just insane. JMO. I'd like to read the case law on this before accepting this as good advice. Also, drawing blood doesn't require a trip to the hospital. Most county sherrif's departments have staff RNs.

IMO, a DUI situation calls for nothing but promptly asking for your attorney and a closed mouth.

[LOCO]

Originally posted by pucknutz78
actually....not true if you crash your car drunk. if you crash your car drunk, like into a telephone pole (just your car), get out of the car and run your ass off...why you ask? they cant prove you were driving drunk then. you can just say your car got stolen, etc, etc...you get the point....i am dead serious about this to.

and what if they got ya on camera?

[LOCO]

i've been veeeeeery veeeeery lucky so far... speeding, dui etc.. never got a ticket once.. not even for parking... been driving for 6y now.. not that much i know but still...
i bet ya i'll get busted eventually tho.... and it's gonna really suck ass....

[CJWolf]

That's when i show my Deputy Sheriff ID and hope for some professional courtesy ...

But before, i've been too shitfaced to even remember driving, which is definitely bad ... I've had some close calls, but they always let me go ... i don't know why i was lucky then ...

[pucknutz78]

Originally posted by Blackfoot
I honestly don't think that this is good advice. Asking to take any kind of test is just insane. JMO. I'd like to read the case law on this before accepting this as good advice. Also, drawing blood doesn't require a trip to the hospital. Most county sherrif's departments have staff RNs.

IMO, a DUI situation calls for nothing but promptly asking for your attorney and a closed mouth.

thats fine, you dont have to believe me, even though i AM an attorney and have gone through this myself...but you can do whatever you want.

ok, and just to add to this to try to clarify it for you
A) you arent asking for the test, you are gonna get it either way. you are better off not doing the field sobriety test b/c thats all on cam and it will be used against you.
B) whats the difference if they have an RN or not....yer still better off not waiving the blood test if you already blew over b/c if they dont do it then the charges have to be dropped.

i'm not gonna cite cases for you as i dont have the time. and state laws very...this is general advice and whether you wanna follow it or not is up to you.

if you dont wanna get a DUI, dont drink and drive.

[pucknutz78]

p.s. sorry if that sounds pissy...i just dont want you to think i'm pullin this shit out of my ass...

and like i said, that is my advice from personal experience and professional experience...just tryin to help some of ya out if you ever get in that situation.

[bigboy9]

I haven't been pulled over but I have done too many times because I make really bad decisions when I am druck. One of the worst decisions I have ever made is: I was 40 minutes from home and like 20 beers deep, when I just got my brand new Denali and one my friends wanted to drive it home and grabbed my keys when I wasn't paying attention, then i see him starting my truck up and I ran over and pulled him out of the truck and started whaling on him for no reason, then I had to drive home with three people in the car, and I knew it would be a miracle if we made it and thank god we did but when I went to work the next day all my friends who were in there cars driving behind me said that I was all over the road and ran threw two stoplights almost hit like 5 cars and a guy on a bike etc etc etc etc. After that night I didn't drink for a year and a half because it scared me so much, now I just drink very responsibly if at all, and always have a DD(Designated Driver)

[Blackfoot]

Originally posted by pucknutz78
thats fine, you dont have to believe me, even though i AM an attorney and have gone through this myself...but you can do whatever you want.

ok, and just to add to this to try to clarify it for you
A) you arent asking for the test, you are gonna get it either way. you are better off not doing the field sobriety test b/c thats all on cam and it will be used against you.
B) whats the difference if they have an RN or not....yer still better off not waiving the blood test if you already blew over b/c if they dont do it then the charges have to be dropped.

i'm not gonna cite cases for you as i dont have the time. and state laws very...this is general advice and whether you wanna follow it or not is up to you.

if you dont wanna get a DUI, dont drink and drive.

There is definitely two schools of thought on just about everything. And your right, state laws do vary.

However, your "advice" reads "just tell the cop you wanna take the PBT (preliminary breathe test)..." This is not smart. In the state that I live in, when you refuse a breath test, you are charged (not convicted) with a DWI and you lose your license for a period of time. You're better off not taking any tests. If you do, you are just adding to the state's case against you.

You also stated that a blood test requires a trip to the hospital "which many police departments, not all though, don't have time for...." This is your reasoning behind asking for a blood test? If you don't blow in the first place, you won't have to worry about a blood test and them preventing you from obtaining evidence to exonerate you. It's their (prosecutors) job to prove that you are guilty. Why help them with their case?

If you don't mind me asking, what area of law do you practice?

[pucknutz78]

Originally posted by Blackfoot


If you don't mind me asking, what area of law do you practice?

criminal defense....and the reason i dont advise against not taking the test is this:
MCL 257.625a:
(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis upon a peace officer's lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(v) Refusing a peace officer's request to take a test described in subparagraph (i) will result in the suspension of his or her operator's or chauffeur's license and vehicle group designation or operating privilege and in the addition of 6 points to his or her driver record.

now that is fully your choice to refuse all tests. i just dont recommend it b/c then you have nothing to work with defending someone. as strict as they are with DUI's now, i think the best way to get off is to hope for a police mistake and get off on a technicallity. i think refusing the tests makes you look guilty by itself and i think most juries would think that too...thats just my opinion though....you guys can take it with a grain of salt...the best way to stay outta trouble is not to drink and drive in the 1st place...

oh and your comment about the blood...actually, you dont ask for it, they legally have to offer it to you and you sign a waiver if you dont want it...and yes my reasoning for wanting one is just fine, b/c like i said, if they dont give you one, charges dropped...but if you decide not to blow in the 1st place then you dont have to worry about it

[pucknutz78]

oh, Blackfoot, dont take it as i think yer wrong....b/c you are right too. but some ppl just cant afford an automatic 6-12 month suspension of their license. especially if its only yer 1st offense, with a good atty, you can get it dropped to at least an impaired and not even lose yer license at all if yer lucky.

[Blackfoot]

Originally posted by pucknutz78
criminal defense....and the reason i dont advise against not taking the test is this:
MCL 257.625a:
(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis upon a peace officer's lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(v) Refusing a peace officer's request to take a test described in subparagraph (i) will result in the suspension of his or her operator's or chauffeur's license and vehicle group designation or operating privilege and in the addition of 6 points to his or her driver record.

now that is fully your choice to refuse all tests. i just dont recommend it b/c then you have nothing to work with defending someone. as strict as they are with DUI's now, i think the best way to get off is to hope for a police mistake and get off on a technicallity. i think refusing the tests makes you look guilty by itself and i think most juries would think that too...thats just my opinion though....you guys can take it with a grain of salt...the best way to stay outta trouble is not to drink and drive in the 1st place...

oh and your comment about the blood...actually, you dont ask for it, they legally have to offer it to you and you sign a waiver if you dont want it...and yes my reasoning for wanting one is just fine, b/c like i said, if they dont give you one, charges dropped...but if you decide not to blow in the 1st place then you dont have to worry about it

Exactly, pay a fine and lose your license for a few months. IMO a class C misdemeanor (I'm assuming that's what it is b/c the fine is 100 or less) is much better than giving them more ammo to slap you with a DUI.

I'm from the school of never say anything much less consent to any type of test.

I don't want there to be any misconceptions. I do see your point, and agree to some extent. Either way, good discussion.