DWIs

[Blake]

Had a close relative arrested on a DWI charge two night ago.

According to her, she wasn't drinking that night. She had been a lot earlier in the day..............(not a lot of drinks, earlier, but she had some drinks a lot earlier in the day). She was designated driver.

The officer pulled her over for "driving strange", but she said he never stated what that meant.

He asked her to get out of the car, do the field test. She passed all the tests easily.

He continued to ask her if she had been drinking, she said no.

He asked her to take the breathalyzer and she said "no, I refuse. I haven't been drinking."

She said he started to walk back to the car and asked one last time, "are you sure you haven't been drinking?"

She said "I had a lot earlier, but not tonight"

......to which he whipped out his cuffs and told her she was under arrest for DWI. She still has bruises today from the cuffs which he squeezed on very tightly.

He also never informed her of the consequence of not taking the breathalyzer.

She of course had to spend 14 hours over night in the holding cell.

Meanwhile, the other cop asked her friend for an ID......being nervous and scared she kept fumbling around her purse and couldn't find it.

He said he was arresting her for failure to ID.......later on after some time in the holding cell, she was told that she was arrested for public intoxication.

Apparently they found the ID in her purse.

As I'm sure some of you might be aware, it was a humiliating experience for them in the holding cell. My relative said they took her sandals to which she was barefoot the entire time in the cell because they said they were "high heeled".....She showed me the shoes which were simply raised heel shoes.....no "stilleto" of any kind.

They never asked my relative again for a breathalyzer test and asked only once for a blood test (to which she refuesd and again they failed again to tell her the consequences).

On the flip side, they said they asked her friend over and over again to take the breathalyzer, taunting her with getting out faster, to which she kept saying no until she couldn't take it in the cell any more. The friend with the PI charge took the test, came back 0.0% and they still held her for several more hours.

Again, they never asked my relative any more to take the breathalyzer or blood test.


when my relative was finally released, they gave her her car keys and cell phone, but kept her purse. When asked why, she said she would have to call a phone number the next day to get it before 4:30.........as it was already 5pm.



Moral to the story.......never ever admit you have been drinking ever any time anywhere.

[SA DAVE]

Good heads up Blake. Sorry about your family. Yeah, some cops can be d-bags..and some are not. I've been on both sides of that.

I once got pulled over for speeding, and I did consume some alchohol. Not enough to speed - I normally do that without anything but a cup of coffee. However, he noticed I had alchohol on my breath. I was very lucky as he let me call someone to take my vehicle for me. I sincerely thank the guy, and thank anything above the sky.

My moral...I just don't do that anymore - not even a small happy hour. There's too much risk involved, too much hassel, and of course, it could hurt someone else.

[Viva Las Espuelas]

She screwed up when she got out of the car. Then royally when she refused to blow.

[PM5K]

How do you get arrested for PI while in a vehicle you aren't driving?

[Viva Las Espuelas]

How do you get arrested for PI while in a vehicle you aren't driving?


She screwed up when she got out of the car.

[Nathan Explosion]

You can refuse a breathalizer though.

As for DWIs, anyone here of that story in SA about the wrong way driver killing a man and hitting two cars injuring 4 others on 90 earlier this week? I came back from that funeral earlier today.

So yeah.

[z0sa]

You can refuse a breathalizer though.

Not sure about TX, but at least a few states have passed laws that essentially say using public roads means subjecting yourself to the possibility of a breathalizer; refusal is a crime in and of itself and can even amount to similar penalties to a DUI. This is from an article I read on USA Today online, about non-English speakers refusing breathalizers indirectly, so I can't vouch for how many states do it or how strictly they enforce it.

[Nathan Explosion]

Not sure about TX, but at least a few states have passed laws that essentially say using public roads means subjecting yourself to the possibility of a breathalizer; refusal is a crime in and of itself and can even amount to similar penalties to a DUI. This is from an article I read on USA Today online, about non-English speakers refusing breathalizers indirectly, so I can't vouch for how many states do it or how strictly they enforce it.

There's a whole commercial on the radio from the "DWI Dude" in which he states in Texas you can refuse a Breathalyzer without fear of punishment. He says that most people are unaware of this and are incriminating themselves when they don't have too.

Wouldn't requiring someone to take a test or face punishment be a violation of the 5th amendment? On the surface it appears so, but I'm not a lawyer so I wouldn't know.

http://dwidude.com/

Check out the site. On the video on the homepage he says you don't have to take any sobriety tests without a warrant.

[z0sa]

There's a whole commercial on the radio from the "DWI Dude" in which he states in Texas you can refuse a Breathalyzer without fear of punishment. He says that most people are unaware of this and are incriminating themselves when they don't have too.

Wouldn't requiring someone to take a test or face punishment be a violation of the 5th amendment? On the surface it appears so, but I'm not a lawyer so I wouldn't know.

http://dwidude.com/

Check out the site. On the video on the homepage he says you don't have to take any sobriety tests without a warrant.

Thanks for relating. I doubt more than a few states do it; likewise, I doubt those states enforce it (much). Just something to keep in mind.

Myself, I will never take a breathalizer. That's overwhelming physical evidence against you should it come out incorrect. I'd rather let a court decide based on videotape, audio etc - of course, I never drive after drinking, no matter how little, so I am mostly just being paranoid. It's too much of a risk not to be, though.

[Nathan Explosion]

Off the link, for the OP. In Texas of course.


10 Common Mistakes By The DWI Cops

1. Assuming that driving behavior is related to alcohol consumption -weaving due to reaching for cell phone or other distraction but not because of intoxication.

2. Turning odor of alcohol into intoxication and using it as evidence of excessive consumption. Other factors that may cause an odor of alcohol include mouthwash, denture solutions, or having an alcoholic drink accidentally spilled on one's clothes, minimal consumption, etc.

3. Failing to ask pertinent questions about driver’s medical problems – many medical issues imitate clues of intoxication or are too personal to discuss with DWI cop.
Officer fails to explain how past medical issues that you no longer consider a disability can cause you to fail to perform the test to his satisfaction.

4. Failing to disqualify persons who are physically unable to pass the SFSTs. A great number of persons cannot pass these exercises even while totally sober. The officer has no comparison of how you would perform the same test on your best day.

5. Being aware of, but failing to eliminate, distractions during SFSTs such as loose gravel, surfaces that are not level, environmental issues (misting, wind blowing, darkness), flashing lights, etc. These factors are under his control since he picks the time and place for the testing.

6. Failing to give proper instructions during the instructional phase of the SFST's. If any one of the SFST elements is changed, the validity of the test is compromised! Officers will later say that he "substantially complied" even though any deviation on your part results in failure.

7. Failure to give proper instructions during the administration phase of the exercise – if any of the SFST elements is changed, the validity is compromised! The Officer must give proper instructions and demonstrate the test to the citizen in the proper manner before the Walk and Turn Test and One Leg Stand Test can be performed. If the Instructions or Demonstration is done incorrectly by the officer then the results cannot legitimately be used against the citizen.

8. Failure to follow proper sequence of the SFST as per NHTSA Manual – if any of the SFST elements is changed, the validity is compromised! The officer cannot just make it up as he goes, although this is how many officers do their job.

9.. Administering invalid “tests” which are not supported by research studies – the officers are using exercises which have a 50/50 reliability rate (flip a coin). Many DWI cops will use tasks that they know have been rejected by the researchers and are not part of the Standardized program.

10. Tricking the person/driver to take the breath test by suggesting they will be released if they pass the test. Also, reading the paperwork to the person incorrectly or using outdated paperwork - renders the breath test result suppressible. Believe it or not, there are rules that the cops must follow in order to get the breath test results into a courtroom.

[ploto]

"I had a lot earlier but not tonight."

She could still be legally intoxicated. You metabolize .015 BAC per hour. If you are at .17, it would take 6 hours to get to .08. I have no idea how much a lot is.

[Slydragon]

You can refuse a breathalizer though.

As for DWIs, anyone here of that story in SA about the wrong way driver killing a man and hitting two cars injuring 4 others on 90 earlier this week? I came back from that funeral earlier today.

So yeah.

I wanted to go yesterday or today but I was scheduled to work and could not get it off.

[CosmicCowboy]

I made the mistake of consenting to a breathalyzer once (about 30 years ago) when I was stone cold sober and the cocksucker made me do it three times and fiddled with calibration till it gave a false .01. Bastard.

I had gone on a fishing trip on our companies 46ft Bertram...We caught a few fish but it was so rough we came in early (before noon)...because the captain cut our trip short he let us split up the beer he had allocated for the trip...so when I got pulled over driving home for speeding I had a big ice chest with fish/beer he just assumed I was drinking.

Cocksucker. I spent three days in jail before they let me use the phone and it cost me a shitload of money to get out of. Fucking Brazoria County.

I'll NEVER take a breathalyzer again.

[Nathan Explosion]

I wanted to go yesterday or today but I was scheduled to work and could not get it off.

There were tons of people and it was fucking HOT at the cemetary.

[Nathan Explosion]

I made the mistake of consenting to a breathalyzer once (about 30 years ago) when I was stone cold sober and the cocksucker made me do it three times and fiddled with calibration till it gave a false .01. Bastard.

I had gone on a fishing trip on our companies 46ft Bertram...We caught a few fish but it was so rough we came in early (before noon)...because the captain cut our trip short he let us split up the beer he had allocated for the trip...so when I got pulled over driving home for speeding I had a big ice chest with fish/beer he just assumed I was drinking.

Cocksucker. I spent three days in jail before they let me use the phone and it cost me a shitload of money to get out of. Fucking Brazoria County.

I'll NEVER take a breathalyzer again.

I was coming back from Austin after seeing a show. This was before I was 21, so I couldn't drink in a club. Also, I actually didn't drink, hated alcohol. Anyway, I got pulled over for doing 106 in a 65 (was trying to beat my friend's record of coming back from Austin).

I smelled like beer because of the concert, told the cop I don't drink and couldn't because I was under age. I tried showing him the huge X's on my hand that showed I was a minor and they had rubbed off. He gave me a breathalyser to which I consented. When it was done I sneaked a peak at it and saw a reading of this 0.00. I actually told the cop, "I told you I don't drink" when he was putting it away.

I know lots of people deny drinking, but I was making so many efforts to show him that not only don't I drink (at the time), but couldn't drink because the club wouldn't have let me. Of course, he didn't believe me.

[ploto]

I was coming back from Austin after seeing a show. This was before I was 21, so I couldn't drink in a club. Also, I actually didn't drink, hated alcohol. Anyway, I got pulled over for doing 106 in a 65 (was trying to beat my friend's record of coming back from Austin).

I smelled like beer because of the concert, told the cop I don't drink and couldn't because I was under age. I tried showing him the huge X's on my hand that showed I was a minor and they had rubbed off. He gave me a breathalyser to which I consented. When it was done I sneaked a peak at it and saw a reading of this 0.00. I actually told the cop, "I told you I don't drink" when he was putting it away.

I know lots of people deny drinking, but I was making so many efforts to show him that not only don't I drink (at the time), but couldn't drink because the club wouldn't have let me. Of course, he didn't believe me.

So you are driving 106 MPH in the middle of the night- surely, the cops questioning and disbelief is understandable.

[Blake]

"I had a lot earlier but not tonight."

She could still be legally intoxicated. You metabolize .015 BAC per hour. If you are at .17, it would take 6 hours to get to .08. I have no idea how much a lot is.

that was the apparent miscommunication that got the cuffs on her.

She had (been drinking) a lot earlier in the day

She had/never does drink "a lot"

[Blake]

I misheard her...

turns out it was just one cop.

Based on everything I here, we are hoping the prosecutor is sensible enough to dismiss this case.

Also, she noticed her license was not returned to her, which apparently is standard operating procedure because of the coming 90 day suspension......

Our/her lawyer said to book it on down to the DPS office, say "I lost my license" and get a new one before all of this is put into the system.

Luckliy for her she did that and has a legal license to be driving.

The $$$$$ part of this still sucks ass, even though she will most likely get off.

[Blake]

Anyway, I got pulled over for doing 106 in a 65 (was trying to beat my friend's record of coming back from Austin).
.

well that's pretty stupid

[Nathan Explosion]

well that's pretty stupid

I was like 19 at the time. Of course it was dumb. However, while I had been driving fast, I exhibited no signs of being drunk. How do I know? I HAD NEVER BEEN DRUNK IN MY LIFE. Part of the reason for giving a field test is suspecting someone is drunk by their behavior. I was acting like a sober teenager.

I actually didn't start drinking until I was 21 and had vodka for the first time.

And if anyone cares to know, I made it back from Austin in 35 minutes (found out my car shut down at 125 somewhere around New Braunfels).

[ynh]

You exhibited no signs of being drunk other than going about 40 miles over the speed limit. Damn shocked you didn't get wreckles driving and your drivers license taken away. Least that is what would of happened in IN if you did that.

I would say going that fast you could walk out of the car like a catholic priest and still be asked to take a test and you shouldn't think twice why.

[Oh, Gee!!]

always cooperate with the police--that's the best advice

[Jekka]

Not sure about TX, but at least a few states have passed laws that essentially say using public roads means subjecting yourself to the possibility of a breathalizer; refusal is a crime in and of itself and can even amount to similar penalties to a DUI. This is from an article I read on USA Today online, about non-English speakers refusing breathalizers indirectly, so I can't vouch for how many states do it or how strictly they enforce it.

We have an implied consent law here in New Mexico - refusing a breathalizer alone is a crime and they can suspend your license for a year. And, even if you're under the legal limit, if the officer thinks that your driving is impaired they can charge you with DUI. There's a pretty huge problem with it here, though. I get stuck in rubbernecking traffic all the time on my way to work for accidents that happened right in front of the reservation casinos.

[thispego]

Cops deserve little to no respect and should consider themselves lucky to get that. No cop has ever helped me, they've only ever been out to hurt me. They are out serving their own ego starved interests and serving the peace is an afterthought.

FUCK THE POLICE

[Nathan Explosion]

You exhibited no signs of being drunk other than going about 40 miles over the speed limit. Damn shocked you didn't get wreckles driving and your drivers license taken away. Least that is what would of happened in IN if you did that.

I would say going that fast you could walk out of the car like a catholic priest and still be asked to take a test and you shouldn't think twice why.

I didn't say I thought twice as to why. What I said was, you have to show signs of impairment in TX to be asked to take a test. I didn't. Go read those 10 mistakes cops make list I posted. In Texas I was actually asked wrongfully. I wasn't weaving in and out of traffic and was only pulled over because I let the cop catch me. I walked a straight line and actually was very coherent. Hell, I learned long ago how to say my ABC's backwards while high and can definitely do it when I'm drunk, so that test wouldn't prove anything.

The cop was at least a mile (maybe more) behind me with an exit to a street, another highway or the ability to keep going straight less than 30 seconds ahead of me. Had I wanted, I could have exited to the other highway (Loop 410 West) or the street and he wouldn't have had a clue where I went. Hell another minute and I could have stayed on 35 or exited Loop 410 East/South. That's 4 different options and he would have been too far away to have seen me do it.

I know for damn sure he didn't get a make or model and I'm sure he wasn't even the cop that saw me as the only cop on the road that saw me had someone already pulled over. He might have radioed ahead to another cop.

For those who live in San Antonio, I was in Selma when I passed that cop. He caught up to me (again because I dropped my speed to 50) a 1/4 from the I-35/410 exit. That's about a good 11 miles according to Google Maps. Had I kept going any faster than 60-70 (speed limit is 65 on that stretch) I'm gone and he has no clue.

Having said all that, I actually pulled off the highway and into a well lit parking lot so the cop wouldn't have to stand on the side of the highway while real drunk drivers were on the road. I actually do that no matter what time of day or how fast I'm going.

In the end, I laughed my ass off when I got back in the car. I had gotten two tickets previous that I felt I didn't deserve. One was for speeding when another car in the next lane left me in his dust (wasn't racing just driving), yet I got pulled over. And there was no way in hell I could really prove he clocked the other driver and not me.

But I laughed because I definitely deserved that ticket.

[Nathan Explosion]

We have an implied consent law here in New Mexico - refusing a breathalizer alone is a crime and they can suspend your license for a year. And, even if you're under the legal limit, if the officer thinks that your driving is impaired they can charge you with DUI. There's a pretty huge problem with it here, though. I get stuck in rubbernecking traffic all the time on my way to work for accidents that happened right in front of the reservation casinos.

I'm telling you, I'm far from a Harvard law professor, but that sounds like a violation of the 5th Amendment. What happened to "innocent until proven guilty"? While technically the cop isn't saying you're drunk, he sure as hell is implying it. And in criminal courts, implications usually get thrown out. I'm surprised someone hasn't challenged it yet.

[Nathan Explosion]

You exhibited no signs of being drunk other than going about 40 miles over the speed limit. Damn shocked you didn't get wreckles driving and your drivers license taken away. Least that is what would of happened in IN if you did that.

I would say going that fast you could walk out of the car like a catholic priest and still be asked to take a test and you shouldn't think twice why.

See, taken off my list.


2. Turning odor of alcohol into intoxication and using it as evidence of excessive consumption. Other factors that may cause an odor of alcohol include mouthwash, denture solutions, or having an alcoholic drink accidentally spilled on one's clothes, minimal consumption, etc.

I was at a concert. I had a ticket stub to prove it and I told the cop I didn't drink and had lots of beer spilled on me. I don't drink beer, even to this day, so if I smell like it, 99% of the time it's because someone spilled it on me.

Again, he had right to pull me over, but had no reason to actually give me a field test. And having said that, I blew a 0.00% and told him so when I sneaked a peak as he looked at the result.

[21_Blessings]

Your friend is retarded for admitting she had been drinking. Seriously, how dumb can you be?

Considering the chain of events she could probably contest this and the cop most likely won't even show up unless he's a massive blowhard with no social life.