Posted on 01/09/2013 10:39:07 AM PST by Theoria
Keep a vial of blood handy in case you’re pulled over. Problem solved!
Of course they do, they work daily at rendering the entire Bill of Rights moot. They've been so successful at destroying the 4th Amendment that its existence is barely even mentioned any longer.
I'm pretty sure they would have to shoot me. No one sticks a needle in my arm. No one.
FMCDH(BITS)
the concept of “implied consent” is one of the more evil ideas to come out of our police state.
Refusal to Take the Test is the offense. Kinda hard to get out of that.
I ask this because I was falsely suspected of intoxication a fewdays ago.
All three Emergency Rooms in my county have dedicated fax machines with speed dials to the judges’ homes. If the cops have a DUI suspect who refuses the breath test, or the cops suspect controlled substances, judge has a fax of a probable cause affidavit in front of them in about 10 minutes. The warrant is faxed back to the ER about 5 minutes later.
Although it might involve waking up a judge at 3:00 a.m., it’s pretty much a rubber-stamp procedure. By the way, the judge doesn’t like being woken up at 3:00 a.m. and remembers that when the case goes to Court.
In Indiana, as noted in a couple posts above, they routinely do the warrant for blood draw. Refuse everything, and you get the one year license suspension under implied consent for the refusal. Then they also get the search warrant for the blood draw and get the evidence they need to convict anyway. The license suspension for the conviction for DUI is by law stacked on top of the one year suspension for the refusal.
Don’t refuse the test. Better than that, don’t drink and drive.
I was actually including breathalyzer as a roadside test. I don’t think I’ve ever heard of anyone refusing to do the physical tests, although I suppose some have. Sorry for the confusion. Refusal to take either a breath or blood test will get a six-month suspension.
Officer said that she crossed the yellow line. His car video that was shown in court proved that she did not.
He says that was the reason for the pull over. Once pulled over he asked if she had been drinking and she said, “no.”
He asked her to do a road side test and she passed. He even admitted during the trial that she passed.
He then arrested her for DUI.
It was that simple.
Well, after the fourth policeman shot me with his taser, I gave them a urine sample. My pants filtered it, somewhat.
Not really.
The road-side test is designed specifically so that the person fails. All DUI judges know that. It’s the first argument laid out by a decent DUI lawyer to argue that the test is biased and unfair and should get tossed out.
Refusing to take the road-side test while also refusing that you have been drinking will get you a ride to jail, but doesn’t mean that the charge will get filed by the DA.
However, if you are too drunk to talk or walk then you’re in a different boat.
In GA there is a simple court filing within the first.... 2 days or something - it’s pretty quick - and you get your license back. If you wait after that then you aren’t going to get it back until after the trial (if you’re acquitted).
At least on the first DUI. Dunno about after that.
They do in Las Vegas. If you refuse they will tackle you to the floor, pin you down and stick a needle in your arm.
Thats what they did to me.
I was just going to Walmart to get some taco shells.
Welcome to the police state.
In North Carolina, refusing to take the test results in a Refusal to take the Test charge.
here is New jersey
Interesting.
I’d take that over a DUI... ;)
With a DUI, you can get limited driving privileges. With a refusal, you can’t. In NC anyway.
“With a DUI, you can get limited driving privileges. With a refusal, you can’t. In NC anyway.”
That says a lot about how biased the road-side test is.
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