DUI defense question - Page 3

chaos14 · 04-05-2006, 07:03 AM

i understand the point of the law but thats really shitty if your afraid of needles and aren't drunk,
also if they dont get tested can they really be convicted with just field sobriety tests?
i would think a good laywer would be able to get you off real quick in that situation

OFFICER737 · 04-05-2006, 07:11 AM

Quote:

Originally Posted by chaos14

i understand the point of the law but thats really shitty if your afraid of needles and aren't drunk,
also if they dont get tested can they really be convicted with just field sobriety tests?
i would think a good laywer would be able to get you off real quick in that situation

Yes they can soley convict on field sobriety tasks. They have done this for years. The BAC just augments the officer's decision if the driver was too drunk to be operating the vehicle safely. It's another reason why they are making standard field sobriety tasks.

I prefer the blood testing because not everyone is intoxicated just on booze. Several times I have charged people with DUI because they had enough illegal and legal narcotics in their system to push 5 times the legal limit. I have a case coming up where the lady was 7 different illegal narcotics and struck a car in the rear end and sent all 3 occupants to the E.R.

Jiggly · 04-05-2006, 07:17 AM

He took the big blow test but he wouldnt give consent to the needle not sure what the law is here on that

OFFICER737 · 04-05-2006, 07:28 AM

Quote:

Originally Posted by Jiggly

He took the big blow test but he wouldnt give consent to the needle not sure what the law is here on that

Most places they are only required to take one chemical test. If he did the intoxilizer then he doesn't have to take the blood unless they suspect narcotics being involved.

Another reason I use the blood because it is less down time. In 15 mins I can get the blood test and be gone (though it can take 6 weeks to get the results back). With the breath test you have to physically sit and watch the person for 20 mins. prior to the test and you can't be working on the paperwork or anything either. If they puke, belch, eat, smoke, drink or anything that may cause the machine to be thrown off you have to start the entire 20 min. all over. The newer machines have a 20 min. timer on them you can't bypass either....it even records the start time and test time on the paper receipt it gives.

At my dept. we don't have the intox. machine there. If we decide to use it we have to stop at the police dept., take the pictures of the arrestee, fill out the warrants, wait for the commissioner to get there to sign off on the warrants, them issue a bond and a mittimus, we then do an arrest sheet for the jail, then we load them back up in the carand drive them to the sheriff's dept. that houses them, sit them in front of the machine, set the machine then wait 20 mins. before we can give the breath machine and like I said before, if they do anything to throw the machine off we start the machine all over again.

dreesemonkey · 04-05-2006, 07:50 AM

PA you can get a DWI for riding a bicycle. You can also get a DWI for riding a lawn mower drunk or working on your car in the driveway. Apparently the law is if there is a direct conduit to the road (in the case of working on your car in the driveway), in this case the driveway, you can still be charged. I'm not sure the likelyhood, but I have heard of a few people getting DWIs on bicycles.

psudy · 04-10-2006, 11:23 AM

If you were to refuse both the field test and the BAC test, and are not stumbling drunk, a good lawyer can get you off. A lawyer once told me to never take the tests.

There was a case a while back were the defendant challenged the BAC machine. The defense wanted the calibration method of the machine, and the company that makes it would not give it up. The case was dropped. Your friend could try that approach since they read differently. He could say he burped into the machine while he was blowing too. That could give an elevated score. These are long shots, but that is all you really have in a DUI case.

Drssesmonkey, I think they would have a hard time convicting you for DUI while working on your car. They would have to trespass to approach you. You could also argue that the car doesn't run, so there is now possible way you could have driven off.

LiViN's Easy · 04-10-2006, 02:07 PM

Get a damn good and I mean damn good hurt your pocket book lawyer. Friend at work(doesn't drink anymore really since this) use to drink alot all the time anywase... point is ... He got stopped and nailed with DUI, asked a cop to recommend a lawyer and it turns out 4-5 cops have been busted for dui locally, all dismissed. Went to court and when the officer was testifying and said he pulled him over for stopping a tad over the stop sign line at the intersection. Soon as the judge heard that while the cop was still talking he told him to stop and told my friend sorry for wasting your time yada yada....Set my friend back a hefty penny for the lawyer.

anywase I know the story isn't going to help

you but break the bank and get a damn good lawyer. Something this severe calls for it.

Jiggly · 04-12-2006, 09:12 AM

Sweet thanks for the new input - I am a Metrologist (calibration tech) so maybe I could testify as a professional ;)

madska636 · 04-12-2006, 02:39 PM

if your over the legal BAC limit, just admit to your mistake, pay the price for it and learn a damn good lesson in the process. thats my 2 cents

LiViN's Easy · 04-12-2006, 03:59 PM

Quote:

Originally Posted by madska636

if your over the legal BAC limit, just admit to your mistake, pay the price for it and learn a damn good lesson in the process. thats my 2 cents

Pay the price as in for a damn good lawyer and learn from your mistakes from that. You don't want to loose your license for a year and have that on your record. Then DONT Do it again! could of killed me.