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Originally Posted by helvetica
have any of you got one??? Id like to know how serious is it? since I have a DUI already... and for the anti dui my dui I was under 21, if you blow a .01 or higher its auto DUI, i passed all the tests and failed the breath. My main court date is on the 2nd, I hope I can talk it down to wreckless driving.
I got one a few years ago. Same rules as a car driver. I ended up with a $200 fine, disorderly conduct charge, and license suspended for 1 year, not that it mattered, I dont drive to begin with. I could get it back though with a court order, no traffic violation involved in my final charge so ohio law says I can have it back for free. NEVER EVER SUBMIT TO A CHEMICAL TEST/BREATHALIZER. Dont even talk to the cops, name and SS#, maybe your address, other than that, F' em, make them earn their pay AND protect yourself. They represent and/or are agents of the municipality, a test is evidence against you, failing it adds physical evidence and a second DUI charge in most states. Without physical evidence all they have is the police report and officer(s), and in some courts that may or may not be worth much. |
Originally Posted by pedex
NEVER EVER SUBMIT TO A CHEMICAL TEST/BREATHALIZER. Dont even talk to the cops, name and SS#, maybe your address, other than that, F' em, make them earn their pay AND protect yourself. They represent and/or are agents of the municipality, a test is evidence against you, failing it adds physical evidence and a second DUI charge in most states. Without physical evidence all they have is the police report and officer(s), and in some courts that may or may not be worth much.
*edit - also most experienced cops (in ND at least, the highest DUI rates in the country) can guess your BAC within .03% just by seeing your pupil dilation when they shine the light in your eyes. |
Originally Posted by pedex
I got one a few years ago. Same rules as a car driver. I ended up with a $200 fine, disorderly conduct charge, and license suspended for 1 year, not that it mattered, I dont drive to begin with. I could get it back though with a court order, no traffic violation involved in my final charge so ohio law says I can have it back for free.
NEVER EVER SUBMIT TO A CHEMICAL TEST/BREATHALIZER. Dont even talk to the cops, name and SS#, maybe your address, other than that, F' em, make them earn their pay AND protect yourself. They represent and/or are agents of the municipality, a test is evidence against you, failing it adds physical evidence and a second DUI charge in most states. Without physical evidence all they have is the police report and officer(s), and in some courts that may or may not be worth much. |
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Originally Posted by Fugazi Dave
Don't be an idiot. Don't ride drunk. Problem solved.
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Originally Posted by pedex
I got one a few years ago. Same rules as a car driver. I ended up with a $200 fine, disorderly conduct charge, and license suspended for 1 year, not that it mattered, I dont drive to begin with. I could get it back though with a court order, no traffic violation involved in my final charge so ohio law says I can have it back for free.
NEVER EVER SUBMIT TO A CHEMICAL TEST/BREATHALIZER. Dont even talk to the cops, name and SS#, maybe your address, other than that, F' em, make them earn their pay AND protect yourself. They represent and/or are agents of the municipality, a test is evidence against you, failing it adds physical evidence and a second DUI charge in most states. Without physical evidence all they have is the police report and officer(s), and in some courts that may or may not be worth much. I think that most states have an implied consent law (or at least Pennsylvania does). Basically, in the documents that the mostly under-literate people don't/can't read when signing for driving priviledges, you agree to consent to blood/urine/breath testing if asked by law enforcement. You do have the right to refuse testing, but there are repercussions for such actions. Often you won't be eligible to enter the treatment based programs, and will be relegated to prison and such. In pennsylvania, you are placed in the highest rate of intoxication (BAC 0.17+) for refusal to test. In most cases, if the officer has to ask if some adult beverages have been consumed, it's game over. The physical evidence just determines your treatment in the CJ system. A high rate of blood alcohol concentration isn't necessary for conviction, and neither are test results. The arresting officer's ability to determine that you have a diminished capability is also enough. To expound on the situation, suggesting some locations where he can put his blood vial doesn't reflect well on the subject's self-control. Someone could conceivably have a low BAC and be extremely impaired. Consider someone who has been drinking lightly, huffing tons of paint thinner and taking large doses of sudafed... The BAC will be (mostly) unaffected by the paint thinner and sudafed, but the impairment will none the less be obvious. |
State by state it varies, but the poster who referenced implied consent got the jist of it.
If there is PC for DUI, which is a relatively low standard, officer can ask for a breath test. Before you refuse "for the record" the officer will inform you that the penalties for refusing the test are considerably worse than the penalties for failing the test. Quiet the conundrum for those who fancy themselves tough guys. Very few people refuse armed with that knowledge. Now if there is an accident that involves physical injury, there is no refusing. Officer will go to the judge to force a sample of blood, breath or urine. This is generally not pretty. On a side note, people who waste the courts time with weak arguements are generally given harsher sentences. Thats just the way it is. Again, state to state, locale by locale will vary. Stay safe all... -Z |
i've gone through one too any bikes to tip my glass at riding drunk. for me, it's a done deal.
...how do you guys get your foot in the clip when your drunk anyways, the last time i tried this, (3am) i think a few people witnessed a drunk guy flipping out on his bike, scary ****. |
NEVER submit to a breath test if you get pulled over.The penaly is about the same for car or bike,however the system is pretty impotent when it comes to doing anything to you for riding drunk. Bikes require no license. You might have to pay court cost etc.. but thats a small price to pay. No breath test=no conviction only refusal. Penalty's are steep for refusing in a car,but few excist for biking.If you refuse it will cost you some $$$,but you will walk away otherwise unscathed.
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