Dallas wrote:
Breathalyzer that is... and field test.. and blood test.

With respect to your certificate, I was wondering what the best course of
action would be if you had imbibed a couple of cocktails and you were
pulled over and suspected of DUI.

If you THINK or KNOW that you are impaired, shut up, sit down and dont
blow when they take you to the station. Do not answer questions or
perform any tests for the video camera and mic in the field or at the
station - it is all used as evidence against you to prove you were DWI.

By the time you "flunk" a field sobriety test, the average person is
well past 0.08-0.10 (varies by state).

You WILL have your license administratively suspended. Count on it. But
its still cheaper in the long run than a DWI.

I'm not a lawyer, and this is not legal advice. Its my opinion.


For example, a friend of mine blew just above the limit during a traffic
stop. Her advice to people is to never "blow". It took several hours to
get her to the station and by that time, she contends, that she would be
below the legal limit.

I would say never take a field test as those are completely subjective.

Actually, they aren't. There are certain components of a field test that
cannot be faked or suppressed. Nystagmus is one. And the field test is
simply getting video and audio evidence at the time of apprehension. Its
not about probable cause. They had probable cause when they pulled you
over, for whatever reason that was.



Many States automatically suspend your driver's licence for refusal to take
an alcohol test. From a constitutional point of view, I don't understand
why the 5th Amendment doesn't come into play here. Doesn't one have the
right to refuse all alcohol tests on the basis of self incrimination?

Yes you do. But the courts have held that driving is a PRIVILEGE, not a
right. And the continued PRIVILEGE of operating a motor vehicle and
maintaining a license come with conditions attached. Yes, you have the
constitutional right to refuse to provide evidence against yourself. You
also should understand exercising that right may (will) result in the
administrative loss of that privilege. Keep in mind you are being taped
and recorded from the moment the cop turns on his lights to pull you
over. Every thing you say/do is being recorded, so you may unwittingly
provide enough evidence against yourself without a Breathalyzer test.

There is one situation where you can refuse, but alcohol tests are taken
anyways. If the officer calls the DA, and an affidavit is presented to a
judge, a warrant to obtain your specimen with or without your consent
can be issued. Harris (Houston,TX area) County does that already on
major holiday weekends. They arrange central booking, and drive the
suspect downtown immediately, if they refuse to blow, they have a judge
on call in house, and a nurse in house to obtain blood. They call it "no
refusal weekends". Its held up in court.

The other situation is when an allegedly impaired driver seriously
injures or kills another while operating a motor vehicle. You can
refuse, but the law permits a compulsory draw. You can bleed the easy
way or the hard way. But they will get the specimen.

My thinking here is that if there was a good chance you are going to be
over the limit, it would be better to suffer whatever penalty they handed
out for refusal to take the test, rather than actually have a DUI on your
record.

The DUI/DWI will cause more harm than the penalties associated with
DWI/DUI refusal. The best solution is to designate a nondrinking driver,
and avoid the situation altogether, but being a responsible pilot type
you already knew that, right?