Way To Avoid The Hassle At DUI Checkpoints

[Heisenberg]

Don't let your loved ones drive after a little Nyquil either.

She can't feel her legs. How's she gonna drive?

 

[SoCalprodigy09]

stay at home, invite a few biddies over, get shitfaced and do the no pants dance


win/win/win

Lol good luck doing that in my area

 

[BKMMAFAN]

Well the laws are the same in every US state. Refusing a breath test isn't a criminal offense, it's a breach of the contract you signed with the DMV. So the DMV can suspend your license and fine you, but the criminal courts cannot punish or adjudicate you guilty of DUI for your refusal to incriminate yourself.

Refusing to take a breath test if you're stone cold sober is a highly questionable strategy.

I recommend that people refuse if they believe they may possibly blow close to the limit. Moreover, in almost all states the reliability of the breath test can be attacked in court (it took Ohio until Oct 2013 to catch up with the rest of the country).

Also, many judges will grant motions to stay the administrative license suspension and grant limited privileges while the case is going through the system (especially for first timers). I can't see why someone who is being detained for DUI/OVI and is stone cold sober would refuse the breath test.

 

[Flemmy Stardust]

only a white guy could get a way with this.

If i tried this, they'd shoot first and read later.

I was a passenger in a black dude's car when he got pulled over not long ago. It was an eye opener.

I always fumble about haphazardly when i'm pulled over, grab shit out of my pockets, reach for whatever compartment...he had to announce every little movement before he made it.

 

[sohocanaan22]

DUI =/= DWI

You can get a DUI for taking cough medicine

Good grief. Am I the only degenerate in this place? I've driven drunk hundreds if not thousands of times. Including a few blackouts. I've had to sweat out two separate rounds of roadside testing while shitfaced. I've even quit drinking--seven years ago--and was lucky enough to do so without having done any harm to anyone-thing .

As such, not only am I an expert on the subject, I get to wag my finger at people.

1. In the U.S., DUI and DWI are interchangeable terms: "intoxication" isn't literally confined to booze.

2. Cough medicine is loaded with alcohol. (Certain kinds have incredibly strong effects that render you completely fucked and are addictive.)

3. The highway patrol are the smart ones. They'll put up a huge heads-up sign for a cop checkpoint in x number of miles. The drunks all get off on the exit in x-1 miles, and and guess who's waiting for them.

4. You don't have to blow if you don't want to--unless you fail roadside testing in which case it's illegal to refuse. But go ahead and break that law. You'll pay a nasty fine and lose your license for a year, but even the cheapest lawyer will keep you out of jail and your record clear.

5. That video is asinine. Despite the fears of our black helicopter libertarian brothers, the cops have no interest in detaining you unless you're wasted. There is no better way to prove sobriety at the wheel than to pull up with some elaborate set-up like that packet with his license and all that shit high-lighted. If we could see a youtube from the cops perspective, it would be fucking hilarious.

That said, if the nerds in the vid really wanted to test their stroke of genius, the driver should be drinking water from an emptied out vodka bottle. That could lead to something genuinely interesting to talk about.

 

[faustian]

Refusing to take a breath test if you're stone cold sober is a highly questionable strategy.

I recommend that people refuse if they believe they may possibly blow close to the limit. Moreover, in almost all states the reliability of the breath test can be attacked in court (it took Ohio until Oct 2013 to catch up with the rest of the country).

Also, many judges will grant motions to stay the administrative license suspension and grant limited privileges while the case is going through the system (especially for first timers). I can't see why someone who is being detained for DUI/OVI and is stone cold sober would refuse the breath test.

I was already in handcuffs when the officer commanded me to blow. I asked him "If I blow a 0.0, will you take these cuffs off and unarrest me?" He said no

So at that point I know I'm going to jail regardless and I'm faced with the decision of whether to risk incriminating myself by having blind faith that the breathalyzer has been properly calibrated and recalibrated and recalibrated and recalibrated etc, or to simply wait to talk to my attorney. Because I'm getting arrested and charged either way, and by refusing to blow I risk absolutely zero (refusal to blow can't be used against me in court). I knew I was sober and I knew the videotaped roadsides would vindicate me.

 

[kahiljabroni]

Im pretty sure its in response to the recent anti-cop sentiment but this attitude of "if you aren't doing anything wrong then you have nothing to worry about" to excuse police operating outside the law or infringing upon our constitutional rights is misguided, pathetic, and lazy. There are things wrong in this world that are worth discussing...if u just eat up whatever is dictated to u by those in power than why even chime in? Just make a sig that says "im a doormat, and i love big brother because he knows best".

 

[nhbbear]

This beats those whiny "Am I being detained, am I free to go" videos.

[YT]fh83uTQA8_c[/YT]

Hey, that's great until I grab your little packet and cut the cord and dangle it in front of you. You want your shit back? Roll down the window so I can say I smell pot. My sleight of hand is so good, I will pull some planted drugs from your anus and even you will swear it was there.

 

[faustian]

1. In the U.S., DUI and DWI are interchangeable terms: "intoxication" isn't literally confined to booze.

"Intoxication" is relevant to Driving While Intoxicated, but Driving Under the Influence takes on a different meaning

First hit when you google "DUI vs DWI":

Some state laws refer to it as DUI and others call it DWI.
However, in states where both terms are used, DWI usually refers to driving while intoxicated of alcohol, while DUI is used when the driver is charged with being under the influence of alcohol or drugs.

http://alcoholism.about.com/od/dui/qt/dui_vs_dwi.htm

Under the influence of alcohol or drugs opens up an entirely new can of worms with DUI as opposed to DWI

2. Cough medicine is loaded with alcohol. (Certain kinds have incredibly strong effects that render you completely fucked and are addictive.)

Ok I admit cough medicine was probably not the best example to use considering my audience here. Pretend instead that I said coffee, the point remains the same.

4. You don't have to blow if you don't want to--unless you fail roadside testing in which case it's illegal to refuse. But go ahead and break that law. You'll pay a nasty fine and lose your license for a year, but even the cheapest lawyer will keep you out of jail and your record clear.

What law have you broken exactly? The DMV "law"? That's not a criminal offense

 

[Justinquesadila]

Refusing to take a breath test if you're stone cold sober is a highly questionable strategy.

I recommend that people refuse if they believe they may possibly blow close to the limit. Moreover, in almost all states the reliability of the breath test can be attacked in court (it took Ohio until Oct 2013 to catch up with the rest of the country).

Also, many judges will grant motions to stay the administrative license suspension and grant limited privileges while the case is going through the system (especially for first timers). I can't see why someone who is being detained for DUI/OVI and is stone cold sober would refuse the breath test.

Yeah we are behind on a lot of this in the CLE. I have never been stopped by a checkpoint out here though!

 

[fightingrabbit]

The check points are often positioned in areas where you don't have an opportunity to turn until it's too late.

I've seen, in the past (don't know if they still do this) they set up the signs and then the checkpoint without any intersections between. The only way to avoid is to perform an illegal U-turn.

Lol then I don't see why ProtectandServ would suggest this as a viable option..

Or you know, you can just take the turn put prior to the checkpoint...

As if it were a no brainer.

 

[sohocanaan22]

Im pretty sure its in response to the recent anti-cop sentiment but this attitude of "if you aren't doing anything wrong then you have nothing to worry about" to excuse police operating outside the law or infringing upon our constitutional rights is misguided, pathetic, and lazy. There are things wrong in this world that are worth discussing...if u just eat up whatever is dictated to u by those in power than why even chime in? Just make a sig that says "im a doormat, and i love big brother because he knows best".

Do you have any personal experience with a police officer infringing on your constitutional rights? If so, which constitutional rights were infringed?

 

[irish_thug]

Lol then I don't see why ProtectandServ would suggest this as a viable option..



As if it were a no brainer.

Maybe in his jurisdiction they don't take those kind of measures. Or maybe he's just setting you up.

 

[Plutoburn]

I've only been checked once, the police try to get a good whiff, the driver is sober, we weren't, just gave us some pamphlets about driving safety and let us go. Took just about as long as the vid, but I didn't need any props.

 

[BKMMAFAN]

I was already in handcuffs when the officer commanded me to blow. I asked him "If I blow a 0.0, will you take these cuffs off and unarrest me?" He said no

So at that point I know I'm going to jail regardless and I'm faced with the decision of whether to risk incriminating myself by having blind faith that the breathalyzer has been properly calibrated and recalibrated and recalibrated and recalibrated etc, or to simply wait to talk to my attorney. Because I'm getting arrested and charged either way, and by refusing to blow I risk absolutely zero (refusal to blow can't be used against me in court). I knew I was sober and I knew the videotaped roadsides would vindicate me.

I know you were probably not in the best state of mind (due to being arrested), but refusing to blow does nothing to help you there while blowing would have very likely produced a result with which your attorney could have proved your innocence. (assuming you had zero alcohol in your system)

It probably would have expedited the matter and resulted in the charge(s) being dropped without the need for a pricey trial. If you had a couple of beers and thought there was no way you were near the limit then I'd agree with the refusal, the cost benefit just isn't there in that case.

Did the cop use the old "I smell alcohol and your breath and see you have glassy, bloodshot eyes" routine? They do it nearly every time.

 

[Michaelangelo]

No it's really not that simple

I was once pulled over by a "DUI task force" in college town Gainesville, FL just after 2 AM on a Sat night. I was stone cold sober, performed the roadside tests and refused the breathalyzer (because anyone who knows anything about breathalyzers should never blow). I was eventually acquitted by a jury who saw the videotaped roadside tests, but only after months of stress and thousands of dollars in attorney fees (amid studying for finals and trying to figure out how the hell I was now gonna be able to afford to register for next semester). It was anything but a simple experience.

Thats fucked up. In Cali you can refuse the roadside test but not the breathalyzer. Some cops just want to bust your balls.

 

[sohocanaan22]

"Intoxication" is relevant to Driving While Intoxicated, but Driving Under the Influence takes on a different meaning

First hit when you google "DUI vs DWI":


http://alcoholism.about.com/od/dui/qt/dui_vs_dwi.htm

Under the influence of alcohol or drugs opens up an entirely new can of worms with DUI as opposed to DWI



Ok I admit cough medicine was probably not the best example to use considering my audience here. Pretend instead that I said coffee, the point remains the same.



What law have you broken exactly? The DMV "law"? That's not a criminal offense

http://alcoholism.about.com??? Next you're going to direct me to Wikipedia.

You can Google to your heart's content, but if you get nailed for driving drunk in SC it's a DUI. If you get nailed driving drunk in CT you get a DWI. Those are objective facts.

You can refuse roadside testing if you want. But if you agree to it, you're claiming you're sober enough to pass. The consequence of failure is blowing or not--if you refuse you're in breach of the law. (If you disagree with this, why did you feel safe in assuming a jury would agree that you passed the roadside tests?) In some states you can fail the road test and refuse to blow in favor of a blood or piss test back at the jail. (Supposedly the blood one is conveneiently inconclusive, but that may be myth.)

Every last bit of this is detailed in the paperwork you have to SIGN AT THE DMV before you can have a license. Why on earth do you keep referring to the DMV as if it were a car rental joint? The DMV is a state agency. The contract you sign includes and agreement to follow that state's driving laws...which are enforced by the cops...and include...DWI...and DUI.

 

[ElKarlo]

The problem with most activists on this topic, border patrol checkpoints, open carry, etc. is that most of them are such douchebags that they don't garner any sympathy for their message. It's sad because the premise is noble and for the good of all.

This. And every year they are bigger douches. I hate cops now. Was a supporter 10years ago

 

[faustian]

http://alcoholism.about.com??? Next you're going to direct me to Wikipedia.

You can Google to your heart's content, but if you get nailed for driving drunk in SC it's a DUI. If you get nailed driving drunk in CT you get a DWI. Those are objective facts.

You can refuse roadside testing if you want. But if you agree to it, you're claiming you're sober enough to pass. The consequence of failure is blowing or not--if you refuse you're in breach of the law. (If you disagree with this, why did you feel safe in assuming a jury would agree that you passed the roadside tests?) In some states you can fail the road test and refuse to blow in favor of a blood or piss test back at the jail. (Supposedly the blood one is conveneiently inconclusive, but that may be myth.)

Every last bit of this is detailed in the paperwork you have to SIGN AT THE DMV before you can have a license. Why on earth do you keep referring to the DMV as if it were a car rental joint? The DMV is a state agency. The contract you sign includes and agreement to follow that state's driving laws...which are enforced by the cops...and include...DWI...and DUI.

Well you're all over the place here and it's been past my bedtime for a while now. I'll just say that I agree with almost none of what you just posted.

 

[Happy Thoughts]

Registered libertarian and never had a problem with DUI checkpoints. No one is a better driver while drunk, biologically impossible. One of the most selfish things one can do. I tell all my friends I can ALWAYS give them a ride if they need it not to mention AAA does FREE rides for drunk people. Buzzed driving is drunk driving.