it tests breath.. so if the alcohol breath is in your mouth then you will register off the scale.

they need to blood test to be absolutely positive.

Those machines are pretty unreliable. If the alcohol has been consumed recently or if you work around various types of chemicals your BAC will show higher than actual.

That said, the rule of thumb has ALWAYS been no more than 1 drink per hour if you're planning on driving.

 

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Your test was wrong. His BAC was not .12. Breathalyzers, especially the handheld ones, are crap. If you do get pulled over for a DUI and don't think you're over the limit, ALWAYS ask for a blood test instead.


A BAC of .08 will cause most people to be drunk. Not fall out of your chair can't walk straight drunk, but quite buzzed and definitely impaired.


People who think it's ok to drive around buzzed with impaired reflexes and coordination are idiots and deserve what they get. Crying because you got a DUI even though you arn't so drunk you can't walk just shows you're a thoughtless egoistic moron and they should do something serious to you before you end up killing someone.


I have no sympathy for drunk drivers who act like victims because they weren't drunk "enough." If you are drunk enough to feel the alcohol you are too drunk to drive and deserve what you get if you get a DUI.

1 beer, within an hour, is enough to impair your driving capabilities whether you think so or not.

Easy rule of thumb - If you've had anything to drink within the last hour or so... don't drive. Pretty simple.

 

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The problem with this course of action is that the cops will TELL you all kinds of crap to attempt to convince you to take the breathalyzer. They will tell you that you're facing an immediate automatic license suspension whether guilty or innocent for refusing the test (when in reality you only get the automatic suspension whether guilty or innocent if you refuse the blood test TOO and make them get a warrant for it, which they will do in 15 minutes).

Sweeney is right in one respect - cops are pretty willing to do or say anything ESPECIALLY with the whole DUI thing, even though what they're doing or saying aren't legal... but of course... whose word is the court going to believe the "drunk" who says the cops coerced him or the cops who say everything was according to Hoyle, right down to their falsified calibration certificates for their breathalyzers and such...

Nevertheless, I still agree that DUI laws are necessary and that drunk driving is a reprehensible thing to do. However, the whole DUI thing has definitely led the way towards our current state of extremely militarized cops who pretty much do what they want and get away with it...

 

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But that's wrong. Which is why it's important to know what the law is yourself.


Cops get the law wrong all the time. Sometimes on purpose, sometimes not. It's always better to know what the law is yourself so you don't end up having to take the cop's word for it.

Of course it's wrong. The cops know damn well it's wrong when they say it to you. They do it to coerce you into taking the field breathalyzer because they want the bust to go down and be on the books. That's the way it works. See above for the discussion.

As for expecting every citizen to know the law themselves - that's a great idea - except what are you going to do when you have 2 250 lb state troopers that look like fkn body builders, each of whom can bench press 500 lbs screaming in your face "DO YOU WANT TO LOSE YOUR LICENSE? IF YOU REFUSE THIS TEST NOW, I'LL JUST CUT YOUR LICENSE UP RIGHT NOW, AND WE'LL CHARGE YOU WITH (12 other things that are also bullsiht but which they say so that they can coerce you into doing what they want)!

Yuki, whether or not you want to believe it happens this way, that's how it happens unless you just roll over and play docile with them. The moment you start to talk about lawyering up and wanting a blood test and all that crap, is when you get their wrath turned on you.

Incidentally, this is not just from personal experience, but from the word of my dad and from friends of his in casual conversation with me telling me exactly what they do and why.

Yeah, sure maybe some cops act professionally, but only if they know they're being recorded and not by their own dash cams, but generally speaking, you go ask ANY cop about this, they're pushing HARD and will tell you whatever they think they have to to get you to comply, even if what they're telling you is wrong, even if what they're telling you amounts to illegal threats - and they do it because they can.

 

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I was riding in the car with a friend of mine. He isn't a practicing lawyer, but passed the bar 15 years ago. He was nothing but compliant but refused to take the breathalyzer and the cops did exactly what you said, even cuffing him on the ride to the police station. I saw the whole thing and it basically changed my entire view of the police. There was no reason to cuff him, no reason to get belligerent and he did nothing to warrant such behavior.

I think the police will always cuff if they take you in as a suspect of criminal behavior. It's just procedure.


The only thing I dont like is that the cops will pull your blood at the station - i'd prefer if they went to a hospital to do it.

Thankfully I don't drink because I'd be screwed. I can't give blood without passing out since they can never find my veins. Last time the doctor just gave up after poking around for a while (not one drop of blood!) because I had gone paper white. No f***ing way I'd get my blood drawn at a police station.


Reason enough for me not to ever drink and drive.