Refusing a breathlizer after passing the field sobriety

[The_Waco_Kid]

Originally Posted by acp5762

Well there is a difference between 1.0 and 0.10, if you had been paying attention in Math class you would know the decimal place changes the value of the number. Oh and another thing I foregot to ask you, what the shit are you doing throwing Beer cans out of the window of your car? Thats illegal in this galaxy, it's called Littering. Another thing I don't get is you went from driving a Trans-AM, probably a MidNight Blue Metallic to a white Pickup truck a Toyota at that. I don't know what this Dewars is, sounds like some kind of Rock Gut. Whatever happened to Crown Royal, I mean if you're gonna drink. Dude get your life back in order. Oh, and it wouldn't hurt to take a remedial Math Course, lol. Play safe.

Who said i WAS throwing those beers cans? I didn't. And a typo is just that. And you know, you suddenly impress me .. as a world class ASSHOLE.

Seems like YOU need a remedial lesson in reading comprehension and spelling. Next will come the usual "hey man i was just kidding" post.

I'm not kidding, you're an ASSHOLE.

[acp5762]

Many years later leaving my home Galaxy, heading back to my new Galaxy (Texas) i got pulled over. Why? some trucker reported to the state police that they had seen a White Toyota 4x4 weaving in and out of traffic and throwing beer cans out the window. Two Truckers actually blocked me in and "held" me until


Two truckers saw ya throwing Beer Cans and blocked ya in until the Police got there. Thats what you wrote, its no typo.

[The_Waco_Kid]

Originally Posted by The_Waco_Kid

Was i the guy throwing beer cans out of my truck? Nope. Had i drank anything that day? Nope.

Really? Don't think so asshole. YOU read it again, if you can.

for the last time, you are an ASSHOLE. I have to hand to you, you are the first person I've ever had to quote myself on this board to show what an ignorant ASSHOLE you are. Good night, ASSHOLE.

[acp5762]

Originally Posted by The_Waco_Kid

Really? Don't think so asshole. YOU read it again, if you can.

for the last time, you are an ASSHOLE. I have to hand to you, you are the first person I've ever had to quote myself on this board to show what an ignorant ASSHOLE you are. Good night, ASSHOLE.

Whatever you were trying to convey you did a shit job of it. Most people on here are as dumb as you so they wouldn't know poor writting skills anyway. So I guess you are trying to sell the idea the Truckers blocked you in by mistake. Yeah right dipshit.

[ObyDATY]

Originally Posted by DFW Airwold

OK I have a question. I dont drinkl or rarely do. Usually only when I am on a Cruise Ship & not driving it. Anyway. If I request a BLOOD TEST. Is there any kind of Medical Condition that could cause a FALSE POSITIVE. Like High Blood Sugar from Diabetes or such. Just wondering.

NO, and if there is any question about the validity of the test the blood is retained as evidence and can be retested years afterwards.

There are different levels of testing, specifically for drug testing, which require specialized equipment. Using the most acute test methods and equipment there is no chance for miss identification.

[acp5762]

Originally Posted by medingdong

This happened in Texas. A friend of mine was pulled over directly in front of the bar he left. The police officer immediately ask him to get out of the car.. not stating why he initiated the traffic stop in the first place. My friend passes the field sobriety test, then the cop asks him to blow. He refuses and gets arrested for a DWI. Will this hold up and lead to a conviction? This happened in Texas.

I bet there is more to this story than your friend actually told you, so it's hard to say. But then again you did say it happened in Texas.

[The_Waco_Kid]

Originally Posted by acp5762

I bet there is more to this story than your friend actually told you.

and i bet there's more to YOUR story than you say. Seems you "always" question everyone's account of what happened, when in fact you weren't there to know the difference, were you?

and you're not a lawyer AND you didn't stay at a Holiday Inn.

[acp5762]

Originally Posted by The_Waco_Kid

and i bet there's more to YOUR story than you say. Seems you "always" question everyone's account of what happened, when in fact you weren't there to know the difference, were you?

and you're not a lawyer AND you didn't stay at a Holiday Inn.

It's my perogative, if I want to question someone's account of something ok. It's no skin off your back is it?

[Mr MojoRisin]

I was stopped once. I think it was the early 90's. I didn't refuse the breath test. I blew a 0.7, they ticketed me for Careless Op and Improper Lane Usage. and sent me on my way. I had been out a little while. I knew I wasn't really drunk. I guess if I had refused they would have arrested me.

[Powerdrive]

Originally Posted by acp5762

I bet there is more to this story than your friend actually told you, so it's hard to say. But then again you did say it happened in Texas.

It was actually me man, I'm just paranoid is all. What I wrote is an accurate account.

[acp5762]

Originally Posted by medingdong

It was actually me man, I'm just paranoid is all. What I wrote is an accurate account.

Haha, Paranoid over what exactly? Iam willing to bet the cops that stopped you were assigned to the DWI Task Force. Thats all they do is watch for motorist that could be under the influence. They do like to pull people over as they are leaving Bars. They pretty much know what they are doing though. I am not saying their cases can't be beat, but they fair a whole lot better than the average Patrolman that comes across a DWI every once in awhile. If you refuse the Breath Test they have to arrest you. If they didn't it would be against their departmental policy as well as state law, at least in Louisiana where I live. Some people think the Breathalizer is rigged and no matter what, you'll flunk it. Thats not true people do pass it. Well hope your case ends up in your favor.

[Powerdrive]

Nah man, this guy was a complete rookie. The FST won't hold up because it was in no way standardized, blah blah blah. Cop was just being a dick. In my town, they don't have a DWI task force, and darn sure not on a wednesday night.

[The_Waco_Kid]

Originally Posted by acp5762

It's my perogative, if I want to question someone's account of something ok. It's no skin off your back is it?

i question YOU. It's no skin off your back is it?

[thisguy23]

Originally Posted by ShysterJon

I think there are a few good anecdotes in this thread. But one problem with anecdotal evidence is facts and circumstances differ from case to case, so it's iffy to apply the outcome in one specific case to other cases.

On the other hand, there are some really glaring misstatements of the law in this thread. For example, refusing to give breath or blood is NOT evidence (and CERTAINLY not per se proof) of DWI. Writers in this post confuse the criminal DWI case with the ALR (administrative license revocation) case. Also, cop cars parking outside bars isn't illegal "profiling," just like cops parking in areas with lots of crack houses isn't profiling.

Sometimes I come across a thread like this and change hats from lawyer to janitor and clean everything up, but it's college football season so instead I'm going to post an updated version of my Texas DWI Law thread. But I'll wait 'til after Texas-okiehomo because I wouldn't want to inadvertently help some okie hillbilly avoid getting arrested driving his crappy dooley shitfaced in my fair city and not getting ass-banged in Sterrett because he's wearing a cute polyester lesiure suit.

But I digress.

In Texas, the State can prove DWI either or two ways or both ways because "intoxicated" means:

"(1) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (2) having an alcohol concentration of 0.08 or more."

See Texas Penal Code § 49.01(2). With this definition of "intoxicated" in mind, here are a few basic principles, which when applied, should help a person avoid being charged with DWI or, if he is charged, being punished harshly:

1. Like ck1942 said, don't drink and drive. It's ridiculously stupid and selfish. I don't care if you die. I care if you kill my daughter, my wife, me, my family, my friends, or some other innocent person.

2. If you ignore this advice and drink and drive anyway, and you are asked to give breath or blood:

a. if you have had any alcoholic beverage within 4 hours of the stop, then don't voluntarily give breath or blood or perform FSTs (field sobriety tests). (In the past I've said 12 hours, but I'm fairly certain from attending expert seminars that pretty much everybody is going to have a BAC of less than 0.08% after 4 hours have passed since the last drink.)

b. if you can't CLEARLY remember when you had your last drink, then don't voluntarily give breath or blood or perform FSTs. You may read the foregoing and think, but ShysterJon, if I refuse to blow, my driver's license will be suspended! Yes, in Texas a person's license is automatically suspended for 180 days if he refuses to blow or give blood (but only 90 days if he voluntarily gives breath or blood and it shows a BAC of 0.08% or higher). But trust me, if you pick up a DWI case, your license being suspended will be the least of your worries. In Dallas County and all counties I know of in North Texas, a person whose license is suspended for a breath or blood refusal can easily get an occupational driver's license that will allow him to drive for up to 12 hours each day, overriding the suspension. Driving on an ODL may present inconveniences, but my view is it would be more inconvenient to share a bunk at Sterrett with a big guy named 'Junior' because I was a smart guy and thought I could beat the intoxylizer.

3. Do I need to say it? Okay, I will:

STFU!

In 95% of the DWI videos I've watched, the client admits having had something to drink. But I'm really not complaining. If people didn't make such admissions, I'd have to sell insurance or something for a living.

Just wanted to be clear on this...
These Okies you are talking about are they the same ones who put the longhorns over their knees today and spanked their bare asses?

[ShysterJon]

Originally Posted by thisguy23

Just wanted to be clear on this...
These Okies you are talking about are they the same ones who put the longhorns over their knees today and spanked their bare asses?

I really can't say. After the game, I had an emergency appointment with my doctor and he gave me a special elixir that blotted out all my memory from Saturday. He said it was developed by some guys named Haldeman and Ehlichman in the 1970s. But seriously, I think OU may be the best team made up largely of players from Texas that I've seen in a long time.