How to get out of a DUI. (california)

I dunno. No license for 6 months... how long is the penalty if you are caught? Seems pretty bad. I know here in PA you CANNOT refuse the breathaliser test and you are ASSUMED DUI if you refuse. IE. You refuse, whether you're drunk or NOT DRUNK, you will be arrested for DUI.

 

In most Canadian provinces I think if you refuse the breathalizer it's equal to failing the test.

Also, what happens after you're bailed out? Everything is erased?

 

How about just take a cab or call a friend.

 

if you refuse the tests, here in missouri that is probable cause, and if they arrest you, i believe they can force the tests on you, but then again, im not quite sure

 

That sounds like a better plan.

 

Yeah. Or don't drink over the limit in the first place. If you have to work out how to get out of a DUI, you're already doing something wrong.

 

Or just don't drink

 

The best solution.

 

You may want to take a look at this;
http://www.california-drunkdriving.org/


I agree with keeping an attorney handy, for they are the experts in Court of law, not the cops. When you have police departments like Sacramento PD that crank people through the system anyway, just to get that revenue, you're going to need an attorney!

 

From what I know of the law (in Michigan mind you) if you refuse the breathalizer you will immediately loose your license for 6 months and the police will take you in to the station. The police will then request a warrant for you blood. Once they have a warrant in hand (this dosen't take as long as one would think) they will then get medical help to draw your blood. If it takes a while the alcohol could metabolize out of your system before they get your blood but why risk it, just stay where you are at, get a cab, or have a friend drive you home.

 

they'll get what they need regardless, it's just like the other rumor, "if you don't speak, they'll let you go." They still smell the alcohol and with all the steps and blocks for probable cause built up, they'll still get their test results...blood or breath.

 

But you still get your license taken away for refusing to take the breathalizer.


Didn't someone on here say his friend kept a small bottle of vodka in the glove box so that if he got pulled over, he'd drink it in front of the cop and they wouldn't be able to prove he was drunk before he did it? Also, calling the cops from a bar if you're in a crash. Once again, they can't prove you were drunk before. Both are stupid things to do imo, but it seems they work

 

Here in IL you should never decline anything (I'm not refusing the test, but I need to speak with my lawyer first), never admit anything (ignore when they ask you the "have you been...") and never blow.

Then call your lawyer and let them handle the case. More than likely if you didn't fall down on the video tape and you didn't blow, the cops will make a mistake and you will have your situation resinded (assuming your lawyer isn't a donkey)!

But, never drink and drive in the first place!!!!

 

But, even if he drank some of the Vodka, that would only escalate his current level? If you perform the SFST, it would show the current condition with a high percentage indicating above legal limits before the effects of his/her swig of that vodka, then not to mention the open container violation possibly as a stacked charge, lol. Also, be careful of witnesses....They can place the individual behind the wheel of the vehicle through testimony.

 

It's an interesting topic. Here's what is on NJ's site.

Refusal to Submit to Breath Test:

1st offense - $250-$500 fine and a 6-month license suspension*
2nd offense - $250-$500 fine and a 2-year license suspension*
3rd offense - $250-$500 fine and a 10-year license suspension*
Automobile insurance surcharge of $1,000 a year for 3 years for 1st and 2nd offenses, $1,500 for 3rd offense
$100 surcharge to be deposited in a drunk driving enforcement fund

 

Yeah...here is the Summary Suspension in IL:

http://www.cyberdriveillinois.com/publications/dui/section4.html

But like I said above...if you don't give them evidence, the cops make a mistake and you have the right lawyer your SS will get rescinded and away you go.

 

Guy is a moron, don't follow that advice. Refusal to take a chemical test in California calls for a 1 year suspension of the driver's license, with no privilege to drive to work, school, etc., and you'll still have to deal with the DUI charge, and the refusal to take the test is admissable. What usually happens is that you lose your license, and you get convicted. Not smart. You end up with 4 ponits on your record, instead of 2 AND they stay there for 7 years.

Best plan is not to speak with the officer, don't talk the fieldside sobriety test, but if asked, you are required to take the chemical test. If you refuse, and the DMV determines that they had probably cause (easy for them, all it takes is testimony that the officer smelt alcohol on your breath), bingo you lose your license. That leaves the state with the effort of proving probable cause for the stop and the basis for the test, which a judge will hear, and I guarantee you that the judge will follow the law, a lot better than the hearing officer for DMV. So your odds are a lot better avoiding the DUI in that manner.

I've done more than a few of these, with pretty good results, and I've seen what happens when someone trys the method selected by this guy. Generally they end up a lot worse off then if they took the test.

Art

 

I cant speak for California, but I was taught NJ law. You have the right to REFUSE a breathalyzer test and tell them you WANT a blood test. This allows your body more time to get the BAC down (by the time they take you in and actually perform a blood test)

Refusal of both is grounds for the charge and conviction. I was taught that a long time ago and i cant say for sure if its still in effect. With NJ being as stringent as they are on DUI in the last 5 years, im sure its still similar, if not worse.

 

I think its the fact that you drunk the vodka in front of the cop so that you ARE drunk then and he has no way to prove you were drunk before. Sure, i guess you could get in a bit of trouble with it. I have no idea and have no intention of finding out

 

I have read that you should always refuse the breathalyzer and request a blood test, since breathalyzers are notoriously inaccurate.

 

That's brilliant advice. Cop pulls you over for suspected drunk driving. As cop approaches your vehicle, he sees you lunge over and retrieve something from your glove box.

You'll avoid the DUI, but you'll get a death certificate issued in your name instead when he sends dispenses a clip of ammo into your car.

 

This reminds me of the "Beating a stoplight camera" thread. People put so much thought and energy into irresponsible behavior rather than just doing the proper thing. Take a cab. Seriously--if you're at such high risk of getting a DUI that you have to drive around with a bottle of vodka in your glove compartment just as a prop to throw off the cops, then you deserve to rot in the pokey for a while. If you're lucky enough not to get the more likely police response 8 Snake mentioned.

 

I'm not sure how the testers work nowadays (I assume they're more sophisticated), but in high school we learned about breathalyzers when we were taking driver education. At the time (7-8 years ago) the most accurate breathalyzer they had was a 1'x1' machine that used a liquid chemical to determine BAC. You breath into a rubber hose on the side of it. If you loaded up on Binanca or other alcohol based mouth fresheners you could "smoke" the chemical. ie, you would register such a high BAC, like .7 (not .07, .7 as in 70% alcohol) that the chemical would no longer work and would have to be replaced, which they generally weren't prepared to do on the street. It was a simple vial, around half the size of a normal syringe. I'm not sure of the chemical other than it being a clear liquid.

Still a terrible idea. More of an interesting tidbit as I would imagine the technology has progressed to handheld electronic devices.