View Single Post
  #21  
Old 07-31-2007, 12:04 PM
DrewDevil DrewDevil is offline
Senior Member
 
Join Date: Mar 2006
Posts: 5,715
Default Re: OOT lawyers:drinking and driving question

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
haha noah, are you saying if you had 1 beer over the course of 2 hours you'd refuse a breathalyser and take the suspended license?

[/ QUOTE ]

OK, well if it was one beer then I would, but a girl having had four beers in a couple hours, theres no point in cutting it close.

if you think the chance of you failing is greater than 10%, then i wouldn't do it. without a breathalyzer, or you literally be falling down drunk, they have no real evidence against you. if you fail one, you can argue that they aren't reliable, but its a much tougher sell.



FFK,

whoops. still applies to the other 20 drunk driving threads that have been on here.



also, yeah never admit to having had any alcohol. people always think that being up front will get you out of trouble, and while this may be true in some cases (traffic tickets) its generally a pretty bad rule to follow. just keep your mouth shut.

[/ QUOTE ]

In NJ, the penalties for refusing a breathalyzer are roughly the same as if you had failed it and received a DUI. This includes a suspension of your license for what I believe to be 6 months for your first offense, and two years for your second, as well as thousands of dollars in fines. The last time I went to traffic court, I overheard a lawyer saying to his client that if there is any chance that you could pass a breathalyzer, then you should take it. This makes sense since the penalties for DUI and refusing a breathalyzer are similar.

[/ QUOTE ]

You left out the part about the DUI being a criminal conviction, which makes it infinitely worse than the suspension of a driver's license. That lawyer was an idiot.

If there is any chance you are over the limit, refuse the breathalyzer, period. If you are definitely under it, then take it.
Reply With Quote