DUI - A trip report

[Edge34]

[ QUOTE ]
He asked for it precisely because he knew he wouldn't get it, hoping that would leave him a loophole to exploit at trial.

[/ QUOTE ]

It would seem to me that when an officer testified that he asked them to the point of annoyance for a blood test and, when he was finally given the test, refused to take it, would be pretty damning. Obviously they can't prove anything then, leaving a minor loophole, but I can't say I would take very kindly to this guy making me waste my time on his drunk ass.

[jba]

[ QUOTE ]
I still don't get why you kept asking for a blood test if you knew you weren't going to get it & you were going to take it anyway

[/ QUOTE ]

the first person to mention the blood test was the cop saying he couldnt have one. OP thinks he knows his rights are that he can have one, so he thought this was a loophole to get off the hook.

[jws43yale]

Quick note, you should not even take the field test. You should say I will take any test until I consult with my lawyer. They will never let you call them at 2 AM and you won't have their home number anyway. You will sit in a jail cell for a night, DUI will be easy to defeat, and despite license suspensions being "mandatory" when you blow, a good lawyer will get you out of that too. They don't have any eveidence on you unless you were swerving, etc. so if it was just a BS stop, then it is only the cops word that he smelled alcohol.

[danlux]

[ QUOTE ]
Quick note, you should not even take the field test. You should say I will take any test until I consult with my lawyer. They will never let you call them at 2 AM and you won't have their home number anyway. You will sit in a jail cell for a night, DUI will be easy to defeat, and despite license suspensions being "mandatory" when you blow, a good lawyer will get you out of that too. They don't have any eveidence on you unless you were swerving, etc. so if it was just a BS stop, then it is only the cops word that he smelled alcohol.

[/ QUOTE ]

Haha, yeah that will work.

[daveymck]

[ QUOTE ]

I don't see why there's not a MANDATORY year-long suspension even for pled-down DUI cases. Legal loopholes FTW, I guess.

That and the penalty for a first time offender who blows over .08 is only 3 months.

[/ QUOTE ]

Over here thats pretty much the law its very unusual not to lose your licence for a year minimum. All we have here though is the breathaliser at teh roadside and a refusal is counted the same as a positive test.

[n.s.]

[ QUOTE ]
Over here thats pretty much the law its very unusual not to lose your licence for a year minimum. All we have here though is the breathaliser at teh roadside and a refusal is counted the same as a positive test.

[/ QUOTE ]

I've heard that UK drunk driving laws are really strict, and that you can be charged if you are drunk, have your car keys on you, and are walking towards your car. Is that true?

[Tyler Durden]

[ QUOTE ]
This is interesting. I don't know about the laws in my province, but what are the immediate consequences of blowing or taking the blood test, if you do test that you are above the legal limit? Far worse than what you got, right?

[/ QUOTE ]

You live in a province?

[BuckyK]

[ QUOTE ]
Quick note, you should not even take the field test. You should say I will take any test until I consult with my lawyer. They will never let you call them at 2 AM and you won't have their home number anyway. You will sit in a jail cell for a night, DUI will be easy to defeat, and despite license suspensions being "mandatory" when you blow, a good lawyer will get you out of that too. They don't have any eveidence on you unless you were swerving, etc. so if it was just a BS stop, then it is only the cops word that he smelled alcohol.

[/ QUOTE ]
Nice try, but won't work. Asking for a lawyer before taking any form of test regarding DUI/DWI will constitute the drunkard as denying the test, thus getting you arrested anyway.
http://www.wisbar.org/res/capp/z1998/98-0915.htm

[TomCollins]

[ QUOTE ]
[ QUOTE ]
Quick note, you should not even take the field test. You should say I will take any test until I consult with my lawyer. They will never let you call them at 2 AM and you won't have their home number anyway. You will sit in a jail cell for a night, DUI will be easy to defeat, and despite license suspensions being "mandatory" when you blow, a good lawyer will get you out of that too. They don't have any eveidence on you unless you were swerving, etc. so if it was just a BS stop, then it is only the cops word that he smelled alcohol.

[/ QUOTE ]
Nice try, but won't work. Asking for a lawyer before taking any form of test regarding DUI/DWI will constitute the drunkard as denying the test, thus getting you arrested anyway.
http://www.wisbar.org/res/capp/z1998/98-0915.htm

[/ QUOTE ]

Getting arrested is a lot different than being convicted.

[findingneema]

You won't be arrested for refusing a field sobriety test. Refusing the breathalyzer though will result in an arrest.