DUI checkpoints Super Sunday
I also appreciate the warning that traffic may be hectic.
I also appreciate the complimentary Super Bowl viewing party tickets and weekend hotel accommodations from a strip casino that I'll be taking advantage of so that I won't need to drive anywhere.
Quote: WizardI got stopped by one after Super Bowl 46, westbound on Flamingo, around Rainbow.
Did they make you count backwards in Roman numerals?
Sorry Occife.fe.fur, can you splain dat Ramen noodle ting, maybe gimme da startin point? Dem guys back dere jus thru me out cause I wuz countin, now ya gonna trow me in cause I can't?Quote: PuckerbuttDid they make you count backwards in Roman numerals?
Quote: PuckerbuttDid they make you count backwards in Roman numerals?
No, but I did get go to secondary screening. As I recall, I had to walk in a straight line and then that test where you touch your nose while having to look straight ahead.
BTW, I find numbering Super Bowls with Roman numerals annoying.
Quote: TwoFeathersATLSorry Occife.fe.fur, can you splain dat Ramen noodle ting, maybe gimme da startin point? Dem guys back dere jus thru me out cause I wuz countin, now ya gonna trow me in cause I can't?
LOL
Which 'these things' were you specifically referring (hic-up) to. Some of 'those things' are apparently completely legal now. Fine wid me. Just trying to stay outta jail.....Quote: RomesEvery now and then you hear/see some random lawyer saying these things are completely illegal and you don't have to participate in them. Does anyone know (or have cited sources) if there's any truth to that?
Quote: RomesEvery now and then you hear/see some random lawyer saying these things are completely illegal and you don't have to participate in them. Does anyone know (or have cited sources) if there's any truth to that?
My understanding is that for it to be legal, it has to be disclosed ahead of time when and where (like this). I think by disclosing beforehand it's then interpreted as implied consent if you choose to drive there anyways. But I'm nota lawyer, I'd consult ace.. Oh wait.
Quote: Wizard
BTW, I find numbering Super Bowls with Roman numerals annoying.
The NFL is 'suspending' the use of Roman numerals for this year's game. It will not be Super Bowl L, it will be Super Bowl 50.
My last name begins with L, so I'm a little offended, but I guess a lot of people would see it and say, "what does the L stand for?".
Quote: Gabes22The drugs or the cases?
The cases. Of course the drugs "disappeared"
Quote: RomesEvery now and then you hear/see some random lawyer saying these things are completely illegal and you don't have to participate in them. Does anyone know (or have cited sources) if there's any truth to that?
I've heard that to and would be interested in a legal opinion on that. My roommate in college insisted you can refuse a breath test in lieu of a blood test. He said the reason to invoke that right is it would take the police an hour or so to transport you to the station and do the test, which would lower your Blood Alcohol Content a little.
Quote: BasesLoadedThe NFL is 'suspending' the use of Roman numerals for this year's game. It will not be Super Bowl L, it will be Super Bowl 50.
Great. As soon as it is a nice short number they suspend the policy.
On a related note, it is easy for me to remember which Super Bowl it is because it is always the same as my age.
Quote: WizardI've heard that to and would be interested in a legal opinion on that. My roommate in college insisted you can refuse a breath test in lieu of a blood test. He said the reason to invoke that right is it would take the police an hour or so to transport you to the station and do the test, which would lower your Blood Alcohol Content a little.
That is absolutely true and most attorneys would recommend that you don't take the breath test if there is any chance you may fail. My understanding in Nevada is that they must perform the blood draw within two hours of the time you are pulled over. My game plan would be to stall everything as long as possible.
That could be bad. The problem with that is the DMV is separate from the Criminal aspect, refusing a Breathalyzer test will result in losing your license for 1 year.Quote: DRichThat is absolutely true and most attorneys would recommend that you don't take the breath test if there is any chance you may fail. My understanding in Nevada is that they must perform the blood draw within two hours of the time you are pulled over. My game plan would be to stall everything as long as possible.
I believe It's easier to dispute a breathalyzer than a blood draw.
Quote: AxelWolfThe problem with that is the DMV is separate from the Criminal aspect, refusing a Breathalyzer test will result in losing your license for 1 year.
I've never heard that before. Can you quote a source?
I had an old acquaintance get a DUI, went to "DUI Camp" where attorney's "off the record" told them the better option is to refuse to blow. Yes you lose your licence for 1 year but you get no DUI, no party plates, a lot less legal hassle overall and nothing that stays on your record.Quote: WizardI've never heard that before. Can you quote a source?
For the record, this was all hearsay from him.
Quote: AxelWolfThat could be bad. The problem with that is the DMV is separate from the Criminal aspect, refusing a Breathalyzer test will result in losing your license for 1 year.
I believe It's easier to dispute a breathalyzer than a blood draw.
http://www.macelaw.com/duidwi-defense/what-should-someone-do-after-being-pulled-over/
"I always advise people to not do any roadside tests, no FSTs and no preliminary breath test (PBT). You are not required to do them by law. Some people say they just do not want to do them. Some people say their lawyer advised them not to do them. This usually upsets the police. I would rather have the police get upset because my client did not do the tests, than for my client to do the tests and provide the police more incriminating information."
Obviously, I really have no idea but that seems to make sense to me. Thankfully I have not put myself in that position.
http://www.dmv.org/nv-nevada/automotive-law/dui.phpQuote: WizardI've never heard that before. Can you quote a source?
Refusing a Chemical Test Penalties
Do not think that refusing a chemical test will keep you from any penalties. The first time you refuse a chemical test you will have your driver's license suspended for a MINIMUM of 1 year.
You're better off taking a Breathalyzer IMO.
http://stevenmccollum.com/breathalyzer.html
Quote: mcallister3200My understanding is that for it to be legal, it has to be disclosed ahead of time when and where (like this). I think by disclosing beforehand it's then interpreted as implied consent if you choose to drive there anyways. But I'm nota lawyer, I'd consult ace.. Oh wait.
Roadside sobriety checkpoints laws have been UPHELD by the USSC.
see: USSC opinion
My understanding, which is not definitive, is that it is up to each state to determine whether they want to allow them: some do, some don't.
It's pretty clear that Nevada allows them, as they are obviously ongoing.
You might consider turning around to avoid the checkpoint if you can so without violating the law, e.g. no improper lane change or crossing median improperly; turn into a driveway on the right side, pause for a bit, then exit from there going the other way if practical.
I'd do it "just because," and I don't even drink!
Quote: DRichThat is absolutely true and most attorneys would recommend that you don't take the breath test if there is any chance you may fail.
The key point of when to refuse a breath test is when you think you may fail. I've performed several over the years because I knew that I hadn't had much to drink and was able to continue on my way. I don't want to hassle with being taken to the police station in handcuffs and having my car impounded just to give a blood test and walk out. I had never even heard of the driver's license being suspended for refusing the test.
Quote: AxelWolfhttp://www.dmv.org/nv-nevada/automotive-law/dui.php
Refusing a Chemical Test Penalties
Do not think that refusing a chemical test will keep you from any penalties. The first time you refuse a chemical test you will have your driver's license suspended for a MINIMUM of 1 year.
The only mention I can find from a search on the official Nevada DMV website is in a PDF regarding DUI Laws:
http://www.dmvnv.com/pdfforms/qtdui.pdf
"Chemical Tests
Failure to submit to a breath, blood or urine test as directed by a police officer results in a driver’s license revocation of at least one year. A blood sample can be drawn involuntarily if the officer obtains a warrant or court order.
(NRS 484C.150, 484C.160, 484C.200, 2015 AB 67)"
However, it is not clear to me if this penalty is for refusing all testing or if it would apply when refusing a breath test but willing to take another chemical test.
This penalty is not mentioned on the License Suspensions & Revocations webpage.
http://www.dmvnv.com/dlsuspension.htm
Quote: WizardI've heard that to and would be interested in a legal opinion on that. My roommate in college insisted you can refuse a breath test in lieu of a blood test. He said the reason to invoke that right is it would take the police an hour or so to transport you to the station and do the test, which would lower your Blood Alcohol Content a little.
Oh not so sure that one hour delay would reduce everybody's BAC ..... some may had had a few quick last drinks for the road which have not hit the system yet....but a hour later would be into the bloodstream
Can somebody tell me with that blood test do they just test for alcohol levels or are you opening yourself up to being found guilty of driving under the influence of other drugs ? drugs that the breath test machine doesn't screen for
Quote: BlueEagleThe key point of when to refuse a breath test is when you think you may fail. I've performed several over the years because I knew that I hadn't had much to drink and was able to continue on my way. I don't want to hassle with being taken to the police station in handcuffs and having my car impounded just to give a blood test and walk out. I had never even heard of the driver's license being suspended for refusing the test.
The only mention I can find from a search on the official Nevada DMV website is in a PDF regarding DUI Laws:
http://www.dmvnv.com/pdfforms/qtdui.pdf
"Chemical Tests
Failure to submit to a breath, blood or urine test as directed by a police officer results in a driver’s license revocation of at least one year. A blood sample can be drawn involuntarily if the officer obtains a warrant or court order.
(NRS 484C.150, 484C.160, 484C.200, 2015 AB 67)"
However, it is not clear to me if this penalty is for refusing all testing or if it would apply when refusing a breath test but willing to take another chemical test.
This penalty is not mentioned on the License Suspensions & Revocations webpage.
http://www.dmvnv.com/dlsuspension.htm
That was my interpretation of it, too. ie: If you refuse ALL tests, then you lose your license. I couldn't imagine getting your license removed if you refused a breathalyzer but accepted/preferred a blood test.
A refusal will get you a revocation of at least a year, and you're still facing the OWI charge.
Quote: CalderIn Wisconsin the primary test is at the discretion of the police, usually breath. At the driver's request a second test may be run, also at police expense.
A refusal will get you a revocation of at least a year, and you're still facing the OWI charge.
Iowa has similar laws
Quote: coilmanOh not so sure that one hour delay would reduce everybody's BAC ..... some may had had a few quick last drinks for the road which have not hit the system yet....but a hour later would be into the bloodstream
Good point. In my case I was drinking at a Super Bowl party. Afterward I tried to sober up and killed time playing in the casino for a couple hours without drinking alcohol. When I felt okay to drive I drove home and got stopped at the checkpoint. Evidently I was somewhere above zero and below the legal limit.
Another way to avoid checkpoints is with the maps feature on a smart phone with the "show traffic" feature enabled. If you suddenly see a lot of red where there shouldn't be, then it is probably either an accident or a check point. Either way, good reason to drive around it.
Quote: coilmanOh not so sure that one hour delay would reduce everybody's BAC ..... some may had had a few quick last drinks for the road which have not hit the system yet....but a hour later would be into the bloodstream
Can somebody tell me with that blood test do they just test for alcohol levels or are you opening yourself up to being found guilty of driving under the influence of other drugs ? drugs that the breath test machine doesn't screen for
This is very true and cops know it. That is why sometimes if they suspect you will be DUI they will find a reason to detain you for 30-60min before they do a breathalyzer. Its also another reason why they waste a lot of time with those silly line and coordination tests before breathalyzing.
Last time (and only time) I got arrested for a DUI (I was totally sober) but my eyes were bloodshot so they kept threatening me at the station that they would test my blood for narcotics. I simply kept saying feel free to test me, and eventually they let me go without even testing me, I think they just wanted to scare me into confessing. So I think if you give them blood its fair game. I'm sure its in one of those many forms you sign before DUI testing.
Quote: GandlerThis is very true and cops know it. That is why sometimes if they suspect you will be DUI they will find a reason to detain you for 30-60min before they do a breathalyzer. Its also another reason why they waste a lot of time with those silly line and coordination tests before breathalyzing.
Last time (and only time) I got arrested for a DUI (I was totally sober) but my eyes were bloodshot so they kept threatening me at the station that they would test my blood for narcotics. I simply kept saying feel free to test me, and eventually they let me go without even testing me, I think they just wanted to scare me into confessing. So I think if you give them blood its fair game. I'm sure its in one of those many forms you sign before DUI testing.
How long are the forms? I suspect their fairly long, no? If read the entire thing, how long would you say it'd take to fill them all out?
There's been once or twice I've driven friends home, and I'll have a couple at the bar and not drink the last hour or two before leaving. I'm sober, and in 100% control, but I can still tell there's alcohol on my breath which always makes me nervous of what I would blow though. If I had gotten pulled over, I would have probably been fine to blow, but why not take the extra 45 minutes and be sure?
Lastly, if you refuse all tests you get CHARGED with refusing them. If you have a good attorney he can get that plead down to a lesser charge where you don't even lose your licence/etc. This is another reason NOT to blow. The courts are stupid and a good attorney may be able to manipulate your non DUI charge down to an even lesser charge.
Such a test is in the works: see weed-a-lyzer
In the Pac NW, if someone is pulled over and suspected of being high on weed, a DRE (drug recognition expert) is often called to the scene to administer observational tests; one sign of being impaired is that taste buds become larger than normal (hello, munchies!).
It's a changing world.
The police could just offer you pork rinds.Quote: MrVWith marijuana being "legalized" in many states, both medical and recreational, there is a need for a roadside test to determine whether a driver is impaired with weed.
Such a test is in the works: see weed-a-lyzer
In the Pac NW, if someone is pulled over and suspected of being high on weed, a DRE (drug recognition expert) is often called to the scene to administer observational tests; one sign of being impaired is that taste buds become larger than normal (hello, munchies!).
It's a changing world.
Quote: GandlerThat is why sometimes if they suspect you will be DUI they will find a reason to detain you for 30-60min before they do a breathalyzer. Its also another reason why they waste a lot of time with those silly line and coordination tests before breathalyzing.
The extra tests help establish probable cause above and beyond whatever poor driving led to the stop.
In Wisconsin they're required to wait and observe you for 20 minutes before taking a breath sample to be sure there's no residual alcohol in your mouth. If you think you want to put on a stall, let out a good burp at minute 19, and the observation begins all over again. But depending on when you had your last drink, your level may be rising, not dropping.
Quote: RomesIf you have a good attorney he can get that plead down to a lesser charge where you don't even lose your licence/etc. This is another reason NOT to blow.
Maybe the attorneys here could speak to that. My impression is you're better off blowing and attacking the results in court, rather than refusing and facing both the refusal and the OWI.
Quote: CalderThe extra tests help establish probable cause above and beyond whatever poor driving led to the stop.
In Wisconsin they're required to wait and observe you for 20 minutes before taking a breath sample to be sure there's no residual alcohol in your mouth. If you think you want to put on a stall, let out a good burp at minute 19, and the observation begins all over again. But depending on when you had your last drink, your level may be rising, not dropping.
Maybe the attorneys here could speak to that. My impression is you're better off blowing and attacking the results in court, rather than refusing and facing both the refusal and the OWI.
My buddy got drunk at a party and contacted a friend to come get him. Apparently the friend was dropped off and drove my buddy's truck back to his house. However, the friend had been drinking and not only got a DUI but my buddy was charged with allowing a drunk person to drive his vehicle. It sucks to think you're doing the right thing but end up in jail anyway.
So if you're going to sleep it off in the car and you get cold/hot be careful don't be tempted to use the air controls or listen to music.
Quote: AxelWolfFYI. You can get a DUI even if you are parked and car is off *if the keys are in the ignition*.
So if you're going to sleep it off in the car and you get cold/hot be careful don't be tempted to use the air controls or listen to music.
In North Carolina you can get charged, arrested when you are sleeping on the side of the road and the keys are not in the ignition. The charge doesn't stand up in court very well however ;-)
And you have to pay for your scotch at the casino...
There's bastards in charge in North Carolina!
Quote: AxelWolfFYI. You can get a DUI even if you are parked and car is off *if the keys are in the ignition*.
So if you're going to sleep it off in the car and you get cold/hot be careful don't be tempted to use the air controls or listen to music.
That exact thing happened to a college roommate of mine years ago. He came home from the bars (on foot). After a few minutes, he went outside to have a cigarette, decided to listen to music in his car while smoking, and got busted. Keys in the ignition, engine off.
FYI you can get an OVI or OWI (or whatever it is) just for being drunk in your car and having the keys in your car, not even the ignition. They can be in your pocket and you still get in trouble. This is why if you're going to sleep it off in your car you have to put your keys in the trunk, behind a tire, or in your gas cap compartment.Quote: AxelWolfFYI. You can get a DUI even if you are parked and car is off *if the keys are in the ignition*.
So if you're going to sleep it off in the car and you get cold/hot be careful don't be tempted to use the air controls or listen to music.
OVI and OWI ? Those are new to me. DUI and DWI are more familiar. Where the hell is the alcohol lobby when we need them? Jeez.Quote: RomesFYI you can get an OVI or OWI (or whatever it is) just for being drunk in your car and having the keys in your car, not even the ignition. They can be in your pocket and you still get in trouble. This is why if you're going to sleep it off in your car you have to put your keys in the trunk, behind a tire, or in your gas cap compartment.
Did I remember to mention there's bastards in charge in North Carolina? Tennessee takes itself pretty seriously too. Georgia is not friendly to drinking drivers either. Alabama is just right over there, but they don't have real table games. I'm screwed....
Quote: RomesFYI you can get an OVI or OWI (or whatever it is) just for being drunk in your car and having the keys in your car, not even the ignition.
Not in Wisconsin, depends on the state.
Here, the first offense isn't even a crime. Only state in the union, I think. Tavern League has some muscle.
