Quote :

"Anyone who refuses to submit to a blood-alcohol breath test this weekend will be required to have his or her blood drawn, authorities said Tuesday in reminding residents of a new program scheduled to begin at 5 p.m. Friday. District Attorney Susan Reed said the ‘No Refusal Accepted' program is scheduled to continue through 7 a.m. Tuesday. A registered nurse will be on duty both at the San Antonio magistrate's office and the detention center to draw blood from anyone arrested on suspicion of drunken driving who refused at the scene to take a breath test."

http://www.mysanantonio.com/news/metro/stories/MYSA052208.2B.breathtest.EN.1810a337.html

and yes, this is legal in nc

5/22/2008 9:37:39 PM

I've gathered from good sources that if you attempt to stonewall the police in situations like DWI

they will railroad you and take away your license

probably best not to fuck with them

5/22/2008 9:38:57 PM

why do they have to wait til they get to the center...

just give the cops a quick lesson on how to draw blood on the spot and process it there.

5/22/2008 9:39:52 PM

this reminds me that i need to get my headlight fixed

5/22/2008 9:40:35 PM

this is legal most places in the world! Stop being such pushovers about rights and constitutions and all that

5/22/2008 9:44:13 PM

Quote :

"just give the cops a quick lesson on how to draw blood on the spot and process it there."

please never, ever ever do this

there are already too many people who suck at vascular access that are medical professionals (of course, these are none of my students, they all rock at it by the time i'm done with them :beatup

cops would end up starting art lines or stabbing someone in a nerve<!---

[Edited on May 22, 2008 at 9:51 PM. Reason : --></]

5/22/2008 9:46:25 PM

Yeah, cops drawing blood, that's a ticket for massive lawsuits. All they need to do is hit a nerve or stick someone in an artery... yeah, I smell lawsuits.

Checkpoints already piss me right the fuck off, if they start with this shit I'm going to be fuming the next time I see one.

5/22/2008 9:50:19 PM

is the breath test really that difficult or are the lot of you just afraid of getting caught

5/22/2008 9:55:28 PM

people just try to be clever and it bites them on the ass

5/22/2008 9:57:50 PM

I dislike checkpoints because I think they're unconstitutional, that's all. Hell, the field breathalyzer isn't even legally binding, IIRC so there's very little reason to refuse it.

5/22/2008 10:02:45 PM

^^^if you refuse to be tested, your license can be automatically suspended, but if that gets you out of the DWI, it's usually the preferred outcome. but, you can be tested against your will--generally, they just don't

^implied consent only applies once you've been arrested, but the portable breathalyzer gives them probable cause to arrest you

[Edited on May 22, 2008 at 10:05 PM. Reason : ^]

5/22/2008 10:04:39 PM

lots of ppl are better off taking the year without a license than getting a DUI.. obviously they know that and are trying to get rid of that option

which sucks

[Edited on May 22, 2008 at 10:06 PM. Reason : ^beat me to it]

5/22/2008 10:06:25 PM

i bet fykal japan could talk to me for like 15 minutes about this...i'd listen i bet it would be very interesting

5/22/2008 10:08:57 PM

Quote :

"implied consent only applies once you've been arrested, but the portable breathalyzer gives them probable cause to arrest you"

Right, so they can breathalyze you but it doesn't mean squat. The only number that matters is what you blow at the station.

If I were ever to get pulled I'd probably refuse the field sobriety test and then blow if requested. Field sobriety tests are totally subjective and can do absolutely nothing to help you.

5/22/2008 10:12:38 PM

i know a guy that had this done to him last friday night. refused his test, taken right to the hospital.

5/22/2008 10:20:44 PM

I learned my lesson the night I blew a .07

5/22/2008 10:27:18 PM

Quote :

"this reminds me that i need to get my headlight fixed "

aint nuthin wrong wit yo headlights boo

[Edited on May 22, 2008 at 10:30 PM. Reason : ,]

5/22/2008 10:30:09 PM

Quote :

"just give the cops a quick lesson on how to draw blood on the spot and process it there."

As a person who 'rolls and blows' and has clotting issues to boot, I wouldn't dare allow a cop to even attempt to draw my blood. Even skilled nurses blow out my veins routinely.

5/22/2008 10:33:04 PM

is that a sexual reference?

[Edited on May 22, 2008 at 10:34 PM. Reason : cause thats hot]

5/22/2008 10:33:47 PM

hey, blood is blood. whether it come from a needle stick, or a flashlight to the head.

5/22/2008 10:56:27 PM

Quote :

"Anyone who refuses to submit to a blood-alcohol breath test this weekend will be required to have his or her blood drawn"

How does this not violate 4th and 5th amendment rights?

[Edited on May 22, 2008 at 11:21 PM. Reason : I re-read the article regarding warrants, but even that doesn't seem right.]

5/22/2008 11:18:55 PM

implied consent

5/22/2008 11:19:57 PM

It takes them so long to find my veins I'd probably be sober by the time my bloods came out

5/22/2008 11:22:11 PM

^^ How is consent to draw blood implied from refusing a breathalyzer?

If you object to me kissing your sister, does that somehow imply that you don't mind me banging her?

[Edited on May 22, 2008 at 11:25 PM. Reason : ^^]

5/22/2008 11:24:45 PM

5/22/2008 11:25:34 PM

Quote :

"hey, blood is blood. whether it come from a needle stick, or a flashlight to the head. "

\haha only thing is this damn thread worth readin

5/22/2008 11:26:14 PM

^^^driving implies consent to chemical analysis, thus you can't refuse after the fact

[Edited on May 22, 2008 at 11:27 PM. Reason : ^ ]

5/22/2008 11:26:55 PM

If consent is implied, then why do they bother with the warrant (per the article)?

5/22/2008 11:30:31 PM

idk, a part of the legal procedure i suppose

5/22/2008 11:32:11 PM

Quote :

"this reminds me that i need to get my headlight fixed"

my thoughts exactly

5/22/2008 11:55:56 PM

Quote :

"and yes, this is legal in nc"

Since when?

5/23/2008 12:08:58 AM

If you are not doing anything wrong what's the problem?





























































Just kidding, that's fucking horseshit.

5/23/2008 12:47:47 AM

I blew a .19 and got a DWI. I took a class for this DWI. SO: IF you refuse to blow, its probably your best option in any situation because 1) It gives your liver time to process the alcohol...stall. A .15 or above will require an intoxilyzor (thing Steve Carell blew into in 40 y/o virgin to start p/t cruiser) installation in your vehicle to start it and drive it (.16 prior to 12/31/08). Killing time might make a difference. Piss too. Also vomit. 2) You lose your license if you refuse on the spot. If you cooperate, you can lose your license and freedom (jail time if multiple DWI's) by giving the cop more evidence to prove his case after he pulls you. Sobriety Tests. Don't talk to cops. **This is where it gets tricky. The court can use your refusal to blow as evidence of your intoxication despite the lack of logic here.** 3) What was I talking about? Oh yeah, get cabs. It's cheaper than multiplying your insurance by a factor of at least 3, paying an idiot lawyer and court costs, or paying some treatment center for group discussions. The law is broken. That's what my punishment tought me. I'm just a little drunk though so I don't know what I'm talkin bout.

p.s. Take my advice.

Disclaimer: If you use my advice, don't. It's your fault if you get f'ed over.

5/23/2008 1:19:41 AM

or just be like me and move a block or two from the bars

5/23/2008 1:27:06 AM

5/23/2008 2:45:45 AM

I'd much rather do the breathalyzer than get blood drawn because I'd suspect it would go into a secret DNA database. Oh well, this weekend I'm staying in a condo a block away from the bars, so no DWI's for me

5/23/2008 10:49:23 AM

^ i live in one.
thank god

5/23/2008 10:54:11 AM

Quote :

"It's your fault if you get f'ed over."

Noone got fucked over except for the public in your case because you are not in jail.

.19 and you were driving? christ.

5/23/2008 10:58:52 AM

This infringes on my personal rights, and no one will ever forcefully take the blood out of my body unless my life is in danger. Unconstitutional, unacceptable, and unsafe.

[Edited on May 23, 2008 at 11:08 AM. Reason : -]

5/23/2008 11:08:17 AM

Don't listen to gentry... that is not the best way to handle it.

Make an excuse not to get out of the car, do not talk to the police to much or at all ( do what he says but don't say a word until he asks you to get out of the car then make an excuse not to but do not say no either do not look into the light do not do the field sobriety test but also don't be a douche in your tactics of attempting not to do it... give them no reason to take you down town... the smell of alcohol isn't supposed to be enough to arrest you but if they do arrest you and take you downtown COOPERATE FULLY YOU'RE PRETTY MUCH SCREWED NOW IF YOU ARE DRUNK... now if you are so drunk you cannot stand or speak... then you might as well not blow that way you won't have to put the thing in your car.

5/23/2008 11:16:26 AM

Quote :

"hey, blood is blood. whether it come from a needle stick, or a flashlight to the head."

wrong

cap blood != venous blood

5/23/2008 11:16:44 AM

Quote :

"I blew a .19 and got a DWI. I took a class for this DWI. SO: IF you refuse to blow, its probably your best option in any situation because 1) It gives your liver time to process the alcohol...stall. A .15 or above will require an intoxilyzor (thing Steve Carell blew into in 40 y/o virgin to start p/t cruiser) installation in your vehicle to start it and drive it (.16 prior to 12/31/08). Killing time might make a difference. Piss too. Also vomit. 2) You lose your license if you refuse on the spot. If you cooperate, you can lose your license and freedom (jail time if multiple DWI's) by giving the cop more evidence to prove his case after he pulls you. Sobriety Tests. Don't talk to cops. **This is where it gets tricky. The court can use your refusal to blow as evidence of your intoxication despite the lack of logic here.** 3) What was I talking about? Oh yeah, get cabs. It's cheaper than multiplying your insurance by a factor of at least 3, paying an idiot lawyer and court costs, or paying some treatment center for group discussions. The law is broken. That's what my punishment tought me. I'm just a little drunk though so I don't know what I'm talkin bout. p.s. Take my advice. Disclaimer: If you use my advice, don't. It's your fault if you get f'ed over."

Quote :

"Make an excuse not to get out of the car, do not talk to the police to much or at all ( do what he says but don't say a word until he asks you to get out of the car then make an excuse not to but do not say no either do not look into the light do not do the field sobriety test but also don't be a douche in your tactics of attempting not to do it... give them no reason to take you down town... the smell of alcohol isn't supposed to be enough to arrest you but if they do arrest you and take you downtown COOPERATE FULLY YOU'RE PRETTY MUCH SCREWED NOW IF YOU ARE DRUNK... now if you are so drunk you cannot stand or speak... then you might as well not blow that way you won't have to put the thing in your car."

Sounds to me like it would just be easier to not drink and drive.

5/23/2008 11:44:39 AM

soo... let me get this straight... if you refuse a breathalyser, they suspend you license, right?

well, when they take you to the station, and you blow under a .08, what happens? is your license still suspended? or do they just not file the paperwork?

5/23/2008 12:12:46 PM

don't drink and drive.
some of you actually pretend that's a difficult concept and it's amazing

5/23/2008 12:26:30 PM

Quote :

"Since when?"

NCGS 20-16.2(c) Request to Submit to Chemical Analysis. – A law enforcement officer or chemical analyst shall designate the type of test or tests to be given and may request the person charged to submit to the type of chemical analysis designated. If the person charged willfully refuses to submit to that chemical analysis, none may be given under the provisions of this section, but the refusal does not preclude testing under other applicable procedures of law.

NCGS 20-139.1(d1) Right to Require Additional Tests. – If a person refuses to submit to any test or tests pursuant to this section, any law enforcement officer with probable cause may, without a court order, compel the person to provide blood or urine samples for analysis if the officer reasonably believes that the delay necessary to obtain a court order, under the circumstances, would result in the dissipation of the percentage of alcohol in the person's blood or urine.

[Edited on May 23, 2008 at 2:37 PM. Reason : ^^no, your license isn't suspended for refusing a field breathalyzer]

5/23/2008 2:36:01 PM

I am not advocating drinking and driving, but there are some basic rules to follow if you do get pulled over.

1. Never, ever, for any reason do any roadside field sobriety tests (this includes the portable breath test). Standardized field sobriety tests (SFST) only provide the officer with more evidence of your impairment, evidence that they will use as testimony in court to prove your impairment. For instance, if you get pulled over and you are borderline, maybe an .08 or .09. By the time you take the actual breathalyzer test downtown (or whereever they take you in your area), you might well blow a .07, .06 or even lower. If you were terrible on the SFST and the officer has all of this evidence to present, most likely you will still stand a chance to get convicted. If all they have to present as evidence of your impairment is your official breath alcohol content, which is below .08, then they can not prove you were impaired.

2. Don't try to talk your way out of it, in fact don't say anything at all. Just politely tell them you are refusing to do any roadside tests, including the portable breath test. If you have actually been drinking, and its fairly obvious, then they will probably just detain/arrest you and transport you downtown to take the breathalyzer test.

3. BEFORE they arrest you or even get you out of the car, tell them you would like a "PRE ARREST BREATH TEST". It is a little known part of the Implied Consent/DWI laws. You are allowed by law, the right to a Chemical Analysis Before Arrest or Charge.
See NC General Statute 20-17(2)(i)
"(i) Right to Chemical Analysis before Arrest or Charge. – A person stopped or questioned by a law enforcement officer who is investigating whether the person may have committed an implied consent offense may request the administration of a chemical analysis before any arrest or other charge is made for the offense. Upon this request, the officer shall afford the person the opportunity to have a chemical analysis of his or her breath, if available, in accordance with the procedures required by G.S. 20-139.1(b). The request constitutes the person's consent to be transported by the law enforcement officer to the place where the chemical analysis is to be administered. Before the chemical analysis is made, the person shall confirm the request in writing"

4. They will take you to the jail/breathalyzer location. You will be cuffed, etc. but you are not under arrest and this is at your discretion. Most cops have never even been confronted with this scenario and are ignorant of this section of the law, and might even tell you to fuck off and you are under arrest. If they do this, then you get off period. They violated your rights to a pre arrest test, and even if you blow a .30 you walk.

5. Once you get there, go through all the paperwork (and there is a lot), get your turn in line at the breathalyzer (which can take a while if it is a busy weekend night at the Wake County Jail), it will finally be your time to blow. You can wait up until the moment that you are getting ready to put your lips on the straw. Then just tell them "I changed my mind, I don't want a pre arrest test".

6. They will start the process of then actually placing you under arrest, and will have to start another round of new paperwork related to your arrest and processing for the breathalyzer. Once under arrest, they advise you that you will have to submit to a breath test. Part of the stuff they read to you is the fact that you have the right to a witness.

"Chapter 20-16.2(6) You may call an attorney for advice and select a witness to view the testing procedures remaining after the witness arrives, but the testing may not be delayed for these purposes longer than 30 minutes from the time you are notified of these rights. You must take the test at the end of 30 minutes even if you have not contacted an attorney or your witness has not arrived."

You don't really need a witness, you just want them to be forced to wait another 30 minutes before tehy can make you blow. So, you can call your own phone number if you want and pretend you are telling your friend to come witness.

7. While waiting for your witness, they will most likely ask you again to submit to Standardized Field Sobriety Tests (walk the line, follow the pen with your eye, etc.), once again refuse to do these tests.

8. Hopefully, by this time assuming you were not completely fucking blitzed, your blood alcohol content should have fallen below .08. If so then you should walk. The cop might be so pissed that they might try to go before the magistrate and ask them to still allow the DWI charge to stand. But, they have NO EVIDENCE. You did not do any field tests they can use against you. You blew a BAC that was below the legal threshold (.08) for arrest, and they only thing they can use against you is the reason they initiated the traffic stop.


So to summarize.
Refuse any field tests
Ask for a pre-arrest breath test
change your mind and tell them you don't want a pre-arrest breath test
call a 'witness' whether you have someone to call or not
by this time, it has probably been at least 1 1/2 hours, maybe 2 since you were initially stopped
blow below .08 and walk out the front door and get a cab home

5/23/2008 2:47:35 PM

why the fuck are you assholes giving advice to drunk drivers for how to get off.

how bout, don't drink...then drive. simple way to never be arrested or get hassled at checkpoints. brilliant!

5/23/2008 4:11:39 PM

mainly b/c i believe in equal protection under the law

5/23/2008 4:16:02 PM

^^ go fuck yourself. Its legal advice.

5/23/2008 4:25:13 PM

Yea, and now that you've said it's legal advice you just made yourself legally accountable.

5/23/2008 4:31:38 PM