DUI/DWI

[PewterBird]

As I was driving home tonight at about 2am. I passed two different cars that were pulled over about 5 miles in between, in both cases, they were out on the sidewalk doing the ol' drunk test. One was a well dressed man in a econobox, and the other were some post teen hoodlums.

Ive never been pulled over for a DUI, but it made me think. If they ask you to step out of the car and perform the test, you are basicly arrested at that point and the test is just about pointless, but procedural in order to give the illusion that you have a chance.

As long as the stop was because of suspsion of DUI, and not a broken brake light. The officer bacicly makes his judgement right there and then before even speaking to you.

I find it hard to reason that he will allow you to perform the test, and he would be so impressed on your performace he would let you back in the car and drive off.

One reason being, he is most likey not the only cop there, and if he had bad judgment in "calling" the DUI, would show weakness in his judgment in front of his peer officers.

The second being, if you were to perform reasonably well, and he let you drive home, and you cause a big accident and killed somebody. His judment would be scruitinized and he could possibly be blamed for not preventing the accident.

Do either way, you going down to the Station to blow your lungs out in the machine. If you are over, then good job for the cop. If your under, you are still gonna have an arrest on your record, and still have to get your car outa impound, and possibly waste a whole lot of your time.

I don't feel compassion for drunk drivers, I just hope that I never get into that situation. I never have more than one drink, If I know I have to drive. But I have driven more impared due to lack of sleep, then EVER Alcohol.

It just reminds me that in order to have a little freedom, we have to give up so much freedom.

And of course Don't drink and drive.

[L32Projekt]

The point of the field sobriety tests are to see if a driver is fit to drive a vehicle. If the driver passes them, the officer (in our case) issues a citation for the original offense that lead to contact with the suspect. In other cases, sometimes it's not alcohol, but a medical condition that caused the officer to be concerned over the driver's ability to drive. In these cases (say someone's going into diabetic shock) they can get the medical attention that's required before they can hurt themselves or others.

Don't think that the person's screwed just because the cop's trying to "save face" in front of his co-workers. There's times when cops are wrong and they'll let the person go. You do bring up a good point however and it's one of liability. If a cop comes in contact with someone who may be DWI/DUI and they let them go, and that driver later causes a crash that kills 20 but leaves a scratch on the Hummer's bumper, the cop is liable for that accident.

I'm sure DV or some "civilian" cops will chime in. Life's very different when it comes to the Military... ;)

[viper98885]

I have been stopped before and asked to perform a field sobriety test and have been let go to drive home on my free will. Just because the officer opts for these tests doesn't mean at all that you will get a DUI, but instead, means that he is making sure that you are okay to drive before he lets you go. In KY, the PBT is not admissable in court, but it does give the officer the right to take you to the jail to give you the breathalizer (which is more accurate). The only field sobriety tests that are asmissable in court are the straight line (heel to toe) walk and standing on one leg.
My advice is that if you get stopped and have or have not been drinking, be curteous and cooperative. They are doing their job. If you pass the field sobriety tests, they will let you go. If you do not, you get what you deserve.

[97chevycamaro]

I dont know, I dont drink but in texas if you drink more than a beer in a hr and drive they say your drunk by legal standards. Always sounded dumb to me but i dont give compassion for drunk drivers either. I have a friend who has 2 of them, another one who got 1 and they still drive drunk.

[chas]

according to your logic i have been arrested twice for suspicion of DUI then. i have been in two police checkpoints (one in virginia and one in north carolina). they decided i wasnt drunk and let me go.

[97chevycamaro]

Originally posted by chas:
according to your logic i have been arrested twice for suspicion of DUI then. i have been in two police checkpoints (one in virginia and one in north carolina). they decided i wasnt drunk and let me go.

Drunken outlaw

[speedy-v6-camaro]

Originally posted by chas:
according to your logic i have been arrested twice for suspicion of DUI then. i have been in two police checkpoints (one in virginia and one in north carolina). they decided i wasnt drunk and let me go.

Are you retarded....did he say checkpoints or did he say being pulled over for suspected intoxication?

[98goldbird]

Oh Jeff, I love when you type big words and sound so smart! [img]graemlins/love.gif[/img] I have been suspected of DUI back during last Halloween. The officers saw my opened box of Corona in the car, told me how much I've been drinking, I said not a lot, they said how much is that, I said one, if that. They didnt believe me (Who would believe that a 19yr old with an opened box of Corona wasn't drinking) so I was placed on the curb, while they questioned me and asked me if I wanted to take the test. I said, sure, and blew in the machine. I was nervous when the results came because it took the cop forever to tell me what it was until I asked him, and he said......way below the legal limit. I said I told him so, so we chatted for a little longer, (he reminding me of morals and values and whatnot), and I went off on my way home.

So yes, they just make sure people are safe enough to drive, keeping out streets safer. Big example, Randy Kraft. Only reason why he was caught was because he was pulled over by CHP for suspected DUI. When they pulled him over, they saw the body in the front seat.

[Little G]

I had to take it once, and I passed. They need to be really sure to take you to the station to blow because if you come up clean its a false arrest unless there was probable cause. So the sobriety test is the determiner of probable cause.

[Th3 RiCk]

Originally posted by 98goldbird:
Oh Jeff, I love when you type big words and sound so smart! [img]graemlins/love.gif[/img] I have been suspected of DUI back during last Halloween. The officers saw my opened box of Corona in the car, told me how much I've been drinking, I said not a lot, they said how much is that, I said one, if that. They didnt believe me (Who would believe that a 19yr old with an opened box of Corona wasn't drinking) so I was placed on the curb, while they questioned me and asked me if I wanted to take the test. I said, sure, and blew in the machine. I was nervous when the results came because it took the cop forever to tell me what it was until I asked him, and he said......way below the legal limit. I said I told him so, so we chatted for a little longer, (he reminding me of morals and values and whatnot), and I went off on my way home.

So yes, they just make sure people are safe enough to drive, keeping out streets safer. Big example, Randy Kraft. Only reason why he was caught was because he was pulled over by CHP for suspected DUI. When they pulled him over, they saw the body in the front seat.

I'm suprised he didn't arrest you for possession. Anyone under 21 cannot possess alcohol in the state of Ohio. I wouldn't think it's much different anywhere else.

[Skapimp]

I've been pulled over 3 times for suspision of drunk driving, two times by the same police officer, within a month of eachother. A lot of times, if police officers see a car full or teenagers driving along at 3am, they'll assume, and pull you over to check. Legal? no.. but it happens. Doesn't matter, I don't drink and drive, just a major inconvenience... especially when they started heckling us and trying to get us to say we were drinking and driving. The last stop took 2 hours, and they even called my parents (was a minor at the time). I made a formal complaint, and it never happened to me again.

[Turbo V6 Camaro]

Originally posted by Th3 RiCk:
</font><blockquote>quote:</font><hr />Originally posted by 98goldbird:
Oh Jeff, I love when you type big words and sound so smart! [img]graemlins/love.gif[/img] I have been suspected of DUI back during last Halloween. The officers saw my opened box of Corona in the car, told me how much I've been drinking, I said not a lot, they said how much is that, I said one, if that. They didnt believe me (Who would believe that a 19yr old with an opened box of Corona wasn't drinking) so I was placed on the curb, while they questioned me and asked me if I wanted to take the test. I said, sure, and blew in the machine. I was nervous when the results came because it took the cop forever to tell me what it was until I asked him, and he said......way below the legal limit. I said I told him so, so we chatted for a little longer, (he reminding me of morals and values and whatnot), and I went off on my way home.

So yes, they just make sure people are safe enough to drive, keeping out streets safer. Big example, Randy Kraft. Only reason why he was caught was because he was pulled over by CHP for suspected DUI. When they pulled him over, they saw the body in the front seat.

I'm suprised he didn't arrest you for possession. Anyone under 21 cannot possess alcohol in the state of Ohio. I wouldn't think it's much different anywhere else. </font>[/QUOTE]or IBC root beer in the bottles, the b!tch made me open one so he could taste it, i had the recipt and everything the box was not even open. He didn't care i was so pissed

[BLLDOGG]

should have called the station viper. that should pretty shady on their part......

[Turbo V6 Camaro]

Originally posted by BLLDOGG:
should have called the station viper. that should pretty shady on their part......

well i still got grounded and my own parents was against me lot of good it would have done

[chas]

Originally posted by speedy-v6-camaro:
Are you retarded....did he say checkpoints or did he say being pulled over for suspected intoxication?

nope. are you? checkpoints are checking for dui/dwi. if they ticket you for anything its just a bonus (like defective equipment, or no seat belt).

actually i have probably been pulled over two times where they were probably checking my sobriety however i cant be certain of the officers intent.

i could refute the original statement i suppose. you are not arrested when you take the road side tests. taking the roadside tests doesnt mean you are going to get arrested. you can be found guilty of dui even if your bal isnt over the legal limit. why? driving behavior, failure to pass the roadside tests. further, these observations also make the case easier to prosecute in court (and in virginia, satisfy the magsitrate who is looking for reasonable and just cause).