What Rights do You Have During a "Suspicion of DUI" Stop? - Page 2

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[ARCHIVED THREAD] - What Rights do You Have During a "Suspicion of DUI" Stop? (Page 2 of 3)

Posted: 1/6/2006 10:45:22 AM EDT

[#1]

Quoted:

My college roomate is a PO now. He told me he will give a field sobriety test to anyone that is 'mouthy' to him.

Your roommate has no business being a cop then.

Posted: 1/6/2006 11:06:40 AM EDT

[#2]

I know that some PDs will video tape a DUI suspect at the station during booking, interrogation, etc.

Posted: 1/6/2006 11:09:03 AM EDT

[#3]

Making cell phone calls during the stop can be problem. If a teenager calling Mom or Dad, probably not. Officer comments?

Posted: 1/6/2006 11:10:27 AM EDT

[#4]

Quoted:
Making cell phone calls during the stop can be problem. If a teenager calling Mom or Dad, probably not. Officer comments?

Hang the cell phone up before I beat you with it.

Posted: 1/6/2006 11:14:11 AM EDT

[#5]

Quoted:

Unfortunately there are still departments that use them.

Not in NYS.

Posted: 1/6/2006 11:15:48 AM EDT

[#6]

Quoted:
Hang the cell phone up before I beat you with it.

Posted: 1/6/2006 11:16:20 AM EDT

[#7]

Quoted:
In some States refusal to take sobriety tests is an offense that can be punishable with a license suspension, or other penalties.

Yup. You have the right to refuse. They have a right to suspend your license. Nobody has a Constitutional right to drive.

Posted: 1/6/2006 11:19:18 AM EDT

[#8]

Quoted:

None of us want drunk drivers on the road, the only people who can take them off the roads once they're out there are the police officers. That and of course the other option where they crash. Inevitably, the other (sober) driver is the one who always gets injured.

You forgot the third option--the "drunk" gets himself home without incident and sleeps it off. Funny that you should miss that one since, with the legal limit set at .08, it's what happens with well over 99% of "drunk" drivers on the road at any given time.

Posted: 1/6/2006 11:21:12 AM EDT

[#9]

Quoted:
Oh, if you are planning ahead on avoid a DUI, plan on having sober driver, or cab fare if you are going to drink.

And if you get stopped, be prepared for the drunk passengers to be charged with public intoxication.

Posted: 1/6/2006 11:21:24 AM EDT

[#10]

I guess I'm just weird, but I figure if I haven't been drinking or breaking the law or have anything to hide, why refuse. Refusal to me would just send up a signal that I have something to hide.

Posted: 1/6/2006 11:22:43 AM EDT

[#11]

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If you have been drinking refuse the test. Go to jail, Never give evidence against yourself. Better to lose your driving privilage than have a DUI on your record. They can fake you out, tell you anything, but can not force you to provide evidence against yourself.

You are about 90% right.

I can force blood, without a warrant, to prevent the destruction of evidence. You body is detroying the physical evidence of your impairment by processing the alcohol. So you will be giving a blood smple. it might involve TASERs, restraints, and a dog pile of angry jail gaurds, but you will put your arm out for that needle.

I'm not DUI guru, I only do 20-30 a year. but nobody has ever not given a blood/breath. I've even have the nurse take it out of a foot, shoulder or neck vein if necessary.

And what about the 5th amendment, saying you have the right to not incriminate yourself?

The 5th does not include the right to destroy evidence as the police watch.

Yea but you aren't doing it actively. It would be one thing to break out a portable dialysis machine and start filtering blood. To say a natural function of the body is "destroying evidence" is bullshit.

To hold someone down and shove a needle in their arm reeks of bullshit. If they don't want to take the test, fine, suspend their license for a year.

Posted: 1/6/2006 11:22:48 AM EDT

[#12]

Quoted:
Quoted:
Oh, if you are planning ahead on avoid a DUI, plan on having sober driver, or cab fare if you are going to drink.

And if you get stopped, be prepared for the drunk passengers to be charged with public intoxication.

- That a law in PA or something?

Posted: 1/6/2006 11:28:49 AM EDT

[#13]

Quoted:
Quoted:
Quoted:
Oh, if you are planning ahead on avoid a DUI, plan on having sober driver, or cab fare if you are going to drink.

And if you get stopped, be prepared for the drunk passengers to be charged with public intoxication.
- That a law in PA or something?

Not that I know of.
Happened down in Tennesee.

Posted: 1/6/2006 11:31:22 AM EDT

[#14]

Quoted:
Quoted:
Oh, if you are planning ahead on avoid a DUI, plan on having sober driver, or cab fare if you are going to drink.

And if you get stopped, be prepared for the drunk passengers to be charged with public intoxication.

Never heard that one before.

Posted: 1/6/2006 11:32:51 AM EDT

[#15]

Quoted:
The 5th does not include the right to destroy evidence as the police watch.

Yea but you aren't doing it actively. It would be one thing to break out a portable dialysis machine and start filtering blood. To say a natural function of the body is "destroying evidence" is bullshit.

To hold someone down and shove a needle in their arm reeks of bullshit. If they don't want to take the test, fine, suspend their license for a year.

In ALL situations? What if the driver in question has killed an entire family? You think that all they should walk away with is a suspended license for a year? You don't think the public has an interest in being able to prove impaired operation ?

Posted: 1/6/2006 11:36:38 AM EDT

[#16]

Quoted:
Quoted:
Quoted:
Quoted:
Oh, if you are planning ahead on avoid a DUI, plan on having sober driver, or cab fare if you are going to drink.

And if you get stopped, be prepared for the drunk passengers to be charged with public intoxication.
- That a law in PA or something?

Not that I know of.
Happened down in Tennesee.

its not a charge here

Posted: 1/6/2006 11:39:04 AM EDT

[#17]

Most weekends I work as a bassist in a classic rock band - I don't drink and drive at all.

Those that drink to excess and drive are complete idiots in my book, but, here in Georgia, there is no requirement to take a FSB - HOWEVER, most officers will "ask" you in such a way that it sounds like a command.

If you refuse the breath test at the jail, your license is automatically suspended for a year.

I've dealt with this crap numerous times over the years - especially when some drunk in a bar spills a beer all over me while going to the john during a break - then I have to drive home a 2:00 am.

Try to explain to the cop at the license check why you smell like a brewery!

There's nothing worse than a drunk when you're sober

Posted: 1/6/2006 12:08:09 PM EDT

[#18]

My brother was a bartender, now a restaurant supervisor. He would get pulled over a couple times for after a late night and looked tired and red-eyed, smelling like booze. He got tested several times. He always figured he had nothing to hide.

Posted: 1/6/2006 12:20:31 PM EDT

[#19]

Quoted:
My brother was a bartender, now a restaurant supervisor. He would get pulled over a couple times for after a late night and looked tired and red-eyed, smelling like booze. He got tested several times. He always figured he had nothing to hide.

I don't have anything to hide but would much rather assert my rights.

Posted: 1/6/2006 12:31:19 PM EDT

[#20]

Quoted:
Quoted:
The 5th does not include the right to destroy evidence as the police watch.

Yea but you aren't doing it actively. It would be one thing to break out a portable dialysis machine and start filtering blood. To say a natural function of the body is "destroying evidence" is bullshit.

To hold someone down and shove a needle in their arm reeks of bullshit. If they don't want to take the test, fine, suspend their license for a year.

In ALL situations? What if the driver in question has killed an entire family? You think that all they should walk away with is a suspended license for a year? You don't think the public has an interest in being able to prove impaired operation ?

Can the state force someone to take a DNA test to get evidence for a murder trial?

Posted: 1/6/2006 1:04:21 PM EDT

[#21]

Quoted:
I don't have anything to hide but would much rather assert my rights.

Again, I figure if I start reading them the riot act and my rights, its just going to annoy them, raise their suspicions and keep me there longer than I want/need to be. No sure about you, but my time is worth more than that. Test me, find me not intoxicated and send me on my way.

Granted, I realize there are cops out there that abuse rights, but I don't think testing me for DUI violates my rights. They pulled me over for a reason. Everytime my brother explained the situation, told them where he worked, showed his employee ID card and his bartender license, they either let him go completely and told him to slow down or just wrote him a speeding ticket. But more often than not, just a warning.

I think it goes with showing the cop respect. I don't have to tell him I'm carrying, but I do, and they respect me more for it.

Posted: 1/6/2006 1:43:00 PM EDT

[#22]

Quoted:
In some States refusal to take sobriety tests is an offense that can be punishable with a license suspension, or other penalties.

This is the way it is in Oregon. A condition for the privaledge of having a drivers license is that you will submit to a sobriety test. If you don't submit, you lose your license.

Posted: 1/7/2006 12:28:45 PM EDT

[#23]

Quoted:
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If you have been drinking refuse the test. Go to jail, Never give evidence against yourself. Better to lose your driving privilage than have a DUI on your record. They can fake you out, tell you anything, but can not force you to provide evidence against yourself.

You are about 90% right.

I can force blood, without a warrant, to prevent the destruction of evidence. You body is detroying the physical evidence of your impairment by processing the alcohol. So you will be giving a blood smple. it might involve TASERs, restraints, and a dog pile of angry jail gaurds, but you will put your arm out for that needle.

I'm not DUI guru, I only do 20-30 a year. but nobody has ever not given a blood/breath. I've even have the nurse take it out of a foot, shoulder or neck vein if necessary.

And what about the 5th amendment, saying you have the right to not incriminate yourself?

The 5th does not include the right to destroy evidence as the police watch.

Yea but you aren't doing it actively. It would be one thing to break out a portable dialysis machine and start filtering blood. To say a natural function of the body is "destroying evidence" is bullshit.

Then you clearly do not understand how the human body processess alcohol. If you wait for a warrant the evidence will be gone.

Posted: 1/7/2006 12:29:41 PM EDT

[#24]

Did anyone else read it as:

What Rights do You Have During a "Suspicion of DU" Stop?

Posted: 1/7/2006 12:37:37 PM EDT

[#25]

Quoted:
Quoted:
Oh, if you are planning ahead on avoid a DUI, plan on having sober driver, or cab fare if you are going to drink.

And if you get stopped, be prepared for the drunk passengers to be charged with public intoxication.

I don't know how it works in PA, but around here, PI requires a hell of a lot more than a .08. To get arrested for PI, you have to be intoxicated to a point where you're a danger to yourself or others.

In practice, I'm pretty sure that means drunk and pissing off the cop. Drunk passengers who keep their mouths shut are not likely to get themselves arrested. Those who make themselves obnoxious to the cop are.

Posted: 1/7/2006 12:51:36 PM EDT

[#26]

Quoted:
Quoted:
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Oh, if you are planning ahead on avoid a DUI, plan on having sober driver, or cab fare if you are going to drink.

And if you get stopped, be prepared for the drunk passengers to be charged with public intoxication.

Never heard that one before.

I watched it happen once. At about 2:30 a.m. on New Year's Day a couple years ago I was out walking my dog when a car load of drunks drove into the ditch right in front of me. Someone called the cops, who arrived shortly thereafter while they were trying to extract the car from the ditch (very ineffectively, I might add). The cops questioned the group and when they'd ascertained who was driving, they cuffed him. And then one of the girls in the car started screaming at the cops. So they cuffed her and put her in the back seat of the car. When she tried to kick out the windows, they hog-tied her (they had some sort of restraint that appeared to have been designed for that very purpose). And over the course of the half hour or so that they were there, every one of the drunks who were riding in hte car did something to convince the cops that they needed to go to jail.

I talked with one of the cops afterward. Even though most of them were underage, she said they would have been satisfied to call their parents and have them come pick them up. The driver was the only one they felt like they needed to take in initially. But being young, drunk and stupid, they all got themselves arrested one by one.

I'm sure that when they tell the story, the cops were real assholes who arrested them for nothing.

Posted: 1/7/2006 12:52:48 PM EDT

[#27]

Bama, if a minor asked your permission, would you allow a call to a parent while you had the kid stopped?

Posted: 1/7/2006 1:08:05 PM EDT

[#28]

Quoted:
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Quoted:
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If you have been drinking refuse the test. Go to jail, Never give evidence against yourself. Better to lose your driving privilage than have a DUI on your record. They can fake you out, tell you anything, but can not force you to provide evidence against yourself.

You are about 90% right.

I can force blood, without a warrant, to prevent the destruction of evidence. You body is detroying the physical evidence of your impairment by processing the alcohol. So you will be giving a blood smple. it might involve TASERs, restraints, and a dog pile of angry jail gaurds, but you will put your arm out for that needle.

I'm not DUI guru, I only do 20-30 a year. but nobody has ever not given a blood/breath. I've even have the nurse take it out of a foot, shoulder or neck vein if necessary.

And what about the 5th amendment, saying you have the right to not incriminate yourself?

The 5th does not include the right to destroy evidence as the police watch.

Yea but you aren't doing it actively. It would be one thing to break out a portable dialysis machine and start filtering blood. To say a natural function of the body is "destroying evidence" is bullshit.

Then you clearly do not understand how the human body processess alcohol. If you wait for a warrant the evidence will be gone.

And you clearly don't realize how dumb it is to force a needle into someone's body against their will.

Posted: 1/7/2006 1:11:54 PM EDT

[#29]

Quoted:
Quoted:
Quoted:
The 5th does not include the right to destroy evidence as the police watch.

Yea but you aren't doing it actively. It would be one thing to break out a portable dialysis machine and start filtering blood. To say a natural function of the body is "destroying evidence" is bullshit.

To hold someone down and shove a needle in their arm reeks of bullshit. If they don't want to take the test, fine, suspend their license for a year.

In ALL situations? What if the driver in question has killed an entire family? You think that all they should walk away with is a suspended license for a year? You don't think the public has an interest in being able to prove impaired operation ?

Can the state force someone to take a DNA test to get evidence for a murder trial?

Well, are JBTs going to answer that?

After all, society does have an interest in obtaining evidence from a suspect. Doesn't it?

Fuck that inconvenient 5th Amendment......

Posted: 1/7/2006 1:20:22 PM EDT

[#30]

Here in GA you can refuse all you want, I won't force you to do anything. However If you refuse and I do arrest you I issue you a temporary driving permit, and we have a scheduled license suspension hearing. At that time I present my case to a judge and he or she decides if there was enough probable cause to make the arrest. If they decided that there was you will get a "hard" suspension, ie you will lose your license for quite some time with absolutley no driving priveledges more than likely. But hey take your chances, atleast you will save on gas money for the next year if you refuse the test...LOL!!!!!!!!!

hug.gif

Posted: 1/7/2006 1:32:08 PM EDT

[#31]

One of my friends wrecked his truck because he was stinking drunk. The officers reqested a sobriety test and he told them what they could do with he breathalizer. He was driving drunk and he was stupid for doing it but he told the cops that doing a sobriety test would likely self-incriminate himself so he refused. He was fined for failing to submit to a sobriety test and lost his license. However he did not get a DUI and his insurance won't have him on record as driving drunk. He was also able to excape VASAP (alcohol awareness classes) that cost an arm and a leg to take.

Posted: 1/7/2006 6:19:29 PM EDT

[#32]

Quoted:
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Oh, if you are planning ahead on avoid a DUI, plan on having sober driver, or cab fare if you are going to drink.

And if you get stopped, be prepared for the drunk passengers to be charged with public intoxication.

I don't know how it works in PA, but around here, PI requires a hell of a lot more than a .08. To get arrested for PI, you have to be intoxicated to a point where you're a danger to yourself or others.

Thats the law here. "unable to care for yourself." Meaning piss angels in the street or taking a little nappy on the pavement in the bar parking lot.

Posted: 1/7/2006 6:23:44 PM EDT

[#33]

Quoted:
Bama, if a minor asked your permission, would you allow a call to a parent while you had the kid stopped?

Once the situation is stable, i will call their parents for them. until then nobody gets on the phone. Simply becuase i dont know who they are calling, why or what they are asking of them. It might be "mama, i'm gonna be a little late" or it might be "hola sniper! ju, shady and lil' rascal grab dat SKS and get down here now."

Posted: 1/7/2006 6:26:16 PM EDT

[#34]

Quoted:
Quoted:
Quoted:
Quoted:
The 5th does not include the right to destroy evidence as the police watch.

Yea but you aren't doing it actively. It would be one thing to break out a portable dialysis machine and start filtering blood. To say a natural function of the body is "destroying evidence" is bullshit.

To hold someone down and shove a needle in their arm reeks of bullshit. If they don't want to take the test, fine, suspend their license for a year.

In ALL situations? What if the driver in question has killed an entire family? You think that all they should walk away with is a suspended license for a year? You don't think the public has an interest in being able to prove impaired operation ?

Can the state force someone to take a DNA test to get evidence for a murder trial?

Well, are JBTs going to answer that?

Already have. A suspects DNA evidence is not going to be destroyed while you type out a 7 page search warrant request. Alcohol in the bloodstream will.

Posted: 1/7/2006 6:33:00 PM EDT

[#35]

I walked to the store to get beer rather than drive tonight

Posted: 1/7/2006 9:54:17 PM EDT

[#36]

Quoted:
So what about checkpoints? Why should a sober citizen subject himself to a field sobriety test? Breathalyzers can malfunction, etc. I'm just playing devil's advocate here, from the perspective of citizens who wish to protect themselves from intrusion.

Well in California at least (and for the MORONS that don't read well IN CALIFORNIA) you generally have several blocks of warnings and a few exit routes to take to drive around the checkpoint. IIRC most breathalyzers are calibrated pretty often to avoid the problem of alledged malfunctions.

Just remember that the CITIZENS in locales where those checkpoints are, acted to have those checkpoints there. They don't just materialize out of nowhere.

Posted: 1/7/2006 10:00:13 PM EDT

[#37]

Quoted:
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If you have been drinking refuse the test. Go to jail, Never give evidence against yourself. Better to lose your driving privilage than have a DUI on your record. They can fake you out, tell you anything, but can not force you to provide evidence against yourself.

You are about 90% right.

I can force blood, without a warrant, to prevent the destruction of evidence. You body is detroying the physical evidence of your impairment by processing the alcohol. So you will be giving a blood smple. it might involve TASERs, restraints, and a dog pile of angry jail gaurds, but you will put your arm out for that needle.

I'm not DUI guru, I only do 20-30 a year. but nobody has ever not given a blood/breath. I've even have the nurse take it out of a foot, shoulder or neck vein if necessary.

And what about the 5th amendment, saying you have the right to not incriminate yourself?

The 5th does not include the right to destroy evidence as the police watch.

Yea but you aren't doing it actively. It would be one thing to break out a portable dialysis machine and start filtering blood. To say a natural function of the body is "destroying evidence" is bullshit.

Then you clearly do not understand how the human body processess alcohol. If you wait for a warrant the evidence will be gone.

And you clearly don't realize how dumb it is to force a needle into someone's body against their will.

Another mastermind that conveniently forgets the 5th protects against "UNREASONABLE", and when the state legislatures and the State courts and the Federal Courts have all determined, that once you agreed to a contract with the state regarding your driving privileges, the state can take what actions the people of that state have determined by constituional process, to enforce the contract YOU agreed to.

Posted: 1/7/2006 10:02:33 PM EDT

[#38]

Quoted:
Quoted:
Quoted:
Quoted:
The 5th does not include the right to destroy evidence as the police watch.

Yea but you aren't doing it actively. It would be one thing to break out a portable dialysis machine and start filtering blood. To say a natural function of the body is "destroying evidence" is bullshit.

To hold someone down and shove a needle in their arm reeks of bullshit. If they don't want to take the test, fine, suspend their license for a year.

In ALL situations? What if the driver in question has killed an entire family? You think that all they should walk away with is a suspended license for a year? You don't think the public has an interest in being able to prove impaired operation ?

Can the state force someone to take a DNA test to get evidence for a murder trial?

Well, are JBTs going to answer that?

After all, society does have an interest in obtaining evidence from a suspect. Doesn't it?

Fuck that inconvenient 5th Amendment......

Another mastermind that conveniently forgets the 5th protects against "UNREASONABLE", and when the state legislatures and the State courts and the Federal Courts have all determined, that once you agreed to a contract with the state regarding your driving privileges, the state can take what actions the people of that state have determined by constituional process, to enforce the contract YOU agreed to.

And in most states the legislatureas and courts have found that a DNA sample is no more intrusive than fingerprinting. And usually can be taken in the same circumstances.

Posted: 1/7/2006 10:29:45 PM EDT

[#39]

Happened to a friend of my daughters. She was pulled over for suspicion of dwi. Blew 0.0, passed all tests. Cop says I think you are on meth or something else. arrests her, draws blood finds trace of prescription meds.
This girl does not drink or do drugs, never has. she is always the designated driver as she was on this evening. Her father is undercover narcotics in San Fran. His good word didn't help.
D.A. finally drops charges but it cost a shit load for a lawyer. BTW the girl she was designated driving for got to drive her car home that night.

Roy

Posted: 1/7/2006 10:34:06 PM EDT

[#40]

Quoted:
I guess I'm just weird, but I figure if I haven't been drinking or breaking the law or have anything to hide, why refuse. Refusal to me would just send up a signal that I have something to hide.

I guess I'm just weird, but if I haven't been drinking I see no need to agree to any tests.

Roy

Posted: 1/7/2006 10:36:38 PM EDT

[#41]

I've never drank drop of alcohol in my life and been asked to do sobriety tests. I knocked them out and was released to go about my business.

Posted: 1/7/2006 10:38:26 PM EDT

[#42]

After reading all this .....
First I figured if I got nothing to hide why not? But now it sounds like its more of a "Power Trip" for most(Not all) of the LEO's. I know its a real shity thing when someone gets killed DUI of not but you always have some rights to exercise.

Posted: 1/7/2006 10:42:33 PM EDT

[#43]

Quoted:
But now it sounds like its more of a "Power Trip" for most(Not all) of the LEO's.

- actually it would be the exact opposite in my experience

Posted: 1/7/2006 11:06:49 PM EDT

[#44]

Quoted:

Another mastermind that conveniently forgets the 5th protects against "UNREASONABLE", and when the state legislatures and the State courts and the Federal Courts have all determined, that once you agreed to a contract with the state regarding your driving privileges, the state can take what actions the people of that state have determined by constituional process, to enforce the contract YOU agreed to.

I think that you have the 4th and 5th ammmendments mixed up check the bill of rights and see if the word UNREASONABLE is mentioned in the 5th ammendment.

as for the origional topic why don't you just ask Ted Kennedy? He knows a lot more about this subject than any Arfcommer.

Posted: 1/7/2006 11:39:34 PM EDT

[#45]

You draw down on the officer and tell him to get the fuck away from your car.

then speed away so we can all watch the chase on fox news

Posted: 1/8/2006 6:15:40 AM EDT

[#46]

Quoted:
Happened to a friend of my daughters. She was pulled over for suspicion of dwi. Blew 0.0, passed all tests. Cop says I think you are on meth or something else. arrests her, draws blood finds trace of prescription meds.

What type? Tranqs? opiates? Adderall? Lots of Rx meds you shouldnt drive on. in fact any that carry a warning lable of do not operate heavy machinery/equipment.

Posted: 1/8/2006 6:22:41 AM EDT

[#47]

Quoted:
After reading all this .....
First I figured if I got nothing to hide why not? But now it sounds like its more of a "Power Trip" for most(Not all) of the LEO's.

Nope. its laziness for me. I really hate writing traffic collision reports. They take me DAYS to complete. I dont get to stop handling report calls while I'm writing the TC report, so its write a few minutes, handle a call, write a few minutes, handle a call. By the time i done figure 9-10 hours to write a TC report with injuries and multiple witnesses. Then i figured something out. A DUI report takes me about 40 minutes to write. Do you know what really brings down injury traffic collisions? DUI arrests. So the more DUI arrests i make the less TC reports i write. Of course there is the added benifit of less people getting killed or injured and less property damaged.

Drunks crash, a lot. 50-70% of driver involved in single vehicle TC's have a BAC of .10% or more!

Posted: 1/8/2006 7:50:06 AM EDT

[#48]

Quoted:
Bama, if a minor asked your permission, would you allow a call to a parent while you had the kid stopped?

No. Not until I know what's going on and what my plan of action is going to be. I don't want a car load of parents showing up and making a bad situation worse.

Posted: 1/8/2006 8:08:56 AM EDT

[#49]

Theres a rumor going around that in California, If the driver is drunk, all passangers get a D.U.I. True? Also is it illegal to talk on your cell phone while driving now? I live in WA, but Im always visiting California.

Posted: 1/8/2006 6:37:13 PM EDT

[#50]

Quoted:
Theres a rumor going around that in California, If the driver is drunk, all passangers get a D.U.I. True?

Completely false.

Also is it illegal to talk on your cell phone while driving now? I live in WA, but Im always visiting California.

Also false.

[ARCHIVED THREAD] - What Rights do You Have During a "Suspicion of DUI" Stop? (Page 2 of 3)

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