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Posted: 9/17/2004 11:50:18 AM EST
WTF is this could shit? Yeah, cops are held to the same standard

What do you think if it was YOU? You would get the Slammer and a VERY hefty fine.


San Antonio Express-News

SAN ANTONIO

Police officer could face DWI charge

San Antonio police filed a driving-while-intoxicated case with the Bexar County district attorney's office Wednesday against Police Officer Paul Rodriguez, 29, who was pulled over Sept. 3 after leaving a neighborhood bar.

Police stopped Rodriguez, who they said was driving his 2004 silver Infiniti at 108 mph., at about 3 a.m. at Loop 410 and Babcock Road. His speech was slurred, clothing disheveled and he was unsteady on his feet, according to a police report.

Rodriguez consented to a field sobriety test and was read his Miranda rights. He declined to take a Breathalyzer test. He later complained of chest pains and was taken to University Hospital.

Police spokesman Gabe Treviño said Rodriguez spent several hours at the hospital. Under San Antonio police procedure, charges may be delayed against people suspected of a nonviolent Class B misdemeanor or lower who wait longer than two hours for treatment.

Rodriguez has been placed on administrative duty. Treviño said the district attorney's office will decide whether to file formal charges.
Link Posted: 9/17/2004 11:54:40 AM EST
welcome to the great state of texas
Link Posted: 9/17/2004 11:57:02 AM EST

Originally Posted By 1776:Rodriguez consented to a field sobriety test and was read his Miranda rights. He declined to take a Breathalyzer test. He later complained of chest pains and was taken to University Hospital.

Police spokesman Gabe Treviño said Rodriguez spent several hours at the hospital. Under San Antonio police procedure, charges may be delayed against people suspected of a nonviolent Class B misdemeanor or lower who wait longer than two hours for treatment.



So THAT'S how you do it!

Thanks cop!
Link Posted: 9/17/2004 11:57:11 AM EST
[Last Edit: 9/17/2004 11:59:48 AM EST by shotar]
Link Posted: 9/17/2004 11:58:30 AM EST
A civilian would be in soooo much trouble for that stunt.
Link Posted: 9/17/2004 12:01:55 PM EST
[Last Edit: 9/17/2004 12:03:42 PM EST by TomJefferson]
Link Posted: 9/17/2004 12:05:41 PM EST
We had one arrested from my town this past weekend (in another jurisdiction). So far as I know he was only put on a desk job temporarily (until people forget about it, presumably).
Link Posted: 9/17/2004 12:17:08 PM EST
[Last Edit: 9/17/2004 12:20:41 PM EST by AR15fan]

Originally Posted By 1776:
WTF is this could shit? Yeah, cops are held to the same standard

What do you think if it was YOU? You would get the Slammer and a VERY hefty fine.


San Antonio Express-News

SAN ANTONIO

Police officer could face DWI charge

San Antonio police filed a driving-while-intoxicated case with the Bexar County district attorney's office Wednesday against Police Officer Paul Rodriguez, 29, who was pulled over Sept. 3 after leaving a neighborhood bar.

Police stopped Rodriguez, who they said was driving his 2004 silver Infiniti at 108 mph., at about 3 a.m. at Loop 410 and Babcock Road. His speech was slurred, clothing disheveled and he was unsteady on his feet, according to a police report.

Rodriguez consented to a field sobriety test and was read his Miranda rights. He declined to take a Breathalyzer test. He later complained of chest pains and was taken to University Hospital.

Police spokesman Gabe Treviño said Rodriguez spent several hours at the hospital. Under San Antonio police procedure, charges may be delayed against people suspected of a nonviolent Class B misdemeanor or lower who wait longer than two hours for treatment.

Rodriguez has been placed on administrative duty. Treviño said the district attorney's office will decide whether to file formal charges.



Whats the problem? He was taken to the hospital instead of the drunk tank. I have had dozens of drunk drivers who needed to go to the hospital. They still get prosecuted, after the DA reveiws the case. Show me were the handling officer violated state law, department policy, or even showed the officer any consideration he would have not show anyone else, and i will join your lynch mob.
Link Posted: 9/17/2004 12:19:04 PM EST

Originally Posted By ArmedAggie:
So far as I know he was only put on a desk job temporarily (until people forget about it, presumably).



I would support firing everyone, from any job, if they get arrested for DUI. Until then, its silly to punish OFF DUTY conduct that is no business of the employer.
Link Posted: 9/17/2004 12:20:43 PM EST
+1

In many states, the suspension of your license is automatic if you refuse a Breathalyzer test. Likely what happened here. This a wait and see what happens type situation.
Link Posted: 9/17/2004 12:22:35 PM EST
I let a drunk go last night with a turn signal ticket!!! I got behind him on the highway, he crossed the centerline 3 times, failed to use turn signal twice, stopped him, he had just left the bar and was on his way to a friends house. I told him to call a ride, wrote him a ticket for the turn signal, and waited with him 30 + minutes for a ride to get there. Then his ride couldn't drive a stick, so I drove his car to a nearby parking lot for him.........................yeah us cops are jackoffs!!!!!!
Link Posted: 9/17/2004 12:27:58 PM EST
[Last Edit: 9/17/2004 12:40:48 PM EST by AR15fan]

Originally Posted By AZ_Hi_Desert:
+1

In many states, the suspension of your license is automatic if you refuse a Breathalyzer test. Likely what happened here. This a wait and see what happens type situation.



The article doesnt make it clear if he refused a field breathalizer/PAS prior to his arrest (which he can do in most states) or if he refused a custodial breath, blood, or urine tests (which is what triggers the administrative suspension).

Since he went to the hospital he probably gave a blood sample.

if you are ever stopped for "drunk driving: the best course of action is to refused ANY FST's and refuse any field breath test. That way the DA has to make his case on the observed symptoms of intoxication, and the observed driving alone.

If arrested, you can refuse to give a breath or blood sample. Your license will however be administratively suspended.

With no FST's, and no breath test, a conviction is unlikely.
Link Posted: 9/17/2004 12:35:31 PM EST
[Last Edit: 9/17/2004 12:42:52 PM EST by Garand_Shooter]

Originally Posted By AR15fan:

Originally Posted By ArmedAggie:
So far as I know he was only put on a desk job temporarily (until people forget about it, presumably).



I would support firing everyone, from any job, if they get arrested for DUI. Until then, its silly to punish OFF DUTY conduct that is no business of the employer.



Anyone from any job, no. But fire anyone whose job requires them to operate a company vehicle, a firearm, or is of great responsibility when they have shown they do not have the good judgement or self discipline required not to get a DUI.

If you flip burgers its no big deal. But if you operate a company vehicle, why should the company have to pay butloads more insurance money to cover you, if you even still retain a valid DL.

Off duty condict is most vertainly the business of the employer if that is the term of teh contract you agreed to when you wree hired. If I get a DUI I lose my security clearance, and enough paper in my file to end my USAR career. If you are required to operate a company vehicle, your driving history is the business of your employer and his insurer.

Truck drivers damm sure get fired for DUI..... and they are held to a higher standard than cops when it comes to BAC in most states.
Link Posted: 9/17/2004 12:39:39 PM EST

Originally Posted By AR15fan:


With no FST's, and no breath test, a conviction is unlikely.



Not so here in Missouri, a full 75% refuse SFST, and BAC test. Yet our prosecutors get convictions on most. Like you said, at that point it depends on the officers report and Video.....all of our cars have in car video/audio systems, so it is easy for the judge to see the condition of the suspect, his driving prior to being stopped, and his actions and appearance during the stop. As we all know, the dirtbag with a mullet, 3 days beard growth, and urine stained clothes.......will show up in court with a shave, haircut, and a 3 piece suit.
Link Posted: 9/17/2004 12:55:51 PM EST
those laws aren't for cops. my cop friend and i were pulled over doing 50 in a 25. cop goes to the window my freind puts his vodka in the cupholder so he can grab his badge. friend shows his badge cop says have fun boys. i forgot to mention the driving on the wrong side of the road thing. another story is when we were shooting in san bernardino the police choper shines the spot light on us as 4 cop cars surround us. they order us to unload and put our weapons in the back of our truck and follow them to the highway. at the highway they did a fellony stop. first out was the driver then the front pasenger. the driver and front pasenger are sherrif deps. they show I.D. and again have fun boys. tell me how that would go without the deps and their badges?
Link Posted: 9/17/2004 1:00:31 PM EST

Originally Posted By schv:
I let a drunk go last night with a turn signal ticket!!! I got behind him on the highway, he crossed the centerline 3 times, failed to use turn signal twice, stopped him, he had just left the bar and was on his way to a friends house. I told him to call a ride, wrote him a ticket for the turn signal, and waited with him 30 + minutes for a ride to get there. Then his ride couldn't drive a stick, so I drove his car to a nearby parking lot for him.........................yeah us cops are jackoffs!!!!!!




You are the ONLY cop that would do that.
Link Posted: 9/17/2004 1:05:37 PM EST

Originally Posted By AR15fan:

Originally Posted By AZ_Hi_Desert:
+1

In many states, the suspension of your license is automatic if you refuse a Breathalyzer test. Likely what happened here. This a wait and see what happens type situation.



The article doesnt make it clear if he refused a field breathalizer/PAS prior to his arrest (which he can do in most states) or if he refused a custodial breath, blood, or urine tests (which is what triggers the administrative suspension).

Since he went to the hospital he probably gave a blood sample.

if you are ever stopped for "drunk driving: the best course of action is to refused ANY FST's and refuse any field breath test. That way the DA has to make his case on the observed symptoms of intoxication, and the observed driving alone.

If arrested, you can refuse to give a breath or blood sample. Your license will however be administratively suspended.

With no FST's, and no breath test, a conviction is unlikely.



Here in AZ, declining/refusing a breathalyzer test will automatically get you a charge of DUI, whether you were drinking or not. They literally take your license from you on the spot. Tis the law. But then, this state has had as whole bunch of DUI convictions tossed out recently, so maybe some tweaking of the law is needed.
Link Posted: 9/17/2004 1:05:48 PM EST


The SAPD is straight up. If there's a case that can be prosecuted, he will be charged just the same as anyone else. It's happened many times. There's no violation of procedure in what I see here, and no favoritism. Not saying that someone won't cut a brother (sister?) officer some slack on a speeding violation or some such, but DUI's are a no no.

Link Posted: 9/17/2004 1:08:05 PM EST

Originally Posted By 1776:

Originally Posted By schv:
I let a drunk go last night with a turn signal ticket!!! I got behind him on the highway, he crossed the centerline 3 times, failed to use turn signal twice, stopped him, he had just left the bar and was on his way to a friends house. I told him to call a ride, wrote him a ticket for the turn signal, and waited with him 30 + minutes for a ride to get there. Then his ride couldn't drive a stick, so I drove his car to a nearby parking lot for him.........................yeah us cops are jackoffs!!!!!!




You are the ONLY cop that would do that.



There are a few others like me out there................we just don't make the headlines by being nice to people!!!!
Link Posted: 9/17/2004 1:13:07 PM EST
The red highlighted part in the first would not read that way if it were Joe Schmo.
Charges would ABSOLUTLY be filed.
Link Posted: 9/17/2004 1:27:40 PM EST
thats nothin my Uncle was a SR-71 pilot 2 tours Nam fighters,,like most who live life to the fullest/edge fight hard, work hard and drank hard,,,he eneded up in Bethesda Hospital,,at the time when "alcoholism" was not an acceppted disease in the military,, he told my he and 2 Trident Sub Commanders were placed in a special area,,with other high clearance Officers hush hush and treated,,he retired in the early 90's and became a College Professor.....my dad flew RB-57''''''''s over East Germany oopps...and those jets flew with pressurized cockpits to altitudes higher than anmitted,,I have recon photo's black and white beauties on the wall..........
Link Posted: 9/17/2004 1:40:59 PM EST
[Last Edit: 9/17/2004 1:42:50 PM EST by TeuffelHunden1775]

Originally Posted By schv:
I let a drunk go last night with a turn signal ticket!!! I got behind him on the highway, he crossed the centerline 3 times, failed to use turn signal twice, stopped him, he had just left the bar and was on his way to a friends house. I told him to call a ride, wrote him a ticket for the turn signal, and waited with him 30 + minutes for a ride to get there. Then his ride couldn't drive a stick, so I drove his car to a nearby parking lot for him.........................yeah us cops are jackoffs!!!!!!



That, sir, is the old school I came from.

On the other, states may vary, but every where I know of, refusing a field breath test is AUTOMATIC one year suspension of DL regardless of outcome of charges. Also, hospital be damned, anyone else would have gone straight to jail after release only to have charges filed and bail set at the next convenient time for the judge.

Nothing special going on here? Give me a break. I will say, also, that I've seen departments that swing completely 180. They'll fire a cop if someone even alledges something to keep contraversy out of the press. Both are wrong, IMHO.

Carry on, Semper Fi!
Link Posted: 9/17/2004 2:27:39 PM EST
[Last Edit: 9/17/2004 2:31:11 PM EST by AR15fan]

Originally Posted By TeuffelHunden1775:

Originally Posted By schv:
I let a drunk go last night with a turn signal ticket!!! I got behind him on the highway, he crossed the centerline 3 times, failed to use turn signal twice, stopped him, he had just left the bar and was on his way to a friends house. I told him to call a ride, wrote him a ticket for the turn signal, and waited with him 30 + minutes for a ride to get there. Then his ride couldn't drive a stick, so I drove his car to a nearby parking lot for him.........................yeah us cops are jackoffs!!!!!!



That, sir, is the old school I came from.

On the other, states may vary, but every where I know of, refusing a field breath test is AUTOMATIC one year suspension of DL regardless of outcome of charges. Also, hospital be damned, anyone else would have gone straight to jail after release only to have charges filed and bail set at the next convenient time for the judge.


Many of you are mistaking a Portable Alcohol Screening devise (PAS) done in the field, prior to arrest, with a breath or blood test after arrest.



No state says you must submit to a prearrest PAS in the field. Every state says you must submit to a breath or blood test AFTER your arrest. You can refuse to take a PAS as part of the SFST's. You cannot refuse to take a blood or breath test after arrest.

Compelling you to take a pre-arrest PAS as part of the FST's would be a violation of your rights against self incrimination.


BTW; DUI is a cite & release offense. the only reason we take people to jail for DUI is to do the breath/blood test, and let them sober up. if they go to the hospital, and we draw blood there, the same thing has been acomplished. but dont take my word for it, I only do it for a living.
Link Posted: 9/17/2004 2:28:36 PM EST

Originally Posted By 1776:

Originally Posted By schv:
I let a drunk go last night with a turn signal ticket!!! I got behind him on the highway, he crossed the centerline 3 times, failed to use turn signal twice, stopped him, he had just left the bar and was on his way to a friends house. I told him to call a ride, wrote him a ticket for the turn signal, and waited with him 30 + minutes for a ride to get there. Then his ride couldn't drive a stick, so I drove his car to a nearby parking lot for him.........................yeah us cops are jackoffs!!!!!!




You are the ONLY cop that would do that.



Around here we call that laziness and assuming civil liability.
Link Posted: 9/17/2004 2:37:42 PM EST
By the looks of it I think he will get his ass handed to him.
Link Posted: 9/17/2004 2:40:22 PM EST
Link Posted: 9/17/2004 4:54:43 PM EST

Originally Posted By AR15fan:

Originally Posted By 1776:

Originally Posted By schv:
I let a drunk go last night with a turn signal ticket!!! I got behind him on the highway, he crossed the centerline 3 times, failed to use turn signal twice, stopped him, he had just left the bar and was on his way to a friends house. I told him to call a ride, wrote him a ticket for the turn signal, and waited with him 30 + minutes for a ride to get there. Then his ride couldn't drive a stick, so I drove his car to a nearby parking lot for him.........................yeah us cops are jackoffs!!!!!!




You are the ONLY cop that would do that.



Around here we call that laziness and assuming civil liability.




You would, but then again YOU are SUPERCOP. Always following the letter of the law, don't let those bad guys get away. Don't treat anyone like they may be your niehbor. Fuck em, anything they tell you is a lie, arrest em all. Big deal this suspect just found out his best friend is banging his wife and he wanted to drown his sorrow, fuck him, it's off to the gray bar hotel tonight. Remember your SUPERCOP no laziness on your shift, no, your self imposed standards and quotas WILL be upheld or you may be preceived as being human. YES you are SUPERCOP.

Roy
Link Posted: 9/17/2004 7:44:05 PM EST
In Texas PBT's or field breathalyzers are not admissible in court. Some agencies use them as further PC for the DWI arrest along with the pre arrest screening phase(SFST's, officer's observations, etc).

We have what we call implied consent when you take your driver's license. That implied consent says that you will submit to a blood and/or breath test to determine your blood alcohol content. You can refuse the breath test but your license automatically(or is supposed to be) suspended. Though you can still have what we call an ALR hearing to contest the suspension with a TX DPS ALR judge. Though these judges are not true judges and are not defined as such under who are magistrates in the TX Code of Crim. Procedure.

If he was taken to the hospital then we have what we call a grand jury subpeona which is issued by the DA's office to the "custodian of records" of the hospital. Basically it says give me their damn records and we'll see if they have an BAC content in it. If you are going to the hospital and they suspect alcohol they almost always do a BAC to see how high it is to see if that is one of the possible factors affecting the patient/suspect. They could be waiting for those results before the charge is filed and that's why it's said, "could face."

Relax guys...plenty of people out there in the DA's office that owuld love to make a name for themselves by sticking it to a "bad cop."
Link Posted: 9/17/2004 8:24:13 PM EST
SO, JADAMS, what do you think of AR15fans advice. Refuse the FST, refuse the blood test, take the license suspension?

Is this a better alternative to getting the DUI. (If you know you are drunk?)

Just curious to a TX cop's opinion.

TXL
Link Posted: 9/17/2004 9:58:37 PM EST
[Last Edit: 9/17/2004 10:01:34 PM EST by Dave_A]

Originally Posted By pazzo:
A civilian would be in soooo much trouble for that stunt.



A civillian would get the exact same treatment...

The DA's decision would (and probably will be here) definately be to file charges...

A $600-or-so ticket would be issued allong with a license suspension/revocation and occupational driving privledges...

Jail is (at least here) only typical for repeat offenders...

Oh, and in WI you CANNOT refuse a field breath testt, if you do you will lose your license...
Link Posted: 9/17/2004 10:18:08 PM EST

Originally Posted By rdsr:
Don't treat anyone like they may be your neighbor.


Lemme see...one neighbor of mine is a convicted child molester. Hmm...the other neighbor used to throw wild parties for his teen aged kids til all hours of the night.Then when one of them took him up on his lifestyle example by driving home drunk one night with a carload of kids and killing one or two of them by running into a fuel taker truck, he disowned her...yeah. treat them like my neighbor alright.
For what its worth, I know of at least one or two officers who have lost their jobs due to DWI.It DOES happen. As for the comment about off duty conduct, the person replying missed the point..the officer restricted to office duty is being administratively punished as much as s/he can be til a finding of guilt or innocence. After all. there is a presumption of innocence.
Link Posted: 9/17/2004 10:39:31 PM EST

Originally Posted By tcsd1236:

Originally Posted By rdsr:
Don't treat anyone like they may be your neighbor.


Lemme see...one neighbor of mine is a convicted child molester. Hmm...the other neighbor used to throw wild parties for his teen aged kids til all hours of the night.Then when one of them took him up on his lifestyle example by driving home drunk one night with a carload of kids and killing one or two of them by running into a fuel taker truck, he disowned her...yeah. treat them like my neighbor alright.
For what its worth, I know of at least one or two officers who have lost their jobs due to DWI.It DOES happen. As for the comment about off duty conduct, the person replying missed the point..the officer restricted to office duty is being administratively punished as much as s/he can be til a finding of guilt or innocence. After all. there is a presumption of innocence.



tcsd Your point? Other than birds of a feather stick together. Would be nice if quotes weren't responded to out of context.


Roy
Link Posted: 9/17/2004 10:42:30 PM EST

Originally Posted By rdsr:
tcsd Your point? Other than birds of a feather stick together. Would be nice if quotes weren't responded to out of context.


Roy


My point is this: my neighbors are trash. If the sentiment is that I was supposed to be treating them like I would treat my neighbor, I'd be tossing someone in jail, not giving them a break.
Link Posted: 9/17/2004 11:31:29 PM EST
[Last Edit: 9/17/2004 11:32:10 PM EST by AZ-K9]

Originally Posted By AZ_Hi_Desert:



Here in AZ, declining/refusing a breathalyzer test will automatically get you a charge of DUI, whether you were drinking or not.


Dude, where the hell do you get your information? There has to be a combination of indicators/evidence to even BEGIN a DUI investigation......


And I love this thread already.. full of jackassery!
Link Posted: 9/18/2004 12:44:52 AM EST
Nothing unusual about this. I have had many cases lately where the drunk fakes medical conditions, or is so intoxicated that they go to the hospital. In thoses cases, charges are held until the prosecutors can subpoena the hospital's lab work. In fact, I just filed warrants in one of those cases yesterday. Cop or not, it would make no difference, and I would be (rightfully) disciplined if I failed to take appropriate action against someone because they were an officer.
Link Posted: 9/18/2004 1:41:27 AM EST

The red highlighted part in the first would not read that way if it were Joe Schmo.
Charges would ABSOLUTLY be filed.

- BS. You can look at countless stories in the press and see the phrase "charges may be filed". Take the freakin' tinfoil off and stop thinking everything is a conspiracy.
Link Posted: 9/18/2004 5:20:32 AM EST

Originally Posted By TxLewis:
SO, JADAMS, what do you think of AR15fans advice. Refuse the FST, refuse the blood test, take the license suspension?

Is this a better alternative to getting the DUI. (If you know you are drunk?)

Just curious to a TX cop's opinion.

TXL



My opinion would be not to drink and drive. But yes refuse everything. In certain cases we will get your blood if someone is seriously hurt or dead if we have to hold u down to get it.
Link Posted: 9/18/2004 5:24:34 AM EST

Originally Posted By jadams951:
In certain cases we will get your blood if someone is seriously hurt or dead if we have to hold u down to get it.


Yup. Happened to another officer in my area; he was out of town, had a motor vehicle accident in which someone got hurt. He initially refused to provide breath/blood, so they got a court order and took the blood. Now he's out of a job.So, it does happen.
Link Posted: 9/18/2004 6:39:58 AM EST

Originally Posted By AR15fan:

Originally Posted By AZ_Hi_Desert:
+1

In many states, the suspension of your license is automatic if you refuse a Breathalyzer test. Likely what happened here. This a wait and see what happens type situation.



The article doesnt make it clear if he refused a field breathalizer/PAS prior to his arrest (which he can do in most states) or if he refused a custodial breath, blood, or urine tests (which is what triggers the administrative suspension).

Since he went to the hospital he probably gave a blood sample.

if you are ever stopped for "drunk driving: the best course of action is to refused ANY FST's and refuse any field breath test. That way the DA has to make his case on the observed symptoms of intoxication, and the observed driving alone.

If arrested, you can refuse to give a breath or blood sample. Your license will however be administratively suspended.

With no FST's, and no breath test, a conviction is unlikely.



In WI trest over .08 and your license is suspended. If it is your first time you can apply for an "occupational license" that restricts your driving to specifi times.

Refuse a test, your license is revoked. No occupational license. If you get caught driving some more it means a criminal citation.

No license = no job for police officers around here.

As far as the article................... Technically correct, the police arrest people the DA's Office charges them. Until tthe DA's Office presses those charges..........they are still "pending". The media will use similar wording to describe "pending" charges for most arrests.
Link Posted: 9/18/2004 8:23:19 AM EST

Originally Posted By 1776:
WTF is this could shit? Yeah, cops are held to the same standard

What do you think if it was YOU? You would get the Slammer and a VERY hefty fine.





This officer would probably disagree with you that he was getting any "special treatment":


www.theithacajournal.com/news/stories/20040918/localnews/1257986.html
Link Posted: 9/18/2004 8:27:37 AM EST
[Last Edit: 9/18/2004 8:29:03 AM EST by repub18]
THE COP did everything right to get out of the DUI


the best way to legally get out of a DUI is to deny the field sobriety test and the breathilizer test, that way when you go to court they have no proof that you were drunk. But this might put you having a suspened license for a year.
Link Posted: 9/18/2004 12:07:17 PM EST

Originally Posted By AZ-K9:

Originally Posted By AZ_Hi_Desert:



Here in AZ, declining/refusing a breathalyzer test will automatically get you a charge of DUI, whether you were drinking or not.


Dude, where the hell do you get your information? There has to be a combination of indicators/evidence to even BEGIN a DUI investigation......


And I love this thread already.. full of jackassery!



"By driving a motor vehicle in Arizona, you give your "implied consent" to submit to a chemical test for alcohol or drug content if suspected by a police officer of driving under the influence. The officer gets to decide which test he/she wants to request, and if you refuse, you will lose your license. The test is usually of either breath or blood, but can be other bodily substances as well."

This above is directly from a DUI attorney, not some flight of fancy. I first became aware of this codecil when a fellow member of the VFW was stopped at a checkpoint New Years Eve. He refused to take the Breathalyzer test, or the blood test. His license was immediately suspended, pending investigation. He called me to come pick him and his wife up (I was the D squared that night for the Post).

Declining a Breathalyzer test/blood test isn't smart. The article did note that the officer declined to take the breathalyzer test. Declination equals refusal. So before you start claiming jackassery, make sure you are not wearing the donkey tail.
Link Posted: 9/18/2004 1:39:20 PM EST
[Last Edit: 9/18/2004 1:41:38 PM EST by AZ-K9]

Originally Posted By AZ_Hi_Desert:

Originally Posted By AZ-K9:

Originally Posted By AZ_Hi_Desert:



Here in AZ, declining/refusing a breathalyzer test will automatically get you a charge of DUI, whether you were drinking or not.


Dude, where the hell do you get your information? There has to be a combination of indicators/evidence to even BEGIN a DUI investigation......


And I love this thread already.. full of jackassery!



"By driving a motor vehicle in Arizona, you give your "implied consent" to submit to a chemical test for alcohol or drug content if suspected by a police officer of driving under the influence. The officer gets to decide which test he/she wants to request, and if you refuse, you will lose your license. The test is usually of either breath or blood, but can be other bodily substances as well."

This above is directly from a DUI attorney, not some flight of fancy. I first became aware of this codecil when a fellow member of the VFW was stopped at a checkpoint New Years Eve. He refused to take the Breathalyzer test, or the blood test. His license was immediately suspended, pending investigation. He called me to come pick him and his wife up (I was the D squared that night for the Post).

Declining a Breathalyzer test/blood test isn't smart. The article did note that the officer declined to take the breathalyzer test. Declination equals refusal. So before you start claiming jackassery, make sure you are not wearing the donkey tail.



Let me repeat your post for you, and I'll type slowly so you can catch it all.....

Originally Posted By AZ_Hi_Desert:



Here in AZ, declining/refusing a breathalyzer test will automatically get you a charge of DUI, whether you were drinking or not.


You neglect repeatedly the fact that there must be other evidence of DUI. Your original post neglected it, and it appears you still do. Refusing a breath test will NOT automatically net you a DUI charge, regardless of what your internet lawyer says.....

And declining a test can be a smart decision in some instances. You have a right to hearing following the suspension and can challenge the officer's statements. It works sometimes.

But you go ahead with your "lawyers" advice, see ya in the probation office Mr. donkey.
Link Posted: 9/18/2004 2:05:12 PM EST

Originally Posted By OLY-M4gery:

Refuse a test, your license is revoked.



Refuse a field breath test, prior to arrest. Or a blood breath test after your arrest?
Link Posted: 9/18/2004 2:14:15 PM EST

Originally Posted By tcsd1236:

Originally Posted By rdsr:
tcsd Your point? Other than birds of a feather stick together. Would be nice if quotes weren't responded to out of context.


Roy


My point is this: my neighbors are trash. If the sentiment is that I was supposed to be treating them like I would treat my neighbor, I'd be tossing someone in jail, not giving them a break.



aren't you the same TCSD1236 who routinely states that "you are who you hang around with"
is it telling of you that you live next to drunks and criminals?

is that the kind of lifestyle you like to associate yourself with?
Link Posted: 9/18/2004 2:38:01 PM EST
This is my take on the article. I haven't read all the follow up posts, so this may have been stated already.

Slured speach, disheveled clothing, failed Field sobriety test and refused breathilizer test then complained of chest pains. He may have been drunk, OR he may have been having a heart attack. The DA would have done the same with the average Joe or Cop. Right now all the evidence is superficial. The DA has no solid proof he was driving drunk.

Now the question is, if this was an Average Joe, would this story have made the papers?
Link Posted: 9/18/2004 3:51:24 PM EST

Originally Posted By colinjay:
aren't you the same TCSD1236 who routinely states that "you are who you hang around with"
is it telling of you that you live next to drunks and criminals?

is that the kind of lifestyle you like to associate yourself with?


I don't associate with my neighbors, nor was I advised by the realtor who I went through about the nature of my neighbors; I doubt he even knew who they were or what they were like.So your point is meaningless. Do you screen all of your neighbors, or associate with them?
Link Posted: 9/18/2004 3:56:19 PM EST

Originally Posted By TxLewis:
SO, JADAMS, what do you think of AR15fans advice. Refuse the FST, refuse the blood test, take the license suspension?

Is this a better alternative to getting the DUI. (If you know you are drunk?)

Just curious to a TX cop's opinion.

TXL



YES! It's your RIGHT to refuse. Why wouldn't you excercise your rights?
Link Posted: 9/18/2004 4:11:26 PM EST
Everyone loves to hate cops... "OMG, why isn't he serving a life sentance already" Jesus Christ... Even if Joe Shmoe Shmucatelly was arrested on the charge he still gets the same treatment. You get arrested for something like that as an LEO and you are screwed... more so in Texas since every third person you meet is TCLEOSE certified and you can replace him in a heartbeat. EVERYONE has the persumtion of innocence and has the right to due process. For being DWI I agree this dude is a first class fucktard but he still has the same rights as you. Go lynch someone else...
Link Posted: 9/18/2004 4:11:49 PM EST

Originally Posted By AR15fan:

Originally Posted By OLY-M4gery:

Refuse a test, your license is revoked.



Refuse a field breath test, prior to arrest. Or a blood breath test after your arrest?



Refuse an "evidentiary test".
Link Posted: 9/18/2004 4:14:55 PM EST

Originally Posted By repub18:
THE COP did everything right to get out of the DUI


the best way to legally get out of a DUI is to deny the field sobriety test and the breathilizer test, that way when you go to court they have no proof that you were drunk. But this might put you having a suspened license for a year.



Nope, incorrect, the best way not to get arrested for DUI, don't drive after drinking.
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