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Link Posted: 8/20/2001 2:53:14 PM EDT
[#1]
http://www.50states.com/


State by State
Link Posted: 8/21/2001 11:49:31 AM EDT
[#2]
Quoted:
I'm still a little confused as to whether or not you should blow.

If I have this straight, if you refuse you lose your license for a stated period of time, correct?  Is that it?

If you blow and fail you get convited of a felony (lose your guns?), lose your license for awhile, pay lawyers, pay higher insurance, etc. etc.

If you blow less then the limit, say .07 what happens?  Isn't there a DUI and DWI, can you still be convicted of something?

There have been times when I've gone out for 5-6 beers after a softball game, party, or wedding and felt fine but wondered what to do if I was pulled over.
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OK, let me try to answer your questions.  First, if you don't blow, so what?  Depending on your degree of impairment(and if you ARE impaired, you won't be able to judge if you are anyway) there is plenty of other evidence, such as your manner of driving, appearance, odor of alcoholic beverage, speech patterns, etc.  So, you could be convicted of DUI AND have a mandatory 1 year(depending on your state) revocation.  That is, unless you plead guilty at your first appearance(Most states will forgive a refusal in this case, and only give the normal suspension for a DUI).  If you blow LESS than the limit, well, depends on your state laws.  Most states have a combination Per Se and presumptive law.  Presumptive means that a BAC over .10% is presumed to be intoxicated.  A person with a BAC between .05 and .09 is neither presumed to be intoxicated or NOT presumed to be intoxicated.(Exigent circumstances, fatigue, medication, prescription or OTC.  The key word here is EFFECT, not amount.)  Under.05 you are PRESUMED  NOT to be intoxicated.  Presumed being the operative word.  Under the Per Se portion of the law, if you are over .10(or .08 in those states) whethere presumed or not, you are driving with a prohibited BAC.  No, you don't have to be falling down drunk.  At .10% most people still feel in control, but they are not able to perform the divided attention required to drive safely.  Anyway, go ahead and refuse the tests, it actually makes an officer's life easier.  On the flip side, if you actually fail one or 2 tests miserably, then blow a .065 or something on the PBT(NOT a Breathalyzer, by the way. A breathalyzer is an antique piece of equipment that NO One uses anymore.  Intoxilyzers are used, but that is a piece of station equipement, NOT a field test) the majority of Law Enforcement from my experience, will find you a ride home, and sit on your car for a sober driver to come get it, before they would do anything else.
And it's only a felony if it's a repeat offense. (IN SD 3rd offense in 5 years) In a felony, we don't care.  Your BAC is evidence, and in a felony(3rd or more DUI, vehicular homicide, etc) blood WILL be drawn, forcibly if need be.  Oh and one other thing, yes, every driver signs an implied consent agreement when they get their license.  However, even if you don't have a license, most state laws read that it applies as a condition of driving on public roadways.
Link Posted: 8/21/2001 7:14:38 PM EDT
[#3]
Quoted:
....  However, even if you don't have a license, most state laws read that it applies as a condition of driving on public roadways.
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Also, most people don't realize that you can get a DWI in a lot of states for drunk driving a boat or even a lawn mower in your front yard.

DWI's on the water happen all the time and carry the same penalty as on the road.  The one in your front yard would probably only happen after you got so trashed that you ran over the neighbors kids.
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