Results 1 to 8 of 8
  1. #1
    Join Date
    Feb 2009
    Location
    Frederick, MD
    Posts
    26,391
    Blog Entries
    3

    Being Arrested on Suspicion of a DUI



    Can someone explain to me how this works, or how it is even possible?


    Seems to me that this wouldn't hold up in court...
    Milk is for babies. When you grow up, you have to drink beer.

    -Arnold Schwarzenegger


    My RSR Blog:
    http://russellstreetreport.com/author/paullukoskie/

    Check out Fatherhood Rules - a blog site dedicated to sports, food, music, movies, and politics.
    http://fatherhoodrules.com




  2. #2
    Join Date
    Sep 2009
    Location
    Clayton,NC
    Posts
    7,326

    Re: Being Arrested on Suspicion of a DUI

    Do you know someone this happened to?

    I would think it would start with the cop smelling alcohol then having the person doing a field sobriety test etc.

    If no breathalyzer is taken though, they can't prove anything. If the test is refused then you lose your license for a certain period of time depending on the state.
    We are all born ignorant, but one must work hard to remain stupid. - Benjamin Franklin




  3. #3
    Join Date
    Feb 2009
    Location
    Frederick, MD
    Posts
    26,391
    Blog Entries
    3

    Re: Being Arrested on Suspicion of a DUI

    No, I do not.

    I just saw a PFT article about Erin Henderson getting arrested for suspicion of DUI.

    I think I misread the article. As in, he was arrested days later or something.
    Milk is for babies. When you grow up, you have to drink beer.

    -Arnold Schwarzenegger


    My RSR Blog:
    http://russellstreetreport.com/author/paullukoskie/

    Check out Fatherhood Rules - a blog site dedicated to sports, food, music, movies, and politics.
    http://fatherhoodrules.com




  4. #4
    Join Date
    Aug 2012
    Location
    Columbia, MD
    Posts
    445

    Re: Being Arrested on Suspicion of a DUI

    The drinking and driving rules are pretty misunderstood and are very aggressive. Cops can slap you with a DWI, which is enough to take away your license, and cause you a headache at their digression even if you are below the legal limit.

    The legal limit being about three beers for an average person.

    Basically everything time you consume alcohol and drive to get home afterwards you're putting your license and freedom on the line.

    Sent from my SCH-I535 using Tapatalk 2




  5. #5
    Join Date
    Aug 2007
    Location
    Houston, TX Y'all
    Posts
    22,483

    Re: Being Arrested on Suspicion of a DUI

    Depends on the state.

    In Texas, if a cop suspects you're impaired and you refuse the road side tests, the cop may arrest you for suspicion of DUI. The officer has to be able to articulate their observations -- glassy eyes, slurred speech, odor of alcohol, etc. -- before they can place the cuffs on you.

    Once you do submit, voluntarily or involuntarily, and they see your BAC, they can then charge you with DUI or DWI, depending on what your BAC ends up being.

    I suspect it's along those same lines elsewhere.

    Remember, driving is a privilege, not a right. A state can and will cater the laws to their favor when it comes to drunk driving laws.
    Last edited by HoustonRaven; 01-02-2014 at 04:22 PM.
    WARNING: This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.




  6. #6

    Re: Being Arrested on Suspicion of a DUI

    This side of the pond there is no such thing as a road side sobriety test. Well I've seen them on American TV but I never knew was that real or just TV

    You can be pulled over for any reason or even without a reason. In the past they needed a cause like you were swerving or unsteady but that's gone now. If you ask for a reason they can say its a random check

    If you fail the breathalyser you are taken to the station for a second test on a machine. If you fail that you are charged

    You wouldn't get jail time. 2 year ban for a first offence and after one year you can petition the court to get it back. If you behaved you will no problem

    Just chipping in




  7. #7
    Join Date
    Apr 2009
    Posts
    11,617
    Blog Entries
    2

    Re: Being Arrested on Suspicion of a DUI

    I'm not a lawyer but I was walking down Main Street in Bel Air at 0100 after coming out of the Main Street Tower. A cop car followed me for over a block. He was looking to see if I was drunk. He waited til I put the key in the key hole and got in the car til he sped off. Had I been tipsey enough under the state law for alcohol level after getting a breathalizer test i would have been arrested on the the spot. Fortunately, I don't drink. Unfortunately, some of my friends that do drink went to jail after being stopped. A couple of guys went a couple of times. They got those cumbersome breathalizer machines installed in their car which prevents it from starting if they are under the influence.

    Speaking of players, C-MACK was pulled over for suspicion of alcohol and dragged to jail in Virginia but beat the rap on a technicality.

    The owner of the water hole I go to on Fri nights was in an accident after leaving his establishment and was definitely drunk. Furthermore, he left the scene of the accident. Not sure if anyone was injured but if someone was, he's getting 2-3 years in jail. The county liquor board is shutting his place down for 5 days on top of that.

    BTW, the penalty for driving on a suspended license in MD is 60 days in jail and a $1,000 fine.

    I'm pretty sure in Maryland you will be arrested if cop has enough suspicion of DUI and if you go before Judge Mimi in Bel Air, she will throw the book at any male arrested for DUI. You don't want to go into Judge Mimi's cou'rt. She gives the max sentence to all males.
    Last edited by AirFlacco; 01-07-2014 at 02:35 AM.
    UBER RAVENS FAN AND HISTORIAN GURU.




  8. #8

    Re: Being Arrested on Suspicion of a DUI

    Quote Originally Posted by HoustonRaven View Post
    Remember, driving is a privilege, not a right.
    Correct. But the punishment is not just taking away a privilege, it is taking away your rights as a citizen when you go to jail. And on top of that, it will be very costly to defend your innocence in a court of law.

    Many defense lawyers advise that if you are pulled over and asked to submit to a field sobriety test, that you should refuse. Sure, you are then certainly arrested on suspicion of DUI, but I think I saw something like 95% of the time a police officer does a field sobriety test, he or she has made up their mind to arrest you anyway and is just collecting evidence...so you are basically testifying against yourself at that point. Defense lawyers advise that you - respectively and politely - refuse to do the test, the breathalyzer or give blood (without a warrant).

    http://kut.org/post/dwi-lawyers-advi...u-sober-update

    Maybe if you are really lucky, and the officer has doubts about whether you are truly impaired, he/she will just not want to go through the trouble of taking you to the hospital, getting a warrant, and gathering the only evidence they can via blood test. Of course, on the other hand, you could really tick them off by exercising your rights and they could bring out the drug-sniffing dog, which will certainly "alert", and then you would have the pleasure of watching them tear your car apart.

    We could also get into the debate about are the DUI and DWI limits arbitrarily set too low? The fact that alcohol effects different people differently means that some people that blow a .08 will be stone cold sober and others will be blasted out of their minds.

    When you realize the risk inherent in driving after drinking, in terms of the risk of safety to you and others if you truly are impaired, and in terms of the risk of your personal freedom and wealth if you are not and decide to protect your rights, the really best course of action (for you and the citizens you share the road with) is to not drink-and-drive at all and eliminate the risk entirely. (And point of admission, I certainly do not practice what I am preaching as much as I probably should)
    Last edited by JohnBKistler; 01-07-2014 at 08:12 AM.




Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Russell Street Report Website Design by D3Corp Ocean City Maryland