DUI test refusal - Chicagoland Sportbikes
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post #1 of 14 (permalink) Old 07-14-2004, 09:35 AM Thread Starter
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DUI test refusal

I'm just putting some research together...a few pilot buddies of mine and I were talking about a guy who had to land on a highway when his engine went out. He failed a field sobriety test according to the media, but then again they reported a bunch of other things incorrectly about him and his airplane so that might be wrong too. In any case we got on the topic of refusing to take a breathalizer or field sobriety test and we're looking for stats on number of people who refuse the test vs the number that are convicted for an actual DUI even with refusing the test. I imagine that there's gotta be those stats around somewhere, but they're not easy to find. Oh and I'm not trying to start a debate or anything...we're just comparing our different states.
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post #2 of 14 (permalink) Old 07-14-2004, 08:29 PM
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No clue about any of the stats...but my dad always told me to refuse the test no matter what, and just give up my license for 6 months or a year or whatever it was. Not that I drink and drive anyway. This was a while ago, so it may be worse now if you don't blow, but I have no idea.
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post #3 of 14 (permalink) Old 07-14-2004, 09:18 PM
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If you know you have been drinking, do not blow.
You do not have to get of the car either until he tells you that you are under arrest.
Roll down your window only 1 inch and do not look at the officer while talking to him. He will smell the alcohol on your breath.

Bottom line is to take a cab.

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post #4 of 14 (permalink) Old 07-14-2004, 09:28 PM
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Quote:
Originally posted by wolfgang
If you know you have been drinking, do not blow.
You do not have to get of the car either until he tells you that you are under arrest.
Roll down your window only 1 inch and do not look at the officer while talking to him. He will smell the alcohol on your breath.

Bottom line is to take a cab.
what he said
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post #5 of 14 (permalink) Old 07-14-2004, 10:29 PM
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I don't believe you can't get charged with DUI if you refuse, you just get your license automatically suspended for 6 months or something like that. I'll take that any day of the week over a DUI on my record, not that I'd ever want to have to make that decision.
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post #6 of 14 (permalink) Old 07-14-2004, 11:12 PM
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I was on a DUI jury and the only thing that saved the guy was refusing the breathalyzer. If he had refused to do the field sobriety tests he might have got off instead of a hung jury. If the cops have no proof they can't get a conviction. They will charge you with a DUI anyway but after you sink a fortune into lawyers you can get off.

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post #7 of 14 (permalink) Old 07-15-2004, 08:01 AM
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i heard the same what bluebusa said.
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post #8 of 14 (permalink) Old 07-15-2004, 09:32 AM Thread Starter
freaking newbies, man there slow, ha ha ha
 
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Yea couldn't dig up much info as well so I just decided to stay out of the conversation. A few of the pilots that I was looking into it with were lawyers and cops and one even told me that it was worse not to take the test. Oh well...now about the part of not getting out of the car...you sure about that? I thought the officers could ask you to step out of the car and lower your window all the way?
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post #9 of 14 (permalink) Old 07-15-2004, 09:44 AM
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Not too long ago there was a guy selling audio tapes/CD's for this purpose. Basically, he boned up on all the laws, and found that when the officer approaches your car - all you have to do (legally) is start the tape and turn up your radio.

According to this guy, you don't need to get out of the car. You don't need to do much of anything other than lower your window far enough to pass your ID's and reg thru (and of course so the cop can hear the tape). The tape explains your rights to the cop so you don't have to open your mouth.

Clever as that may be, I imagine it would make for one PISSED off cop. Personally, I'd rather get out of the car and give them some footage for one of those COPS bloopers shows.

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post #10 of 14 (permalink) Old 07-15-2004, 09:56 AM
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Illinois is really cracking down on this...A buddy of mine refused to blow...went to court..had a bench trial...got the DUI tossed out.. then the states attorney went for the max on the refusal to blow...lossed his liscence for 36 months...no shit! 36 month max for refusal....if you blow..and get convicted on first offence..about $2000...20 hrs classes...you loose liscence for 30 days? if its your second conviction within a 5 yr. period....your skrooood!!
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post #11 of 14 (permalink) Old 07-15-2004, 10:04 AM Thread Starter
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But, don't forget one other thing. A DUI affects more than just losing your license. It's something which your employers will know about too if I'm not mistaken. So you might not land a job because a DUI is on your record. I see it sort of like a kid buying a sport bike without ever getting an insurance quote...you might get screwed worse on the insurance.
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post #12 of 14 (permalink) Old 07-15-2004, 10:59 AM Thread Starter
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And another thing...if they ask you to step out of the vehicle and it's for a field sobriety test, then couldn't that get you arrested as well? It would just be an instant arrest I guess?
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post #13 of 14 (permalink) Old 07-15-2004, 11:21 AM
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Quote:
Originally posted by Underdog
Clever as that may be, I imagine it would make for one PISSED off cop. Personally, I'd rather get out of the car and give them some footage for one of those COPS bloopers shows.
if that was the case.. i would try and run from the cops in my Dodge Omni at 35mph.. and then i would get out and run on foot.. this way i would get on the booper reel for sure

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post #14 of 14 (permalink) Old 07-15-2004, 11:33 AM
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Quote:
Originally posted by BIGGY
And another thing...if they ask you to step out of the vehicle and it's for a field sobriety test, then couldn't that get you arrested as well? It would just be an instant arrest I guess?
BIGGY, i was listening to the radio show with a lawyer ( Tolmatski, i think) and he was advising not to get out of the car, not to take a test and call him, so he can talk to the policeman

i don't have his number, so don't ask

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