JohnC Posted June 11, 2017 Share Posted June 11, 2017 (edited) You do not issue tickets to a drunk driver. You arrest him. All summonses (other than parking tickets) are in lieu of arrest. Bill, You are partially right. In most cases you do issue tickets to a drunk driver and then make the arrest. By issuing tickets for a traffic infraction you establish probable cause for the stop. In the DC system the tickets are included in the arrest paper work for court. If you go to court without the tickets establishing probable cause for the stop your case usually will be "no papered". A checkpoint stop is a different situation. Edited June 11, 2017 by JohnC Link to comment Share on other sites More sharing options...
Captain Murica Posted June 11, 2017 Share Posted June 11, 2017 Interesting. I was driving home from a buddies house one night. Spent 3 hours there and drank 4 12-oz beers. I was pulled over about halfway home. I was asked if I had been drinking that night and I told him the truth. He asked me to get out of the car, asked a few more questions to make sure I was mentally coherent, then gave me a roadside test. He asked me to stand in front of the car and look at the tip of the pen he was holding as he waved it back and forth in front of my face. I could only track the pen with my eyes and had to keep my head facing forward. Before the test even began I stumbled because of the drop at the shoulder of the road. Cop noticed it right away and asked me to move more towards the center of the road so it wouldn't interfere with the test. He waved his pen about 10 times across my face in slow, methodical movements. Towards the end he reassured me saying "just a couple more passes, we're almost done here" because he could see I was a bit nervous. After the test he thanked me for being honest, let me go on my way, and followed me the rest of the way home. I would've been sh$&ting a brick. Link to comment Share on other sites More sharing options...
Koko78 Posted June 11, 2017 Share Posted June 11, 2017 Depends upon the jurisdiction. In some places refusal to blow (besides ending a date) will get you an automatic one-year suspension of your license. What you're really supposed to refuse is performing the dog and pony show on the side of the road. If you're going to refuse, refuse everything - roadside olympics and scientific testing. Give them nothing to go with. Intoxication is very difficult to prove without admissions, sobriety tests and BAC tests. A 1-year license revocation for refusing is preferable to being convicted of a DWI. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 11, 2017 Share Posted June 11, 2017 Did he take the breather? :-/ Having a ton of dough helps escape the dilemma of the predicament. If you're going to refuse, refuse everything - roadside olympics and scientific testing. Give them nothing to go with. Intoxication is very difficult to prove without admissions, sobriety tests and BAC tests. A 1-year license revocation for refusing is preferable to being convicted of a DWI. This. But but I will lose my license for a year! Oh... The tragedy! Link to comment Share on other sites More sharing options...
Wayne Cubed Posted June 11, 2017 Share Posted June 11, 2017 Did he take the breather? :-/ Having a ton of dough helps escape the dilemma of the predicament. This. But but I will lose my license for a year! Oh... The tragedy! I kind of have to agree with this, especially in NY state where a DWI/DUI can't be expunged. It will litterally will be with you until death. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 11, 2017 Share Posted June 11, 2017 Don't drink and drive people. Not even one an hour. Link to comment Share on other sites More sharing options...
boyst Posted June 11, 2017 Share Posted June 11, 2017 Depends upon the jurisdiction. In some places refusal to blow (besides ending a date) will get you an automatic one-year suspension of your license. What you're really supposed to refuse is performing the dog and pony show on the side of the road. whats best for nc? 1 year revocation is a long time to face. if ya live in durham you got yourself an easy uber. if you live in davidson county you got next to no chance for an uber. Link to comment Share on other sites More sharing options...
eball Posted June 12, 2017 Share Posted June 12, 2017 whats best for nc? 1 year revocation is a long time to face. if ya live in durham you got yourself an easy uber. if you live in davidson county you got next to no chance for an uber. NC's implied consent law is 1-year revocation for first offense. You don't have to take the breathalyzer, though. You can request blood test. Link to comment Share on other sites More sharing options...
boyst Posted June 12, 2017 Share Posted June 12, 2017 NC's implied consent law is 1-year revocation for first offense. You don't have to take the breathalyzer, though. You can request blood test. so if I get pulled in NC and I've been drinking. What do I do? Asking for a friend. I'll hang up and take the call off air. Link to comment Share on other sites More sharing options...
eball Posted June 12, 2017 Share Posted June 12, 2017 so if I get pulled in NC and I've been drinking. What do I do? Asking for a friend. I'll hang up and take the call off air. Be polite but don't say too much. Say you would prefer not to perform any roadside tests and would like a blood test instead of a breathalyzer. And call Saul Goodman. Link to comment Share on other sites More sharing options...
John from Riverside Posted June 12, 2017 Share Posted June 12, 2017 Don't drink and drive people. Not even one an hour. Or have someone like me that doesnt drink in public as your wingman......I can be your best friend Link to comment Share on other sites More sharing options...
boyst Posted June 12, 2017 Share Posted June 12, 2017 Be polite but don't say too much. Say you would prefer not to perform any roadside tests and would like a blood test instead of a breathalyzer. And call Saul Goodman. for you and everyone. Why do people admit to drinking when they're likely to be above border. Friend got a fancy one a while ago. We all did two shots of liquor after 3 beers. Than drank beers until 30 min and 45 min passed and took test. They were all .08-.016 I was a measley .003 Link to comment Share on other sites More sharing options...
Saxum Posted June 12, 2017 Share Posted June 12, 2017 Was stopped once and asked to take breathalyzer test and I said no. I told officer I was puking all day from flu and was using mouthwash with alcohol in it to get rid of the bad taste in my mouth. My driving was due to illness. I handed him the bottle (capped, partially used), medication (Day Quill) and offered him my puke bucket with used mouthwash and some puke. Told him I just got off working a 16 hour shift at Ft Bragg and was going to hotel a mile up road. He made a call and then said he would escort me to hotel. I thanked him for escort and he suggested that next time I ask for someone to drive me to hotel if I was that sick. for you and everyone. Why do people admit to drinking when they're likely to be above border.Friend got a fancy one a while ago. We all did two shots of liquor after 3 beers. Than drank beers until 30 min and 45 min passed and took test. They were all .08-.016I was a measley .003 You do know that 0.016 is better than 0.08 correct? I think you meant 0.16. Link to comment Share on other sites More sharing options...
Bill from NYC Posted June 13, 2017 Share Posted June 13, 2017 Bill, You are partially right. In most cases you do issue tickets to a drunk driver and then make the arrest. By issuing tickets for a traffic infraction you establish probable cause for the stop. In the DC system the tickets are included in the arrest paper work for court. If you go to court without the tickets establishing probable cause for the stop your case usually will be "no papered". A checkpoint stop is a different situation. Different system in NY. The DMV charges are listed on the arrest report. Summonses are not issued. Police officers do not issue summonses to incoherent drunks. They arrest them. Link to comment Share on other sites More sharing options...
JohnC Posted June 13, 2017 Share Posted June 13, 2017 Different system in NY. The DMV charges are listed on the arrest report. Summonses are not issued. Police officers do not issue summonses to incoherent drunks. They arrest them. We are talking past one another. I agree with you that drunken drivers are arrested. That wasn't my point. I simply stated that the tickets are included in the arrest case, not in lieu of. That's all. Link to comment Share on other sites More sharing options...
boyst Posted June 13, 2017 Share Posted June 13, 2017 Was stopped once and asked to take breathalyzer test and I said no. I told officer I was puking all day from flu and was using mouthwash with alcohol in it to get rid of the bad taste in my mouth. My driving was due to illness. I handed him the bottle (capped, partially used), medication (Day Quill) and offered him my puke bucket with used mouthwash and some puke. Told him I just got off working a 16 hour shift at Ft Bragg and was going to hotel a mile up road. He made a call and then said he would escort me to hotel. I thanked him for escort and he suggested that next time I ask for someone to drive me to hotel if I was that sick. You do know that 0.016 is better than 0.08 correct? I think you meant 0.16. math be hard. All dem numbers and stuffs Link to comment Share on other sites More sharing options...
Bill from NYC Posted June 13, 2017 Share Posted June 13, 2017 We are talking past one another. I agree with you that drunken drivers are arrested. That wasn't my point. I simply stated that the tickets are included in the arrest case, not in lieu of. That's all.I'm sorry, maybe I was being to literal. In NY, the charges are listed in the report. What I was getting at is that tickets were at no time handed to the accused. Link to comment Share on other sites More sharing options...
Over 29 years of fanhood Posted June 13, 2017 Share Posted June 13, 2017 Don't drink and drive people. Not even one an hour. This. My father in law was run over while crossing the street by a drunk driver. There is never a good reason to get behind the wheel after drinking. The penalty should be far more prohibitive so that people just do t do it... in Europe it's almost unheard of. Link to comment Share on other sites More sharing options...
BuffaloHokie13 Posted June 13, 2017 Share Posted June 13, 2017 This. My father in law was run over while crossing the street by a drunk driver. There is never a good reason to get behind the wheel after drinking. The penalty should be far more prohibitive so that people just do t do it... in Europe it's almost unheard of. Aren't they mostly the opposite anyway? Drinking age typically lower than driving age, so people 1) get used to drinking and getting a ride and 2) get the new, fun, & reckless drinking out of the way (generally) before driving is allowed? Link to comment Share on other sites More sharing options...
Over 29 years of fanhood Posted June 13, 2017 Share Posted June 13, 2017 so if I get pulled in NC and I've been drinking. What do I do? Asking for a friend. I'll hang up and take the call off air. Your friend should confess to being a reckless idiot and surrender their drivers liscence indefinitely. Link to comment Share on other sites More sharing options...
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