No, you have to be over the legal limit to receive the DUI. If what you said were true, no one who had a beer or glass of wine at a restaurant would be able to drive home without the possibility of getting a ticket
Blood tests are definite. Breathalyzer reliability depends on your lawyer. Hopes this solves the question of choosing between blowing or getting pricked.
Isn't that a waste of money and time then? I agree don't take the breathlyzer due to the uncertainty but not a blood test? Why would you not do a blood test? I mean if you have prove you are not guilty don't you have to hire a good lawyer that will get you out of that mess which will mean spending a lot of money. I mean if you know you are innocent and don't have a high amount of alcohol in you, why not a blood test? Just seems silly,
HERE'S WHAT YA DO IF YA GET PULLED OVER... (and according to Gary Trichter's web site) "Where the officer indicates that you are under arrest then you should immediately inform him of your desire to have an attorney present for any further questions. Do not refuse or agree to perform police field sobriety exercises. Rather, tell the officer you want advice from a lawyer to help you decide if you will refuse or agree to perform them. On the other hand, should the officer say you are not under arrest, then a different approach is in order. Politely ask: "Am I going to be written a traffic ticket?" And if so, "Will I be free to leave upon your completion of it?" Where the officer says: "Yes" to both questions, count your blessings, remain still and non threatening. Be courteous and only speak when spoken to - never volunteer information as that will only serve to prolong your roadside stay. Should he again ask about alcohol consumption, inform him of your choice not to answer any questions but those related to the specific traffic offense -- and, stick to your right not to incriminate yourself. well, what about a scenario where the officer says: "You're not under arrest, but you can not leave". This is close to the typical DWI scenario. Here, the safe thing to do is to inform the officer that you would prefer not to answer any more questions and would like to have a lawyer present. Be polite and not talkative! Doing this, you have in effect "punted the ball" to the officer. He must now choose to let you go or to prolong his investigation. Again, if he lets you go, count your blessings and drive safely. Where he prolongs your roadside stay, he must be careful not to violate your federal and state constitutional rights to not be unreasonably seized. The invocation of your rights to remain silent and to an attorney's presence will make it more difficult for the officer to avoid violating your constitutional right to not be unreasonably seized."
You would have blown over the limit with that amount. I guess of course unless you weight like 220 lbs +. I have experience in this area and I'm sorry to hear this happened, but at this point, you have to fight to not get your license suspended for not blowing. (its supposed to be an automatic suspension for not blowing but you can fight it if you get to the attorney quickly) Then you must get a lawyer and try to get this charge reduced to reckless driving. Either way, regardless of what happens, it will cost you thousands of dollars so be prepared. Do and pay whatever it takes for this to not go on your record. And you should never drive after drinking even one beer, its just too risky. But nobody realizes how risky it really is until this happens to them and yeah 19 hrs in the slammer is pretty standard. They just take forever to get you booked in and get the paperwork thru so someone can bail you out. Everyone who gets a DWI claims that they weren't drunk. I believe that you weren't but four beers in a seven hour period is really pushing it of course depending on how much you ate and how much you weight.
Wow, people agree with not taking the test. Funny that is different here. Here you always take the test, otherwise they can arrest you. If you refuse the test you put yourself in a position you do not want to be. I have never heard of anybody testing positive when they didn’t drink in the Netherlands. Funny story when I was in Germany for a Wedding I was stopped at a random police check point. When they heard I was Dutch they tested me for both alcohol and drugs. But they never did this drugs test (with saliva). So when the results came in they discussed for 15 minutes if 2 bars meant that I had been doing drugs or not. There were a lot of other cars in this police checkpoint, and nobody had to do the test. But I’m Dutch so I must have been doing drugs and alcohol. LOL, especially since I do not do any alcohol or drugs
After reading this thread, I have no idea what to do in this situation. What is the difference between DWI and DUI in Texas?
I agree. This idea that the police are out to get you, that you should try and find every single way you can to try and make things difficult for them....of course while your not breaking the law....its ridiculous! The fact is the original poster was drinking, then went driving, got pulled over for some reason, refused to do any of the tests that would be no problem at all for someone that wasn't drunk, and then is complaining about being treated like a drink driver!
It would have probably been worse. Rocket River Cops get people on their impatience. . SURE LOOK IN THE CAR . . I'm in a hurry . . .oops . . now u gonna be here even longer NEVER cooperate . . .even if you have a HINT of guilt about you. Fight from the start to the finish.
This sounds unconstitutional and invasive as hell. Cops can randomly stop you and demand blood!? Rocket River
Um, based on what facts are you saying this? Based on everything I've read online, if he had 4 12 ounce beers over 7 hours and weighs at least 160 pounds, his BAC would be...wait for it....wait for it.... BETWEEN ZERO AND 0.01 I can't find a single BAC online that states he'd be anywhere even approaching the legal limit. Furthermore, I can barely find a source that indicates he'd have ANY sort of impairment. That's why I said he's an idiot for at least not having the blood test done.
No... they can stop you and then, based on their observations and probable cause to believe you were intoxicated, ask a judge to issue a warrant for the blood draw. The judge can issue the warrant if it finds sufficient cause. And it's been tested and the courts uniformly have found that it's not unconstitutional. There's no point in having a .08 standard if you don't ever have a way to ever test that standard, absent the defendant's consent (as people have said, why would they?).
With 4 drinks in 7 hours? (Assuming the OP is accurately remembering the amount of his alcohol consumption). Depending on the drink, 4 drinks would be completely out of his system in 7 hours.
