Actually, the opposite is true -- most studies show people overestimate how drunk they were. Part of making a "good" story, I suppose. http://online.wsj.com/article/SB124459653821000673.html
Yeah answer #2 is a biggie. Even if you win, the cost of a decent lawer will be 3k minimum. And I don't know if you've stated this, sorry if I missed it but where were you before this happened? A bar? A nightclub?
Those stats are from telling a story from the night before when nothing went wrong, just to make a good story. When people get pulled over for DWI, they underestimate. Nobody wants to say, "I had 10 shots of patron and then some stupid cop pulled me over, because they are out to get me..."
Good point and makes sense. I wish there was a study out (if there is, I haven't seen it) on that; would certainly make for an interesting contrast.
Yeah I'd like to see a similar study (and I haven't), but I got my info from what my lawyer told me when I went through this very situation about 7 years ago. He said, the first thing he does is interview his clients, then they go watch the police video together and he said usually the amount they say they had to drink comared to the slurring and bobbing and weaving he see's on the videos usually don't match up.
IMA is right, being angry about the police doing their job (in whatever manner) is not helpful to anyone, and JustTx is right as well.. portraying yourself as a martyr if you know you're in the wrong is counterproductive to society and your own self as well. guilty til proven innocent, right? If we applied this logic to everything, the constitution would be shredded (worse). I agree that the estimates given by those who are under the magnifying glass can't be trusted, but how often have you heard of someone who said "Yes, officer, I had (x-2 drinks per hour tonight, where x=legal limit for his/her height/weight) and not had to take sobriety tests? As for the forum, yes, maybe he's embellishing or diminishing his consumption, but why post in a forum to get advice if you aren't going to tell the truth? yes, maybe there are reasons, I guess... but really... I don't know about you, but I'm not alright with having to donate blood to a police officer just because he thinks my eye twitched or I didn't recite my ABC's backwards quickly or precisely enough. If a judge thinks that an honest assessment of a "situation" is worthy of a warrant to get one to take a blood test, so be it. Past that, my constitutional right against self incrimination should stand. Otherwise, I do think they should have the right to incarcerate you if you truly seem unable to operate a vehicle safely, I just think the standards for that are jacked up, and public opinion (and lobby money) has enforcement set to a 'zero tolerance' policy of "guilty until proven innocent" all set into motion under the guise of "probable cause." But what better tests are there that evaluate impairment? I'm not sure I can answer that. Perhaps an in-car driving simulator on the computers in the cop cars?? That's my best guess at it and it seems unlikely, and a bit outlandish.... and no matter how good it might be, people would argue it's not a true assessment either. Drunk driving is a huge problem, and unfortunately this is the best system we have to date. It could be better, but with all involved in it, it's hard to see how it will change much in the near future. So while it irritates me when people take the "Just never have a drink at all if you're going to drive that month or you're a serial killer" mentality, it's hard to find middle ground when discussing this because there are too many grey lines. Rules I try to follow... 1) don't drink (much) if you have to drive any time soon. 2) If you do, have someone who didn't drink do the driving for you. If you have consumed little enough to be under the limit by your best (and honest) estimation (leaving room for error to be safe) and are driving, then by all means make sure turn on your headlights at night. Being able to see well while driving is a plus. 3) Be off the road before 1:30am. Not only does it decrease your chances for being hassled by the man, but it gets you on the road before the really drunk and crazy people have been put out on the roads. Of course, all of this can be found in the credits of "My Life", starring Michael Keaton and Nicole Kidman , between paragraph "Ripped in 4 weeks" and "That's what she said". Lastly... That's no moon, no homo, and people suppose get horny, just for good measure. Now then... for people who can't keep their posts under 1000 words or less? Death by snoo snoo, after the applicable subjective tests, of course.
Like I said before, I’m not trying to be all self-righteous here and I’m certainly not trying to kick you when you’re down or anything like that. Re-reading my post, I can see how you may have thought that. My point was that if you say you’re not going to ever put yourself in that situation again, then all the fines/penalties/lawyer fees etc. ARE in fact a deterrent. Fatty insists that they're not a deterrent at all. I disagree. Hell, just the threat of all that BS has been a total deterrent to me, as I explained in my earlier post.
It's been shown time and again that cell phone users are just as impaired. I doubt we'll ever see this become more than a fineable offense. Again, if you cause someone to be injured or killed, I'm fine with the penalties. But unless you decide to bring back prohibition, I suggest at the very least using some of those fines into use through better public transportation. If you're shutting public transportation down at midnight, then admit that you like the newly found income this has created more than public safety. It is really that simple.
You seem more concerned about what happens AFTER someone is killed by a drunk driver. I'm more concerned about making sure it doesn't happen in the first place. How many drunks are going to want to spend 2 hours getting home on 3 different busses and a rail line, then go back to get their cars the next morning? Most will still just chance it by driving home IMO. They could have public transportation operating 24/7 and I don't think it would make a bit of difference.
My dad was an alcoholic and drove drunk all the time. Sometimes he would swerve all over the road. Several times I had to jump out at red lights because i feared for my life. He never got pulled over. Ever. The first time I drove was at 13 because we had a flat on 610, and while I changed the flat, he passed out drunk in the backseat. I had to drive home. On 610 between 3-4 pm on a weekday. Fun stuff. I got my dad to teach me how to drive drunk. We had a blast. I've never been pulled over for drunk driving.
I know this about that particular department. When I was in college at SHSU i worked as a bartender at Red Lobster their and was pulled over more times than I can count on the feeder of 45.
Tough to get to the bar at all using public transportation in Houston. It would take you an hour and 3 transfers to go 20 miles. And you'd probably still have to walk a mile getting to and from the nearest bus stop. Honestly, I just don't see bar patrons getting excited about taking the bus for a night out on the town in the middle of a Houston summer.
Obviously you've never been to a college town/spring break/New York/etc. People use public transportation when it is available. I can't even rationalize how you think it wouldn't make a difference. And the cost? Hardly a thing.
Who travels 20 miles to go out? If you're doing that, spend the night or expect a long drive. I don't see too many people going 20 miles. But then again, I'm inside the loop.
best of luck trying to fight it...you are the only one that knows the whole truth. i don't know if an angel was watching over me that night when i was with my friend who was supposed to be the DD and i had too many drinks...well in the end, she ended up getting drunk and she rear ended a car just before getting on the freeway...what's even more amazing is that we didn't go to the jail. the cop had us to call someone to pick us up... we were both under 21. needless to say, i learned my lesson to never trust anyone to be the DD. i could have died that night or went to jail. i don't drink that much anymore now and if i do, it'd be 1 or 2. it's usually me driving home when i go out with my fiance. we usually get home before 1:30am because our chances of getting killed by a drunk driver is higher after 1:30am. i worry about my sister because she will be turning 21 next year. sigh.
