Ugh... DWI crap

So they are doing the right thing for the wrong reason...What's next...a tax on cigarettes?

 

Wow........just, wow.

 

Breathalyzer machines are unreliable, not standardized and can be manipulated.

Few officers are properly trained on using them, and the field sobriety tests that officers administer are also HIGHLY subjectively, not standardized, and poorly interpreted. There have been tests where cops have had to administer these tests to a mixed group of drunk & sober subjects without knowing who is who - the sober subjects routinely fail these tests.

If you have even had one drink, get pulled over, and blow you might go to jail even if you are well below .08. Seriously. They can take you to jail even if all the results do NOT show you to be legally drunk. You could have one glass of wine at dinner, be at .02, and the cop can just say - "well, I'm a cop and I think you're drunk so I'm taking you in DESPITE the Breathalyzer results."

So you then respond by telling me that cops are just out to protect society, that they would be objective about this. Bull****. Cops ARE INCENTIVIZED TO MAKE DWI ARRESTS! They get OT pay for court appearances. The more people they throw in jail the more $$$ they make. You think they give a **** if you actuallly get convicted or really are drunk? **** no! They get $$$ regardless, just for having to show up in court! But you're out $10k in legal defense bills for your one glass of wine.

Some of you have little understanding about how the DWI arrest system works and are letting your disdain for Fatty blind you to the underlying reality. I by no means think anyone should EVER drive drunk, but volunteering to provide the state with evidence that it will skew to obtain a conviction against you is nuts. The DA will take a .02, .04, .06 - whatever and STILL try to get a conviction.

Fatty may not have the best rationale for b****ing about this, but he is 100% right that this is a money-grab, as is the entire DWI arrest "industry."

This is NOT a safety issue.

Those of you who support allowing the police to physically restrain you, stick a needle in you, and draw blood - just because they "think" you might have had a drink - scare the **** out of me.

Here's another scenario:

You go watch the Texans at a bar. You have 2 beers over the course of the entire game. You eat 20 hot wings. You leave the game, you're not legally drunk (unless you are a Hobbit) and are driving fine. Your phone rings, and as you reach over to grab it you take your eyes of the road for a second & swerve slightly in your own lane.

A cop sees this and pulls you over. He says he saw you swerve and says he detects the odor of alcohol. You explain that you were answering your phone, so that's why you swerved. He asks you to step out of the car and submit to the Breathalyzer & to a field sobriety test.

Now, you know that you're not drunk and that 2 beers won't equal a .08, but you're scared that even with a .02 or .03 the cop might still take you to jail so you refuse. You also know that even stone-cold sober subjects quite often "fail" the field sobriety tests. He then arrests you, tries to get you to do the tests again at the station, and when you refuse he calls in to obtain the warrant - gets it - and then despite your vocal protests he and 3 other cops hold you down while a poorly paid jail staff member sticks a needle in you to draw blood.

The blood test shows that after all this time, you're down to .01 BAC, but the DA decides to pursue the case, arguing that you WERE impaired but the delay in obtaining the test caused the low BAC (this bull**** happens with the DA all the time). You spend $10k on a good defense attorney and get off, but have now been to jail, had to explain that to friends, family, and cowrokers, and once again, have lost a ton of time & money. The DA is not happy about losing, but has shown her superiors her zeal for prosecuting DWIs, so she isn't too perturbed by the loss. The cop is happy because he made a few hundred extra bucks thanks to your court time.

In the meantime, some ******* alcoholic drank half a bottle of jack, entered 59 going the wrong way and smacked into a minivan, killing an entier family. Undeterred by the great HPD...

Yeah, you folks are right, it's ALL about safety! Anything for safety!

 

So the cops are trying to combat drunk driving........on the biggest drinking night of the year. Why is this so outrageous?



What's next? Will they try to combat illegal fireworks......on the 4th of July?

POLICE STATE!!!! POLICE STATE!!!!

 

This post = point missed.

Please reread the part about your blood being taken without your consent.

Ya know, if we REALLY wanna stop DWIs, we should just put a "Blow & Go" sensor in every car, right?

After all, safety is key.

 

No. Then you would be punishing responsible people. If you are going to be driving that night, then don't drink, have some will power and just don't do it. If you do it, then call a cab. It's really ****ing simple isn't it? Or not?

 

Rocket G is right, the police can give arrest you for DUI even if you blow under 0.08 if they deem that you were driving unsafely. The criteria for which is extremely vague. I had to pick up my friend from jail a month ago because she made a u-turn even though she only had one drink the entire night. I've had many friends get pulled over and they were completely sober. It's ridiculous - cops are looking for any reason to pull you over at 3:00 in the morning and will seemingly arrest anyone they can. It's my right to stay out that late, I don't need to be under automatic suspicion just because I'm driving at 3:00. No way am I letting an officer stick a needle in me just because he thinks he might be able to make some money off of me.

 

No it is not that simple.

You are asking for personal responsibility from folks. The state is saying "we don't trust you to be responsible, so we'll take your blood when we feel like it just to be sure."

Let me ask you this - is someone who has ONE glass of wine with dinner not responsible if they then drive?

Fine. I'll go with your zero tolerance policy for POTENTIAL impairment.

Some days I only get 2-3 hours of sleep and then I drive. I'm really ****ing sleepy and at the point of nodding off quite often. Am I being irresponsible?

How about when I drive and talk on the cell phone at the same time? Irresponsible?

Yes? If so, what should the state do/be able to do to keep my irresponsible ass from driving. After all, we've decided that people cannot be responsible for themselves, so we need the police to make sure people are.

Are distracted/sleepy, etc people less of a concern than people who have had a drink or two?

Many of you are willing to give police officers an inordinate amount of power where alcohol is involved. Your degree of trust in them to use that power objectively and responsibly is quite naive.

 

People who do illegal things won't take responsibility for their actions and instead will try to rationalize their behavior and/or b**** and moan. Human nature I guess.

 

You're missing the entire point of this conversation.

 

What? That it's a police/city money grab? That drunk r****ds who prove to be uncooperative are subjected to involuntary blood tests? I've already stated that I really don't give rats ass if it deters morons from driving under the influence.

 

The families of those killed, however, did care.

 

You let a patent lawyer rub your crotch?

 

Actually, I read a study, and the conclusion was that talking on your cell and driving is more dangerious than drinking and driving. Something needs to be done about that too, because idiots every day drive and talk on their phones.

But. This thread is about drinking and driving. If you want to talk about how to stop talking and driving or even worse, texting and driving then start another thread. To me, the Houston cops realize that there was an increased number of drunken drivers around this time of year and kudos to them for doing something about it.

Also, I don't think having 1 glass of wine with dinner and then driving is irresponsible. I think having a BAC of over .08 is irresponsible. And most people won't blow, so what are the police officers supposed to do? If it is suspicion and you don't blow, then they have to make a judgement call. I say that if you don't blow, then you already know you're guilty.

I have never heard of anyone being taken to jail for being under .08. Please provide documentation for this if anyone has some.

 

Actually, not quite. The judge has to sign off on the order first. That is not a change from the ongoing state of affairs. The difference is that during this period, there is going to be a duty judge on call to review each situation and rule on a proposed order.

It isn't like the individual cop can decide to draw blood on his/her own.

 

Wow, this really did go over your head, didn't it.

IT'S NOT JUST DRUNKS WHO ARE SUBJECT TO THIS!

Please reread.