BG Advice: Friend got a DUI on Friday....

[Gadritan]

Ya know, it's all fine and dandy for everyone to be tossing out advice, but the reality is, it's stupid easy for cops to know wtf like Neph said.

If you're inebriated, all of these little pro tips aren't going to come to mind, and if they do, it'll be just bits and pieces...enough for you to make yourself look like a half educated moron.

That, and nerves make people's minds go "....................."

Took a few times of me getting pulled before I really got comfy enough to remember my rights and the do's and don'ts, and to do so without sounding like a dickhead. A first timer stands no chance.

[Nephlite]

Unless of course you practice. Had a guy once that simply repeated "I plead the fifth" over and over and over. Even after we took him to jail and he sobered up and everything, he still wouldn't tell us anything. Fast forward to court and he told the judge he was told never to speak to the police by his lawyer, then he plead guilty! If you're going to plea out then why the hell did you make it so difficult?

Oh and god forbid you pull over a drunk lawyer. There are whiteknight passenger seat ones, there's the "I'm walking down the street and I see a broski getting locked up by the cops so I jumped in there!" Guys who are probably ambulance chasers, the "I'm first year prelaw! I know my rights!", and finally there's the "Do you know who I am?" Ones. Seen em all seen em fall. Especially the old timers who think they're invincible and jump in a police investigation and get popped for obstruction. I delight in calling the bar and giving them a copy of my incident report for their violation of the hypocritical oath.

[Ksandra]

I cannot help but laugh on the "don't do anything to get caught!" mentality in here. How about just not fucking driving if you have been drinking that day? How about that? Can we do that? Can we put on the big kid pants and not endanger other people because you are an irresponsible lazy fuck?

^ agreed

[archibaldcrane]

Most people ready to blow a .08-.11 don't look inebriated. If you roll your windows down and turn your dome lights on (like you should do so the cop feels comfortable approaching your vehicle) you often won't stink of it. If you're totally blasted yeah you're likely to get caught. If you're borderline, "feel fine" whatever, there's no sense in copping to something whatsoever. If cops were so clairvoyant about whether drivers have been drinking I'd have 3 or 4 DUIs by now. They don't know everything, and responding respectfully with a "No Sir" to the "Have you been drinking" question isn't being a dick, it's simply the answer you'd give if you, ya know, HADN'T BEEN DRINKING.

Which is what you want them to believe - because they don't know whether you have or not.

Most people who are driving after drinking will give the "I just had 2" response, and they will (usually) get breathalyzer'd. That's the expected response from the person that's had 4 or 5. "No Sir" is not the expected response from someone who has had enough to blow over the limit.

Nephlite's comment is exactly the point - he thinks that he KNOWS when someone's over the limit before he breathalyzers them. If he can smell it, it doesn't matter what you say. If you're driving so obviously drunk that it's crystal clear, it doesn't matter what you say. However, if you look fine, don't stink of it (like most people who are borderline, since .08 is nothing - 3 recent drinks for most people, and if you have a decent tolerance you may not feel the effects of 3 drinks with dinner whatsoever) Nephlite ISN'T going to know.

So don't tell him.

Seems pretty obvious, no?

I drink "drunk" maybe once a year. I drive in that .08-.12 area at least twice a month. I go to wine tastings all the time, I drink socially with friends, at parties, etc. I rarely get shitcanned. But it doesn't take much to be .08. Being smart when you do (like the OP's friend) is crucial.

[Ddz]

Skimmed this since these threads are a dime a dozen, but if it's her first offense why not just defer it (you get one, right?) and don't fucking do that shit again?

[archibaldcrane]

Totally depends on the state Ddz.

[Cream Soda]

Last time I got pulled over (on my bike lol), I was well over the limit, but got pulled over for not having a bike light. I had my ID ready by the time he made it to me, handed it to him and said "Is there a problem officer" before he said a word.

Aside from having to flip my bike over so he could read the serial code and make sure it wasn't reported stolen, he was pretty nice about the whole situation and let me off with a warning for not having a light

[archibaldcrane]

But look, she should definitely get a lawyer to try to get it plead down to a wet reckless. Worst case scenario she gets the DUI, has 15 days without a license, and then 90 days with just a restricted work license. That's really not THAT bad.

Minnesota 1st offense stuff here:

http://dui.drivinglaws.org/minnesota.php

[Acevalefor]

Actually, the answer to that last one is "Yes, officer" with no elaboration. You don't want to admit to them that you don't know how fast you were going even if you don't LOL. That's just setting them up to pull any reasonable number out of their ass

Err...yeah, I totally botched that one up. Basically, answer their questions, be polite, don't pull out the "I know my rights" bullshit, and let the officer decide what to do. Don't give them any reason to tack on extra stuff by being belligerent or cocky.

Additional question; Can an intersection camera (The red light cameras, not the DOT traffic cameras) be used in a DUI investigation? I was reading a flyer a while back about some guy fighting to get those cameras removed and one of his arguments was that they have cause wrongful convictions for DUIs. There was no elaboration so I just shrugged and let it go. I am still curious though.

[Nephlite]

If you're a habitual drinker then the smell of alcohol is always present on you. It's not like we don't get training on this type of thing. There's instructors that just pound shots or beers well before we come to class just to make the simulation more realistic.

Everyone knows one. That drunk uncle that always smells of wine or whiskey. That boss who always wears too much cologne so that you catch a whiff of it and think "Does he drink or is it just the smelly stuff?" That homeless guy who begs for change.

You are right though, being respectful and politely declining information isn't being a dick and I probably wouldn't take it as such. However, If you are borderline and you pass all the FST's and you blow again and it's lower than the first, then that means you are done spiking, the alcohol is metabolizing nicely in your body, and likely you will be released from custody. Believe it or not, it DOES happen. Evasive, not telling the truth, especially if you say "I haven't been drinking" and I breathalyzer you anyways and find out you have been? Oh not only are you going for DUI but I'm hitting you with obstruction and lying to an official.

Like I said, it's SO easy to tell and there's so many ways to get reasonable suspicion/PC for DUI, most cops just do it in an almost programmed manner. Throw them a curve ball? Resistance, clamming up, not giving them any leeway to continue, and yeah they'll back off. I'd say 4 out of 10 cops will just be not confident in their abilities to articulate or dig in to subject to pursue it. 3 out of the 10 will know exactly what to do and know exactly how to dig in to the person. The other 3 will simply not pursue it. Even though it's SO easy to initiate a DUI, it's very very very difficult (maybe not difficult but easy to fuck up) to prove in court. Sometimes it's just not worth it. That's why most cops will go for the easy ones. As the OP claims she only had 4 beers, an average sized chick will at least exhibit something. One drink is usually enough to make me smell it (especially if it's a hoppy beer or a fruity mixer) and that's all I need.

Putting the windows down is smart though. Most drunks sweat a lot and will put on the air conditioner (even during winter). If i'm blasted I like to have all the windows down. Thankfully I haven't had to drive drunk in a long time now that mass transit goes by my house now and cab fares are more reasonable than the gouging they used to give you ($75 for 1/2 a mile? Fuck you, sirrah).

[Ddz]

Totally depends on the state Ddz.

Ahh, thanks. I don't pretend to know a lot about the law but I am certain you can do that in Washington.

[Callisto]

There's instructors that just pound shots or beers well before we come to class

Are they hiring? I have a great resume in this particular line of work.

[Melena]

But look, she should definitely get a lawyer to try to get it plead down to a wet reckless. Worst case scenario she gets the DUI, has 15 days without a license, and then 90 days with just a restricted work license. That's really not THAT bad.

Minnesota 1st offense stuff here:

http://dui.drivinglaws.org/minnesota.php

California is probably one of the most brutal states than for a dui. Uncles first, 3 month suspension 9 month restricted. Second DUI 1 year suspension and that was with a 7 year window between them so his first actually fell off the record. Judge he got had a zero tolerance to DUI which I honestly think all judges should. Hit them hard the first time and hopefully they learn their lesson. If they don't a few months in tent city should do it.

[BaneTheBrawler]

Thankfully I haven't had to drive drunk in a long time

You never had to. Ever. If you don't have a way home, don't drink. It's not hard, or complicated.

Not really directed at you specifically, you just happened to say something a lot of people say that bothers me.

[Kyte]

I always just pass out in the back of my car if I have nowhere to go after drinking.

[Ksandra]

You never had to. Ever. If you don't have a way home, don't drink. It's not hard, or complicated.

Not really directed at you specifically, you just happened to say something a lot of people say that bothers me.

Or drink at home ffs I agree it bothers me to no end (I had a friend in HS who died, along with her brother, because they were hit by a drunk driver while crossing a cross walk). There's zero problem with drinking; there's all kinds of shitheaded retardedness about drinking and driving. DON'T DO IT BITCHES.

[Acevalefor]

I always just pass out in the back of my car if I have nowhere to go after drinking.

I had a friend several years ago that got a DUI for sleeping in the passenger seat of his car. He said the cop explained that because the car was running, there was reason to believe that he had been driving. It was december in Oregon. I would start the car too. It sounded like a totally fubar story until he showed me the police report as proof because I didn't believe him.

In conclusion; Don't get drunk and sleep in your car with it running in a college town.

[Gadritan]

From what I understand, as long as the keys are in the ignition, yes, you can get charged with a DUI.

So like, bring blankets or a fat chick.

[Kyte]

I just let the elements freeze me into a torpor.

[Churchill]

I'm with Neph and fuck drunk drivers.