Question for law enforcement and legal personnel

[Jizzle Juice]

Ok, i have a friend who was pulled over and taken to jail. This said person was intoxicated but not terribly drunk. (No its not me). They ask person to give a sobriety test. Took test......took person to the station...asked to blow person said no....they read something and they signed it then told person license would be suspended.

 

So my question is would this person get a DUI since they didnt have a B.A.L.?

 

How does this work?

 

Any info is highly appreciated

[Sully]

Wait... did they or did they not take the test?

 

You said "took test...took person to station...asked to blow, person said no."

 

what test did they take? what were the results of that test?

 

Refusal is an immediate ALS of either 1 or 2 years. You have to get an attorney, and they can generally get it knocked down to 6 months with work privileges if there are no priors.

[felixdarican]

if i remember correctly from drivers school when you get your license you sign something stating you can't refuse the blow test. if you do its automatic suspension. i could be wrong though.

[Otis Nice]

Wait... did they or did they not take the test?

 

You said "took test...took person to station...asked to blow, person said no."

 

what test did they take? what were the results of that test?

 

 

They ask person to give a sobriety test. Took test......

 

I think this is what he meant. Hard to interpret with the grammar.

[BIGGU]

he will get a OMVI probably

[Sully]

I think this is what he meant. Hard to interpret with the grammar.

 

If that means the 'roadside, walk the line, touch your nose, etc' test, then evidently the officer had strong reason to believe the person was intoxicated, hence why they were hauled off to jail and asked for a breath test.

 

If that's the case, then I'll just about bet anything that the person was charged with OMVI because the office already had more than enough evidence.

[Jizzle Juice]

Sorry my grammer was oh so bad...its the net not english class. But yes sobriety test.

 

And person knows that lincese is suspended for a year.

 

So would it be best to pay alot for a good lawyer or a decent one? Would a good lawyer be able to get lincense unsuspended or just knocked down?

[STEVE-O]

Sorry my grammer was oh so bad...its the net not english class. But yes sobriety test.

 

And person knows that lincese is suspended for a year.

 

So would it be best to pay alot for a good lawyer or a decent one? Would a good lawyer be able to get lincense unsuspended or just knocked down?

 

I would say probably. either way they are screwed

[Radio Flyer1647545514]

License is suspended but they will still have to go to court for the OMVI. Only good thing about not blowing is that they have a better chance to not have the OMVI on their record. I say get someone to represent them and they have a better chance of not getting nailed with an OMVI as well as getting the suspension reduced.

 

Rule of thumb is never blow. I don't take any tests without an attorney present. But I don't drink and drive either.

[Jizzle Juice]

Ok thanks.

 

Another question i just got this from person

 

"i was mad because he had me stand on one leg and told me to lift the other and count 1 one thousand and so on and he said if I had to put my leg down it was fine just pick it up and start where i left off

then he told me that was one of the reasons I failed bc i put my leg back down"

 

 

Is that ok?

[Sully]

Sorry my grammer was oh so bad...its the net not english class. But yes sobriety test.

 

And person knows that lincese is suspended for a year.

 

So would it be best to pay alot for a good lawyer or a decent one? Would a good lawyer be able to get lincense unsuspended or just knocked down?

 

With a good attorney, it'll probably get knocked down to 30 days of no privileges, 5 months work privileges, and possibly even the weekend course. It also depends on the judge that day. If the judge has lost a loved one to a family member due to a drunk driver, your friend will probably get the max, which includes at least 10 days in jail, 1 year suspension, no work privileges, etc.

 

An attorney is needed for any kind of hope staying out of jail and being able to at least drive to work.

[Sully]

Ok thanks.

 

Another question i just got this from person

 

"i was mad because he had me stand on one leg and told me to lift the other and count 1 one thousand and so on and he said if I had to put my leg down it was fine just pick it up and start where i left off

then he told me that was one of the reasons I failed bc i put my leg back down"

 

 

Is that ok?

 

I think they say that because they don't want you to fall over onto the road. But in reality, if you have to put your leg down, it's because you are losing your balance due to being intoxicated.

[Jizzle Juice]

I think they say that because they don't want you to fall over onto the road. But in reality, if you have to put your leg down, it's because you are losing your balance due to being intoxicated.

 

That was my intial thought aswell. Just wanted to see if anyone had another thought or some different info about it. I do appreciate the advice guys this peson is a real good friend and i dont want them to get into too much trouble over a dumb decision.

[dragknee66]

The wording of that officers FST is not correct.

This person is suspended through ALS for refusal to blow yes correct.

[AWW$HEEET]

Refusal to blow ALS is bullshit.

[Snowflake]

refusal to blow is an admission of guilt not a violation of rights.

[BigOxley]

when you sign for your driver's license, you are agreeing to submit to future breath/urine/blood testing from the law.

 

A.L.S. is basically a breach of contract.

[Guest tbutera2112]

With a good attorney, it'll probably get knocked down to 30 days of no privileges, 5 months work privileges, and possibly even the weekend course.

 

this.

 

someone i know just went through this EXACT scenario...and these were the exact consequences

[Mensan]

refusal to blow is an admission of guilt not a violation of rights.

 

A forced admission of guilt is a violation of your rights. If you know you are drunk, and you blow, that is self incrimination. Know your constitution.

 

Also, if you've been drinking and you get behind the wheel, you deserve everything you get. Don't do it.

[LJ]

A forced admission of guilt is a violation of your rights. If you know you are drunk, and you blow, that is self incrimination. Know your constitution.

 

Also, if you've been drinking and you get behind the wheel, you deserve everything you get. Don't do it.

 

and when you get your license you contract that right away, which is constitutional.

[Mr. Jones]

Also, if you've been drinking and you get behind the wheel, you deserve everything you get. Don't do it.

 

 

+100,000

[Radio Flyer1647545514]

What's the penalty for refusing a FST?

[BigOxley]

What's the penalty for refusing a FST?

 

nothing, but it is less paperwork and an easier arrest for the cop

[nurkvinny]

and when you get your license you contract that right away, which is constitutional.

 

Ding ding.

[TTQ B4U]

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