Me Refusing Police at DUI Checkpoint

DEpointfive0 · 08-24-2013, 05:35 PM

Quote:

Originally Posted by gsxr750

In most states refusing to submit a DUI test will result in your drivers license either being suspended or revoked , by your state DMV or a local judge, so if you haven't been drinking its a foolish move.

Also if you have been drinking and refuse the test, its hard for the police to get a conviction on a DWI charge that requires a certain alcohol blood percentage. But what they can get a conviction on is driving while impaired, which doesn't require a test, only the police officers trained observations.

So refuse the test, your end result will be a instantly revoked license and a possible impaired conviction, even driving while falling a sleep and get you nailed for this in most states.

I discussed this top for about 2hrs. with a NYS town judge that had a regular business during the day and what I stated above, is what he said happens most of the time a driver refuses a alcohol test.

He said the best outcome from a DWI arrest is that if it results from a simple traffic stop , its best to comply with the police, be professional if you can, try and not incriminate your self and in the end most of the time its plead down to driving while impaired and you keep your license.

Fight it and the DA may hammer you.

This is a DUI checkpoint, which is a bit shady. So, their workaround is to ask for your license and ASK if you've been drinking. In which you can refuse to answer questions.

Now, in CA, even if you ARE drunk, (and it's your first time being pulled over for it) you can refuse ALLLLLLLLL tests. Blower, blood, everything, and the MOST they can charge you of is SUSPICION of driving under the influence, and your license will NOT be taken away, and the penalty is MUUUUUCH less harsh.

I know this because my gf got a DUI not too long ago...

AGAIN, if they see you as being a prick, and critical was a BIT (but I still love/hate him

) they can take a look over your car and if something is readily wrong, then they can ticket you and now you're their bitch.

Same goes for smog tests (at least in CA, [MIGHT be a city thing too because some of the commie CA cities have their own ordinances],) they call them smog observation stations, if you get on their rolling road you are convicting yourself almost, so yeah, if you want to hire a lawyer, I bet you can get out of it... But if you refuse, they really can't do anything.
And I know in other states they have cameras, like speed cameras, that somehow detect pollution and they send you a ticket (these are usually at freeway entrances)

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