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Question...? DUI

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  • Question...? DUI

    are blood tests and or breathalyzers mandatory for conviction concerning a stopped vehicle?

    thanks.

  • #2
    No.

    As a matter of fact, the great majority of OUI cases are based solely on the officer's observations and other physical evidence (empty beer cans, etc.).

    We deal with drunks every single day. If we say someone is drunk, that should be prima facie evidence that they are drunk.
    Talk sense to a fool, and he will call you foolish - Euripides

    Comment


    • #3
      No, but they are important for a drunk driving conviction.... I'm don't know what you mean by stopped vehicle, but convictions happen all the time for DUI w/o a blood test or Breathalyzer.
      "Life's tough, it's tougher if you're stupid." John Wayne

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      • #4
        full story...former client

        truck went down a one way the 'wrong way', 2 cars in pursuit, truck pulls in parking lot.
        officers notice intox., the indite. if for, wrong way on a one way, 2 simple assults, 1 aggravated, DUI. duh judge, who i sometimes work with told me they didn't give any tests,
        1 night in the slammer,$2000 bond.

        got any guess's on punishment/conviction? PA case.

        Comment


        • #5
          Re: full story...former client

          Originally posted by CIVSERV
          truck went down a one way the 'wrong way', 2 cars in pursuit, truck pulls in parking lot.
          officers notice intox., the indite. if for, wrong way on a one way, 2 simple assults, 1 aggravated, DUI. duh judge, who i sometimes work with told me they didn't give any tests,
          1 night in the slammer,$2000 bond.
          I can't make any sense out of that.

          Are you sure you haven't had a few yourself?
          Talk sense to a fool, and he will call you foolish - Euripides

          Comment


          • #6
            No, sorry....

            I don't drink. And...I'm in my gov't office. duh!

            The guy left a bar. On the way home he drove down a one way street the wrong way. This was the original reason for the 'stop'. It was a 2 cop car short chase. He didn't stop on the one way for the cops so he pulled into a parking lot. When he got out of the truck, or they pulled him out, I don't know which..(I wasn't there), they noticed he was drunk. So...they wrote him up for a DUI and going the wrong way down a one way street. Then when they went to cuff him, somewhere during the process, they wrote him up for one count of aggravated assault and two counts of simple assault. He must have struggled....dunno. He spent the night in jail, his bail was 10% of 20 grand....$2000. I spoke to the magistrate, cause I work with these guys when I'm out in the field and he told me that the cops didn't test his alcohol level. I wondered if you had a guess on how court would go. Understand???

            Now you can appoligize to me ;-)
            A straight and well behaved civil servant.

            Comment


            • #7
              In Indiana, a chemical test ins't required but evert attempt should be made to obtain it. We can offer any test (blood, breath, urine, etc). If a test does not jive with the suspect's condition, we can do a different test. If a suspect refuses any test (even if it is not the first one offered) he/she may be charged with refusing to take a chemical test. As a result, their driver's license is suspened for one year in addtion to what the court might impose. The license would remain suspended for one year, even if the suspect's is acuitted or charges are dimissed.

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              • #8
                Re: Re: full story...former client

                Originally posted by Delta784
                I can't make any sense out of that.

                Are you sure you haven't had a few yourself?
                Glad to see I wasn't alone. CIVSERV, your second attempt was much better.

                Here in WI, this is how it goes:

                1. Officer makes observations that lead him to suspect OWI. For example, odor of intoxicant, slurred speech, driving behavior (swerving, speeding, driving like an ***, etc.), admission by driver of alcohol consumption and so on.

                2. Officer conducts Standardized Field Sobriety Tests, including Horizontal Gaze Nystagmus test, Walk and Turn test, One Leg Stand test and anything else he chooses to throw in for good measure. We usually add the PBT (preliminary breath test).

                3. Officer makes arrest decision based upon observations and results of SFST.

                4. Officer arrests driver and transports to facility for chemical breath or blood test.

                5. Before driver is tested, driver is issued citation for Operating Motor Vehicle While Intoxicated, $705, 6 points.

                6. Driver completes chemical test (usually breath).

                7. If chemical test shows driver is below .08, driver is still charged with OMVWI. Same goes if driver is able to get chemical test results thrown out.

                8. If chemical test shows driver is at or above .08, driver is issued citation for Prohibited Alcohol Content. PAC violation supercedes OMVWI but the fine and point assessment is the same.
                Caution and worry never accomplished anything.

                Comment


                • #9
                  Indiana:

                  1. Officer develops PC for stop.

                  2. Officer observes driver (odor of alcohol, slurred speech, etc).

                  3. SFST's including PBT

                  4. Advise driver of "implied consent" to consent to a chemical test and the consequences of refusing.
                  A. Consents to test and transported to testing site.
                  B. Refuses test-loses license for one year and is arrested for
                  operating while intoxicated (OWI).

                  5. If suspects tests-arrest is made
                  A. .05%-07% with impairment
                  B. .08% or more

                  6. Arrest is made after the test result.

                  7. Jailed

                  That is a typical OWI, generally speaking. That does't account other circumstances.

                  Comment


                  • #10
                    MEN!?!

                    My reason for asking what the consequences would be is -because- the cops did not administer -any tests-. _That part_ of the story, as it were, was why I was curious,
                    due to the client and his lawyer thinking the DUI charges would not stick. I -know- the proceedure of DUI testing, I work in a police station in a different state. Thank you my men for your responses, but my curiosity is over the cocky attitude of the indited man and his lawyer thinking the DUI would not stick. It's a first offense as well.

                    Yours truly,
                    CivServ

                    Comment


                    • #11
                      CIV;

                      I can only speak for my state but DUI should stand whether subject was tested or not as long as the officer did his job. However, since it is first offense if he has a good attorney it will probably be plead out and reduced to reckless after probation, DUI school, and some fines depending on judges mood and the story behind the aggravated assault.
                      Say it, Say Car Ramrod!

                      Comment


                      • #12
                        Re: No, sorry....

                        Originally posted by CIVSERV
                        Now you can appoligize to me ;-)
                        Apologize for what? For pointing out that your post looked like it was typed by a drunken chimp?
                        Talk sense to a fool, and he will call you foolish - Euripides

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                        • #13
                          To get out of drunk driving case (in my area) will cost about $7,000-$10,000. so, it is still a costly endeavor any way you look at it.

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                          • #14
                            Re: Re: No, sorry....

                            Originally posted by Delta784
                            Apologize for what? For pointing out that your post looked like it was typed by a drunken chimp?
                            On behalf of drunken primates everywhere, that's offensive. Monkey's are very good typists, even intoxicated. Who do you think types up all the those fortunes in cookies?
                            Still leading the team in PIMs, the fans are calling me a goon.
                            --------------------
                            This is Papa Bear. Put out an APB for a male suspect, driving a... car of some sort, heading in the direction of, uh, you know, that place that sells chili. Suspect is hatless. Repeat, hatless.

                            Comment


                            • #15
                              Here in Michigan, if a person refuses to submit to testing (SFST, Breath Test, etc.) and you can articulate reasons that make you believe the person is intoxicated (slurred speech, bloodshot eyes, odor of intoxicants, bad driving, etc.) you get a search warrant, signed for blood, from a judge. You then take the person to the nearest hospital and have blood drawn. When it's done you book the person at jail and send a report to the prosecutor, who then waits on the results of the blood draw. Nobody arrested gets away, without providing a test for the presence of alcohol in their system.
                              sigpic

                              The art of war is simple enough. Find out where your enemy is. Get at him as soon as you can. Strike him as hard as you can, and keep moving on.-Ulysses S. Grant

                              Comment

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