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Beating a DWI/DUI [this is funny!]

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  • Beating a DWI/DUI [this is funny!]

    Saw this on another forum.

    If someone is pulled over and they are at risk for a DUI/DWI, once the cop pulls them over and goes back for a breath analizer, if the driver gets out of the vehicle and starts chugging whiskey (etc) the cop will only be able to charge them with "public intoxication" because they cant proove that the driver was intoxicated at the time of driving

    and he mentioned something about getting rid of the car keys but I dont really know where that comes into play...Of course I have never drank and drive and would always discourage anyone from doing so because it could result in death. But I just couldnt believe this and HAD to ask if this could at all happen.
    I laughed my *** off but for argument sake..humor me with a response.

  • #2
    Originally posted by jb5722
    i have stopped cars before and had subjects attempting to pound beers. the only thing it got them was a free arm bar.
    I figured as much lol. What did you charge that person with?

    To those posting, please state what they would be charged with as well.

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    • #3
      No Public Intox in NY.....but you can be charged with DWI as a Misdemeanor if in the arresting officer's experience and training he can testify that you were driving while intoxicated. So if you follow the above scenario you still can get charged with the crime.....and since you might have negated the breath test....most DAs will not negotiate with a defense attorney for a lesser plea so you're in for the ride on the Misdemeanor.

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      • #4
        Originally posted by Dinosaur32 View Post
        No Public Intox in NY.....but you can be charged with DWI as a Misdemeanor if in the arresting officer's experience and training he can testify that you were driving while intoxicated. So if you follow the above scenario you still can get charged with the crime.....and since you might have negated the breath test....most DAs will not negotiate with a defense attorney for a lesser plea so you're in for the ride on the Misdemeanor.
        I was under the impression that you could also probably be charged with some kind of destroying evidence by chugging the alcohol? I'm also thinking that if someone was to jump out of the car and reach for something [in this case the bottle] they might possibly get new holes made in their body if the officer felt a threat to his/her safety.

        So NY has no laws against drinking in public? I'm not sure if the charge is "Public Intoxication" but I've seen several people get cited by the NYPD for drinking alcohol in public.

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        • #5
          We could just run them through the SFST's and arrest them all the same for OWI... the alcohol they're consuming at the stop won't affect them right away. Then I'd tack on either a state charge for open intoxicant in a motor vehicle or a municipal charge of open intoxicant in public... that one really depends on whether they were inside the vehicle or outside the vehicle. I wouldn't bother with a PBT, as the result would most likely be so skewed from that recent beer chug. I would take'em straight to the hospital for a blood draw. If need be, we could always get the crime lab to figure out what their BAC was at any given time through those special equations all those smart people have... then have them give their expert testimony in trial.
          sigpic

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          • #6
            I've heard people tell this tale before too...Dummies. The thing about the car keys is that you jump out of the car and throw the keys into the woods or something... How that would negate you getting in trouble for dui is beyond me though.

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            • #7
              Neither of these things work. First, the State can nail you on intent to operate. So, how does the person who has been pulled over know that he was pulled over for DWI? Therefore, he has every intention of driving once the stop is over, right?

              As for tossing the keys, I just had a case where a guy was followed by police, pulled into a market and tossed the keys while he was inside. The cop wasn't even pulling him over for DWI. He ran the tag and the guy came back expired. Only when he came out of the market did he realize the guy was intoxicated. The guy made up some BS about him hitchhiking and being dropped off at the market where he just happened to see his car that his mechanic had dropped off at the market. Of course the fact that the officer said unequivocally in his testimony that he saw the guy get out of the vehicle and never took his eyes of him definitely carried the day.


              "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

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              • #8
                It's simple, alcohol takes time to absorb into the blood. The argument about spiking the alcohol on scene is pointless because scientists can easily be called in to refute it. The officer conducts their investigation as normal and requests breath/blood if they suspect DUI. If the person refuses to submit (claiming the spiking defense), they get charged with implied consent just as anyone else. The officer does not change the breath test procedures. They wait the required time to eliminate the possibiity of a mouth alcohol reading and will still get an accurate reading of the BAC without worrying about the levels changing. Eventually the spiked alcohol will increase their BAC, but not soon enough to question the results of what was already in their system prior to contact. Besides, the more important evidence is the officer's testimony when initial contact was made.

                The spiking defense probably got someone off somewhere years ago.
                I'm 10-8 like a shark in a sea of crime..

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                • #9
                  Correct. It takes around 20-40 minutes after drinking for the alcohol to be absorbed into your bloodstream through your small intestine.

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                  • #10
                    I never let them throw their keys into the woods.....if I get a OWI towards the end of my shift and I don't want to do the paperwork, I take their keys and throw them in the woods for them. They can search for them and by the time they find them they're sober right??
                    Life, Liberty, and the Pursuit of All who Threaten it...

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                    • #11
                      Forum Member




                      Join Date: Nov 2005
                      Location: Tennessee
                      Posts: 3,198 It's simple, alcohol takes time to absorb into the blood. The argument about spiking the alcohol on scene is pointless because scientists can easily be called in to refute it. The officer conducts their investigation as normal and requests breath/blood if they suspect DUI. If the person refuses to submit (claiming the spiking defense), they get charged with implied consent just as anyone else. The officer does not change the breath test procedures. They wait the required time to eliminate the possibiity of a mouth alcohol reading and will still get an accurate reading of the BAC without worrying about the levels changing. Eventually the spiked alcohol will increase their BAC, but not soon enough to question the results of what was already in their system prior to contact. Besides, the more important evidence is the officer's testimony when initial contact was made.
                      Yeah that...What he said.

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                      • #12
                        Originally posted by Riverfuzz50 View Post
                        I never let them throw their keys into the woods.....if I get a OWI towards the end of my shift and I don't want to do the paperwork, I take their keys and throw them in the woods for them. They can search for them and by the time they find them they're sober right??
                        10-4, LOL
                        Ignored: Towncop, Pulicords, TacoMac, Ten08

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