Washington women breakes "blood alcohol" record!!!

PumpingIron

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Correct me if I'm wrong but Portable Breathalyzers can't be used in the dui case, only as a reason to bring the person in and have a real one?
 
anabolicrhino

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Correct me if I'm wrong but Portable Breathalyzers can't be used in the dui case, only as a reason to bring the person in and have a real one?
It would depend on the state, but usually once you are arrested for that level of intoxication, the police will have a doctor draw a tube of blood to be tested for both evidence and to protect the health of the accused. This is the part of the procedure that a good lawyer can discredit in court by claiming the possibility of corrupted evidence.
 
jomi822

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is it mandatory that one consent to the bloodtest?

i was under the impression that one only needed to consent to a breathylizer test, and ONLY if you are operating a motor vehicle.
 

PumpingIron

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you have to consent to all of it...but if you don't you are basically admitting guilt...

believe me, I've been through it.
 
anabolicrhino

anabolicrhino

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is it mandatory that one consent to the bloodtest?

i was under the impression that one only needed to consent to a breathylizer test, and ONLY if you are operating a motor vehicle.
It will usually go something like- "Your honor the arresting officer could not get the consent of the defendant because in his intoxicated state he was unable to respond to the officers questions. We then consulted a physician who recommended a blood test in the best interest of the health of the defendant"

but, you are correct and that is the process for beating the rap!
 
CRUNCH

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My ex scored a .27 after her second DWI. That was taken about two hours after she wrapped the car around a tree. So who knows what it was at max. Around that time she was doing a liter and a half of vodka per day. Not sure where she's at today, but is still drinking as I just learned from some friends that her license got suspended for a year, it was alcohol related. B*tch!!
 
B5150

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you have to consent to all of it...but if you don't you are basically admitting guilt...

believe me, I've been through it.
Refusal will result in an immediate one year suspension in AZ. Then with probable cause they get a warrant to draw blood anyway. So you really double up on the consequences. Where as even if you got a DUI from submitting to a BA you may not get a suspension on a misdimeanor DUI. But now you have a misdimeanor DUI AND a suspension.
 
mmowry

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In Pa if you dont consent to a breathalizer it is an auto 1yr suspension.
 
jomi822

jomi822

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yes its a 1 year suspension of the liscense if you do not consent to a breathylizer test IF YOU ARE DRIVING.

what about if you arent driving? do you still need to consent to a breathylizer or blood test?

jay?


seems to be a bit too much like testifying against yourself if you have to consent to a blood test if you were not driving at the time the officer stopped you, or if you werent driving at all.
 
mmowry

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If youre behind the wheel with keys in the ignitiom (driving or not) youre still considered driving.And if you werent driving why would the police care unless they are looking to give someone a public intox.
 

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