Can it be this easy to get out of a DUI?

[Lotus49]

First of all, I don't even drink. But anyway, one of my co-worker's husband is a cop and he came by to hang out one evening. So, coming from the mouth of a police officer, this is how you can get out of a DUI: Suppose you're driving drunk, and you get into an accident. Then, before the cops or anybody shows up, you get out of your car and go sit on the curb - drinking liquor out of a brown bag. You just keep sipping, until the cops show up.

Basically, there's no way to conclusively prove that you didn't 'get drunk' after the fact. And there's nothing against the law about drinking an alcoholic beverage (concealed in a bag) up on the sidewalk. Yeah, the cops are probably gonna know what you're doing - but all that matters is what they can (or can't) prove.

Surely this wouldn't really work. But then again it was a cop that told us this.

 

[GuitarHero]

Great idea! I'll try it tomorrow!

 

[amadeus]

If you're drunk and you get into a car accident, I don't think you're sober or smart enough to do this in the first place.

 

[woody60707]

First of all, I don't even drink. But anyway, one of my co-worker's husband is a cop and he came by to hang out one evening. So, coming from the mouth of a police officer, this is how you can get out of a DUI: Suppose you're driving drunk, and you get into an accident. Then, before the cops or anybody shows up, you get out of your car and go sit on the curb - drinking liquor out of a brown bag. You just keep sipping, until the cops show up.

Basically, there's no way to conclusively prove that you didn't 'get drunk' after the fact. And there's nothing against the law about drinking an alcoholic beverage (concealed in a bag) up on the sidewalk. Yeah, the cops are probably gonna know what you're doing - but all that matters is what they can (or can't) prove.

Surely this wouldn't really work. But then again it was a cop that told us this.

It goes under reasonable doubt. But the cops can write you a ticket for anything in the world. It's the jury you have to convince that there was reasonable doubt that you weren't drunk. And it take time for the body to processes alcohol. It doesn't matter how much or fast you drink, your BAL isn't going to go from a .00 to a .08+ in less then 5 or 10 mins.

 

[emzie]

I think they could get you for public intoxication.

 

[woody60707]

But all of those people still have the DUII arrests on their records. State law says arrests for motor vehicle violations cannot be removed from a driver’s record — even if the individual was never actually charged or convicted.

http://www.gtconnect.com/articles/2007/11/02/news/community/3aaa02_tortclaim.txt

And you still get a DUI recored just from getting a DUI ticket. You don't need to be convicted or even charged for a DUI.

 

[Lotus49]

It goes under reasonable doubt. And it take time for the body to processes alcohol. It doesn't matter how much or fast you drink, your BAL isn't going to go from a .00 to a .08+ in less then 5 or 10 mins.

Yeah, I knew it takes time. But, (and keep in mind I don't drink and therefore am no expert) I thought you had a choice as to whether they administered the breathalyser or blood test. I presume the latter must be done back at the station. So whatever - your objective is to buy as much time as possible. If all you need is a few minutes... it's possible. And of course, a lot depends on their response time, also.

I dunno if you can 'refuse breathalyser' or what, and then what happens? Anyway I would hope there's no loopholes here, but this cop was saying otherwise.

 

[Commodore]

First of all, I don't even drink. But anyway, one of my co-worker's husband is a cop and he came by to hang out one evening. So, coming from the mouth of a police officer, this is how you can get out of a DUI: Suppose you're driving drunk, and you get into an accident. Then, before the cops or anybody shows up, you get out of your car and go sit on the curb - drinking liquor out of a brown bag. You just keep sipping, until the cops show up.

Basically, there's no way to conclusively prove that you didn't 'get drunk' after the fact. And there's nothing against the law about drinking an alcoholic beverage (concealed in a bag) up on the sidewalk. Yeah, the cops are probably gonna know what you're doing - but all that matters is what they can (or can't) prove.

Surely this wouldn't really work. But then again it was a cop that told us this.

Don't believe a word he says. Cops tell people lies about how to get out of stuff to make it easier for them to bust you. How do I know this? A police chief that I used to work with told me that they purposely spread falsehoods about that kind of stuff to make you think you can get out of a charge, but in reality you are digging your own grave.

 

[Commodore]

Yeah, I knew it takes time. But, (and keep in mind I don't drink and therefore am no expert) I thought you had a choice as to whether they administered the breathalyser or blood test. I presume the latter must be done back at the station. So whatever - your objective is to buy as much time as possible. If all you need is a few minutes... it's possible. And of course, a lot depends on their response time, also.

I dunno if you can 'refuse breathalyser' or what, and then what happens? Anyway I would hope there's no loopholes here, but this cop was saying otherwise.

If you refuse the breathalyser, you get an automatic DUI, and will have to appear in court and explain why you refused the breathalyser.

 

[JohnRM]

First of all, I don't even drink. But anyway, one of my co-worker's husband is a cop and he came by to hang out one evening. So, coming from the mouth of a police officer, this is how you can get out of a DUI: Suppose you're driving drunk, and you get into an accident. Then, before the cops or anybody shows up, you get out of your car and go sit on the curb - drinking liquor out of a brown bag. You just keep sipping, until the cops show up.

Basically, there's no way to conclusively prove that you didn't 'get drunk' after the fact. And there's nothing against the law about drinking an alcoholic beverage (concealed in a bag) up on the sidewalk. Yeah, the cops are probably gonna know what you're doing - but all that matters is what they can (or can't) prove.

Surely this wouldn't really work. But then again it was a cop that told us this.

It is illegal to consume alcohol in public (on the street).

 

[Lotus49]

It is illegal to consume alcohol in public (on the street).

Maybe, but it's probably not nearly as severe a charge as getting smacked w/ a DUI - that's the idea I guess. Anyway I think Commodore is right on... those cops, man... I should have known...

 

[Knight-Dragon]

Somehow I think discussing how to sneak around the law regards to drunken driving is not the most brilliant topic to grace this subforum in a while.

Thread closed - questionable topic for discussion.