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How to get out of a DUI

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lxskllr said:
In MD I think the keys need to be in the ignition. If you're gonna sleep off a drunk, you throw the keys under the seat before crashing.
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If you are in the vehicle along with the keys you can be charged here, even if they aren't on your person.
 
Syringer said:
DUI = driving UNDER influence

This is proven by being pulled over, and given a sobriety test, if you fail that means you were driving while drunk.

If you're pulled over, THEN drink, and are given a test, it can't be proven that you were drunk BEFORE/WHILE driving, instead of AFTER being pulled over and stopped.
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First, alcohol is not absorbed into your system instantly. Second, (if it were), you're still in physical control of the vehicle when you're consuming (and becoming intoxicated by) said alcohol. Either way, you're done.

A Casual Fitz said:
What would the point of even having a designated driver then?
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As a passenger in a vehicle with a driver, you're not in control of the vehicle.
 
jlee said:
First, alcohol is not absorbed into your system instantly. Second, (if it were), you're still in physical control of the vehicle when you're consuming (and becoming intoxicated by) said alcohol. Either way, you're done.



As a passenger in a vehicle with a driver, you're not in control of the vehicle.
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Would you arrest a drunk guy sitting in the driver seat of a parked car (even if he had no intention of driving it, say just warming it up or something)?
 
jlee said:
First, alcohol is not absorbed into your system instantly. Second, (if it were), you're still in physical control of the vehicle when you're consuming (and becoming intoxicated by) said alcohol. Either way, you're done.

As a passenger in a vehicle with a driver, you're not in control of the vehicle.
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Not to mention that by the time the perp arrives at the test center, his BAC will have risen....blow far enough over the limit and the courts will tap dance on their ass. Must be great fun going from having a slap on the wrist to dishing out $5-10k for an alcohol treatment program.

Conviction rates for DUI's are HIGH because the law enforcement system has been very serious about it for a long time and they know ALL the angles. Pretty much the only way to get off of a DUI charge is a procedural fuck up on the part of police. Multi-millionaires these days have a hard time beating a DUI rap...common folk have even less of a chance.
 
shortylickens said:
If you go out into the parking lot with keys in your hands you can get busted immediately. Better the leave them with a friend you trust, or the barkeep.
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That's some draconian law! What if you're going to your car to get your cellphone to call your designated driver? What if you are cold and left your jacket in your car?
 
A cop came into our law class in high school.
We asked him this question and he said he would charge us with tampering with evidence, which is a third degree felony.
 
Leros said:
Would you arrest a drunk guy sitting in the driver seat of a parked car (even if he had no intention of driving it, say just warming it up or something)?
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Friend got a DUI for this in high school. Wasn't even in the driver's seat.

I knew a guy who got out of a DUI by requesting a lawyer, being taken to the police station, saying he had to use the bathroom, and then hiding out in a stall for as long as possible before they got him to the breathalyzer. Cops couldn't prove the DUI but he did get hit with reckless driving.
 
Syringer said:
1) Carry a bottle next to you
2) Chug it when you get pulled over
3) Officer can't prove alcohol in you was WHILE driving
4) ...
5) Profit?

http://i.imgur.com/950B1.jpg
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You'd have to do it OUTSIDE the car, and then be in a location that would have you not driving.

A local DJ was getting pulled over at his house, pulled into his garage and just ignored the cop...he went into his garage fridge and started drinking from a vodka bottle in the freezer.

Cop asked him WTF and he said he had been dying for a drink all nite. 🙂
 
XZeroII said:
You seriously believe that? Did you know that you can still get a DUI if your BAC is below the legal limit? It's all about whether you were impared while driving. You can get a DUI for being impared for taking prescription drugs.
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These are different charges. It all depends on the jurisdiction, but the charges that I'm familiar with include:
ADWI - Aggrivated Driving While Intoxicated
DWI - Driving While Intoxicated
DUI - Driving Under the Influence
DWI - Driving While Impaired

From what I can remember:
ADWI and DWI(ntoxicated) apply to to your BAC being over the legal limit.
DUI applies to alcohol or other drugs
DWI(mpaired) can apply to a BAC under the legal limit, authorized prescription medications, being too tired, etc.

They are also very different charges. If I remember correctly, ADWI, DWI, and DUI can be felonies? and DWI(mpaired) is typically a traffic infraction...

In the end, none of those distinctions matter unless you're dumb enough to operate a vehicle when you shouldnt be...
 
jlee said:
First, alcohol is not absorbed into your system instantly.
Click to expand...

The breathalyzer doesn't know that, though. Alcohol on the breath will throw the breathalyzer off too much. If the person is good at keeping a straight face with a buzz on and can pass a field sobriety test, it sounds like the only option to prove anything is that retrograde extrapolation method listed above.

Although, if someone's resorting to slamming a beer when getting out of the car to greet an officer, something tells me he's / she's past that barely-buzzed point where they'd register a .09 😛
 
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1) Back in the day, you could refuse a breath / blood test without much consequence (today your license gets suspended, etc). So you refused the test that would prove you were drunk in court.

2) Back in the day, not all cop cars had cameras. So even if you failed the field sobriety test, you had another chance back at the station.

3) Once at the station, if you were sober enough to make a good video, then either the prosecuter dismissed your case or your lawyer was able to convince a jury based on video evidence, you were able to operate a motor vehicle despite the officers testimony to the contrary.

or lastly

4) You plead guilty with the provision that the conviction be removed from your record following the successful completion of your sentence, payment of fines, attendance of classes, and a certain number of years of good behavior. You would still have an arrest record, but no conviction. This only works if your background is spotless, you have a good lawyer and the judge agrees.

Today you are mostly screwed from the beginning. Even if you refuse the blood / breath test (in Texas, many nights are no refusal nights, where you legally cant refuse), the field sobriety tests are now filmed by the cops car camera so your chances of beating it are slim to none. Most juries side with that nice looking cop in his startched uniform with the shiny badge and nice gold plated pencil set in his shirt pocket, who will "exaggerate the truth" if necessary to get you convicted. :'(

Moral of the story? Dont drink. If you do, dont drive. And please dont be stupid enough to carry bottles / cans in your car that are open.
smileydance.gif
 
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