Better Safe Than Sorry

[eightsandaces]

Originally Posted by husker boxster

Jotoole, thank you for your service to our country.

I was telling my story to my buddies after golf tonight. One of them said the police make the test so ridiculously difficult so you'll incriminate yourself by saying you couldn't do it if you were sober. Interesting take. The "I couldn't do it if I was sober" thought has been a recurring theme throughout this thread. If you ever get pulled over, better resist the temptation to say it.

Also, someone else said the police are required to wait 15 min after they stop you before they can administer the breathalizer. Not sure if that's true or not, but the officers I dealt with did take about that long before they had me give it a whirl. So mayber there is some truth to that.

Just thought I'd pass these tidbits along.

This works against you, in fact if you're breathalyzed at the roadside then again at the station it will likely be higher at the station. There's a factor for how long after drinks the alcohol peaks, I just don't remember what my cous told me..

[Frodo]

Yeah, that can be true. Depends what the time line on your drinking was. If you had just bolted down a few shortly before driving and getting stopped, it sure could work against you if they delay the test for awhile.

OTOH, if you were legally under the influence when you were driving but it had been awhile since you had last had a drink, your blood alcohol level could well be on its way down, and a delay in testing could work to your advantage.

Blood alcohol level is not a static thing. The results of the test, if it was delayed significantly, is not particularly indicative of what your level was when you were cruisin' down the road. And whether the delay helps you or hurts you is a function of whether your level was on the way up or on the way down when you were stopped.

I've heard of cases (it may be commonplace, I don't know) where defense attorneys have tried to use unreasonable delays in testing as all or part of the defense.

[stephen wilson]

Well, just another opinion, but my Brother-in-law is a public defender, and recommends politely refusing any sobriety tests ( if you know you're over the limit). The tests do help build a case against you, and their absence can help in your defense. Also, don't even admit you've had a drink, in some states that forces the officer to perform sobriety a test. They expect you to lie, even if it's just saying you had one or two, instead of a dozen!
If you're going to drink, buy a cheap breathilizer (sp?) to check yourself before driving.

Oh yeah, some states can compel blood testing, so in that case, you're screwed.