Better Safe Than Sorry

[johnsimion]

Originally Posted by jotoole

Husker Boxster- appreciate it

Re: DUI test

Do as police officers and other public officials do when asked to take DUI test.
Refuse.

You hand over your license for a time, but no DUI on your record.

+++++++
Sorry to burst your bubble, but what you suggest is a very, very bad idea. It results in immediate and automatic loss of license and does NOT preclude a prosecution.

I am an attorney and used to work as an administrative DUI hearing officer as well as defense counsel. People don't realize it, but "Driving Under the Influence" can be prosecuted by the officer's observations of the way you were driving together with the odor of alcohol on the driver's breath. Although the drunk test and blood alcohol tests certainly make an easy prosecution, they are not required.

In my experience, typically the cops follow the suspect for a distance and observe the way he/she drives (crossed the center line; rolled through a stop; failed to stop at the stop line; drove excessively slow; etc.). The driver usually admits to drinking and sometimes even say how much. The cops also carefully observe the driver's "innocent" behavior. For example, did he/she get all fumble-fingered when pulling out the driver's license? When they asked him/her to come sit with them in the cruiser, was the driver unsteady? Circumstancial evidence but you can be convicted on circumstancial evidence ... contrary to lore and TV.

Okay, so now you go to trial and the officer then testifies that you did all this and "Oh yes, your honor, he also refused the drunk test and breath test." Judges aren't stupid, they know darned well why you refused. So now you get convicted of DUI and ALSO you pissed off the judge. You just ran up $$$ in attorneys' fees, got convicted, a harsh sentence, AND you lost your license.

As with most traffic stops, your best bet is to cooperate with the cops, don't run your mouth, and get a good attorney to get you a good plea deal. In MO, first offense DUI is often reduced to C&I driving. I would rather take a C&I than spend a bunch more attorneys' fees to take my chances in a trial where I might be convicted outright of DUI and have them throw the book at me. But then, I don't ever drive after having even one beer.

[jotoole]

And you made several.

I did not mention alcohol. DUI includes any substance that can impair your ability to drive and there's a bunch of them out there. I don't drink and drive period.


"The cops carefully observe the driver's innocent behavior." As a teenager I was arrested for drunk and disorderly conduct. I was innocent and pled not guilty. At trial, the two arresting officers "got all fumble fingered" with the hats they were holding when they saw who my attorney was. He asked each officer what they witnessed and they told two different stories. When the first officer finished his sworn testimony, the judge asked the second to tell his "story." The judge obviously felt I was more credible than the police. He banged his gavel with a "case dismissed."

"Judges aren't stupid, they darned well why you refused." You assume to know the judges thoughts. The judge knows darn well people can have good reason to refuse the test, that being charged does not prove guilt. Otherwise, who needs the judge?

"So now you get convicted."

"ALSO you pissed off the judge."

My bubble is intact. Try not to pay so much attention to tv and "lore."

Do you also assume all your clients are guilty?

[Brucelee]

Lets not get testy boys. Nothing to gain by arguing here.