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I know what comes next.
"Turn toward the vehicle, please."
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Sitting in the back of the squad car, thoughts raced through my head. How was this possible? An hour ago I was sitting in the patio of a popular downtown bar filled with drunken patrons going crazy. The hockey team had just destroyed their opponents, and opposite me sat a very intriguing woman I had just met. We were clicking on all topics of conversation and were now discussing what we thought of one another; our experiences meeting people fell along similar paths, and she smiled at me. Two beers in I felt hungry, so I suggested we high tail it out and go eat burritos. A few minutes later the red and blue flashing lights appeared behind me. I pulled over to the side of the road.
Depending on where you are from, your local police force will carry a reputation - friendly and forgiving, stern but fair, abusive and demanding. Ours has come up in the news quite often recently for a lack of staff to police the streets, but some locals claim there are more than enough badges roaming the streets to harrass people out trying to have a fun night. In this instance, my feelings started one way and turned another quickly.
Throughout the questioning I never felt in doubt that I would be set free, that I passed all of my sobriety field tests, and that I would be enjoying the rest of the night with my new friend. However, regardless of whether you blow a 0.08, higher, or lower, California Vehicle Code 23152a states that, "It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle." With this vague law in place, it is up to the discretion of the officer at that point to determine whether the driver is "under the influence" to the point where he should be taken off the road. The police officer had me blow into the breathalyser once, told me it needed to be calibrated, and asked me to blow a second time. That may have been my undoing.
At 6' (182cm) and 185 lbs (83.9kg), two beers should not have put me over the legal limit. I should not have told the police officer that I was drinking. I should have asked what the score was on the first breathalyser test, and I should have asked about the second time. Hell, I should have declined the second one and declined the first one as well, really. I should have made sure that my lights were on and that there was nothing I could be pulled over for in the first place. Right now I feel a crushing weight that is sitting on me but still suspended ever so slightly above me, waiting for the final moment to finish me off.
 
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Breathanalizers are innacurate, you should demand them to do blood work inmediatately if what you said is true
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Well in some states you can refuse a breathalyzer but doing that gets you insta arrested because of the rules you agree too when you get a license.
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Edit: Apparently my colleagues think what I wrote was borderline legal advice over the internet. Best to just lawyer up.
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wow i didnt know they could arrest you even if youre under 0.08.
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If you deny a breathalyzer test you'll just be chucked in a cell quicker, at least in the UK, if you refuse you're giving them grounds to suspect you are under the influence and they will just cart you off on the spot, i cant imagine america being much different.
They DO need to be calibrated and having people blow twice is a common occurrence.
Peoples bodies are different, i know a 6ft man, fat as fuck (for lack of a better description) who can drink 2 beers and be a danger to walk let alone drive. Your height and weight only has so much to do with it before your body chemistry participates.
As far as i can tell you got caught out drink-driving (legally) but because you felt perfectly fine to drive and "shouldnt be over the limit" you have a problem with it, which only everybody in your situation does. You even mentioned you didn't ask for the breathalyzer readings so how did you know you weren't over the limit?
+ Show Spoiler +I'm not saying you weren't sober enough to drive, you may have been, but that doesn't mean you weren't over the legal limit OR should have been driving in the first place.
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Finland7871 Posts
On April 22 2014 17:15 JohnChoi wrote:
wow i didnt know they could arrest you even if youre under 0.08.
Laws differ from place to place but I don't see a problem with police detaining someone that they believe to be a danger to others.
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well he was referencing california vehicle codes and im in cali too  but your line of logic makes sense. if the dude was not driving properly I guess the police would have grounds suspect it's not just alcohol and possibly drugs?
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i got nailed for shoplifting when i was 15. at that time i was stealing anything that was not nailed to the ground so it was only a matter of time before i got caught.
the police were very cordial and professional.
the toughest part was dealing with my mom.
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Canada7170 Posts
So what happens now?
btw I'm 145lb. and Chinese and I think it takes me 3 beers to get to 0.08.
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On April 22 2014 14:01 Slaughter wrote:
Well in some states you can refuse a breathalyzer but doing that gets you insta arrested because of the rules you agree too when you get a license.
yup this is important to know.
that sucks though 
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Good job by the police officer, the fact that you still have the idiotic high limits allowing you to drink and drive doesn't mean you should. Here you would lose your licence on the spot and been close to having to serve time.
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That sucks pretty hard. Good luck with this 
On the other side, i wouldn't drive even if i only had half a beer. Just to be sure.
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On April 23 2014 06:42 Xan wrote:
Good job by the police officer, the fact that you still have the idiotic high limits allowing you to drink and drive doesn't mean you should. Here you would lose your licence on the spot and been close to having to serve time.
U do know a young man that drank 2 beers will beat an old lady behind the wheel in any psico motor test right?
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My understanding of drinking and driving law in Scandinavia is that 0.02 is the legal limit. I'm basing my feelings and experiences against what I understand to be the norm where I live.
My best friend's wife is a lawyer with lots of connections, so I asked her for a referral to a lawyer well versed in criminal and DUI law. She got back to me the next day and I met with her fellow practitioner later that afternoon. After going over my explanation of the night's proceedings, she told me that unfortunately the district attorney in our county is VERY aggressive and will likely file charges against me for one or both of the vehicle code infractions. In the case where my blood results come out 0.08 or higher, she tells me, I am fucked. I would then be looking at a one month suspension of my license followed by 3 months of a provisional license (basically, nobody else allowed in the car), a week of community service, 3 months of DUI school, and 3 years probation where I cannot legally drink and drive with any alcohol in my system.
A college friend of mine recently got arrested for his second DUI and is facing 4 days in jail, a year's suspension of his license, and other stiff penalties. In my case, the lawyer informed me that if I only get charged for the vague DUI code infraction, things may work out slightly more in my favor. I won't get too detailed, but basically I would have to pay $2,000 in court fees and $3,500 to end up with a lesser charge and penalties. The lawyer calls it "the $10,000 mistake" and notes that almost all DUI cases she hears are from people who are well above the legal limit, and not people like me who could be in the 0.06-0.08 range. The letter of the law is intended to keep drunken motorists from swerving around on the road and endangering the lives of others, but I was close enough that I got included in the wide swath of what they look for in a suspect.
My parents and best friend have been very supportive. Next week I call the clerk's office to see what they want me on, and make a decision about lawyering up at that point.
I texted the woman I went out with that night the next morning and expected to never hear from her again, but she replied with "I'm just so happy you're all right" which was a pleasant surprise. I'm not sure how to proceed there considering I might be out of a license for a month and she lives 20 minutes away by car, but I suppose there's still a chance of things working out.
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shit that's expensive
Can't you just go to jail for a few days instead? (As I understood you are from Scandinavia, so it's pretty much a few days ina hotel? lol)
Edit: Get the girl, if she is into you she'll drive or take a bus towards you :p
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yes i have. I don't know bout scandanavia but in America a lawyer can get you out of anything.
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Out of curiosity, when you refer to 0.08%, do you mean blood alcohol concentration or breath alcohol concentration?
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The Scandinavia comment was directed at Xan. I'm in California. BAC is blood alcohol content.
Update: I have either been suspended or terminated from my job! But I won't know for certain until Monday as we're off until then. Fun times.
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Why would you say, "Yes, officer, I just had a few beers?" You shouldn't talk to police officers at all if you don't have to. You don't know anything.
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EPT
