Remote Posted April 3, 2004 Share Posted April 3, 2004 So in Maryland, if you go downtown (Baltimore) on weekends, you will run into a checkpoint taking the major highway out of the city. Basically police are stopping EVERY car coming home to do random sobriety checks. Last weekend I had a few drinks, wasn?t drunk at all, but probably legal drunk which is only 2 beers to be over the limit. I got pulled over and asked a few question and the cop let me go, I got lucky I wasn?t randomly chosen to take atest. Before I go further, I dont need a lecture that I shouldn?t drink and drive and whatnot, this thread isn?t meant to debate drinking and driving. Anyway, me and my sister (in law school), where talking about it, because they will be doing checkpoints every weekend for the rest of the year. My sister informed me that you can refuse to take a sobriety test, giving that you forfeit your license to the officer. Meaning, if I feel i may fail a test, I can say to the officer that I know my rights and I choose to not take a test. Here is my licenses and I will go to court to get it back. When I go to court the judge will have no proof to convict me of drinking due to evidence maybe being red eyes and smell of alcohol, not enough to convict. So is my sister cCan I refuse to take a test?est? Link to comment Share on other sites More sharing options...
matt74441 Posted April 3, 2004 Share Posted April 3, 2004 Just take the test. Link to comment Share on other sites More sharing options...
Dane Posted April 3, 2004 Share Posted April 3, 2004 Yes, you can....but it will make more of a problem if the cop is in a bad mood. Link to comment Share on other sites More sharing options...
X Statik Process Posted April 3, 2004 Share Posted April 3, 2004 I don't know if you can refuse to take the test, but why wouldn't you? Is it just to avoid getting a DWI? IS there anyway to avoid the checkpoint? Link to comment Share on other sites More sharing options...
Remote Posted April 3, 2004 Author Share Posted April 3, 2004 I don't know if you can refuse to take the test, but why wouldn't you? Is it just to avoid getting a DWI? IS there anyway to avoid the checkpoint? Well, yes, I can take a much longer route. Now I will be having a DD or taking a cab from now on, but I can be pulled over anytime, not just checkpoints, so its good to know my rights. Ive done some googling, it seems I can refuse to take the test but the officer might also threaten that if you don't take the tests, you will be booked into jail. If threatened, generally it is okay to do them, just let the officer know that you are cooperating out of respect for him/her and politeness, and that you are doing so under protest. That way, your DUI attorney can later make a motion to suppress the tests because they lacked your voluntary consent. sure ill go to jail, but id rather go to jail then have a dui. Link to comment Share on other sites More sharing options...
aem4162 Posted April 3, 2004 Share Posted April 3, 2004 take the test. for as much as i hate checkpoints, it's ok if they get even one drunk off the road Link to comment Share on other sites More sharing options...
SabaTime Posted April 3, 2004 Share Posted April 3, 2004 true Link to comment Share on other sites More sharing options...
Remote Posted April 3, 2004 Author Share Posted April 3, 2004 take the test. for as much as i hate checkpoints, it's ok if they get even one drunk off the road Totally agree, I think its great what they are doing even though traffic is terrible now coming home. However, MD has a VERY low BA level. As I said, two drinks and i can be over the limit, but I know my body and 2 drinks does not impare my judgement. Link to comment Share on other sites More sharing options...
AcdShdw Posted April 3, 2004 Share Posted April 3, 2004 lol dont take the test , give the cop your license, then what? drive home with no license, how are u gonna get to court without it lol Link to comment Share on other sites More sharing options...
Remote Posted April 3, 2004 Author Share Posted April 3, 2004 lol dont take the test , give the cop your license, then what? drive home with no license, how are u gonna get to court without it lol I dont drink alone nor drive along coming from drinking. Someone else in the car can drive. And im sure I can find a means of transportation to get to court Also, im hoping this will help others be informed of their rights, im sure im not the only one that will gain good info from this thread Link to comment Share on other sites More sharing options...
CTLA Posted April 3, 2004 Share Posted April 3, 2004 If you did reject the test, What if told you he will pull you in if you don't take the test? Link to comment Share on other sites More sharing options...
Remote Posted April 3, 2004 Author Share Posted April 3, 2004 If you did reject the test, What if told you he will pull you in if you don't take the test? IF i knew i would fail the test, I would rather go to jail then get the DUI, wouldnt you? Link to comment Share on other sites More sharing options...
OPaul Posted April 3, 2004 Share Posted April 3, 2004 Well, yes, I can take a much longer route. Now I will be having a DD or taking a cab from now on, but I can be pulled over anytime, not just checkpoints, so its good to know my rights. If you refuse to take the tests and get your license taken away how can you drive home? Link to comment Share on other sites More sharing options...
jawshoouh Posted April 3, 2004 Share Posted April 3, 2004 in PA when i got my license (when i lived there, about 14 years ago), they said that if you refused any sort of test, you were basically arrested on the spot. they impound your car, take your license, haul your ass to jail, and then force the test on you, anyway. the only thing they can't do is search your car without probable cause; if they ASK you to search your car, you're certainly allowed to refuse that, however if they see something that would give them reason to, they can and will search. Link to comment Share on other sites More sharing options...
AcdShdw Posted April 3, 2004 Share Posted April 3, 2004 I dont drink alone nor drive along coming from drinking. Someone else in the car can drive. And im sure I can find a means of transportation to get to courtAlso, im hoping this will help others be informed of their rights, im sure im not the only one that will gain good info from this thread i def gained info, i hate being screwed sometimes for not knowing my own rights Link to comment Share on other sites More sharing options...
nutternutin Posted April 3, 2004 Share Posted April 3, 2004 the feild sobriety test is just a show, it means nothing. I have seen people pulled over, given the test, and PASSED...yet they are still arrested and taken to the station for the brethalizer. Point is, if the cop thinks you're drunk, you're at the least going for a ride. Link to comment Share on other sites More sharing options...
Briandl79 Posted April 3, 2004 Share Posted April 3, 2004 I can't believe anyone would actually admit to their stupidity in that they have driven drunk and in addition to that are looking for ways to avoid the legal repercussions in the future. Your sister isn't a lawyer, if you plan to break the law without regard for the safety of others then I'd recommend you at least consult with an attorney to inform you of what rights you may have. Link to comment Share on other sites More sharing options...
Remote Posted April 3, 2004 Author Share Posted April 3, 2004 I can't believe anyone would actually admit to their stupidity in that they have driven drunk and in addition to that are looking for ways to avoid the legal repercussions in the future.Your sister isn't a lawyer, if you plan to break the law without regard for the safety of others then I'd recommend you at least consult with an attorney to inform you of what rights you may have. obviously you didnt read my post correctly. I am not debating drunk driving. I am asking for my RIGHTS which are given to me by the Constitution of the United States of America. I am intitled to know these rights ya know? Link to comment Share on other sites More sharing options...
Fred Derf Veteran Posted April 3, 2004 Veteran Share Posted April 3, 2004 obviously you didnt read my post correctly. I am not debating drunk driving. I am asking for my RIGHTS which are given to me by the Constitution of the United States of America. I am intitled to know these rights ya know? I have the RIGHT to drink a few beers and then get behind the wheel and put OTHER lives in danger. Link to comment Share on other sites More sharing options...
rumbleph1$h Posted April 3, 2004 Share Posted April 3, 2004 got this off of an attorney's website: "Contrary to common misunderstanding, refusing the submit to field testing will not result in the suspension of your driving privileges. The biggest drawback of refusing these tests is that the prosecutor will argue that you refused out of a "consciousness of guilt." The prosecutor will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them." "The other major drawback to refusing field testing is that the officer will probably arrest you right away. Usually, this just speeds up the inevitable. The officer might also threaten that if you don't take the tests, you will be booked into jail. If threatened, generally it is okay to do them, just let the officer know that you are cooperating out of respect for him/her and politeness, and that you are doing so under protest. That way, your DUI attorney can later make a motion to suppress the tests because they lacked your voluntary consent. Link to comment Share on other sites More sharing options...
Remote Posted April 3, 2004 Author Share Posted April 3, 2004 I have the RIGHT to drink a few beers and then get behind the wheel and put OTHER lives in danger. ...for the record. I have had a clean record of driving (parking ticket being the only blemish), not even been in an accedient in 8 years of driving. I would never put lives in danger by driving "drunk". As I said in my first post, I had 2 beers that night, and that could have been enough to put me over the limit, however, in no way did those 2 beers effect my driving.... ...back to the subject.... Link to comment Share on other sites More sharing options...
Remote Posted April 3, 2004 Author Share Posted April 3, 2004 got this off of an attorney's website: yea, read the same website, I posted that qoute a little bit up the thread, it was a good read. Link to comment Share on other sites More sharing options...
rumbleph1$h Posted April 3, 2004 Share Posted April 3, 2004 yea, read the same website, I posted that qoute a little bit up the thread, it was a good read. whoops, i missed that post :blush: Link to comment Share on other sites More sharing options...
Chode Posted April 3, 2004 Share Posted April 3, 2004 At least here in Australia.... If you refuse to take the test, and the officer suspects you to be intoxicated, you can be taken to the police station where you are required by law to take a sobriety test or charged with not co-operating with police. Link to comment Share on other sites More sharing options...
Remote Posted April 3, 2004 Author Share Posted April 3, 2004 At least here in Australia....If you refuse to take the test, and the officer suspects you to be intoxicated, you can be taken to the police station where you are required by law to take a sobriety test or charged with not co-operating with police. but which causes a harsher penilty? DUI or not co-operating? Link to comment Share on other sites More sharing options...
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