You do, but then you can't argue that you weren't drunk.
Yeah, that doesn't seem to make sense. I could refuse a brethalyzer right now. I haven't had a drink in a month. I'm clearly not drunk... but if a police officer decided I was his request/demand somehow matters more than any other circumstance in establishing truth? I don't think police get that kind of power.
Where they got the idea that Bullock was so gosh-darned likeable, I... dunno.
Indeed. Of all the characters on Deadwood, even up to and including Al, I found Bullock to be the least likeable. Al Swearengen got me to care about him even when I hated him. But I was pretty cold about Bullock all the way through: he was cold, impulsive and violent without much leavening of humor or humanity.
Legal tidbit from my friend the defense attorney: Never refuse the breathalyzer. You can fight the accuracy of the breathalyzer but refusing it outright makes the distinction of drunkenness purely legal by the police's estimation. You're legally drunk whether you're physically drunk or not.
I think it depends on the state you're in. I believe (but don't quote me) that in Ohio, the penatly for refusing the breathalyzer was a year's suspension on your license but that you could apply for a restricted license right away. If you were convicted of DUI, you would lose your license for that long but it would take longer to get a restricted license.
There was a couple of incidents where judges refused he breathalyzer. Or they demanded a blood test instead--knowing that by the time they got to the hospital and drew blood, their BAC would be low enough to get by. That way, it's not refusing a test--but rather asking for a more accurate reading.
It's horribly tricky. I hate the drop from .10 to .08 because I think it specifically targets casual drinkers and that the greater dangers have been from people WAAAY over the legal limit. It's splitting hairs. I know it's wrong to drive impaired but I've driven so sleepy I've almost fallen asleep at the wheel and I don't think I would have been arrested if I had been stopped.
You can refuse the breathalyzer in California. But you'll be arrested and then there is a blood test that you can't refuse.
It can be played a number of ways, but I have no idea how well any of them work. It is just one of your legal options.
Mostly what I learned from this case was, if you flee the scene, stay fled.
Legal tidbit from my friend the defense attorney: Never refuse the breathalyzer. You can fight the accuracy of the breathalyzer but refusing it outright makes the distinction of drunkenness purely legal by the police's estimation. You're legally drunk whether you're physically drunk or not.
I believe this is true in Illinois.
but if a police officer decided I was his request/demand somehow matters more than any other circumstance in establishing truth? I don't think police get that kind of power.
Legally, they absolutely do. Whether it is argued as a greater good thing or just something they can demand can be debated, but (in CA because I don't even know the laws for the state I live in, much less the whole country) they can request this and there is only so far you can refuse without incurring the penalties of failing a test.
It's horribly tricky. I hate the drop from .10 to .08 because I think it specifically targets casual drinkers and that the greater dangers have been from people WAAAY over the legal limit. It's splitting hairs. I know it's wrong to drive impaired but I've driven so sleepy I've almost fallen asleep at the wheel and I don't think I would have been arrested if I had been stopped.
This is where I find it to be ludicrous. Because I've driven stupid tired and really, at the time, not realized that I was a danger. Because I was sober, right?
Also, folks? Don`t drive drunk. Not even "just a little way." I peripherally witnessed a good friend (close enough I called him Grandpa) be killed by a drunk driver in a parking lot. If you drive drunk and harm someone or yourself I shall be very deeply miffed at you.
In CA, for an actual refusal (that is, of the intoxalizer at the station), you also lose your license for a year. Of course, this guy didn't seem to have a license, so that wouldn't have mattered.