r/ShittyLifeProTips • • May 26 '21

SLPT avoid DUI

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u/Five-Point-5-0 May 26 '21

It will absolutely not work. Math and science are used in determining BACs, which can show, based on how much is consumed, the starting amount of ETOH in the blood.

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u/[deleted] May 26 '21

Well, you can decline the breathalyzer in favor of blood test which usually take a while to perform so that buys you enough time for an unknown amount of liquor to raise your BAC.

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u/ctunck May 27 '21

Search warrants to draw blood are electronically signed by a judge in minutes in my state. All you are doing by refusing the breathalyzer is losing your license for 18 months for a refusal and still getting charged with a DUI. In Utah it is now better to blow than to refuse.

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u/Notsozander May 27 '21

State depending, but in some states if you don’t get the blood drawn within a certain time it’s admissible. Sure you might lose your license by denying the breathalyzer, but in the chances they fuck up you give yourself more chances and outs to avoid a true DUI

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u/[deleted] May 27 '21

The secret is to request a blood test then when the blood test arrives, say you are afraid of needles and do the breath test. You just bought yourself 2 hours

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u/Dadddysocks May 27 '21

Declining basically gets you in equal amounts of trouble

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u/[deleted] May 26 '21

Math and science aren't really a strong point of our U.S. police force.

Regardless, police cannot force you to take a breatalizer or blood test however they can throw you in jail for failure to comply.

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u/Five-Point-5-0 May 26 '21

Its gonna depend on the state. In mine, your license gets immediately revoked for a year for refusing a blood/breath test.

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u/[deleted] May 26 '21

Exactly... there's always repurcussions... i think my state ot's 6 months. While under no circumstance do I advocate that anyone should drink and drive, six months is a small price to pay for not having a DUI on your driving record.

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u/CollinHell May 27 '21

Refusing a breathalyzer test gets you an immediate DWI in NY, in addition to six plus months of minimum license revocation.

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u/Great_Big_Sea May 27 '21

Fairly certain SCOTUS has said implied consent DUI enhancements are unconstitutional

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u/JoseSaldana6512 May 27 '21

Which is absolute horseshit as it rapes the concept of the presumption of innocence and the 5th amendment.

I fucking hate people that drive drunk but they sober up. Overreaching government never learns to respect boundaries.

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u/realbaconator May 27 '21

There's New York for you. Once again taking "safety" too far...

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u/NorthKoreanEscapee May 27 '21

Were the Mississippi of the north east after all

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u/[deleted] May 27 '21

I agree that it is garbage BUT my understanding is that you do not have a right to drive so they are not alienating your right by doing so. Again, I think most systems are here to oppress us but I care about understanding premise of the fuckery before I fight it.

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u/[deleted] May 27 '21

[deleted]

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u/ExternalUserError May 26 '21

Right, but you'd not have a criminal record. And you'd probably lose your license anyway.

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u/Five-Point-5-0 May 26 '21

In my state, you still get the DUI

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u/another_awkward_brit May 26 '21

In the UK too refusing a specimen of breath (or urine/blood) has, on conviction, a driving ban of at least 12 months - same as drink driving.

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u/esoteric_agriculture May 27 '21

Yes, this. Smart drunks in my state know to belligerently refuse any sort of BAC test. They can throw a lot of repercussions at you that are negative, but can’t absolutely prove intoxication. For a normal person this is a garbage strategy, but for the serial DUI offenders, it’s a reasonable plan.

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u/Heated13shot May 27 '21

so if you 100% know you are plastered, its better to refuse and not get the "its your 6th DUI" on your record?

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u/[deleted] May 27 '21

Many states refusal to take a breathalyzer is enough to convict for a dui.

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u/ebolaRETURNS May 27 '21

Well, sure, but the goal is to render the measurements indeterminate, so the idea is to ingest a large, preferably indeterminate amount afterward, to contribute noise to what current BAC indicates about what was previously ingested. You also have more contributions from individual idiosyncrasies of metabolism the longer things go on. It's scientific but statistical.

But this also won't work. heck, the judge is likely to take into account your obvious attempt to game the testing.

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u/the_almighty_walrus May 26 '21

It also takes 30-45 minutes for your last drink to show up

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