Buck Hollow Sporting Goods - click or touch to visit their website Midwest Habitat Company

DUI or OWI questions

Hardcorehunter

Hardcorehunter

UL Shelter/Stove Geek
1st of all, I don't condone or approve of drinking and driving. I have done it in my past and although not proud of it, I think that many of us have, whether we want to admit it or not. With that, I have a question or comment that a buddy and I were talking the other day. If you KNOW you are legally drunk and get pulled over by law enforcement; why submit to breath tests, blood, or sobriety tests? Why not refuse to submit and lose your license for an additional 6 months ( or whatever extra penalty your state gives you), and have NO DUI CONVICTION on your record? A DUI bans you from going to Canada, is on your record forever, and can basically ruin your life for quite some time. To me, it seems one is better off to have a refusal to submit on ones' record than a conviction of DUI. Maybe law enforcement, insurance agents, or other knowledgeable individuals on this site can tell me more facts. I understand that by refusing to submit, the individual is barred from a work permit. This seems to be the ONLY disadvantage.
 
I'll be the first to admit that I got one when I was 21 years old. I blew .08, which is still the legal limit, but it was "officers discretion". It was in the state of Arkansas, and if I were to refuse the test, it would have been 30 days in jail, 12 months suspended license. Now maybe in the long run, that would have been better on the record (which I got cleared by a lawyer, but dang it's expensive), but I don't know many that can go 12 months without a license, they have to get to work. If you refuse to take the test, you can't get a hardship license, there for, really screwed.
 
Yea, that additional 6 months, beside the 1st six months, all of which you will have no work permit is a big deterrent. A guys' wife would probably have had it with toting his arse around by the time the 12 months was over. I just had a client of mines two sons in IA get OWI's within a week of each other. She quoted me $68.00 a month for mandatory breath machine in vehicle for school or work permit,$200 installation fee of the machine in the car, a substance abuse evalution they had to pay for, drunk driving school they had to pay for, and $96 for two days in jail. Not to mention SR22 insurance, and the high rates that follow one for 5 years after, and never being allowed in Canada. I personally think the jails are too full to hold a person in the jail systems nowadays for 30 days because they refused to submit, but I may be wrong. I would like to know how an auto insurance provider treats a refusal to submit, once the clients' license is reinstated.
 
The Canada thing is a crap shoot. I go to Canada yearly with guys with DWI's and it's hit or miss if they get in. They've got through with no problems one year only to have a huge headache the next. I think it depends on the border guards. I've seen guys sitting at the border waiting for imigration officers to show up due to a 20 year old littering ticket. Just my $.02 on the Canada issue.
 
Yea, I have known of friends of mine that have travelled to the border and have one of the bunch told to stay on the US side because of a DUI, while the others go on their bearhunt. My wife went to banking school in Denver for two months back in July and August of this year. While she was in school, I met a fellow lady classmate of hers in her 50's that went with her to school. This gals husband called one night and had gotten an OWI while riding his harley with a bunch of guys barhopping. They planned on retiring in Canada and they spend every holiday there as this is where her parents live. They are currently trying to get a pardon from the prime minister as he can't go there now.
 
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: THA4</div><div class="ubbcode-body">dont drink and drive
the end </div></div>
Great input. I learned alot about the question I posted. /forum/images/%%GRAEMLIN_URL%%/wink.gif I am not asking for a morality lecture; just curious as to the question I posted. Thanks. /forum/images/%%GRAEMLIN_URL%%/grin.gif
 
as a deputy in wisconsin i can tell you a few things. first if you refuse you automatically lose your driving privledge for a year. plus there is only one thing in law enforcement that you have to blow for or have the oportunity to refuse and that is for owi/dui.that is excluding your rights cuz you dont have the right to remain silent until after you get the paperwork done. the right to remain silent goes into effect after. it goes on your record as a refusal so inusrance companies know that you got stopped for dwi/owi even if it doesnt say that. better off taking the test or as hardcore said get a driver...not worth the headache its gonna cause you in the long run
 
Of course; most of us have heard this story in one version or another over the years:Quote from a guy telling me this story and says it is true:


If you want to be drunk and beat a DWI conviction, do what a buddy did years back.
He was drinking and driving and he knew he was drunk when the blue lights came on.
He was returning home from a Guard weekend.

He pulled over to the side of the road, closed his windows and locked all his doors.
He took his keys out of the ignition and placed them on his dashboard in full view.

He then pulled out a bottle of Absolute vodka and started drinking away.
The local police ordered him out of the car but he refused.
A second police cruiser was requested on scene.
He never made eye contact with any of the police officers.
He kept swiggin' away at the vodka.

Finally they broke the glass on the driver's side and pulled him out.
They arrested him and towed his car.

At court he was convicted of disobeying a police office, drinking in a public place
among other things but they could not convict him of DWI.

Of course he has some bruises and it took a couple of "big ones" to ignore the police
but to him, it was all worth it.
End of quote.
 
I do not know anyone myself that has done thaat story above about locking the doors and start drinking, but it seems to make sense.
I do have a friend of mine that was told by his attorney that no one should refuse to submit; just refuse to submit until your lawyer is present. His lawyer states that in IA an individual has the right to have his attorney present when a sobriety test is performed. Of course the real reason one would do this is to give the alcohol content more time to get out of your system. He did just this and by the time his attorney showed up to be in presence of the tests, he passed.

My drinking and driving days are behind me as I am an old bass turd now, and I have matured, but these guys that know that they are legally drunk and then submit anyway seem stupid to me. It is like being on trial and admitting you did the crime; how does it benefit you? To me it seems better off to either refuse until lawyer is present or refuse altogether. I guess one could always carry a bottle of voldka in his vehicle. The best thing of course is to just not do it, but like I said, most of us that drink alcohol have drank and drove a few times in their lives. Hell, it is the only way to get home from the bar. /forum/images/%%GRAEMLIN_URL%%/grin.gif j/k. For the righteous ones ready to jump down my throat and say that I am promoting drinking and driving, I am not.
 
Although, not being allowed in Canada I have never heard of. Not saying it isn't true, just never heard of it from guys that go up there fishing. I had some friends go fishing last year, one of which had an OWI, and it cost him an extra 200 dollars to get past the border.
 
I didn't read through every post, sorry if I repeat, I have never had a dui or anything BUT my buddy is going through this- he refused and they brought him to the hospital and got a blood test, this was a couple months ago, took half hour to get blood test so I suppose % would maybe go down? He passed with like a .06% still tried to get him for an impaired but he fought and won.
 
Don't know about Mexico. From what Canadians tell me, the United States doesn't allow Canadians to cross the US border so Canada recipicates. Supposedly United States started it. Anybody know if this is true?
 
January 16th of 2006 Me, my cousin, and a friend of ours were heading home from the a friends birthday party. Drunk. My friend was driving his ford probe we were out on a gravel road screwing around ramping hills. My buddy lost control, hit the ditch and barrel rolled. Threw all 3 of us out of the car. Killed my buddy. Me and my cousin both had concussions and we both broke our left legs. It was very windy and cold that night. The minute i woke up i called 911. The operator asked where i was and i said i didnt know, then my phone died.My cousin could tell i was in bad shape and freezing because i had my coat off and couldnt find it. He somehow tore the carpet out of part of the car and started a fire for me. The helicopter didnt find us until 7 olcock the next morning. I guess there phone locator thing said we were in a whole different area. I dont remember what my body temperature was but they said i was lucky to not freeze to death. My friend who died didnt know he had a baby on the way. Shes a good healthy kid now and i see her a few times a week. Just a bad situation all the way around. I know we have all heard this a million times but, If your going to drink call a Cab. It makes things much easier on everyone. And u even help the poor cab driver out. /forum/images/%%GRAEMLIN_URL%%/smile.gif
 
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Hardcorehunter</div><div class="ubbcode-body">Don't know about Mexico. </div></div>

Just joking about Mexico, doubt they care if you have had one or not, your probably going to have one when you leave /forum/images/%%GRAEMLIN_URL%%/grin.gif.
 
I personally don't mind if people refuse. It makes the processing go alot faster. In my expierience the people that refuse either have gotten one before, or are doing it be di**s because they think it's going to break my heart if they don't blow. I even had one guy tell me he wasn't going to blow because he was "way too drunk to pass the breath test, but mark my words I'll see you in court" The dumbass was also apparently too drunk to remember watching me turn on the video equipment that was recording everything he said.

I've never known an advantage to having a test refusal on you record.
 
You must log in or register to reply here.
Top Bottom