Warning: Little known "Driving While Impaired" law can put non-drinkers in slammer (Phoenix: eat, car)

[Fighter 1]

Originally Posted by R_Cowgirl

Apology accepted. I agree with all of that. I could write a book on how to avoid a ticket by doing all you state. I just hope that when I go to Christmas Eve Mass and take communion, I don't have to worry about THAT. If they even smell alcohol on your breath, they consider that enough to arrest now. THAT is a concern. One Tablespoon of communion wine could do that. So - everybody - go get yer Altoids!

We have a responsibility as US Citizens and Citizens of our respective states to pay attention and say something if things are getting out of whack. We have that right (so far) and if enough of us start saying, "Hey, wait a minute..." We may be able to keep things in check. We ARE part of the checks and balances system.

And, Observer, none of us disagree. The problem is that apparently isn't enough anymore. I never drink and drive. I used to type up the DUI accident reports and that was enough for me. Plus, I don't want to be on the road with idiots. But I also don't want to get nailed for being on the road 16 hours after taking cold medicine, or drinking a Club Soda with Bitters (which has a teensy bit of alcohol - 2-3 drops)...

Yes, we may be being a tad paranoid... but as the old joke goes, "Are you really paranoid if they are really after you?"

Well, anyway, I'm making a call to our Mayor's office in the morning to see what's what...

agree 100% thats why I have been pushing for people to stand up for their rights, but first they have to know what those right are, And as you state many don't know .

[Fighter 1]

Originally Posted by las vegas drunk

I would have been convicted, maybe not all of them, but most (if not all) of them. Being that I am a heavy drinker, I can pass all the field sobriety tests even if I am way over the limit, unlike most people. If I would have refused the field sobriety tests, I would have been arrested, and taken to the station where I would have been required to take the breath or blood test. There is no refusing those tests. They will hold you down and force you. I would have definitely failed them. In court, it is a 99% chance you will be convicted if you blow over the legal limit, especially if it is far over the limit. Then, even if you do win, you STILL lose your license because of the admin per se law. Bottom line is, the advice you were given is not good, cop or not.

has anyone heard of our Fifth amendment rights ???? you know rights against self incrimination ?? when you get stopped make them prove the wrong doing , demand a verified complaint .

[Fighter 1]

Originally Posted by las vegas drunk

I both Arizona and Nevada, you cannot refuse the breathalyzer. My friend tried that, and not only did he get the 1 year (instead of 90 days) suspension. They physically held him down and took blood from him against his will. In other words, they are going to get your BAC one way or another.

yep another case of a TITLE 42, 1983 CASE VIOLATION OF DUE PROCESS, AND TITLE 18 , 241 -242, Excessive use of authority under color of law . Just some of the information we all should know .

[las vegas drunk]

Originally Posted by Fighter 1

yep another case of a TITLE 42, 1983 CASE VIOLATION OF DUE PROCESS, AND TITLE 18 , 241 -242, Excessive use of authority under color of law . Just some of the information we all should know .

It may be, but they are doing it. When I got my DUI here in Vegas, they had a guy in front of me who refused the test. They had 5 or so correction officers pin him down and forcefully draw blood from him. Needless to say, I gave them my blood willingly.

[azriverfan.]

Originally Posted by Grannysroost

Yes dear...but everyone's tolerances are different and I know you know that...some can have adverse reactions to the most simple of meds and not know until it happens...now me with a high tolerance can swallow codeine and no effect other than an upset stomach or headache, same as Vicodin and Percocet...(caps on brand names doc), so I am literally screwed when comes to pain relief...but certainly would not drive regardless if in pain, because that could impair me....

You should be grateful this topic came up because you are under a very dangerous assumption that could harm you. What you don't know is that you may take several pills thinking you have developed some sort of tolerance because your pain isn't affected only to show up in the ER with pinpoint pupils and a respiratory rate of less than 10. And in that situation, you will be intubated and sent to the ICU. They are very different drugs. Opiates in high doses can cause central nervous system depression, respiratory depression, euphoria and hallucinations. There is a reason you need a prescription for narcotics and why they are controlled substances.

[R_Cowgirl]

Here's some info about what happens in AZ - looks like it was updated recently:
DUI in Arizona - DUI Phoenix - Arizona DUI Laws

In case anyone thought I was being Paranoid... read this, it will curl your hair.
And this is for the .08... but now they are applying these same rules to the "impaired to any degree" clause.

So, see what I meant about Arizona?

[Ponderosa]

Lock your asses up and throw away the key! If you are impaired to the slightest degree I don't want you playing roulette with my life. You deserve to be locked up. How can you argue you have a right to drive when impaired? You ought to be executed. We need the death penalty for alcoholic drivers. They are incorrigible and deserve to die. I'll flip the switch.

[azriverfan.]

Originally Posted by Ponderosa

Lock your asses up and throw away the key! If you are impaired to the slightest degree I don't want you playing roulette with my life. You deserve to be locked up. How can you argue you have a right to drive when impaired? You ought to be executed. We need the death penalty for alcoholic drivers. They are incorrigible and deserve to die. I'll flip the switch.

To be honest, sleep deprivation I think is almost even more dangerous at times than many substances. I can tell you this much, I'm grateful I didn't kill anyone, or drive into a tree when I was a resident leaving the hospital.

And if Granny or anyone else wants to hold doctors to the same standard that we hold patients, they have every right to do that (and should do that). After a call night, doctors either need to take a nap in the call room before they leave the hospital or call a cab to take them home instead of trying to do so some espresso shots and "winging it" after a 30 hour shift. I've been guilty of this myself. And yeah, I absolutely deserve to be criticized.

[Rick Lee]

Sorry folks. The 4th and 5th Amendments died long ago. Sobriety checkpoints were ruled Constitutional because (per Rehnquist's opinion) the state's compelling interest in safe roads overrides one's freedom from unreasonable search and seizure without probable cause. Hmmmm. I don't recall that 4th Amendment being qualified by "a compelling state interest." States have ignored the 5th Amendment by making it a "DMV administrative action", not a court action, to suspend your license for a year for refusing a breathalyzer. In some states, it's just an automatic one year suspension for refusal and they don't even try to convict you of DUI. In others, they can hold you down and take your blood. Unreal. Yuhr papuhz pleeze. But since you cannot refuse a breathalyzer and keep your license in any state, you might as well submit, depending on the state you're in.

In my case, I was in a state other than my state of residence and was reasonably sure they'd not report my refusal to my home state's DMV. Co-incidentally, my license just happened to be up for renewal at the time of my arrest. So, the day after my arrest, I went to renew my license, while I could still truthfully answer "no" to the question about my privileges having ever been suspended in any state, knowing it was gonna be at least three mos. before I had to be in court. I also requested a change in my license number, since it was then my SS# and you could request a random one. That helped keep my case from the other state from synch'ing up with my home state's DMV.

Anyway, the bottom line is, if you don't know your rights, you don't have any. Do not give the cops ANYTHING. Refuse everything and make them build their own case against you. I think most cops would agree with me here. In most states, exercising your rights (at least for now) can still not be used as evidence of criminal behavior. Keep asking if you're being detained or are free to go. Answer every question with silence or another question. Give them nothing. No one ever talked their way out of an arrest when a cop thought he had the goods on them.

[las vegas drunk]

Originally Posted by Ponderosa

Lock your asses up and throw away the key! If you are impaired to the slightest degree I don't want you playing roulette with my life. You deserve to be locked up. How can you argue you have a right to drive when impaired? You ought to be executed. We need the death penalty for alcoholic drivers. They are incorrigible and deserve to die. I'll flip the switch.

I know you are a smart guy from reading your other posts, so I have no idea why you would say such a thing. Anyone's driving is impaired to the slightest degree by....

1. Being tired

2. Being on a cell phone

3. Texting

4. Having passengers in the car, and talking to them.

5. Eating in the car.

6. Smoking a cigarette

7. Drinking any beverage containing caffeine.

8. etc

I guarantee you have, and continue doing at least one of these. Do you deserve the death penalty too then?