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Never submit to a breathalyzer test. It is a warrantless search and unconstitutional unless consent is given. It also gives a prosecutor unearned information.
He was DRUNK. He was drunk every night. Every afternoon.
I reversed analyzed his day the night he was stopped, and I calculated based on his body weight, time when he started drinking, and his BAC (they drew blood, too, in addition to the breathalyzer), he'd consumed somewhere between 20-25 shots of whiskey.
Never submit to a breathalyzer test. It is a warrantless search and unconstitutional unless consent is given. It also gives a prosecutor unearned information.
Are you a lawyer? My husband went down that whole route, but, by the time he was done he had three DUI's and the only thing it got him was more time and at least $40,000 to his three lawyers since the DUI's were in NH, Maine, and VT. Sure it sounds good, but, when you are drunk the police will get you in the end or you spend a whole lot of cash that we didn't have. He got to keep his license much longer than if he didn't have a lawyer, but, it wouldn't have been much smarter for all of us if he stopped drinking.
Never submit to a breathalyzer test. It is a warrantless search and unconstitutional unless consent is given. It also gives a prosecutor unearned information.
Your information is not correct in the state of California. Acceptance of a driver's license is explicit consent to the test. Refusing it brings automatic lifting of the license.
No he stops at the liquor store by our house and brings it home. He never goes out to a bar. Always home, unless he is with me meeting my friends at a restaurant/bar.
Maybe there is a reason he's drinking alcoholically. A reason he may not even recognize. Some people drink like that just because they become accustomed to it and like the feeling alcohol produces. Others may have a more deep seated reason. I was a heavy drinker for years before I was diagnosed with apnea. I don't think it was the only reason I drank but without booze, I would have nights filled with insomnia and restless sleep (at best). Once I started CPAP therapy and could actually sleep through the night and wake up rested, the alcohol craving went away. Of course I'm oversimplifying things because by that time, drinking had become a learned behavior as well as a coping mechanism and once that's imprinted on your mind, it's hard to shake
Problems at home. problems at work, health problems.......yes, they're often used as excuses to validate drinking but sometimes one has to look at why and see if there might be an underlying reason. What may have started as self medication can easily become habit.
By hardcore alcoholic standards, 50 oz a week isn't all that excessive. By "normal" standards, it's way over the top and if left unchecked, the amount consumed will probably increase progressively over time....... and even if most organs aren't showing signs of distress, the alcohol is slowing turning his brain to mush.
I'm pretty sure most states have a law that allows you to refuse a breathalyzer test, but then automatically gives you jail time if you do, based on the cop's field sobriety tests.
Also, you should never have more than one legally-defined drink before driving. If you do, then you deserve to go to jail etc.
Never take the field sobriety tests either, for the same reason given above.
I suggest you steer clear of AA or any other 12 step program. The effectiveness is overrated and potential harm in their methodology is underrated.
I second Marlowe's suggestion regarding SMART recovery or Moderation Management. He may not want to quit altogether, at least not right now, so you are probably better off suggesting MM to start.
He's a big guy, so what he is drinking isn't having the same effect as it would on a smaller person. 5 drinks a day for him is probably what it takes to feel the effect that 3 would in a smaller person.
That said, a smaller person having three drinks a day may have a real problem, or it may be just habitual.
For him to be defensive and turn it back around to you sounds like it could be a real problem that could get worse. It also sounds like maybe you don't have the best relationship and that might need some work. Or he's just that kind of guy, who doesn't take criticism or blame well, and that is part of what is giving him so much stress at work...
Doesn't sound like he'd consider therapy or counseling of any kind.
Your information is not correct in the state of California. Acceptance of a driver's license is explicit consent to the test. Refusing it brings automatic lifting of the license.
My information is correct for the state of California. Yes, refusal to undergo a chemical test will result in a license suspension which can later be contested at an administrative hearing. That is irrelevant to the best course of protecting your rights and making the D.A. prove the case in the event of a DUI charge. Don't talk to the cops either, nor let them take your blood without a warrant. Best advice - don't drink and drive.
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