DWI?

[n8ball2013]

Y'all are missing the point. It's not about whether or not I agree or disagree with drunk driving. I am only pissed that we again have an officers violating our constitutional rights. It is not okay. If I have to be the only jackass that actually refuses to cooperate with officers like this, then so be it. I would never drive drunk, but for demonstrational purposes, if this had be me, I would have refused the breathalyzer test immediately. Implied consent doesn't apply to smoking cigarettes. All the cops had to do was use their head and they could have charged these guys LEGALLY.

If you refuse the breathalyzer you go down for booking and a blood test, in Michigan you get your licence automatically suspended for 6 months by making this choice.

Please, look up "implied consent" via google.

you know we should probably just quit arguing with you because you are probably a criminal justice freshman and after all you have that AP government class under your belt. You do know everything. except DUI laws or any of the actual circumstances that happened that night.

t

[OrionStang]

So AP Gov has made you a subject matter expert? Sorry Dylan, but if somebody calls the police about somebody driving drunk, its all the probable cause they need to breathalyze the driver. AND, I bet they only did OP's friend because he admitted to being the one who drove the truck to the gas station. They could have got them both for public intoxication. And yes, by refusing a breathalyzer, you admit guilt and will be taken in for blood draw.

Lets go further, you can be forced to give blood, does not violate your constitutional rights. But, they cannot force you to give a urine sample.

[IBleedMusick]

Y'all are missing the point. It's not about whether or not I agree or disagree with drunk driving. I am only pissed that we again have an officers violating our constitutional rights. It is not okay. If I have to be the only jackass that actually refuses to cooperate with officers like this, then so be it. I would never drive drunk, but for demonstrational purposes, if this had be me, I would have refused the breathalyzer test immediately. Implied consent doesn't apply to smoking cigarettes. All the cops had to do was use their head and they could have charged these guys LEGALLY.

If you refuse the breathalyzer you go down for booking and a blood test, in Michigan you get your licence automatically suspended for 6 months by making this choice.

Please, look up "implied consent" via google.

you know we should probably just quit arguing with you because you are probably a criminal justice freshman and after all you have that AP government class under your belt. You do know everything. except DUI laws or any of the actual circumstances that happened that night.

t

btw Google Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction).

I think you missed the part where he consented to the tests. Nothing was implied here, he admitted to being drunk and is only mad that he may get a Whiskey Tag.

[KC_Burban]

I am going to have to agree with Nate. Just thank your lucky stars that all you are getting is a whiskey tag. A DUI is not a good thing to carry around. they can really tear you apart, let alone the families of an accident caused because of intoxicated driving. Man up, dont fight it and be smarter next time.

[KillaCam]

I'm just gonna facepalm, go eat some chicken wings and then head out for my round of golf....

[Lbox88]

Its a small town, they do things different.

OP, my brother is a 3x offender of drunk driving. Be happy all you have is whiskey tags for a while. He has not had a license in over 4 years, is married, has 2 sons and a step son, and is trying to go through an apprenticeship to get his journeyman's license. They live with my parents, and he has to have our mom drive him to work and class every day. There is no guarantee that he will even get his license back after his 5 years is up. Take this as a lesson learned hard and move on.

EDIT: had wrong quote

[HatersGonnaHate]

^^^^

What Lbox said.

Be glad you got the tags and you're not dead instead.

Or kill anyone.

Tips for the future:

Quit drinking.

Quit driving.

Buy some nice walking shoes.

Quit worrying about the DUI tags.

It's that easy.

[NT_Hardcore]

just keep doing what you do, it seems to be working really well-

[Dylank811]

Currently failing with the number of opening vs. closing tags. If you care enough, I'm sure you can figure out who I am addressing in each statement.

Damn, y'all are really making me work for this one. What was violated? Hmm, how about the fact that an officer cannot just walk up and tell you to take a breathalyzer. It was this guy's stupidity for actually agreeing to take it. But I don't understand why officers do things like this just because they know that people will do it out of "respect" or the "because he told me to" syndrome. And okay, I suppose that was not an accusation, but it still seems peculiar to me that you would resort to name calling simply because I have a differing opinion. Yes, feel free to laugh at my AP Government class. It was hard as shit, but I definitely learned a lot about the law.

Secondly, I am not justifying what was done by pointing out the flaws in the officers' arrest. I actually do have knowledge of the law and that is why I started bitching about it on here in the first place. Probable cause is bullshit in this case. I'll go stand next to my car and smoke a cigarette next time I'm intoxicated and let's see how that holds up in court if I were to be arrested after refusing the breathalyzer test, which I would. I'm not here to make an officer's job easy.

Public intoxication would have been a more appropriate fit for the situation. This, I would agree with. But the fact is they weren't driving. I think both parties (drunkards and cops) here made some poor choices in their initial actions and how the chose to respond to the situation.

The driver made an unfortunate choice to agree to the test when he wasn't driving. The other guy is in the right to be pissed because, once again, a whiskey tag is being given for what? Standing outside a gas station smoking a cigarette. Are you kidding me?

The overall point being that I would just like to see our law enforcement going a little more by the book. Why does that make me ignorant? There is no denying that the officers' approach was not kosher. That was my only point. Maybe I could have said it in a way that would not have pissed others off. I guess now would also be a good time to say it's never wise to drink and drive. You would never have been in this situation. But I still say fight that shit.

[Dan2427]

You all are missing the point we fucked up, I'm willing to deal with the consequences of a DUI plate for one year. I was more or less asking if it's right for them to tag my truck? We rarely take my truck because windows are tinted illegally blue headlights flashy rims. We only take it when there are four or more ppl other wise we take his car I don't like drinking and driving I almost got us killed I still thank the man up stairs for that my two best friends and my sister were with me and my stupid ass. I honestly thought my buddy was sober we got to the bar at 9 30 and left at midnight I started drinking around 3 or 4 with my buddy from Fargo who I only see once or twice every 5 months. Which showed up on the breathalyzer for the 9 ish hours I was drinking. I thought Jayme was fine. But anyway sorry for the big debate I know we were wrong about driving we call a taxi but taxi service didn't answer. Probably because it was a weekday.