Vaping and breathalyzers

[Skeebo]

How?
And how many?

It's like 567.5231 deaths a year. I think the .5231 means they were decapitated but lived.

 

[Jwaterski]

567.5231? That's probably just the number of dui deaths in Florida for a year..

 

[Skeebo]

I am a girl. It would be exactly like middle school without boys.

You are forgetting about the male guards and broom closets.

 

[Haktuspit]

I think that you should examine that advice carefully before using it.

I mean I kind of already did analyzing the penalties between refusal and an actual DUI in my last post but this is from a law firm in East Providence, RI:

"If you refuse the Breathalyzer test requested by the police, your license and/or privilege to drive in Rhode Island and Providence Plantations will be automatically suspended after the arraignment but prior to any hearing or disposition of the matter on the merits. A breathalyzer refusal on your record is better than a dui on your record because a first offense refusal is a civil matter and a dui is a criminal cause of action."

Not sure why some people are finding this hard to believe, state laws are weird.

 

[Brewdawg1181]

I'd like to know how many Darwin awards that guy has won in his life. I bet he has enough awards to fill a closet, at least.

I think there's a limit of one true Darwin award per lifetime.
But yeah, I kind of doubt he ever got to his 30th birthday....this side of bars, anyway. Nice guy, but not the brightest.

But the guy at the roadblock? He's now a retired millionaire after starting and selling 2 companies. Creative and chronically lucky dude.

 

[stols001]

Nope! You can get one for "almost dying" if you are creative enough and/or accidents involving genitals, leading to the inability to reproduce! Then, you can go whole hog and die, and receive a second award.

I used to read that book yearly but I haven't in a while. IDK if anyone has become a "double winner" yet but it is totally POSSIBLE.

ARIZONA TIME OF COURSE. I don't know if that's Pacific or Mountain or what, right now,. No daylight savings.

So, its' ARIZONA time. A state where the drivers are so terrible, DUI enforcement is hardly NECESSARY.

Anna

 

[stols001]

Oh also yeah, I forgot about the guards. I would totally have corrupted (I am reformed, remember?) a bunch of them. I would get the things I want. I think in some states they used to allow marriage, like IN jails? You could be incarcerated and get married and go to the "conjugal visit room."

I always WONDERED about that room and what it might be like..... What you might catch. I mean, did they even hose it down between visits? What about the mattress?

I'm thinking the broom closet would be more sanitary. But I also wonder if a guard has ever married an inmate. You aren't supposed to fraternize. I bet it has happened at least ONCE though, surely, human nature being what it is?

I bet they take away your job though, and there is NO way I am marrying a deadbeat. LOL.

Anna

 

[Skeebo]

Oh also yeah, I forgot about the guards. I would totally have corrupted (I am reformed, remember?) a bunch of them. I would get the things I want. I think in some states they used to allow marriage, like IN jails? You could be incarcerated and get married and go to the "conjugal visit room."

I always WONDERED about that room and what it might be like..... What you might catch. I mean, did they even hose it down between visits? What about the mattress?

I'm thinking the broom closet would be more sanitary. But I also wonder if a guard has ever married an inmate. You aren't supposed to fraternize. I bet it has happened at least ONCE though, surely, human nature being what it is?

I bet they take away your job though, and there is NO way I am marrying a deadbeat. LOL.

Anna

After watching orange is the new black I often fantasized about impregnating a healthy Latina woman in handcuffs while skirting the edge of a cold war with a Russian grandmother. I admit, looking in the mirror can be difficult.

 

[ShamrockPat]

It's only been one day. We can't assume his is another abandoned thread yet. Most people are busy, especially this time of year.

Uncle, here's my thinking. After being a member of this forum with zero posts since 2013, this post after 2436 days says this must be something really really important

 

[Pigs]

There are random field sobriety checkpoints yeah. You are allowed to turn away, but not to make a U turn. Also, in most small towns (or even larger ones) there are ways to figure out where they are at. Usually, if you are drunk enough you don't think about that much, I'm guessing.

Anna

Our alcohol blood limit in NSW is 0.05 which is not enough to make anyone drunk - just a couple of drinks will put you over - so I don't risk any drinks before I drive. It's a bit of a police/nanny state here

 

[CMD-Ky]

Deleted

 

[AvaOrchid]

I was taught to always refuse a breathalyzer anyways, even if you're dead sober, by lawyers. Knowing that this is even possibly a concern only reinforces that logic.

Yeah that's exactly what you are supposed to do even if you are dead sober at least in the United States however it does mean that your license will be immediately suspended and you are likely to be arrested. That being said they'll have a hard time convincing anybody of your guilt in court. I do believe that the court can mandate that you have a blood test done though it has to be a judge it cannot be a police officer I'm a little rusty on my law I used to be up on it really strong but it's been awhile since I've had that inclination. Also none of that applies if you happen to be on any form of pretrial release or probation then it is immediately a violation of either if you refuse to do a breathalyzer

 

[Falconeer]

Well you know I've seen some changes in my 69 years - up until the 1960s in Scotland to get a drink on a Sunday you had to go to a hotel bar and SIGN THE REGISTER THAT YOU WERE A "BONA FIDE TRAVELLER" ie you had driven to the venue in the next parish and would be driving back. Unbelievable now!

In the late1960s my Dad was a Prison Governor and his pal was the Procurator Fiscal ( Scottish Term for a District Attorney/Public Prosecutor ) they used to meet up at the half way point between where they worked and have a few whiskies discussing the day's business, and then they'd drive home.

By the late 90s when we lived in Dunoon the Procurator Fiscal was done for drunk driving on New Years day.

Times change, when younger I have driven with a drink in me - would I do it now? Nope - I've only been drinking alcohol free IPA whether or not I had the car- for the last six weeks. The limit in Scotland now is that low that a pint of ordinary IPA will get you done.

Do I resent this - no I don't; these are different and better days in that respect.

I've actually only read this thread to see if indeed vaping would turn the crystals the wrong colour!

 

[AvaOrchid]

THIS IS A THING? No, no, this can't even be an urban legend. I'm sorry, I don't buy it. I have never heard of this defense before, although I have heard various sort of weird stuff about breath mints and work breathalyzers but even SO.

My kiddo had an interlock for 9 months (for driving on 16 hits of acid, but I don't believe they make an acid breathalyzer and it's more of a punitive thing ANYWAY.) He vaped through quite a bit of that time, maybe all of it. AND, you don't just breathalyze to start the engine any more, you also have to RANDOMLY blow if it lights up and honks at you AS you are driving. You only get so much time. I think the new ones are a bit unsafe.

I think "alcohol in my flavoring which has been mixed in my tank and has by now completely evaporated" is kind of a bogus defense, although it certainly is creative. I ALSO do not believe in something like a BARFIGHT causing broken teeth is gonna suddenly raise your alcohol to GOSH DON'T DRIVE especially if it was "I am going to get into a barfight now cuz it seems like good idea." Sorry, but I don't think one sort of casually loiters around after a barfight bleeding from the mouth until sober enough to drive home is like, the thought process.

I am a sober drunk and trust me, I know how we non sober "desperately seeking to not be drunk, or have some weird excuse" think like.

I also think the government would LOVE this defense too, as it would be one more reason to get rid of vaping, so for the love of God, you do the crime, ADMIT IT.

It's like when I realized I was gonna get a hair follicle test and I read up on it and I was like, "Well, I'm not going to boil my head in tar 7 times over the next week and repeatedly bleach it and color it and whatever."

THESE METHODS DO NOT WORK. Unless/until I see a reputable study PROVIN(G that vaping causes false BAC levels I am going to cry FOUL.

I am going to say also, at least in my state, refusing a breathalyzer does NOT buy you time, because you are immediately incarcerated and your vehicle impounded. So you only GET one phone call and you get to call your (sleeping) lawyer, or call someone to bail you out.

It's almost 2020. The world is no longer the kind and gentle place for the drunk or high driver that it used to be. Those days are long gone.

I am no fan of Uber, but anyone who can AFFORD to go out to drink in an establishment, can afford a freaking UBER. I'm not saying a crime won't be committed (as in the Uber driver might rob you or whatever) but YOU won't be facing legal charges, no ability to drive for a year or MORE while your case is disposed of as you face the dreaded Uber or even BUS to work every day, to pay your ever increasing LEGAL fees.

I done lived it with the kid, and it sucked, but BOY was I glad I was not HIM. His life was no playground.

If you are not drunk you should state to the police officer (if legal in your state most states it is) that you are recording/videotaping the conversation and then do that. Then, comply with the police officer's directions.

If you are not drunk, you will be fine. Lawyers have been challenging breathalyzers FOREVER. They don't win frequently because breathalyzers WORK.

Lawyers saying not to take one do so because they know they CANNOT fight the breathalyzer and they have a client they think is a habitual drunk driver.

Anna

Considering we have dozens of people who have been arrested and charged due to field tests of things like donut icing, kitty litter and my personal favorite sand (that's a local one) coming up positive for methamphetamine and ....... I wouldn't doubt it all if someone told me that they did a breathalyzer that came up positive for alcohol and they hadn't vaped use mouthwash or drank in 70 years. Let alone if they had done any of those things. All kinds of police field tests are notoriously bad. I don't know much about the interlock devices but I can't imagine they're much better. When I was taking crime scene technology in college we got to play around with a lot of those machines and the error level was astounding. Now we did not play with the interlock car device so I don't know anything about that but breathalyzers it doesn't take much at least 18 years ago it didn't. Technologies probably gone up since then but the judicial branch of our government isn't really really into proving people innocent so while probably 98% of people that would present that kind of argument are lying I'm definitely not going to dispute that there could be some people who weren't.

 

[Skeebo]

Uncle, here's my thinking. After being a member of this forum with zero posts since 2013, this post after 2436 days says this must be something really really important

Eggggzactly.

I use to moderate a divorce forum way back in 2006. (stop laughing) The uptick in membership always swelled on Friday nights... Once the hangover wore off new members wouldn't post again... until 9 months later when their mistake was born. The worst part of it all? They had to deal with my personality. I miss the old intrawebz.....

 

[stols001]

I think I might be dead if I had to moderate a DIVORCE forum HOLY CRAP. I mean my paying customers are FAR more than enough.... OY. What did you cover? How not to mess up the kids... Ooops, too late. How to inexpensively repair the kids? Who burned the prenup first and was it the only copy?

Adultery 101? I cannot begin to imagine or rather I CAN.

Look most DECENT like probation officers/installers of interlocks will inform you of potential false positive and tell you to stay away from AXE body cologne (that's just a general tip they are doing you as a favor. Iit doesn't actually set off the machine.)

if you want to get all paranoid and go "BUT some PERSON some PLACE like TOTALLY took a breathalyzer and it LIED cuz it was vape!!!!!!!!!"

I am afraid I am going to respond with a) our legal system sucks b) our legal system SUCKS c) probably close to 40% of folks on Death row either didn't do it, or there were mitigating factors.

THEY don't get to vape OR DRIVE, perhaps one could focus one's breathalyzer rage THERE and quit whining about "only 2 drinks before driving."

THAT is because 2 drinks is where DRIVING starts to get IMPAIRED. They do actually do studies on this stuff, and it's based in fairly reasonable fact for most people. Yeah, you could have super liver like me. But, most folks, 2 drinks. . If you wait a half hour admiring your date after your two drinks you can drive her home, and if you keep feeding her booze, probably BANG her. IS that not the holy grail?

I don't mean to get all MADD on your butts, and I really did a TON of drunk driving in my youth and did not get caught (I was oddly competent, the reverse of real life and when I metabolized alcohol I sort of smelled not like booze, but rotting flowers. I have been told this. I was pulled over 3 times for speeding drunk and never field sobriety tested ONCE. If I had, well, thing would have been different but I had the tolerance of a horse, I did not slur words, I was polite, I spoke nicely to the police officers and they let me go. I was never anxious (because I was drunk, most likely.)

I have not killed anyone (that I know of.) I am also not like PROUD.

My son was such a great driver it took him 16 hits of acid to hit some parked cars. Not proud of THAT moment either. Although if you gotta hit something, that's probably good. It's also a criminal mischief and damage and in AZ, a felony. My son was lucky enough to get it suspended until successfully completing probation which he was highly motivated to do.

He doesn't drink much and if out and about, calls an Uber.

All of you huffers and puffers about DRUNK DRIVING and NEVER taking the breathalyzer and how it's ALL WRONG.

NOPE. Sometimes, the cops get it right and seriously drunk driving is one of those "arenas."
Right now the biggest brohahah is how to "measure" impairment in MMJ users, and right now it's a blood test and functional demonstration of impairment, at least in my state. You have to be a "certified expert" to do it.

My son's first DUI (I don't consider it real, it was a random stop, he was driving home from the salt river and had red eyes cuz of the salt. His driving was FINE. He was naïve enough to mention "the card." Cop number 1 let him go, douch-y expert pulled him out and gave him field sobriety tests (4) until he failed by "not raising his knee exactly 5 inches only 4.5 inches."

So yeah, I was not looking forward to that one but the expert lost an eye when a hot (I assume that meant angry) Latina stilletoeed him in the EYE. He did not testify in court.

There were many things I was tempted to say, including "It's all fun and games ESPECIALLY when a ....... cop loses an eye," but I had to repeat EVERY time my son gloated (I would have too at his age) "Son, no one, and I mean NO ONE deserves to lose an eye." I didn't mean it at ALL and also, I sort of felt like I SHOULD say it. I will say that cop might be up with Hitler or someone when it came to "deserving bad things." Close, maybe. He was... I met him once and were I in stilettos he mighta been blind and he wouldn't be able to ID me either, I guess. I am kidding. Mostly.

What we reap,. we sow.

I did not get arrested for any DUIs. My fate was psych units and rehabs. I got sober. But I ALSO had to deal with, assist in paying for the kid's little acid crime, and send my kid to rehab because I was going to kill him if I had to deal with mushy 16 hit of acid head muster.. I girt mine, trust me. THE KID WA S HUGE PAIN.

I still think we need a system however imperfect to deal with this stuff. There are worse life injustices.

Also those of you THAT paranoid about driving should turn in your driver's license. And your man/woman card.

Anna

 

[Boscovlle]

Not gonna help. If you were drinking and driving, even though I did plenty of it back in the day, you should likely be convicted. Hey, I have loved ones, and am one (I'm told) myself. My attitude on the subject has changed a lot since I was a teen/20-something.

I had a customer, long ago in NC, that told me that he always kept a can of beer under his front seat. His plan was that if he was drinking, and got pulled over, he was gonna get out of the car and immediately down the whole beer in front of the cop. Then tell them that he only did it because he was nervous. He believed that he could then argue that he only drank that one beer, and because he drank it that fast, that's why he'd fail a breathalyzer. I have no idea if he ever got the opportunity to test his theory.

But I did have a friend in the 70's that did this: He'd been drinking, came upon a roadblock test. When he was about 2 cars from being checked, he began honking his horn furiously, and turned around, looking like he was annoyed at a car behind him doing the honking. He got waived through, so they could test the car behind him. He got away with it.

About 20 years ago my brother was involved in a accident in which he was drinking prior to the accident. Before the cops came he walked into a bar and had a couple of drinks. When the cops came they went into the bar and placed him under arrest for leaving the scene of an accident. No dwi/dui.