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Old 06-28-2008, 08:51 AM   #21
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Quote:
Originally Posted by andre3k View Post
dont say , dont blow, look at the floor and you're good to go. But I've posted this is the past befow
dude, you got mad rhyme skills!

Quote:
Originally Posted by JP171 View Post
also DKA will cause a positive for breatha-liar and depending on how bad the DKA is it can blow waaayy over the legal limit
Whats DKA? sorry, I'm ignant.
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Old 06-28-2008, 09:57 AM   #22
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andre is 100% correct.

and this should not be legal, incriminating yourself.
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Old 06-28-2008, 10:02 AM   #23
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DKA is Diabetic KetoAcidosis, happens when a diabetic doesn't take their insulin, and the ketones cause a positive reading from a breatha-liar
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Old 06-28-2008, 10:19 AM   #24
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Quote:
Originally Posted by andre3k View Post
dont say , dont blow, look at the floor and you're good to go. But I've posted this is the past before.
Thank you for the warning, sir.
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Old 06-28-2008, 10:48 AM   #25
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So how about stay home if you want to drink and leave the roads safer for everyone else...
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Old 06-28-2008, 11:32 AM   #26
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Quote:
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DKA is Diabetic KetoAcidosis, happens when a diabetic doesn't take their insulin, and the ketones cause a positive reading from a breatha-liar
I am not diabetic but I have had my Ketones set it off before on a job drug and alcohol testing on site. I was like hahaha...that's funny cause I don't even drink and I can't pass it. Lol.

Now an interesting thing, where would HIPPA fall into this blood test? Could it be argued that you were under the influence so any HIPPA document granting access to your record would be deemed unadmissable in court? Like a catch 22.
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Old 06-28-2008, 11:43 AM   #27
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[QUOTE=tiatool;1280401]
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Obviously NOT a lawyer there. Yeah don't blow if in doubt. BUT I can completely simplify the process and DONT DRINK AND DRIVE. See how easy that was?
Not a lawyer by any means. You're simplification of the process is correct to a degree--more simplified: IF IN DOUBT, DON'T DRIVE AND CALL YELLOW CAB
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Old 06-28-2008, 11:49 AM   #28
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[QUOTE=cdill35;1280396]
Quote:
Originally Posted by SoozieTTR View Post
Probably due to the insanely high accident and fatality rate on holidays. Basically you're going to jail anyway so BLOW.[/QUOTE]

Have u lost ur mind?

Yeah, a while ago

Perhaps I mispoke: If you refuse to take the breathlyzer, you are going to face a license suspension anyway. If the police are putting a no refusals policy into effect, and you refuse, (regardless of whether it be due to your feelings of your civil rights being violated or not), in the eyes of the law you're making yourself look like you're driving drunk. So, if you're not drunk blow, and if you are, sucks to be you. Again, to make it simple: DON'T BE A DUMBASS AND DRIVE DRUNK AND YOU WON'T HAVE TO WORRY ABOUT ANY OF THE AFOREMENTIONED CONSEQUENCES!!
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Old 06-28-2008, 03:35 PM   #29
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dude, you got mad rhyme skills!


, that's funny
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Old 06-29-2008, 01:58 AM   #30
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I think some of y'all missed the point of my post... which, BTW, IS meant to be helpful.

"No refusal weekend" means that if you decline to voluntarily provide your breath or blood, your blood will be taken via search warrant.




Two things to address...

1. The search warrant process will be quick, and your BAC will not have time to go down significantly.

2. When you obtain a driver's license, you give up the right to refuse blood being taken IN EXCHANGE FOR the privelledge to drive. Its like taking a job that requires a test periodically, as a condition of employement. Don't like it, don't work for that co.. OR... Don't like it, don't get a license.
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Old 06-29-2008, 03:17 AM   #31
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Quote:
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todd let me roll with you one night , im sure there will be some interesting people pulled over

+1....I wanna do a ride along...think of it as early learning experience for a future police officer.
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Old 06-29-2008, 03:19 AM   #32
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Quote:
Originally Posted by Pre-K View Post
I think some of y'all missed the point of my post... which, BTW, IS meant to be helpful.

"No refusal weekend" means that if you decline to voluntarily provide your breath or blood, your blood will be taken via search warrant.




Two things to address...

1. The search warrant process will be quick, and your BAC will not have time to go down significantly.

2. When you obtain a driver's license, you give up the right to refuse blood being taken IN EXCHANGE FOR the privelledge to drive. Its like taking a job that requires a test periodically, as a condition of employement. Don't like it, don't work for that co.. OR... Don't like it, don't get a license.
Yep. There isn't chit you or your lawyer can do for it. This is actually a good thing, sad it is only done on big days like New Years and 4th of July. Many DAs/Judges (one or the other, maybe both, not positive) work straight through the night extra hours to process the warrants almost instantly.
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Old 06-29-2008, 10:47 AM   #33
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the problem here is, the ends never justify the means. rights you give up in a time of crisis (drunk weekends) are that much harder to get back. this is bullshit.
and you license revocation can be immediately appealed.
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Old 06-29-2008, 12:06 PM   #34
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Death penalty for Drunk drivers. Lost friends because of stupid A$$ drunk drivers. Drink were you can stay or have a DD. If not I hope you die instead of innocent people. They have ruined my friends families and I know longer will see them again. So think before you get in a car and forbid you get on a bike.
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Old 06-29-2008, 12:13 PM   #35
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Quote:
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the problem here is, the ends never justify the means. rights you give up in a time of crisis (drunk weekends) are that much harder to get back. this is bullshit.
and you license revocation can be immediately appealed.



Saving lives isn't justified?

Explain that one, Socrates!
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Old 06-29-2008, 12:15 PM   #36
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+1....I wanna do a ride along...think of it as early learning experience for a future police officer.
Cool... you and Greg are welcome anytime!
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Old 06-29-2008, 01:00 PM   #37
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Quote:
Originally Posted by Gringo3825 View Post
Death penalty for Drunk drivers. Lost friends because of stupid A$$ drunk drivers. Drink were you can stay or have a DD. If not I hope you die instead of innocent people. They have ruined my friends families and I know longer will see them again. So think before you get in a car and forbid you get on a bike.
Werd to that...and yes, if a person harms, maims, or kills someone because of their driving drunk, harsh penalties. But Death Penalty for all drunk drivers? I am empathetic to you and all others effected by loss due to alcohol related incidents, but that seems a bit "cruel and unusual". Just my .02
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Old 06-29-2008, 01:28 PM   #38
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Quote:
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Saving lives isn't justified?

Explain that one, Socrates!
+10000 The mentality of "it's a violation of my rights" is justifiable by those who drive drunk. The ALR appeal doesn't happen overnight, and there's more to just saying "I wasn't drunk". They will subpoena the arresting officers. Just some reading:



Texas Implied Consent Statute (Texas Transportation Code 724)
This law basically states that each person who operates a motor vehicle on Texas roadways has impliedly agreed that he or she will provide a breath or blood specimen upon a proper request by a police officer if the driver is ever arrested for DWI and provided with the legal consequences of refusing or failing a breath or blood test

Peace officers are now required to take possession of any Texas license issued by this state and held by the person arrested and issue the person a temporary driving permit that expires on the 41st day after the date of issuance.
Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against him until the Department of Public Safety proves by a preponderance (majority) of the evidence at the hearing, that:
1) that there was reasonable suspicion to stop or probable cause to arrest the driver; Good luck proving there wasnt
2) that probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
If in court the officer says he smelled alcohol, its probable cause
3) that the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test; and,
4) that the driver refused to give a specimen on request of the officer,
OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.
If you refuse, the last two are then proven

Refusal Case (Trans. Code 724.035 (a-b))
1.180 days with no alcohol or drug related "enforcement contacts" listed on driving record within ten years prior to date of the offense.

2. Two years with 1 or more alcohol or drug related "enforcement contacts" listed on driving record prior to date of offense within ten years of date of the offense.



Good luck!
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Old 06-29-2008, 01:39 PM   #39
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Yep. Many people think what they are is something new but from my understanding this has been in the law for many years it's just that on these nights they have a DA/judge on call to issue the warrant almost instantly, whereas normally it would take several hours, upon which your BAC would drop significantly.
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Old 06-29-2008, 01:47 PM   #40
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If you don't want your civil rights "violated" don't drive fukked up...

The majority of people here understand, but for those that don't... my signature says "PROFESSIONAL BABYSITTER" for a reason.
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