Dwi

[gasyouup]

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i recently found out i have an immune disorder that puts me at a risk of neuro problems, ie vasculitis or aneurysms. i was depressed, and i went out and had too much to drink.
i ended up getting pulled over, obviously drunk, didn't comply with the officer, ended up they got a search warrent to take my blood (didn't even know they could do that, unless of course if you were in an accident), and i know i'll be over the limit, even hours later.
i just matched to prelim medicine and anesthesiology. how will this affect me?
it was a class B misdemeanor. i go to court in july, after i start my internship. btw, i still haven't applied for my medical license.
what should i do? i'm freaking out.... like i didn't have enough to worry about.

 

[silas2642]

I haven't even started med school yet, but if I were you I would get a lawyer and see if you can get those charges dropped.

 

[PainDr]

The first thing you should do is take a deep breath. The second thing you should do is hire a good attorney. Just thank your lucky stars that it was a misdemeanor and not a felony. A felony conviction makes one ineligible to obtain a medical license/practice medicine. A misdemeanor conviction usually isn't a problem. The most important thing however, is to avoid a conviction. Just because you were arrested and charged doesn't mean you'll be convicted. Since this is your first offense, your attorney may be able to persuade the judge to either drop the case or defer a conviction pending completion of probation. If this type of arrangement is offered you can request that, after the probationary period, the case be dropped and the incident expunged from your record. In this case, in the future, you will still have to report the arrest (if asked) but can honestly answer "no" to any questions about past convictions.

Regarding your internship/residency, if it were me, I would just suck it up and tell them. Do you really want something like that hanging over your head? Honesty is always the best policy and hopefully they'll understand. I don't think it will jeapordize your position. However, if you try to cover it up and they find out, now THAT'S a problem. It sounds like this just happened. Give yourself a few days to calm down and get the results of your blood test. Maybe you will be under the limit. If not, call your program director and request a meeting. Just tell them you were stopped for misdemeanor DWI and will go to court in July. Explain that you want to be completely honest and don't want any surprises. Just ask them point blank if the incident will affect your position. I seriously doubt it will. At least then, everyone will be on the same page and you can relax. Good luck.

 

[2Sexy4MedSchool]

I don't know what jurisdiction you are in, but I can tell you how this kind of case would be handled in California. The first issue is your blood alchohol level: was it under .08%, between .o8-.10%, or over .10%? That would be the basis the DA would use for deciding what kind of plea bargain to offer you. Once they calculate your BAC it will be up to your lawyer to present whatever evidence you have that might cast doubt on the validity of your test, i.e. the length of time between your driving and the blood draw, or how your illness might effect alcohol metabolism.

Assuming for the sake of argument that you can not beat the case, the next issue is damage control. If you were to enter a plea to any alchohol-related offense without priors or an accident involving an injury (in California) it will be a misdemeanor. You would be placed on probation for up to three years and you would have to comply with specific terms of probation: obey all laws, submit to an blood/breath test if requested by a peace officer, don't drive with any measurable amount of alchohol in your system, etc. Upon completion of the probation you would have the right to request an expungement of that conviction. However, that expungement is NOT total; while a public search would come up empty it would still be available to law enforcement and you would still be obligated to disclose the conviction on any request for a state (medical) license.

Bottom line: keep breathing, don't do anything drastic for a few days, and contact a criminal defense attorney in your jursidiction who has experience handling professional licensure issues. This is not the end of the world; I have known professionals (and pre-professionals) who have faced this and worse and who were able to get/keep their license. Take it seriously, be prepared to eat a lot of crow and you'll get through it too. Please feel free to PM me if you have any questions. Good luck.

 

[PainDr]

Just to clarify my statement regarding expungement. In the situation I described (this happened to a good friend), the conviction was deferred pending completion of probation. Upon completion, the case was dropped (therefore there was no conviction) and the arrest record was expunged. However, the arrest still has to be reported when applying for a medical license.

She recently applied for her state license. The arrest was reported and her license was granted, with no problems or delays in the process. The above poster is correct in that if there is an expunged conviction it must also be reported to state licensing boards.

 

[Smoke This]

Just for the sake of argument, why must you disclose an arrest, especially since an arrest by itself says nothing about criminal liability? Just the fact that you've been arrested before shouldn't be part of your legal history that's discoverable with a commercial background check, right? Do state medical boards ask about arrests specifically?

 

[dajimmers]

Hey, I'm just a lowly entering M1, so I really know nothing about this case, but I'm wondering if any of the rest of you think being somewhat proactive would help? As in, sign up for AA or other alcohol groups, start seeing a psychiatrist about the depression, or sell your car altogether (if feesible)?

I guess these may be things to ask the attorney. Good luck!

 

[2Sexy4MedSchool]

Just for the sake of argument, why must you disclose an arrest, especially since an arrest by itself says nothing about criminal liability? Just the fact that you've been arrested before shouldn't be part of your legal history that's discoverable with a commercial background check, right? Do state medical boards ask about arrests specifically?

No, it is very rare to be asked the question, "Have you been arrested for anything before?" for just that reason: the fact of an arrest, per se, means nothing. (The only times I've heard of a duty to disclose involved applying for government, political and/or law enforcement jobs.) I can't speak for medical boards, but there's no duty to disclose arrests for admission to the California or Missouri Bars.

Arrest records (as distinguished from convictions) are only visible to law enforcement; they are not public record visible to commercial background checks. As of 2002, arrest records were only visible to law enforcement in the same state as the arrest, e.g. an arrest in Florida would not show up on a check by California police. I can't speak for the current state of law enforcement technology.

Hey, I'm just a lowly entering M1, so I really know nothing about this case, but I'm wondering if any of the rest of you think being somewhat proactive would help? As in, sign up for AA or other alcohol groups, start seeing a psychiatrist about the depression, or sell your car altogether (if feasible)?

Selling the car would be overkill, but I think voluntarily getting started with AA, NA, and/or a shrink is a great idea; I have seen all of these recommended when it appeared the arrestee had a serious problem (such as a high BAC, priors or an acute psych issue.)

And for what it's worth, I will also be merely an M1 this fall; don't sell yourself short -- your instincts are very good.

 

[Radiohead]

I just finished my NC Resident Training license application, and they specificially asked whether I had been ACCUSED of DUI, not convicted.

 

[PainDr]

Regarding reporting arrests, I'm sure this will probably vary from state to state, but yes...when she applied for her state license she was required to disclose arrests as well as convictions.

 

[MoxieDO]

i recently found out i have an immune disorder that puts me at a risk of neuro problems, ie vasculitis or aneurysms. i was depressed, and i went out and had too much to drink.
i ended up getting pulled over, obviously drunk, didn't comply with the officer, ended up they got a search warrent to take my blood (didn't even know they could do that, unless of course if you were in an accident), and i know i'll be over the limit, even hours later.
i just matched to prelim medicine and anesthesiology. how will this affect me?
it was a class B misdemeanor. i go to court in july, after i start my internship. btw, i still haven't applied for my medical license.
what should i do? i'm freaking out.... like i didn't have enough to worry about.

you willingly drove drunk?? 😡 In that case, I have no sympathy for you, let the cards fall where they may.

 

[fun8stuff]

you willingly drove drunk?? 😡 In that case, I have no sympathy for you, let the cards fall where they may.

nice display of empathy. i am sure it will serve you well as a future physician. I can see you in the ER... "you mean, you willingly drove yourself at 100mph down the highway?! no wonder you smashed into the median. screw you! find another ER!"

not everybody's perfect... some people make mistakes. it doesn't help to scold someone after the fact.

 

[PainDr]

you willingly drove drunk?? In that case, I have no sympathy for you, let the cards fall where they may.

Well aren't you just a bundle of compassion! Don't be so judgemental, everyone makes mistakes. If you haven't made any of your own, it's only because you haven't really lived yet.

To the OP, regarding telling your training program, I suppose it would be ok to wait until you go to court and see how things pan out. However, when applying for your training license, you may be asked about arrests. In this case you won't have any choice in the matter...DO NOT try to cover anything up.

 

[user2]

Although MoxieDO's statement seems a little harsh...be aware that it is difficult to sympathize with drunk drivers if you personally know people who have been killed by them (I know 2). Please take that into consideration when you are critical of another person's response to drunk driving. Calling a cab or a friend is always an option.

 

[MoxieDO]

I have made many mistakes and have lived life fully (gosh, makes me sound like I am dead). BUT the one thing I will not do is put someone else's life in jepordy by driving drunk. There have been nights were I have willingly given my keys to someone else to drive for me or have had to call on a friend to pick me up. It is harsh, but wouldnt be harsher to wake up from a hangover to know that you have killed someone because you drove drunk. Get a grip, face reality...we all have problems but we still have a responsiblity to ourselves and to others. I have empathy and compassion, I understand he was probably going through a hard time, but he could have made a different decision, it was a choice. I do not think he should have his professional life suffer, as this was a one time event, but he should have to pay some sort of consequence for his chosen action.

In response to other criticisms:
As a physician, I will treat whoever walks through the doors regardless of who they are because, as a physician, that is what I believe is right and hope you would do the same.

 

[Shiny Demon]

i recently found out i have an immune disorder that puts me at a risk of neuro problems, ie vasculitis or aneurysms. i was depressed, and i went out and had too much to drink.
i ended up getting pulled over, obviously drunk, didn't comply with the officer, ended up they got a search warrent to take my blood (didn't even know they could do that, unless of course if you were in an accident), and i know i'll be over the limit, even hours later.
i just matched to prelim medicine and anesthesiology. how will this affect me?
it was a class B misdemeanor. i go to court in july, after i start my internship. btw, i still haven't applied for my medical license.
what should i do? i'm freaking out.... like i didn't have enough to worry about.

Your solution: starts with an 's', ends with an 'uicide'.

 

[MoxieDO]

nice display of empathy. i am sure it will serve you well as a future physician. I can see you in the ER... "you mean, you willingly drove yourself at 100mph down the highway?! no wonder you smashed into the median. screw you! find another ER!"

not everybody's perfect... some people make mistakes. it doesn't help to scold someone after the fact.

So, can I also make assumptions about what kind of doctor you will be too without knowing you?

 

[PainDr]

I have made many mistakes and have lived life fully (gosh, makes me sound like I am dead). I have also battled depression among other things. BUT the one thing I will not do is put someone else's life in jepordy by driving drunk. There have been nights were I have willingly given my keys to someone else to drive for me or have had to call on a friend to pick me up. It is harsh, but wouldnt be harsher to wake up from a hangover to know that you have killed someone because you drove drunk. Get a grip, face reality...we all have problems but we still have a responsiblity to ourselves and to others. I have empathy and compassion, I understand he was probably going through a hard time, but he could have made a different decision, it was a choice. As a physician, I will treat whoever walks through the doors regardless of who they are because as a physician that is what I believe is right and hope you would do the same.

"Have lived life fully"?!?!?! You haven't even started med school yet!

"Get a grip, face reality"?!?!?! The reality is that people make mistakes...maybe not the same mistakes you would/will make, but that doesn't give you the right to get on your soap box. The OP will have to pay for his/her mistake for many years to come.

Yes, you will treat whoever walks through the doors regardless of who they are or what they've done...we'll see how compassionate you are after you've spent a few years caring for the scumbags of the world. 🙄

 

[MoxieDO]

I have made many mistakes and have lived life fully (gosh, makes me sound like I am dead). I have also battled depression among other things. BUT the one thing I will not do is put someone else's life in jepordy by driving drunk. There have been nights were I have willingly given my keys to someone else to drive for me or have had to call on a friend to pick me up. It is harsh, but wouldnt be harsher to wake up from a hangover to know that you have killed someone because you drove drunk. Get a grip, face reality...we all have problems but we still have a responsiblity to ourselves and to others. I have empathy and compassion, I understand he was probably going through a hard time, but he could have made a different decision, it was a choice. As a physician, I will treat whoever walks through the doors regardless of who they are because as a physician that is what I believe is right and hope you would do the same.

"Have lived life fully"?!?!?! You haven't even started med school yet!

"Get a grip, face reality"?!?!?! The reality is that people make mistakes...maybe not the same mistakes you would/will make, but that doesn't give you the right to get on your soap box. The OP will have to pay for his/her mistake for many years to come.

Yes, you will treat whoever walks through the doors regardless of who they are or what they've done...we'll see how compassionate you are after you've spent a few years caring for the scumbags of the world. 🙄

I have lived quite nicely in my short 22yrs of life, I do not need to start med shool to start living. I am not on a soap box, I am just stating an opinion, just as you are above.🙄 and i might add that I have worked in various public health clinics and county hospitals and go to school in one of the poorest, high crime cities in the country...so add that to your soap box speech

 

[PainDr]

I have lived quite nicely in my short 22yrs of life, I do not need to start med shool to start living.

You are a shining example of the typical pretentious, idealistic and naive premed student. I know because I used to be just like you. 🙄

and i might add that I have worked in various public health clinics and county hospitals and go to school in one of the poorest, high crime cities in the country...

You think you have a clue...how quaint. Why don't you get back to us in a few years after you've really gotten your hands dirty.

 

[Smoke This]

Regarding reporting arrests, I'm sure this will probably vary from state to state, but yes...when she applied for her state license she was required to disclose arrests as well as convictions.

I wonder if they could still discover arrests if you didn't tell them. I'm skeptical that they could but I don't know the answer.

 

[Voodoo]

To the OP - get a lawyer, and a good one at that. It's worth spending the cash to get the best product in this case. Oh yeah, and don't do it again.

User2, while I understand that it's hard knowing person(s) that have been killed as a result of a DWI, bringing up personal stories in order to defend someone else's poorly thought-out response isn't particularly helpful. It kinda sounds like there isn't a pattern of behavior and this incident was the exception, not the rule.

To MoxieDO, with all due respect (and I truly mean that), you don't know a damn thing about what you are talking about. I can, however, see your point. I don't have a lot of tolerance for people who willingly put themselves in a position to harm others, but the OP was looking for help, not for reprimand (I'm sure s/he feels like total crap as it is). If you're serious about medicine, which it sounds like you are, and you are fortunate enough to have the opportunity to become a physician, you will take care of all kinds of people. Most will be greatful, but you're gonna have your share of people who will call you names, spit at you, cuss you out, etc (some of them while you are trying to sew them up). My point is, you can't just punch them while you're trying to help them or provide them with substandard care, either (and what you can do in such situations is beyond the scope of this reply). All you can do is realize that their situation dictates that behavior (e.g. intoxication, personality disorder, or the person is just an a$$hole), and regardless, you still have it better than them. Then you help them. You take all of your judgmental thoughts and secret desires to smother them with a pillow and you help them, because this is the profession you chose. I do see your point, however. I get angry when I have jerks for patients, too. I don't let them know it, and I deal with it on my own time.

It's not necessary to be so empathetic that you can't do anything because your are too busy empathizing all the time - that's not what I'm trying to say. I don't cry when my patients have bad outcomes or weep when I see a particularly beautiful sunset, if you know what I mean.

While I understand your point, it's misplaced in this particular venue.

Good luck to everyone here in their endeavors. It's totally worth it.

 

[PainDr]

I wonder if they could still discover arrests if you didn't tell them. I'm skeptical that they could but I don't know the answer

That is very dangerous territory. I know of another person who did try to hide his arrest. The state board somehow found out and really raked him over the coals. They said that withholding the information was the same as out right lying. He did eventually get his license, but there was a significant delay and it turned into a major ordeal.

Your medical license is your future. Don't mess around this these people. When I applied for my state license, they required finger prints and stated there would be a full criminal history check...through the FBI! However, I have friends applying in other states that didn't require finger prints.

 

[BobA]

You must get a lawyer.

Also, consider this a sign of early alcoholism.

. . and to the person who's throwing flames: alcoholism is a disease. Maybe you'll learn about it during medical school.

 

[OSUdoc08]

i recently found out i have an immune disorder that puts me at a risk of neuro problems, ie vasculitis or aneurysms. i was depressed, and i went out and had too much to drink.
i ended up getting pulled over, obviously drunk, didn't comply with the officer, ended up they got a search warrent to take my blood (didn't even know they could do that, unless of course if you were in an accident), and i know i'll be over the limit, even hours later.
i just matched to prelim medicine and anesthesiology. how will this affect me?
it was a class B misdemeanor. i go to court in july, after i start my internship. btw, i still haven't applied for my medical license.
what should i do? i'm freaking out.... like i didn't have enough to worry about.

Real smart.

 

[PoorMD]

thats better

 

[gasyouup]

i got a local lawyer, someone who knows me (i'm from a small town) and the judge.
to all the people who say i was dumb for not complying with the officer, i meant that i didn't take his roadside tests or the breathalyzer. i was very polite, but he didn't like that i was evading his Q's (but he did said later that i was being a dick, i assume b/c i didn't fess up immediately, even saying i had nothing to drink at all.
and i wasn't obviously drunk, that was my poor choice of words in the initial post, but i did reek of alcohol. i wasn't stumbling wasted.
i appreciate all the advice everyone has given me. i'm even considering going to psych to deal with both the immune disorder and the dwi. i can't sit here and wallow in my own self-pity. i gotta move on and right what i've done. maybe the karma will help me with my health.
on a brighter note, at least the headaches are gone!

 

[ShyRem]

gasyouup, it is very difficult to really have a grasp on your behavior when you are drunk (or even impaired). Believe me. Many people who think their behavior is just fine are absolutely appalled if they see a videotape of themselves in that situation.

And, BTW, lying to a cop is NEVER a good idea. EVER. And yes, by saying you had nothing to drink at all, that's LYING even if you only had one glass of wine. Lying to a cop just really pisses them off. It's disrespectful.

 

[fun8stuff]

gasyouup, it is very difficult to really have a grasp on your behavior when you are drunk (or even impaired). Believe me. Many people who think their behavior is just fine are absolutely appalled if they see a videotape of themselves in that situation.

And, BTW, lying to a cop is NEVER a good idea. EVER. And yes, by saying you had nothing to drink at all, that's LYING even if you only had one glass of wine. Lying to a cop just really pisses them off. It's disrespectful.

yeah, but it's not like it would have better to tell the truth in his situation. If he wouldn't have lied the cop and told him he had a few drinks the cop would have asked him to take a breathalizer and he would be in the same situation he is in now. You don't get punished any worse if you lie and get caught as opposed to fessing up right away. At least if you lie, you may get off.

 

[OSUdoc08]

yeah, but it's not like it would have better to tell the truth in his situation. If he wouldn't have lied the cop and told him he had a few drinks the cop would have asked him to take a breathalizer and he would be in the same situation he is in now. You don't get punished any worse if you lie and get caught as opposed to fessing up right away. At least if you lie, you may get off.

You are so far off.

I used to work for the police department.

The cop decides before he even pulls you over if he is in the mood to make an arrest.

If he has decided he is not in the mood, and you tell the truth, he will let you go.

If you lie to him, it's an automatic, "go directly to jail, do not pass go , do not collect $200."

Lying to a police officer is the WORST THING ANYONE COULD EVER DO. Even if you are guilty, a police officer can let you go if he is in a good mood.

 

[logos]

You are so far off.

I used to work for the police department.

The cop decides before he even pulls you over if he is in the mood to make an arrest.

If he has decided he is not in the mood, and you tell the truth, he will let you go.

If you lie to him, it's an automatic, "go directly to jail, do not pass go , do not collect $200."

Lying to a police officer is the WORST THING ANYONE COULD EVER DO. Even if you are guilty, a police officer can let you go if he is in a good mood.

Not likely to get let go from a DUI in this day and age...too politically incorrect....also raises some liability issues.

 

[OSUdoc08]

Not likely to get let go from a DUI in this day and age...too politically incorrect....also raises some liability issues.

The cops I am friends with let people that have had a few drinks drive home more often than not, especially if they are just college students.

Then again, I live in Texas/Oklahoma. It may be different in other areas.

(DUI in Texas is an underage drinker that has had anything to drink. DWI is an overage drinker that is intoxicated.)

 

[logos]

(DUI in Texas is an underage drinker that has had anything to drink. DWI is an overage drinker that is intoxicated.)

Ah...I was unaware of any difference...not sure if there is in ohio or not.

I was refering to the latter. I could definately see letting the former go.

 

[fun8stuff]

You are so far off.

I used to work for the police department.

The cop decides before he even pulls you over if he is in the mood to make an arrest.

If he has decided he is not in the mood, and you tell the truth, he will let you go.

If you lie to him, it's an automatic, "go directly to jail, do not pass go , do not collect $200."

Lying to a police officer is the WORST THING ANYONE COULD EVER DO. Even if you are guilty, a police officer can let you go if he is in a good mood.

This is highly variable depending who you get as a cop and if you are in a big vs. small city. One of my good friends is a "small town" cop and would do exactly as you say. The thing is, for everyone guy like him, there are at least 5 asses that don't give a **** and would love to haul your ass in. You don't have to do anything to piss them off because are automatically pissed over getting their ass beat everyday in elementary school and this is how they get back at the world. When they sense that you been drinking, their heart starts racing and they get an adrenaline rush over taking you in.

Back 20 years ago if you confessed you had too much to drink, the cops would more than likely give you a ride home and tell you not to do it again. It's not this way anymore in most places.

I don't mean this as an overall generalization, but I have too many cop buddies and have heard too many stories. Some of them are cool, others are pricks.

 

[fun8stuff]

The cops I am friends with let people that have had a few drinks drive home more often than not, especially if they are just college students.

Then again, I live in Texas/Oklahoma. It may be different in other areas.

(DUI in Texas is an underage drinker that has had anything to drink. DWI is an overage drinker that is intoxicated.)

So is it true that in Texas it is legal to have an open container of an alcoholic beverage in a moving vehicle, as long as the driver isn't over the legal limit (assuming everyone is of age)?

 

[beefballs]

Ah...I was unaware of any difference...not sure if there is in ohio or not.

I was refering to the latter. I could definately see letting the former go.

yep seen it happen leaving concerts in cleveland-the driver wasn't drunk (like 2 beers over 3 hours) and the rest of the passengers were, the cop checked us for drugs & anything illegal, asked the driver if he had been drinking driver told the truth, cop ran his info, took his time doing it on purpose I think, then let us go.

 

[OSUdoc08]

So is it true that in Texas it is legal to have an open container of an alcoholic beverage in a moving vehicle, as long as the driver isn't over the legal limit (assuming everyone is of age)?

It was true in Oklahoma up until this year.

I'm not sure what the law states in Texas.

 

[TX515]

driving with an open container in TX is a big no no. As far as the comments on getting things expunged, an arrest is an arrest and will always be on your state record. Even some arrests that happen out of state will appear on your DPS record. Receiving def adjudication is still a conviction, and your record will state def adj. Most people think when they receive def adjudication the arrest/conviction is wiped off their criminal history. This is not the case.

 

[Hawkeye Kid]

Lying to a police officer is the WORST THING ANYONE COULD EVER DO.

seriously? it would take me about 7 milliseconds to come up with a long list of things that are much worse. in fact, i can come up with several people that would fall ahead of a police officer on a list of people you shouldn't lie to.

to the OP: you f'ed up. you realize you f'ed up. whoever talked about damage control is right on, and it sounds like you're on the right path. you don't need to get this event erased from history, but you do need to take steps to minimize the negative effects that this will have. good luck.

 

[OSUdoc08]

seriously? it would take me about 7 milliseconds to come up with a long list of things that are much worse. in fact, i can come up with several people that would fall ahead of a police officer on a list of people you shouldn't lie to.

to the OP: you f'ed up. you realize you f'ed up. whoever talked about damage control is right on, and it sounds like you're on the right path. you don't need to get this event erased from history, but you do need to take steps to minimize the negative effects that this will have. good luck.

Way to take things out of context. The discussion was specifically about interaction with a cop.

 

[Hawkeye Kid]

Way to take things out of context. The discussion was specifically about INTERACTION WITH A COP.

Way to go on the defensive when I was only playing with you. Lighten up a bit, eh? Even still, I wouldn't agree with the statement that it's the worst thing you could do during your interaction said law enforcement officer. But this isn't a debate for here (or anywhere else, for that matter). In any event, sorry I ruffled your feathers, chapped your hide, etc. My only intent was to add some humor to an otherwise serious thread. Apparently I failed; hopefully it won't go on my transcript. 🙄

 

[Psycho Doctor]

Hey, I'm just a lowly entering M1, so I really know nothing about this case, but I'm wondering if any of the rest of you think being somewhat proactive would help? As in, sign up for AA or other alcohol groups, start seeing a psychiatrist about the depression, or sell your car altogether (if feesible)?

I guess these may be things to ask the attorney. Good luck!

I personally think being proactive is an excellent idea; they always like to see you admit guilt, be remorseful and taking an active responsibility to improve the situation so it won't happen again.

And I think PainDr and 2 sexy4medschool gave excellent responses.

 

[Psycho Doctor]

You are so far off.

I used to work for the police department.

The cop decides before he even pulls you over if he is in the mood to make an arrest.

If he has decided he is not in the mood, and you tell the truth, he will let you go.

If you lie to him, it's an automatic, "go directly to jail, do not pass go , do not collect $200."

Lying to a police officer is the WORST THING ANYONE COULD EVER DO. Even if you are guilty, a police officer can let you go if he is in a good mood.

and I always thought it depended on if they made their quota for tickets and arrests for the month 😛

I can't see why anyone would ever lie to a cop or even worse tell him off or be difficult; that just makes a bad situation even worse. The more compliant a person is the more likely the cop will let them off.

 

[Koil Gugliemi]

maybe one shouldn't lie to cops, but it can certainly be a smart idea to NOT do a breathalyzer and/or roadside sobriety. I mean why would you volunteer evidence against yourself? Let's say you're stupid and have 2 drinks in one hour and then get pulled over on your ride home. OK, maybe it's not smart to drive but I can see this happening. You're pulled over and the cop decides that you're gonna have a breathalyzer and/or sobriety. You know that you're probably over the limit. Best thing to do in my opinion is to say "no thanks" in a polite way. Don't say anything else when you get arrested and get a lawyer. When you're in court all they'll have for evidence against you is the cop saying that you "seemed" drunk. Lotsa reasonable doubt for a jury. In the OP's case the search warrant for blood screwed him/her, but in many places this won't happen and a good lawyer will get you off with no conviction.

 

[bjackrian]

maybe one shouldn't lie to cops, but it can certainly be a smart idea to NOT do a breathalyzer and/or roadside sobriety. I mean why would you volunteer evidence against yourself? Let's say you're stupid and have 2 drinks in one hour and then get pulled over on your ride home. OK, maybe it's not smart to drive but I can see this happening. You're pulled over and the cop decides that you're gonna have a breathalyzer and/or sobriety. You know that you're probably over the limit. Best thing to do in my opinion is to say "no thanks" in a polite way. Don't say anything else when you get arrested and get a lawyer. When you're in court all they'll have for evidence against you is the cop saying that you "seemed" drunk. Lotsa reasonable doubt for a jury. In the OP's case the search warrant for blood screwed him/her, but in many places this won't happen and a good lawyer will get you off with no conviction.

The problem with that (aside from the whole "you were driving drunk" thing) is that most states have an implied consent law. If you're driving a vehicle, you have implicitly given consent to a breathalyzer or blood test to determine your BAC. If you refuse, your driver's license can be taken way, and in some states, (Nevada, for example [PDF]), the police officer can use "reasonable force" to obtain the sample against your will.

 

[Psycho Doctor]

maybe one shouldn't lie to cops, but it can certainly be a smart idea to NOT do a breathalyzer and/or roadside sobriety. I mean why would you volunteer evidence against yourself? Let's say you're stupid and have 2 drinks in one hour and then get pulled over on your ride home. OK, maybe it's not smart to drive but I can see this happening. You're pulled over and the cop decides that you're gonna have a breathalyzer and/or sobriety. You know that you're probably over the limit. Best thing to do in my opinion is to say "no thanks" in a polite way. Don't say anything else when you get arrested and get a lawyer. When you're in court all they'll have for evidence against you is the cop saying that you "seemed" drunk. Lotsa reasonable doubt for a jury. In the OP's case the search warrant for blood screwed him/her, but in many places this won't happen and a good lawyer will get you off with no conviction.

can you actually refuse such a test? isn't this sort of admission of guilt? What other reason can you have for refusing?

edit: ok now reading the next post sort of is saying exactly what i was referring to....

The problem with that (aside from the whole "you were driving drunk" thing) is that most states have an implied consent law. If you're driving a vehicle, you have implicitly given consent to a breathalyzer or blood test to determine your BAC. If you refuse, your driver's license can be taken way, and in some states, (Nevada, for example [PDF]), the police officer can use "reasonable force" to obtain the sample against your will.

 

[OSUdoc08]

maybe one shouldn't lie to cops, but it can certainly be a smart idea to NOT do a breathalyzer and/or roadside sobriety. I mean why would you volunteer evidence against yourself? Let's say you're stupid and have 2 drinks in one hour and then get pulled over on your ride home. OK, maybe it's not smart to drive but I can see this happening. You're pulled over and the cop decides that you're gonna have a breathalyzer and/or sobriety. You know that you're probably over the limit. Best thing to do in my opinion is to say "no thanks" in a polite way. Don't say anything else when you get arrested and get a lawyer. When you're in court all they'll have for evidence against you is the cop saying that you "seemed" drunk. Lotsa reasonable doubt for a jury. In the OP's case the search warrant for blood screwed him/her, but in many places this won't happen and a good lawyer will get you off with no conviction.

Refusal to do a breathalyzer is an automatic DWI, with incidental arrest and impounding of your car, suspension of your driver's license, and no way to claim innocence.

That's a great idea.......

 

[Koil Gugliemi]

maybe in your state refusal = conviction, but not in mine. In fact in my state you can refuse, and the prosecuter etc can't bring it up in court. I think you do lose your license, but as I said you know your over the limit = conviction + suspended license instead of no conviction + loss of license. If you're over the limit, I still don't see any reason to blow evidence into their case so to speak.

I have a hard time believing that refusal would be an automatic conviction with no due process...sounds a bit on the unconstitutional side to me.

 

[OSUdoc08]

maybe in your state refusal = conviction, but not in mine. In fact in my state you can refuse, and the prosecuter etc can't bring it up in court. I think you do lose your license, but as I said you know your over the limit = conviction + suspended license instead of no conviction + loss of license. If you're over the limit, I still don't see any reason to blow evidence into their case so to speak.

I have a hard time believing that refusal would be an automatic conviction with no due process...sounds a bit on the unconstitutional side to me.

If you were a judge/jury, what would you think about someone who refuses a drug test, alcohol test, etc?

Obviously if you were innocent, you would have taken the test. It is just like an admission of guilt.

 

[bjackrian]

If you were a judge/jury, what would you think about someone who refuses a drug test, alcohol test, etc?

Obviously if you were innocent, you would have taken the test. It is just like an admission of guilt.

DUI is actually kind of a special case in that there are explicit laws giving the judge/jury the right to use refusal to take the test as an admission of guilt. I'm not sure how I feel about that. It brings back memories of someone refusing to answer the question "Are you now or have you ever been a member of the Communist Party?" At least as far as actual statements go, the Supreme Court has decided that the fifth amendment's guarantee of freedom from self-incrimination means that a suspect's silence can NOT be interpreted as evidence of guilt. DUI is a special case because driving is not a right, but a voluntary action, so you can give up some rights in exchange for the privilege to drive.