quote:
My buddy just got a BUI last week. Never took the breathalyzer and it was a stupid field test. But they hauled him off because he refused the breathalyzer on account that he had 2 beers a while ago but was nervous about it peaking during the blow. Not sure what's gonn happen in court but we bailed him out of jail within a couple of hours and they never touched his license. Interested to see how it plays out with that shitty evidence, no breathalyzer, and a good attorney.

Don't know the specifics of the jurisdiction he was arrested in, but a lot Under-the-Influence laws state that a refusal to submit to a breathylzer is deemed an admission of guilt or otherwise change the burden of proof in favor of the prosecutor. That said, most such cases get plea deals - prosecutors generally don't want to waste their time with them.

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Posted by Boston Dawg

Hunger Games Failure

Member since Sep 2012

150 posts

Posted on 8/7/13 at 2:58 pm to FaCubeItches

OUI in January 2011, hitting snowbanks several times was kind of a giveaway to the cop that pulled me over. Told him I had only had a couple beers and then he when he flashed his light in the car and it revealed a bottle of Jack that had been partially consumed. 1 year probation, OUI school, mandatory 2 AA meetings, and now an absurd car insurance rate. Also put myself on life support a year ago by going a little crazy with booze at a party drinking myself to a .506 BAC, thank god my buddy called an ambulance when he noticed I was beyond just passed out drunk and my breathing was getting shallow. Needless to say I've ratcheted the partying down quite a bit.

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