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re: Ole Miss: Two players arrested.
Posted on 1/22/15 at 2:30 pm to RebBearShark
Posted on 1/22/15 at 2:30 pm to RebBearShark
quote:
Implied consent? What the hell are you talking about? I'm over 21 and the legal limit is .08 giving me a right to drink a drive as long as I am not over the limit. That is the whole reason they ask you to take a breathalyzer (which is not legally required) or take a field sobriety test to judge whether they think you are over the limit or not. Me telling them that I had been drinking earlier gave them no right arrest me.
If he has reason to think you're intoxicated then it doesn't matter if you passed the test. You said yourself you were shitfaced. When you refuse the breathalyzer they can charge you with implied consent. Which is basically the same punishment as a DUI
7
Posted on 1/22/15 at 2:32 pm to BigOrangeBri
quote:
When you refuse the breathalyzer they can charge you with implied consent. Which is basically the same punishment as a DUI
What the frick are you talking about?
Posted on 1/22/15 at 2:33 pm to BigOrangeBri
Implied consent is for the office breathalyzer I believe.
Posted on 1/22/15 at 2:34 pm to BigOrangeBri
Yeah, that doesn't exist. Since he did the field sobriety test afterwards and passed, it doesn't matter.
Edit: Implied Consent laws do exist, but they don't do what you say they do.
Edit: Implied Consent laws do exist, but they don't do what you say they do.
This post was edited on 1/22/15 at 2:36 pm
Posted on 1/22/15 at 2:42 pm to BigOrangeBri
"Implied Consent
Mississippi law requires you to take a breath, blood, or urine test if you are arrested for a DUI. Mississippi’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence of alcohol, then you consent to taking a chemical test of your breath for the purpose of determining your blood alcohol content (BAC)."
I was never arrested so that isn't true. Like I said taking a breathalyzer is not legally required in MS. However, I do believe that if I had refused to take a field sobriety test also, then he would've arrested me on implied consent.
Mississippi law requires you to take a breath, blood, or urine test if you are arrested for a DUI. Mississippi’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence of alcohol, then you consent to taking a chemical test of your breath for the purpose of determining your blood alcohol content (BAC)."
I was never arrested so that isn't true. Like I said taking a breathalyzer is not legally required in MS. However, I do believe that if I had refused to take a field sobriety test also, then he would've arrested me on implied consent.
Posted on 1/22/15 at 3:15 pm to BigOrangeBri
quote:In Ms, it's called "DUI Refusal" when you refuse to take a breathalyzer. Implied consent is just the concept that if you drive on public roads then the consent is implied that you will comply with said laws, i.e., submit to a field sobriety and/or breathalyzer.
When you refuse the breathalyzer they can charge you with implied consent. Which is basically the same punishment as a DUI
DISCLAIMER: I am not a lawyer.
Posted on 1/22/15 at 6:53 pm to BigOrangeBri
(no message)
Posted on 1/22/15 at 6:58 pm to BigOrangeBri
quote:
If he has reason to think you're intoxicated then it doesn't matter if you passed the test. You said yourself you were shitfaced. When you refuse the breathalyzer they can charge you with implied consent. Which is basically the same punishment as a DUI
You can refuse breathalyzer and field sobriety. Yes you will be arrested but odds are you'd be arrested if you took them. Then they'd have evidence you were drinking. As long as you aren't falling down in front of them or their camera, refuse all tests and never tell them you were drinking. Answer no. The have to prove you were drunk. Get a lawyer. It will cost you some but less than a DUI. You'll get off every time.
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