[/reply] don't blow into anything or do any of the field sobriety tests!!!!!! it's self incrimination. you're gonna get arrested for a dui anyway (1/2 a night in jail before your court date 2-3 weeks later), don't give them any evidence to back up their claim that you were drunk/impaired at that particular moment. it will be alot easier to have the case dismissed (w/ a lawyer) if they have no evidence
[/reply]
I can actually verify that this is somewhat good advice --- IF and ONLY IF --- you happen to get pulled over and you not sure whether you are intoxicated or not.
Each state varies in the amount and terminology if DUI, DWI, or APC... as well as B.A.C. (Blood Alchohol Content) levels. The vast majority of states have moved to the .08 standard as the at which a person is intoxicated. However, there is a DWI which is driving while impaired and although you may not be beyond the .08 limit, the police officer SUBJECTIVELY determines that your ability is IMPAIRED enough to warrant your arrest and charge. The field sobriety tests given are extremely subjective as they are based upon a police officer's interpretation of how well a person performed a physical test. THEREFORE, it is best to forego ANY subjective tests! AS well... the field sobriety machines are not accurate enough (BUT a jury would believe it!) Therefore, it is better to forego (respectfully) any field sobriety test (including the HGN test) as well as any field breathalyzer.
However, if you are taken to the police station, you should submit to the Breathalyzer, for two reasons. First, if you refuse, your license will be AUTOMATICALLY revoked for one year (in the vast majority of states). Second, the breatalyzer results can be challenged. (E.g., was there a 30 minute deprivation period, was the machine properly calibrated, was a control sample conducted, was there any foreign obejct(s) in the person's mouth, was a second breath sample collected, etc...). THEN and VERY IMPORTANT, request a BLOOD SAMPLE to be drawn ( which is really the ONLY ACCURATE was to measure a person's B.A.C.).
TO answer your question.... a person's B.A.C. is dependent on the amount of alcohol consumed, the amount of time in which the alcohol is consumed, as well as, other factors such as the person's body mass, and sex (that is Male or Female, ya smartasses). The "average" 160 pound male could possibly consume three alcoholic drinks in an hour's time and still be under .08 B.A.C., beyond that amount and you will be at a tremendous risk.
SUFFICE IT TO SAY THOUGH... the best advice given thus far is... IF YOU DRINK (ANY AMOUNT) DO NOT PLAN ON DRIVING. You are much safer to yourself .... but more importantly... much safer to other people on the road!!!!
* This post has been modified
: 17 years ago