Re: [tips_and_tricks] Worth Fighting a DUI!
- Since there is already an attorney, as I understand it, the following
may be superfluous, as they don't listen to the unlearned, but may be
useful to some other.
All of the DUI statutes specify that a certain blood alcohol level
confirms impairment. These levels are based on experiments, many of
which I have reviewed. There is actually no experimentally shown
impairment at the .08 level which the MADD women have forced into law in
Secondly, blood alcohol level and impairment are not universally related
but depend on many factors such as age, gender, body fat, presence or
absence of food or other liquid, general physical health, etc. So, far
as I know, there are no regulations promulgated for any DUI statute
which inform anybody how to determine his or her blood alcohol level.
Therefore, it is impossible for a person to know what to do to comply
with this law, other than not drink alcoholic beverages at all, and
prohibition has been repealed ... or at least, we thought it had been.
- I'm a little confused about this case. I know that in the state I lived in
until my recent move, refusal to take the breath test got you an automatic
30 day license suspension, you didn't get convicted of DUI unless there was
some EVIDENCE of it. Why would the average person refuse to take the test
if merely refusing was grounds to convict you of DUI? That would be the
same as automatically being convicted of a crime if you take the 5th and if
that were the case, no one would take the 5th.
Unless I missed it, Steve didn't say what state his son is in so I can't
look it up, but I'd like to know in what state you are automatically
convicted of DUI if you refuse the test. Anybody know?
----- Original Message -----
From: Ed Siceloff
Sent: Friday, February 02, 2007 10:53 AM
Subject: Re: [tips_and_tricks] Worth Fighting a DUI!
Steve, first and foremost, your son is like a whole lot of people in this
country. He obeys the laws, possibly blissfully ignorant that they don't
even apply to him. He's one of the good guys. You as his father can be
proud of him. Maybe he's even better than most people.
- He was in Georgia. In most states now, refusing the BAC test gets you
an 'automatic' 1 year suspension (there are a few exceptions). It is
due to 'implied consent'. He got the DUI because, scared to death and
not allowed to make a phone call and given the impression that he could
be in jail for while, he went in a pleaded guilty to DUI when they had
nothing on him! He has a hearing this coming Tuesday and we expect the
judge to reject/reverse this guilty plea. But, even if the judge
dismissed all the DUI charges on the court side, there is the
administrative side run by the drivers license department which says
'you refuse our test and you lose your license (for a year)'.
> Unless I missed it, Steve didn't say what state his son is in so I can't
> look it up, but I'd like to know in what state you are automatically
> convicted of DUI if you refuse the test. Anybody know?
- North Carolina carries a penalty like this; automatic license
suspension for refusal to take a breathalyzer. I don't think it
carries the same weight as a DUI, but I'm not sure.