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DUI Loophole? Crazy! -- What could happen?
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Emm Teh
 
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DUI Loophole? Crazy! -- What could happen? - May 25, 2007, 07:07 AM

A guy called into Elliot in the Morning this morning and said that if you want to avoid a DUI you could do the following:

(Let me preface this by saying I in no way condone drunk driving! I've got a wife and 2 kids and haven't been to a bar in over a year and a half. I heard this and couldn't believe it -- we've got to discuss it.)

1.) Purchase a bottle of your favorite alcoholic beverage
2.) Keep unopened bottle in your vehicle at all times
3.) When pulled over (and you've been drinking - duh) crack your window, remove the keys from the ignition, drop them on the floorboard, the back seat, the passenger window, etc. Make sure the cop sees you open the unopened bottle and drink as much as you can.

Theory? There's no way for the cop to prove that you had anything to drink before you slammed your bottle.

Excuse? I have an alcohol problem and got so nervous I had to drink. It's a disease!

Would this really work?
Besides the original reason they had to pull you over (speeding, improper lane change, etc) what could you be ticketed for? Drunk in public?

I know we've got a few cops here so I figured it'd be a good place to ask.


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dDubyalicious
 
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May 25, 2007, 07:17 AM

You'd still be pulled over for "suspected Driving Under the Influence." Drinking more in front of the LEO would just add fuel to the fire. Then they'd have probable cause to administer the field sobriety test and probably take you to the station for a BAC test. Then my friend, have a good night in jail.


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Emm Teh
 
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May 25, 2007, 07:26 AM

Suspected is one thing, but without testing they'd have no way to prove that you had infact been drinking prior to being pulled over. At that point a FST would be moot because the officer would have seen you drinking. I'm sure you'd be hauled off to the cop shop for a stint but the question is, is the tickets you'd recieve and charges you'd face be better than having a DUI?

Another thing I thought of: If the cop tells you to stop what you're doing (while you're opening your bottle) and you continue to do it he could get you for obstruction of justice now too?


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Like a clown car on fire
 
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May 25, 2007, 07:32 AM

Nope, you could still be charged, still get locked up, still get convicted.. one can (rarely) be convicted of dwi even if they are officially not over the legal limit such as in the case of drugs, lightweight, etc. These charges are hard to get by a judge, but the drinking while getting pulled over stunt will basically ensure that the judge will throw the book at you... and then they'd probably throw in open container, reckless, parking illegally, etc., just for being a smartass.

The only way this would work is if the officer didn't witness you driving in a drunken manner, I've heard of a guy skipping a dwi charge like this. he drunkenly crashed car into tree, walked home and kept drinking there, when the officers went to find him, he met them with a beer in hand, they couldnt charge him for drunk driving.


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Chupathingy?
 
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May 25, 2007, 07:32 AM

So I'm going to try it now guys. Wish me luck!



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whats in your drink?
 
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May 25, 2007, 07:34 AM

Ive seen this tactic used. It takes major balls to do!

However it works well if done properly.

Keeping a lush off the road is not my intention. Laws are laws and this is one way around one.


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May 25, 2007, 07:39 AM

Alex we need some input sir. I do not support this at all. This guy has some major balls to do this
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Like a clown car on fire
 
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May 25, 2007, 07:42 AM

Also, remember, in this area, there are enough hospitals around that the officer could simply arrest you immediately and take you to get your blood sampled... It takes a while for alcohol to be absorbed into blood, so they can get an estimate of where you were before you started drinking while getting pulled over.

Worst case, they could probably charge you with refusing to (or interfering with) blow in the breathalyzer. The drinking in the car would interfere with the proper results. the penalty for refusing to blow is basically the same as DWI.

Drag, you really know someone who got away with this? in what state?


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whats in your drink?
 
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May 25, 2007, 07:50 AM

Back in the day I watched a guy hop out of his F- 150 and chug about half a bottle of Jack right in front of three or so Vienna cops. He was hammered berforehand. However they only could nail him for drinking in public since he was out of the truck when he did the dirink and, couldnt prove he wasnt sober before that


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May 25, 2007, 08:21 AM

If I was a cop, here is what I would do.

1) Give the person time to drink as much of the bottle as possible.

2) Charge them with whatever was appropriate for pulling them over.

3) Get back in my cruiser and wait for them to pull away.

4) Proceed to pull them over again. This time, for DUI/DWI. Completely witnessed by me (drinking, getting in the car, and driving). If I'm lucky I would have a dash camera that caught the whole process.


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Like a clown car on fire
 
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May 25, 2007, 08:25 AM

Bike4fun, you couldnt knowingly let them drive off drunk, you'd be putting him and public at risk, you and department would be liable.

he'd either have to be locked up for drunk in public or get a ride home... either way, car gets towed and impounded.


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May 25, 2007, 08:31 AM

Here's a better Idea:

If you get pulled over for drinking and driving..... Don't stop. Take off your seatbelt open the door and jump out. The cop will try to stop the car as it rolls away. you then run for it and hide in some bushes and call into 911 that your car was stolen. Don't forget your drink you need to do something to pass the time. When the cop leaves. Call a taxi and go home. Then fly to San Diego for a couple of weeks. If the police call you looking for you, flee to Mexico and open up a bar and build a wooden boat on the beach. There you can live happily with your new wife Isabella and your son Pedro.


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May 25, 2007, 08:32 AM

The LEOs should respond, but I think all that would have to be done is for the person to start the car. They would not actually have to drive it.


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whoa preppy......
 
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May 25, 2007, 08:32 AM

I know a trick that works better than all of those ideas combined.


Don't fucking drink and drive.


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Riding is like Sex. WEEE!
 
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May 25, 2007, 08:40 AM

Quote:
Originally Posted by Scot
I know a trick that works better than all of those ideas combined.


Don't fucking drink and drive.




But if you do follow my steps and learn the Mexican National Anthem. Now you too can wait in front of 7-11.


"Riding a race bike is an art - a thing that you do because you feel something inside."

"I don't like being famous - it is like a prison. And driving for Ferrari would make it far worse."

"I race to win. If I am on the bike or in a car it will always be the same."

"I'm Valentino Rossi. And I want to be a person, not an icon."

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