How to refuse an unlawful DUI forced Blood sample checkpoint

Good find. Thanks for sharing it. People have to know how to stand up for their rights.

you never have to submit to a Breathalyzer or a blood test, that would be considered self incrimination,but if you don`t submit to it your license will be suspended.

Someone ran into the back of my car and the police asked me to take a Breathalyzer, I refused because I didn`t cause the accident, my license was suspended for 6 months for refusing. I continued to drive on a suspended license because I felt that I didn`t do anything wrong to warrant a suspension. two months after the suspension ended I finally went and got my license back.

a reply to: Tardacus

But the breathalizer test proves that you've had nothing to drink...

That's why refusing it is illegal - it's assumed there's a reason for refusal (like blowing over the limit)

The guy handled it well, so did the cop.

I have yet to go through one of these checkpoints. A recorder is a must right now, if you do not have one get one. I have a voice and video recorder and I always have it on or at the ready when I am driving. I also carry the Constitution in full on my dashboard right there for all to see.

I must say that I really hate drunk drivers, throw the book at them when caught. However, I still think that there needs to be a reason to be pulled over in the first place.

I had attempted this and was fined. I took it to court and showed the video footage (since lost) and the Judge doubled my fine and added another hundred ontop and told me that the police have a right to ask for information concerning something that might endanger other people on the road, (They asked if I had been drinking, if I'd taken any drugs and a few other questions, all I refused to answer). The Judge told me that police are allowed to ask certain questions as long as they are doing so because they have reason to believe I have something to hide.

I appealed this time representing myself, and had the judgement over turned and luckily was let off the fine but still given a caution. THIS DOES NOT ALWAYS WORK. They'll either get you there or they will get you later. Needlessly challenging the police will make your life hell. It took me a year to get my judgement.

I have the free ACLU application on my Android that is downloaded from Google Play Store. It is basically a One Touch camera launcher, that can be preset to automatically send your video to the ACLU and then be reviewed for Civil Liberty Violations. There is also the option to One Touch save & send if you don't want it to automatically be sent at the end of recording. Phones are frequently being returned "wiped" after "Suspects" are arrested or detained (has happened to 2 friends on seperate occasions). A factory data reset can be done on any phone that I know of, without the use of a password. Some might video a LEO acting out of line just to find the video gone once they are released from detention.Please remember this can go both ways, Our phones hold a ton of info and can be seen as a way to gain incriminating info about crimes(even commited by others). Our right to privacy is becoming less and less a Right.

I say keeping a camera rolling during any interaction with Law Enforcement, can only be a good thing.

a reply to: Tardacus

In many states refusal to submit to a roadside breathalyzer test.. .will take you in custody to clinic for blood draw. So, its either or.

They do have to have reasonable assumptions you are dui. ..
They detain you based on that refusal to submit.. .and that they still believe you MAY be dui .. .and off you'll go for a blood draw[

This is an interesting topic and I personally would rather live in a world where one could drink at least 2 beers at dinner or somewhere and leave immediately with no fear whatsoever of a DUI. None! I've heard that a good gargle with listerine can get you a DUI. I'm not certain on that one but it wouldn't surprise me.

I know they have to draw the line somewhere but the line is drawn pretty tight right now. I don't have all the answers to the problem, I know loved ones of people who have been killed by drunk drivers that will never be seen again. You can't bring them back, nothing will.


What ends up happening like so many other avenues in life, the folks who could drink 2 beers and go about their way, they get a DUI lose their job, lose their house, loose their wife, lose the dog and the kids because they drunk two beers and drove home.

The other guy though that was starting on his 2nd 12 pack, no one saw him and got him stopped before he crashed and killed someone on the high way. Now, he's in more trouble than he can get out of in 2 years worth of Sundays. Why punish the hell out of the guy that drunk two beers? He could have easily made it home without issue. Is it more about bringing in revenue than actually keeping roads safe?

Is driving a right or a privilege?

In my opinion if you have one drink you should not drive it's not worth it.

What did I see the other day some state will allow you to have your license on your phone. What the heck your going to willingly hand your phone to a cop. NOT!! When you willing hand it to them so they can read it better they will take everything off it and being you willingly did it your screwed!!

a reply to: peter_kandra
The vids are from TN. Around here, near Smyrna, GA, these are done occasionally (usually around holidays) by Cobb County police. In Paulding County next door, it's usually the sheriffs and usually on the back roads between the two counties, and they are not a friendly bunch. GSP is stepping up their presence here lately too.

Who wants to go outside anymore. I'm sure the police will come to an understanding that they are wrong.

# the police state!

a reply to: TechUnique

Definitely know the laws in your state.
I'm a big believer in dash cams. Front, in the driver area, audio. Call it insurance.
By law, I have to tell the stormtrooper I'm recording.

If you are getting beat by orks and I see it, I'll definitely get you on the cam.

The law is broke. You're going to have to stand up for yourself or things will get worse. I don't mean know the correct way to get out of a checkpoint. I mean, go down and make a big stink. Get more people to fight just causes. Then go down there in force and make them comply. Not doing nothing only gave us what we have today. A #ing police state.

originally posted by: thesaneone
Is driving a right or a privilege?

Is riding a horse a privilege? You can get a DUI on it or a lawnmower, a bike...

In the UK the police need ot have just cause to pull you over. Mind you, the UK police are not law enforcers, so different mindset and culture.

I thought both the policeman and the driver in the first video were perfectly politie to each other. In the conversation the policemenan would have smelled alchohol had the driver been drinking. I wonder what would have happened if he could smell alcholol.

Regards

a reply to: FlyingFox

Is riding a horse a privilege? You can get a DUI on it or a lawnmower, a bike...

if your on a public hwy or public area yes you can, if your on your private land no.

a reply to: InverseLookingGlass

and loading onto a cloud, no deleting and no stopping it.

Seems to me that if you didn't get drunk and then drive, you wouldn't have to worry about this. I got two tickets for DUI many years ago and it actually helped me to quit going out to the bars all the time. I still have an occasional drink but I do not have all the hangovers anymore. That alone is a good reason to stop the drinking.

Just don't get drunk and drive, you can plan ahead if you are going out. I know that sometimes unexpected things happen, but just try to prepare for times like this. I never blamed the cops for giving me a ticket. In fact, I was the one with the distorted perception. I was not an alcoholic but was hooked on the social life and that is different. Of a kind relationships make you feel at home, question the direction you and your friends are going in if you are going out and getting drunk all the time. You may all need to look at your direction and slow the progression of getting into a stupor to have fun. Tyramines give you the good feeling, not the alcohol part. Now alcohol is a medicine that can unbalance things if too much is consumed, making you need more to remain normal. Don't let it take over your life.

Eat a piece of smoked fish or a little Kimchi, even some yogurt will help. A beer contains many nutrients you may need, this deficiency may be why you want to drink. I noticed I was lacking something if I didn't drink beer, but have researched possibilities and corrected the problem. Making many dietary adjustments at a time makes it impossible to know for sure which change actually stopped the deficiency. They used to say that there is a pork chop in every beer, but you cannot live on just porkchops.

a reply to: rickymouse

2nd DUI broke me, couldn't stand the thought of jail time. in my defense if there is any, the first was when i was 22 young and dumb. the second at 34 after my divorce, that was a rough time.