Prison and Jail

[Griffin (OP)]

I just wanted to add that I am not in anyway condoning drinking and driving or driving while impaired on anything. I think mine and deadcat cases are a lot different because we weren't impaired. I lost 6 friends in high school due to drunk driving and i only graduated with 100 people. My best friends dad killed someone(the father of a girl who went to school with us) while he was drunk driving.


I definitely think that dui's that aren't alcohol related should be a lot more black and white with less grey area. I mean you can get a dui for having bendryl in your system you took 3 days ago if you don't pass the roadside sobriety test. If you are tired or have any alcohol in your system (.01-.07) and fail the roadside test it is a DWAI which holds most of the same ramifications as a DUI but is considered a lesser charge.


It is stupid to think that everyone can stand on one foot and count to 20 with their eyes closed without swaying or counting to fast or slow. Everyone should try it and see if they pass I bet most people can't. The roadside test doesn''t tell if the person is impaired a lot of the time. Obviously if you are drunk you will fail it but most people can't pass it completely sober so there needs to be a better line drawn to dictate intoxication.

 They should test the fucking levels of drugs in your body when they do a blood sample instead of just seeing what is in your system. At least with pot you have to have a certain amount of the drug in your system to be considered impaired. For people who are everyday smokers they are most likely over that limit even if they haven't smoked in a few days. I know when I first got arrested the last day I smoked was november 16th 2013 and I didn't have a clean UA until mid-January. At least it is black in white instead of just if theres anything in your system otc or prescription in your blood and you fail the roadside test you get a DUI.

I think breathalyzers in cars is a good idea, it would help the mass incarceration going on in this country a bit and anything that helps with that I am all for.


Griffin

[Diacetylmorphinefiend]

My lawyer friend advised me to never consent to the roadside testing as it will only hurt you in court. Thankfully I have never gotten a DUI though I may have deserved o e a few times.

[Griffin (OP)]

What happens if you don't consent do they arrest/detain you until they can prove your intoxicated or not? I definitely wont be doing another one in my life because I can't pass it doesn't matter how clean and sober I am. Thanks for the info on that the more rights you know the less you can be harassed.


Griffin

[Bhoris]

Not to rub it in anyones face or anything but in almost 10 years of living the junkie life, I've never been to jail or caught a case in the U.S. No DUI, no nothing. The only time I've ever sat in a cell was at the Canadian border for "smuggling" a whopping 2 grams of weed. Paid a $500 fine and walked out after 6 hours in a holding cell. Yea, I'm a bad ass!

[Diacetylmorphinefiend]

What happens if you don't consent do they arrest/detain you until they can prove your intoxicated or not? I definitely wont be doing another one in my life because I can't pass it doesn't matter how clean and sober I am. Thanks for the info on that the more rights you know the less you can be harassed.


Griffin

Yes that's my understanding. If they have probable cause they will take you for a breathalyzer or blood test. If they don't then you will be let go. I do not believe there is any DMV penalty for refusing the roadside test like there is for refusing to blow.

[DeadCat]

What happens if you don't consent do they arrest/detain you until they can prove your intoxicated or not? I definitely wont be doing another one in my life because I can't pass it doesn't matter how clean and sober I am. Thanks for the info on that the more rights you know the less you can be harassed.


Griffin

Yes that's my understanding. If they have probable cause they will take you for a breathalyzer or blood test. If they don't then you will be let go. I do not believe there is any DMV penalty for refusing the roadside test like there is for refusing to blow.

In some states you can be focibly held down against your will for a blood draw, NJ I think.

BE CAREFUL what you asssume about these laws. They vary from state-to-state and change over time. I believe now most states give you a DL with "implied consent" attached to it, meaning if you refuse an actual test (not field sobriety test) you forfeit your DL for about a year and my still be charged with the DUI. However I STRONGLY suggest everyone check the  laws in their OWN STATE and any state they plan to drive in. Also some organizations like the ACLU have videos and FAQ sites about how to deal with police stops.

FYI- Police ARE allowed to lie to you so don't take anything they say at face value unless it is  direct command. I'm not even gonna make suggestons because it's important people get their facts right for their own situations.

[Diacetylmorphinefiend]

What happens if you don't consent do they arrest/detain you until they can prove your intoxicated or not? I definitely wont be doing another one in my life because I can't pass it doesn't matter how clean and sober I am. Thanks for the info on that the more rights you know the less you can be harassed.


Griffin

Yes that's my understanding. If they have probable cause they will take you for a breathalyzer or blood test. If they don't then you will be let go. I do not believe there is any DMV penalty for refusing the roadside test like there is for refusing to blow.

In some states you can be focibly held down against your will for a blood draw, NJ I think.

BE CAREFUL what you asssume about these laws. They vary from state-to-state and change over time. I believe now most states give you a DL with "implied consent" attached to it, meaning if you an actual test (npt field sobriety test) you forfeit your DL for about a year and my still be charged with the DUI. However I STRONGLY suggest everyone check the  laws in their OWN STATE and any state they pn to drive in. ALso some organizations like the ACLU have videos and FAQ sites about how to deal with police stops.

FYI- Police ARE allowed to lie to you so don't take anything they say at face value unless it is  direct command. I'm not even gonna make suggestons because it's important people get their facts right for their own situations.

Good points. The information I was told applies to Alabama.

I still can't believe OP got a DUI for prescribed methadone. Shit like that makes my head spin.

[Bhoris]

I still can't believe OP got a DUI for prescribed methadone. Shit like that makes my head spin.

The fact that is was Methadone isn't what surprises me as Methadone can and does get some people high and impair their driving. How is the law supposed to know whether or not you're someone who is opiate naive and get's high on Methadone or not? What surprises me is that he got a DUI 18 hours after he took his dose. That's what's insane!

[Sand and Water]

I still can't believe OP got a DUI for prescribed methadone. Shit like that makes my head spin.

The fact that is was Methadone isn't what surprises me as Methadone can and does get some people high and impair their driving. How is the law supposed to know whether or not you're someone who is opiate naive and get's high on Methadone or not? What surprises me is that he got a DUI 18 hours after he took his dose. That's what's insane!

See, this is why I think the criminal system is so screwy--whether it's his methadone, of someone else's Vicodin, MS Contin, Fent patch etc etc, there should be a way when blood is drawn for a possible DUI to have the levels measured by GC/MS.

Is it expensive & would we likely have to pay that cost?  Yes.  But, those accused could at least then get their records from the doctor or klinik and demonstrate their history with the "suspected" medication. That's a helluva lot cheaper than huge attorney fees and court costs with how it's done now. 

Another bonus is that I would think this would get a LOT of these cases dropped vs the complaint by prosecutors that the courts are flooded and back logged. People get to move on with their lives a lot faster too.  Everybody wins in my opinion.  Of course, this opinion is based on the presumption that there's no financial incentive(s) going on in our criminal justice system (being sarcastic here).

[Griffin (OP)]

Absolutely! It sucks they didn't tell me if I did not consent to the blood test or breathalyzer that I would get an immidiate 1 year suspension on my license. I told them I wanted the blood test after blowing zeros. I figured they would see that I only have methadone in my system and that they would test the levels in my blood to see how much was in my blood and be able to tell when I took it. But they don't and you can't redo it with the blood test. I am pretty sure once they get the positive or negative for any substances the blood is discarded.

There needs to be a line drawn like on drug tests for my probation they have a set amount that construes your urine as positive or negative. http://bresee.com/2013/05/01/denver-probation-8-panel-drug-alcohol-test/


That is how they test in colorado now that is the 8 panel test. I mean people should have some rights and the blood drawn should be tested better than just a normal drug test that just shows if drugs are in your system or not. On such a serious charge and a DUI is serious even though its a misdemeanor. I've already been turned down one job for having it as well as a manager position at my job which is a fast food pizza place. As well as it will be on my record for the rest of my life even if I do get it expunged after 3 years.

If the person doing the background check doesn't go through the state to do the background check which 99% don't because it is so much cheaper to get a background check from a company that offers a yearly rate instead of having to pay ($7?) for each one from the state and I believe the states records only shows charges that happened in that state. All of the other companies that offer background checks through the internet and everywhere else don't update that you got it expunged they only add the new charges. So basically deferred and expunged doesn't matter sense its been on the internet it will always be there.

My brother got assault on an officer, 2 possessions and a paraphenelia charge and got a 5 year deferred sentence. He was 21 at the time and the cops broke down a door where he was staying at with a few friends thinking there was a party going on and he just started fighting them. Then they tazed him and cuffed him hand and feet. They then pepper sprayed him and then beat the shit out of him with their batons to the point where he had bruises on his arms, back, head, everywhere. I have never seen someone so badly bruised. That all happened while he was already shackled and on the floor and not able to move or do anything. They just wanted to get him back because one got kicked in the nuts and one got punched in the face. The police brutality was uncalled for they are trained to take people down and detain them in the least violent way, but it was their word against his. Which of course they said the police were in the right.

He just completed that 5 year sentence so those charges are now sealed in the states records, but everywhere he applied to get a job were able to see it. Yeah he can say it was expunged but now he has a felony drug charge and a felony violent charge pop up every time he gets a background check done. Luckily I was able to plea mine down to misdemeanors so I only have felonies on my arrest record my arrest record shows 2 felonies and 4 misdemeanors. Does anyone know if your arrest record comes up on a background check?

 I think it does because when I was trying to get a house after getting out of jail before my case had been resolved. I was setting up interviews with people to get a house and before I had one with a lady. She did a background check on me and told me she didn't want some drug addict dealer living in her house along with another insult I can't think of.

I only have 3 misdemeanors but I have had a lot of trouble getting housing and employment because of it. In my eyes my charges are bullshit I know most people think that but getting a misdemeanor possession for having your medication in the wrong bottle. Having a misdemeanor DUI for taking your prescribed medication 18 hours before being arrested when the doctor prescribing said it doesn't impair my ability to drive. Domestic violence Harassment for calling my girlfriend to much while we were breaking up. Even though she was calling and texting me back I got the charge because I had no purpose or intent of actual conversation. If you don't believe me I will upload the police report. I just don't think what I did constitutes the punishment I have been given. I hope that things change because I like most people I know fear the police more than anything. I am more scared of police breaking into my house or shooting and killing me for doing anything than I am about some random psycho or burglar. They can pretty much get away with anything and do more crimes than your average citizen but aren't persecuted usually.

End rant sorry... talking about the police gets me riled up I have the utmost respect for the ones that are catching the real criminals like the murderers, pedophiles, and rapists but I feel like most contact we have with police is them just harassing or trying to get theit stats up so they can have a brand new car every year.




Griffin

[DeadCat]

That's a remarkable series of police abuses of power. I feel your pain man.

We've dumbed down so much in the US, even in my lifetime. Some people are just completely wired or conditined to worship "authority" without critcal thinking and see people as essentially "good" or "bad" and the "bad" ones must be beaten down and locked up to "protect" the good ones, when in fact our legals system is really about protectin wealth and making people toe the line when it comes to bend the knee to laws witten by lobbyists and out of fear and reactionary thinking.

I honestly feal that we are one financial crisis or "terrorist" attack away form losing the Bill of Rights completely (it's already watered down, especially post 9-11) and goons from Blackwater (or whatever they are called now) patrolling American streets like the did in Iraq, with licenses to "dispense summary justice" on sight. And we will be too busy posting selfis on Instagram to notice.

[Zoops]

Good advice anyone in our lifestyle - watch this.

https://www.youtube.com/embed/xu8PSjpTFOM

Helped me avoid trouble. And learn Spanish for God's sake. The Hispanics are your friends and protectors if you're White and speak it semi-fluently.

And keep your head down, don't ear hustle, and don't get up in anyone's business.

Ingratiate yourself with the old-timers, the old heads of your own race (I know that sounds fucked up but it's true). Old White dudes helped me out almost as much as the Hispanics did.

AND NEVER GAMBLE IN PRISON OVER CARDS OR WHATEVER! If you buy drugs, buy them outright, not on credit.

[robojunkie]

Old news but I'm sure there are new people here so 3-6 in state pen for federal synthesis charges under a backasswards deal so the feds wouldn't have to publicize shit and they could still get their pound of flesh outta me on an aggravated DUI charge.  Never actually been convicted of anything drugwise but possession, lol.

[widowmaker]

My lawyer friend advised me to never consent to the roadside testing as it will only hurt you in court. Thankfully I have never gotten a DUI though I may have deserved o e a few times.

In my state, simply having a license comes with "implied consent" to sobriety testing, so if you refuse to submit to a test, they take your license for a year. Not sure if that means you have to submit to roadside testing though. Field sobriety testing doesn't prove a DUI anyway, it just gives them probable cause to haul you in for the actual blood testing at a medical facility. Many "field sobriety tests" like the vertical nystagmus test are bullshit and wouldn't hold up in court if you get a good lawyer, but that does cost money.

[Chip]

click on me for the Aussie version of this

[Griffin (OP)]

Widowmaker is right, at least that is how things are in colorado. If you fail to give a breathalyzer or blood test then they automatically suspend you license for a year even if you don't get convicted or charged with anything. I saw a show the other day about a jail in the UK and they brought a guy in that had been out at a party, he blew under the limit. The cop thought he had just finished a drink so brought him into jail anyway to test him when they got there to see if his BAC went up.

They have a different measuring system than us. What they measured was like .35 or something and it had to around .45-.50 for it to be considered about the limit to drive. The guy passed the test when he got to the jail so they took him home. I thought that was bullshit because at the time he was driving he was under so it shouldn't matter if his level goes up because I doubt it go up by the time he got home if he had drank one before leaving. He wouldn't of been over the limit either way when he was driving unless his home was 30 minutes or more away.

I was hoping he would blow under and rub it in the cops face but he was nice, and the cop was embarrassed and offered him a ride home.