The right to refuse???????

[Nord]

Does anyone know the REAL answer to this????
If your pulled over in Az. in your boat or car, I've heard you have the right to refuse a field sobriety test, and a b.a.c test. Is this true? I'm not trying to find out how to get out of a DUI, but i've heard the conversation many times and want to know the REAL answer. ANYONE???? ANYONE???
If you do refuse, what are the consequences??

[welk2party]

My understanding is that you have the right to refuse a field test, but doing so obligates you to come down to the station for a blood or breath test.

[shadow]

I refuse to answer this question. :D
Boatcop would forsure be able to give some straight answers.Wheres a Boatcop when you need one?

[WaTchTheGelCoat]

I've never been a participant in this, but I believe if you refuse it carries all the same penalties as if you had failed the test.
As if you wre admiting guilt?

[Nord]

The answers are always wishy washy. I agree boatcop would know, i'm sure he'll have an answer.

[Spotondl]

Not sure about AZ but in CA if you refuse the leo's take you down to the station and force a blood test... literally hold you down while a nurse sticks the needle in your arm.... :yuk: :devil:

[Mardonzi]

It's called "Implied Consent" and depending on the officer, his experience, and the courts, you may not even need to blow in order to be prosecuted for driving while impaired..

[LHC30Victory]

You have the right to refuse a test. If they did that, a good lawyer would probably find a way to have your case thrown out.
Actually, not likely for just that cause. When you get your (CA) license you imply your consent to give a sample for testing. Case law has held that evidence in the blood is transitory and will be less reliable if present at all, at a later time. This "emergency" nature of the evidence along with the implied consent have provided justification to "force" a blood sample. Most agencies (and especially hospitals) will not go to those extremes in ordinary circumstances.
How this applies to AZ boating law......I am not sure, but suspect it will be the same.

[Nord]

Yeah but I understand in AZ it is different.

[My Man's Sportin' Wood]

Refusing a preliminary test is not considered guilt. Its a right. You don't have any right to refuse the Breath or Blood test though. You agreed to be subject to those tests when you accepted your license.
I grabbed this off a Orange County Lawyers web site.
Okay, that works for CA, but the question was for AZ.

[RiverDave]

If you've had anything to drink at all..
Smart Move in California is to refuse field sobriety tests, and take the blood test down at the station.
Smart Move in AZ is to refuse everything..
The logic behind that is, in california if you refuse everything (including the station) then they will pull your license for a year on top of everything else. You put as much time as possible between the time of the stop and the test (I.E. Blood) and then let your lawyers handle it in court. The DA will bring expert witnesses saying they "calculate" your blood being "this" at this point. Your lawyer will bring their own witnesses saying they "calculate" your blood being this.. Depending on who's credentials the jury finds more believable is most likely how your case is going to end up. Usually (in CA) when you start going to that deal, the DA will start offering up all kinds of deals unless they feel they have a very strong case. Ultimately if you were shitfaced there's no getting out of it. If you had a beer or two, and happened to run into a zealous cop though, well then... Odds are pretty good if you have a decent lawyer.
In AZ, they do not pull your license for refusing everything. Instead they give you a fine. That fine used to be 250 dollars I believe? They raised it to something like 700'ish?? But none the less you don't lose your license. Now the hiccup here as boatcop will point out is "If you refuse everything then they can get a warrant and pull your blood." I recently asked a lawyer about that.. His answer was quite simple and it made sense to me sooo.. Here it is how can they get a warrant? Unless your falling down drunk, or doing something incredibly stupid? If your just sitting there and not doing anything but excersizing your RIGHTS. They will call a judge and the 1st question the judge is going to ask is what evidence do they have that your drunk? If the only thing they can answer is "the odor of alcohol" then odds are they aren't getting a warrant. There's going to be a brief discussion there between the officer and judge with regards to how impaired they think you are, but unless your pretty wasted the general opinion of the person I talked too was the judge isn't going to put his name on it just on the possibillity that the BAC might come up short. Incidentally, the next thing that happens if you go down in flames and the warrant happens and they pull blood etc.. Your lawyer will have an even longer time frame to argue about with regards from the time of the stop and the time of the test. From a legal stand point the goal is to extend that time as much as possible.
My advice though... Don't Drink and Drive. Find some kid and make him sit in the boat while your in the bar. ;) Since the laws have become so strict you have to be a legal beagle with alotta dough to be dealing with that kinda crap. Easier to find a kid or a DD that doesn't drink.
RD

[My Man's Sportin' Wood]

can't wait until my kid is 16 . . . 3 more years :cool:
Forensic-your forgiven :p

[Tom Brown]

...Don't Drink and Drive... the laws have become so strict you have to be a legal beagle with alotta dough to be dealing with that kinda crap...
Meddling bureaucrats. :mad:

[topless]

.
My advice though... Don't Drink and Drive. RDI can't believe you said that! Are you feeling Ok Dave? :jawdrop:

[Kilrtoy]

You have the right to remain SILENT
Anything you say CAN and WILL be used AGAINST YOU in court

[jackpunx]

You have the right to remain SILENT
Anything you say CAN and WILL be used AGAINST YOU in court
something tells me you may or may not have said or heard this in the past :D

[topless]

You have the right to remain SILENT
Anything you say CAN and WILL be used AGAINST YOU in courtYou sound like you've used that line before. Does it work? :idea:

[Tom Brown]

You have the right to remain SILENT
Anything you say CAN and WILL be used AGAINST YOU in court
Perps can't seem to catch a break with you cops. :mad:

[Liberator TJ1984]

In Texas ....you would get wacked over the head with a Nightstick for "Refusing to Co-operate" :argue:
Then take your beaten half silly :mix: :D a$$ to the hospital where they sew your head up and pull the Blood sample

[Tom Brown]

Texas, where they spell justice with a capital 'F'.

[BADBLOWN572]

I have spoken to a couple of LEO's in Arizona and they have confirmed that RD is correct. First they will ask for you to submit to a field sobriety test. Refuse it completely. When the officer asks why you are refusing the test, you say because it is your right to refuse. They WILL drag you down to the station and ask you to submit to a blood test. Even the cops say that they threaten to take your blood, but they can not do it without a warrant. If they tell the judge that the only thing is the smell of alcohol, there is not enough to do it and they will cut you loose.
If they do obtain a warrant, give the blood. There is a couple of reasons for this, first it is going to take the time for them to get a search warrant. So, from the time you have had your initial run in with the LEO, it is going to be at a minimum of 1 hour, probably more, from your first stop. You can play this easily. If you are just slightly over, a good attorney could easily argue that you had your last drink right before you were driving and it took 1 hour to fully be absorbed into your blood stream. At the time of your driving, you were below the .08 BAC and it was only the last hour your BAC has actually increased. Try to proove that you are wrong. If you WERE really boarder line and on the way down, the 1 hour might put you below the .08 BAC mark. Say you only had 1 drink all night. Too many questions for them really to push the point.
If you do refuse everything I hear that the fine is $750.00. Like RD said, it is much better not to drink and drive AT ALL, but if you are going to have a drink or two, have some kid drive you.

[MudPumper]

I have spoken to a couple of LEO's in Arizona and they have confirmed that RD is correct. .
Of course RD is correct, he is the resident professional on this topic. Nobody is more qualified to comment on this subject than RD. :idea: :D ;)

[Spotondl]

I did refuse all test in Santa Barbara County and was taken to the county jail and despite trying to cooperate at that point was forcefully held down by 4 Leo's while a nurse drew blood... I was NOT struggling at all, no need breaking a needle off in my arm but that and having to spend the night in the county jail instead of the local college drunk hold was the "revenge" that Leo's had on me for my refusal... of course that was in '85 back in college... I seriously doubt that law has changed since then... I was of the opinion that a forced blood test violated the 5th amendment against self incrimination and was a violation of legal search and seizure laws but the lawyer I consulted with told me that the practice had been run up to the Supreme Court level, and upheld, many times... Verdict was to plead "No Contest" and take the hits...
Cabs are MUCH cheaper...

[Nord]

Thanks guys, I think!!!! So in AZ refuse everything?

[Kilrtoy]

Wow great response :messedup:
It would have to be a felony or you would have to fall under the prior felony rule... So these horror stories are great and all. If they really did happen, you should be a very rich person ....................
This applies to Cali only

[mike37]

the last time I got any paper work to renew my license it had some fine print
on it and a place to singe it was some bla bla bla you give permission to take blood if your are stopped
I didn't singe that part said **** that
sent in my renewal figured they would send it back because I didn't singe it
but I got my license and I didn't singe away my rights
don't know if it slid by or they just don't need it

[Boatcop]

Most are half right and more than 2/3 wrong as far as Arizona goes.
Yes. You have the right to refuse field sobriety tests. But you don't have the right to withold information, such as you name driver's license, registration, insurance info etc. And on a boat, you have to provide safety equipment for inspection.
These things give us "clues" to your impairment level. That, coupled with appearance, driving pattern, slurred speech, odor of alcohol, etc. give us probable cause to arrest. With or without field sobriety tests. In boats its pretty easy. Especially in the summer during the day. Did you know that you secrete the alcohol when you sweat? You can smell that from 10 feet away.
And since the first thing affected by alcohol is judgment, everyone thinks they can "pass" the FSTs. I've never had anyone refuse to do them. I especially like the ones that say "I couldn't do these sober!" (tape is running :D )
At the station, we will inform you that under arizona law, you are required to submit to a blood, breath, urine, or combination of the above. Our Choice!
If you are driving a motor vehicle and you refuse, we will suspend your privilege to drive in Arizona for one year. If an Arizona licensed driver, that means we take your license. If you are from out of state, we don't take your license, but you still can't drive in AZ, AND because of interstate compacts, the other state is notified and THEY will suspend your license for a year. On a side note, if you test over .08% we suspend your privilege or license to drive in AZ for 90 days. This alone doesn't affect your out of state license, but if caught driving in AZ after that you WILL go to jail.
If you're in a boat, we (Arizona) won't do anything to your license, but it is a civil offense to refuse chemical testing. The current fine is $750 + a $500 jail construction surcharge, + about an 85% Court/State Criminal Justice surcharge. Making it cost about $2,300 just for the refusal. And that's imposed no matter if you beat the OUI in court or not. Win, lose or draw, it's $2,300.
On top of all that, all it takes is a phone call to the judge for a search warrant to take your blood. There is a judge on call 24/7, and that process takes about 20 minutes. All the info we need is on our laptops or station computers, so we just fill in the blanks. We also have about 8 officers on our department, plus a handful in the jail (at least one on each shift) that are certified phlebotomists (blood draw-ers). So there's no time delay in calling one in if needed. The whole process takes about as much time as the breath test does if you don't refuse.
BTW, blood is a more accurate test than breath. It ALWAYS reads higher than a breath test taken at approximately the same time.
AND we get warrants on all refusals. So it's up to you if you want to go through the hassle and costs to refuse just for us to get what we need anyway.
Now, I understand that California recognizes Arizona OUIs (not to mention DUIs), and assigns points to your license for a conviction. That alone may not get your license yanked, but if you have major prior actions on your license (previous DUI, Reckless Driving, Speeding, etc) it may be enough to put it over the top and have the license suspended. Plus, it will count as a prior conviction for enhanced penalties for a subsequent DUI or OUI.
Instead of worrying about all this BS, just Don't Drink & Drive! :hammerhea

[Boatcop]

the last time I got any paper work to renew my license it had some fine print
on it and a place to singe it was some bla bla bla you give permission to take blood if your are stopped
I didn't singe that part said **** that
sent in my renewal figured they would send it back because I didn't singe it
but I got my license and I didn't singe away my rights
don't know if it slid by or they just don't need it
By applying for and accepting a license, you have already given that consent. The signing part is just a formality.

[Mandelon]

Most are half right and more than 2/3 wrong as far as Arizona goes.
Yes. You have the right to refuse field sobriety tests. But you don't have the right to withold information, such as you name driver's license, registration, insurance info etc. And on a boat, you have to provide safety equipment for inspection.
These things give us "clues" to your impairment level. That, coupled with appearance, driving pattern, slurred speech, odor of alcohol, etc. give us probable cause to arrest. With or without field sobriety tests. In boats its pretty easy. Especially in the summer during the day. Did you know that you secrete the alcohol when you sweat? You can smell that from 10 feet away.
And since the first thing affected by alcohol is judgment, everyone thinks they can "pass" the FSTs. I've never had anyone refuse to do them. I especially like the ones that say "I couldn't do these sober!" (tape is running :D )
At the station, we will inform you that under arizona law, you are required to submit to a blood, breath, urine, or combination of the above. Our Choice!
If you are driving a motor vehicle and you refuse, we will suspend your privilege to drive in Arizona for one year. If an Arizona licensed driver, that means we take your license. If you are from out of state, we don't take your license, but you still can't drive in AZ, AND because of interstate compacts, the other state is notified and THEY will suspend your license for a year. On a side note, if you test over .08% we suspend your privilege or license to drive in AZ for 90 days. This alone doesn't affect your out of state license, but if caught driving in AZ after that you WILL go to jail.
If you're in a boat, we (Arizona) won't do anything to your license, but it is a civil offense to refuse chemical testing. The current fine is $750 + a $500 jail construction surcharge, + about an 85% Court/State Criminal Justice surcharge. Making it cost about $2,300 just for the refusal. And that's imposed no matter if you beat the OUI in court or not. Win, lose or draw, it's $2,300.
On top of all that, all it takes is a phone call to the judge for a search warrant to take your blood. There is a judge on call 24/7, and that process takes about 20 minutes. All the info we need is on our laptops or station computers, so we just fill in the blanks. We also have about 8 officers on our department, plus a handful in the jail (at least one on each shift) that are certified phlebotomists (blood draw-ers). So there's no time delay in calling one in if needed. The whole process takes about as much time as the breath test does if you don't refuse.
BTW, blood is a more accurate test than breath. It ALWAYS reads higher than a breath test taken at approximately the same time.
AND we get warrants on all refusals. So it's up to you if you want to go through the hassle and costs to refuse just for us to get what we need anyway.
Now, I understand that California recognizes Arizona OUIs (not to mention DUIs), and assigns points to your license for a conviction. That alone may not get your license yanked, but if you have major prior actions on your license (previous DUI, Reckless Driving, Speeding, etc) it may be enough to put it over the top and have the license suspended. Plus, it will count as a prior conviction for enhanced penalties for a subsequent DUI or OUI.
Instead of worrying about all this BS, just Don't Drink & Drive! :hammerhea
Thanks for making it so clear.
Hey RD, will you be my DD? :D

[Jrocket]

Most are half right and more than 2/3 wrong as far as Arizona goes.
Yes. You have the right to refuse field sobriety tests. But you don't have the right to withold information, such as you name driver's license, registration, insurance info etc. And on a boat, you have to provide safety equipment for inspection.
These things give us "clues" to your impairment level. That, coupled with appearance, driving pattern, slurred speech, odor of alcohol, etc. give us probable cause to arrest. With or without field sobriety tests. In boats its pretty easy. Especially in the summer during the day. Did you know that you secrete the alcohol when you sweat? You can smell that from 10 feet away.
And since the first thing affected by alcohol is judgment, everyone thinks they can "pass" the FSTs. I've never had anyone refuse to do them. I especially like the ones that say "I couldn't do these sober!" (tape is running :D )
At the station, we will inform you that under arizona law, you are required to submit to a blood, breath, urine, or combination of the above. Our Choice!
If you are driving a motor vehicle and you refuse, we will suspend your privilege to drive in Arizona for one year. If an Arizona licensed driver, that means we take your license. If you are from out of state, we don't take your license, but you still can't drive in AZ, AND because of interstate compacts, the other state is notified and THEY will suspend your license for a year. On a side note, if you test over .08% we suspend your privilege or license to drive in AZ for 90 days. This alone doesn't affect your out of state license, but if caught driving in AZ after that you WILL go to jail.
If you're in a boat, we (Arizona) won't do anything to your license, but it is a civil offense to refuse chemical testing. The current fine is $750 + a $500 jail construction surcharge, + about an 85% Court/State Criminal Justice surcharge. Making it cost about $2,300 just for the refusal. And that's imposed no matter if you beat the OUI in court or not. Win, lose or draw, it's $2,300.
On top of all that, all it takes is a phone call to the judge for a search warrant to take your blood. There is a judge on call 24/7, and that process takes about 20 minutes. All the info we need is on our laptops or station computers, so we just fill in the blanks. We also have about 8 officers on our department, plus a handful in the jail (at least one on each shift) that are certified phlebotomists (blood draw-ers). So there's no time delay in calling one in if needed. The whole process takes about as much time as the breath test does if you don't refuse.
BTW, blood is a more accurate test than breath. It ALWAYS reads higher than a breath test taken at approximately the same time.
AND we get warrants on all refusals. So it's up to you if you want to go through the hassle and costs to refuse just for us to get what we need anyway.
Now, I understand that California recognizes Arizona OUIs (not to mention DUIs), and assigns points to your license for a conviction. That alone may not get your license yanked, but if you have major prior actions on your license (previous DUI, Reckless Driving, Speeding, etc) it may be enough to put it over the top and have the license suspended. Plus, it will count as a prior conviction for enhanced penalties for a subsequent DUI or OUI.
Instead of worrying about all this BS, just Don't Drink & Drive! :hammerhea
Ahhh bull,I think your bluffing...LMAO! :D

[mike37]

By applying for and accepting a license, you have already given that consent. The signing part is just a formality.
how long has that law bin in effect

[GHTRIM]

I think BoatCop put that one to bed... :220v: :hammerhea :D

[mike37]

Since the dawn of time. Since man has been putting pen to paper. :wink:
I think your wrong
it was about the time they started calling it a privilege before it was a right
they had to change it so they could do the test without your permission
otherwise they would be violating your rights

[mike37]

It's never been a "right" to drive. I'm pretty sure The Right to Drive a Motor Vehicle is not included in the Bill of Rights, but I'll check.
you cannot restrict ones right to travel
wen i got my license it wasn't a privilege or a right it was just a license
but thats not what I'm talking about it happened when the DUI laws started getting stricter they couldn't take your license if it was a right so they started calling it a privilege

[mike37]

I was being fatitous. You've never had the right to drive, it's always been a priviledge. I guess they just recently needed to remind people of that. If you had the right to drive, you would have been born with a car.
well some guys got out off the restrictions because nothing said it was a privilege they still got the fine but no lose of license
wish I could find the info on it

[mike37]

I think you're using the fact that something was not a law to conclude that it was a right. When I was a young man, you could drink at 18. Now it's 21. I didn't have the RIGHT to drink at 18, it just wasn't against the law at the time. Now it is. That doesn't mean they're violating someone's rights. Laws change.
I'm not trying to be a dick just wondering about things
so before there were drivers licenses was it a privilege or a right
every thing is a right before some one tells you its not

[Boatcop]

you cannot restrict ones right to travel
Where does the Constitution or Bill of Rights say anythng about a "right" to travel? All I read is the Right to Life, Liberty and the Pursuit of Happiness?
Even if someone can come up with that "right" in some convoluted way, there are many ways to travel. Taxi, airplane, bus, train, walk, bicycle, skateboard, horseback, pack mule, hitch hike, roller skates, hired driver, etc. Driving a car is just one mode of travel.
Taking the license and not permitting a person to drive, because they can not or will not abide by the laws of the duly elected legislature is not an infringement on anyone's "rights".
On the contrary, an unsafe, drunk, reckless, habitual offender driver has the definite potential to infringe on my, and everyone else's, rights.
Mainly the right to "LIFE"!

[all charged up]

As always BC you have stated your point very clearly and with ablosute perfection. In Arizona, as with most states, if you drive in our state you have given your consent to give a sample. Illegal aliens too. If you refuse, wich you have the right to do, fine, you will lose your priveledge to drive in our state for one year, two if there is a prior refusal on your record within the last three years.
Remember, you got pulled over for a reason, swerving, speeding, accident, past out at a green light. These things all go toward the "probable cause" for arrest.
I just won against a guy who refused everything. Fst's, Pbt, intox, everything. I had evidence of (1. 110 mph in a 25 mph zone, (2. bloodshot eyes, (3. slurred speech, (4. moderate odor of intox bev on breath.
Got a search warrant, drew blood. At the DMV hearing the attny was asking good pointed questions but his client refused the test, 1 yr suspension.
Just got the blood back from the lab and the guy was One one-thousandth under Extreme DUI. The attny is calling begging for a plea deal.
Any attny that I have talked to that deals with DUI's has told their client to refuse everything but the intox. They would rather fight the accuracy of the device in court than try it in a DMV hearing and have had their client refuse. They never win that one.

[bigkatboat]

In this case (and all others) 'Liberty' means TRAVEL, unincumbered, unrestricted, TRAVEL, movement, locomotion, 'cruisen', all of the items mentioned ! We all know that the "courts" can/will override the lawmakers, so why is this such an issue? What are the actual 'guidelines in these cases? MADD and others are all up in arms, but what about PASDS? People Against Stupid DriverS ! On Havasu, we have more STUPID/ ARROGANT drivers than drunks, so why target the smaller group? I know the majority are stupid, because I boat on the lake 4/5 times a week. Most have no idea they are doing something wrong, and may never know what is correct.

[bigkatboat]

Are you putting 'licensed highway drivers' and 'unlicensed boaters' in the same "spot". I understand that insurance companies 'rate' car and boat driving together, but are the "rules of the road" the same? Often, maritime laws are not the same as 'road laws' , and Havasu/ the river is a Federal waterway. As boaters in this area, we should have access to the LAWS, not opinions, but the facts as written. Where can we go for the written laws? Again, under the "Liberty" part of your question, we (the people) should require/demand that the laws in this area be posted/ public forum, and accessable to all who inquire. Do boaters need to seek out the laws, or do we just wait until the laws prevent boating?

[bigkatboat]

The opener is ..." if you get pulled over in Az. in your boat or car...." HELLO? "Earth to BOB" I just hope that the 'boaters' here are more aware of HOW THEY BOAT than other boaters. I think we all can relate to 'traffic problems' on the water, and each of us has tried to "ease" the problem. I can tell all of you what you are doing wrong, but I need to know what I am doing wrong, so that I can correct myself. My wife and I took an Az. offered safety course and it was not very "up to date". We got really "neat" certs. to frame, but we really did not learn anything! We really NEEDED MORE INFO!

[bigkatboat]

NO YOU JACKASS! Look back at "Nord's first post" The starter of this thread! "boat or car" !!! Get your head out of your ass! I'm responding to issues that are important to all of us, where is your brain? Start picking on someone when you have any idea of what is going on here! Just because you post alot, does not mean you know alot!

[Jrocket]

NO YOU JACKASS! Look back at "Nord's first post" The starter of this thread! "boat or car" !!! Get your head out of your ass! I'm responding to issues that are important to all of us, where is your brain? Start picking on someone when you have any idea of what is going on here! Just because you post alot, does not mean you know alot!
Are you always this way?

[bigkatboat]

You guaran....fn..t.. WHAT? You still did not read the first post (starter) of this thread! "boat or car" How stupid do you think everyone is? You F&^%ed up and now you are trying to cover up your mistake. I forgive your errors as I forgive your lack of knowledge. You are the guy who reacts first, and then tries to think about what he did LATER! I'll try to stay out of YOUR WAY on the lake, and I hope you have a lifetime of safe boating. As we all do!

[Jordy]

HELLO? "Earth to BOB"
You know, I think we're all on Earth, so it's not like the Earth is actually calling Bob. :D :D :D
*bonus points for who can name the movie. :D

[bigkatboat]

So, childish "ShockwaveBob" has sent me a PM. It is 'unkind' to say the least. If I have been, "rambling", and "incoherent", I am truly sorry. But I must say that when "Bob" jumped on me, without reading the first post (opener), I knew that I was in for a 'whipping' from an uninformed source. If I am wrong, I'm wrong, but I don't think so! I have been boating (without incident) on this river since 1969, and I really want to know about the 'new laws' and I don't want to have or cause an accident.

[Jrocket]

I'm pretty sure this entire thread has been devoted to licensed highway drivers.
I really dont see anybody jumping on you here! bigkatboat.

[bigkatboat]

Jrocket you did not see the (CS) PM, and YES this is not about my opinions. I don't want to highjack this thing, we all really need good, up to date info. Yes, I'm always this way! I seek the truth, and what do you mean by, "this way", am I not 'kissing enough ass' here? "Bob" said I was wrong about the "cars and boats" thing, and then he asks if I am drinking. He is the one who is incorrect and sends a 'rude' PM, and then I'm told that I'm not being attacked. I think "Bob" is "pretty sure" that he is correct, no matter what the facts are. It's OK, 'cause I'm 'just rambling' (Bob says) and HE is never wrong. Bob does know "more than me" so I guess that's it. How can one person (Bob) turn all of this into an attack on me, when all I wanted to know was the 'separation of car and boat driving'? Bob will you let someone answer?

[mike37]

dang this thing went south
good night every one

[RiverDave]

Well... without getting into all the finer points with everyone. I'm just going to post exactly what is written on the back of a lawyers card (Lawyer is in Parker just for reference)
TO ANY LAW ENFORCEMENT OFFICER:
1. I am represented by Attorney Michael Frame,
(928)669-6565, (928)667-4012 or (928)854-6565
2. I want to speak with my attorney now.
3. I do not consent to a search of any kind
4. I refuse to answer any questions or perform any
roadside field sobriety test until I speak with my
attorney.
The card is flourescent yellow to make it easy to find in the dark.
I don't drink and drive anymore, but you can bet if I ever did have a beer and roll the boat I'd be handing them this card and keeping my mouth shut all the way to the bank. All my info for the boat is in the anchor locker (which a passenger can get) and the passengers can display to the cops anything they need to see.
Like I said the smart move is NOT to drink and drive becuase of all the hassles that go with it.. But god forbid you do have a beer or two etc and you get rolled, there's some very over zealous cops out there now days.. (not all, but some) I think I'd play it safe and excersize my rights. 2300 bucks is a small price to pay compared to the alternative.
RD

[Nord]

Thanks Dave! Thanks everyone :frown:

[Super D]

I was pulled over and had been drinking, pretty much failed to field sobriety test, was asked to give a field breath test, I refused (cop was pissed), was taken to the local PD, accidentaly burped prior to the station breath test (which disqualified me), I was then given a choice of blood or urine, I chose blood, they then had to call a phlebotomist (1 1/2 hours to arrive), took my blood (I cooperated), my result was .07 - just a hair under the drunk limit. I was released (they still confiscated my license), a week or two later I get a letter from the DA saying I'm still charged with DUI under legal limit, called a lawyer and about $1000 later it all went away.
I bought about 3 hours to sober up...
My lesson learned - don't drive drunk! Duh! :idea:

[Super D]

oh yeah, I still got to stay in the stinky drunk tank for 6 hour (mandatory), before being released at dawn with no car (impounded), no money (spent on booze night before) and wondering the streets until I begged the circle K guy for a quarter to make a phone call...low point in life. :(

[Nord]

I definately have to agree with the not driving drunk part~