The right to refuse???????

[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
Forensic-your forgiven

[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.

[topless]

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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

[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.

[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: 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'.