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Thread: The right to refuse???????

  1. #21
    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.

  2. #22
    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:

  3. #23
    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...

  4. #24
    Nord
    Thanks guys, I think!!!! So in AZ refuse everything?

  5. #25
    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

  6. #26
    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

  7. #27
    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 )
    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

  8. #28
    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.

  9. #29
    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 )
    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?

  10. #30
    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 )
    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!

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