Ever failed a roadside breath test?

[ohioboy]

For example, our law reads that any person showing signs of being inebriated and over the legal limit of .08 BAC may have his vehicle searched without the Officer obtaining a search warrant.

That would seem to run afoul of the 4th?

 

[chic]

No I've never been pulled over and given a breath test. I'm not much of a drinker anyway but even when I did, I never drove impaired.

 

[dilettante]

No I've never been pulled over and given a breath test. I'm not much of a drinker anyway but even when I did, I never drove impaired.

Same here.

 

[Nathan]

That would seem to run afoul of the 4th?

No, the officer can search without permission if he has probable cause.

 

[ohioboy]

No, the officer can search without permission if he has probable cause.

I know about the Automobile exception, my concern was, what factors established the PC? Were they arrested before the search? Was Arizona v. Gant followed?

 

[PeppermintPatty]

I've been there a few times, it is scary waking up and having no memory of what happened the night before, usually with friends looking at you either in awe or disgust.

My husband has blacked out many times. It’s very common with people who have had too much to drink. Now he’s 32 years sober.
It’s scary having moments of booze and / or drug induced amnesia. Scary and embarrassing.

Not here in PA. I read the code again and a blackout is just what I said it “could” be. I know states in the west are more lenient with this rule, not law, but judges may also inject their own definition. IOW, the law is a written rule, but the interpretation is what people do not understand.

This is why people use a lawyer when or if they go to court. The way a law reads and the interpretation of that law are many times not exactly as it reads. For example, our law reads that any person showing signs of being inebriated and over the legal limit of .08 BAC may have his vehicle searched without the Officer retaining a search warrant.

Usually, if you are drunk and meet the BAC test of.08+, but no accident, the normal charge us a misdemeanor. If the accident causes property loss or an injury, it may be a felony.

The interpretation to that law is that police officers may search without a warrant if the officer suspects the driver of being inebriated, however, (and here is the Catch 22), the Officer shall produce a video account of his suspicion. That is the new law that took effect on 7/1/2022. IOW, I would have to follow the driver with my dash cam turned on and take at least enough video to show weaving or any other irrational driving issues. If he’s speeding, my dash cam will also record that issue with a time/date stamp. Our dash cams are not like the cams the public can purchase from Amazon. Some of our vehicles also have rear dash cams and our cams are able to pan the area.

What state do you reside in?

911! I’ve never been caught and or convicted of being drunk or on drugs. Most my drinking days I lived in the city with public transit which included buses and subways and I was responsible enough not to drink and drive.
A couple of times I did drink and drive and luckily didn’t get caught. I don’t live in the United States. I live in Canada.

 

[MarkinPhx]

A couple of times I did drink and drive and luckily didn’t get caught. I don’t live in the United States. I live in Canada.

And more importantly for those of us who did, we did not cause the death of others or ourselves. On March 17 2018 my nephews sister in law drove drunk and went the wrong way on a freeway and crashed into a car killing a family of 4 and her. She was only 22.

 

[CallMeKate]

Blacked out meaning I didn’t remember anything. There is a difference between passing out and blacking out. Blacking out , you are still functional but don’t remember.

I looked this up because I always thought they were the same. From Cambridge Dictionary:

blackout noun [C] (UNCONSCIOUSNESS)​

a short period when someone suddenly becomes unconscious:​

=======

And Oxford Dictionary:

black out​

phrasal verb
black out

1. to become unconscious for a short time synonym faint

 

[PeppermintPatty]

I looked this up because I always thought they were the same. From Cambridge Dictionary:

blackout noun [C] (UNCONSCIOUSNESS)​

a short period when someone suddenly becomes unconscious:​

=======

And Oxford Dictionary:

black out​

phrasal verb
black out

1. to become unconscious for a short time synonym faint

So there are two definitions. The times I blacked out, I’m using the websters definition of it.

blackout
1 of 2noun
black·out ˈblak-ˌau̇t
: a transient dulling or loss of vision, consciousness, or memory
an alcoholic blackout


black out
2 of 2intransitive verb
(ˈ)blak-ˈau̇t
: to undergo a temporary loss of vision, consciousness, OR memory (as from temporary impairment of cerebral circulation, retinal anoxia, a traumatic emotional blow, or an alcoholic binge)

https://www.merriam-webster.com/dictionary/blackout

Some people get so angry they forget what they’ve said or done during their black out. Another use of the word.

 

[Della]

In April-May of '72 had just gotten back from Vietnam, bought a six pack of Colt 45 and a gallon of Tyrolia wine, and went looking for my friends. Friends weren't home, so I just went for a drive around the South Bay & Palos Verdes Peninsula and drink the Colt 45 & wine by myself.
Well I didn't think so, but I was pretty lit-up when I headed back to my mom's house in the City of Carson, where a couple of L.A. County Sheriff's deputies pulled me over because they thought I was driving funny. They didn't have me do a field sobriety test or breathalyzer, they just hooked me up and took me to the Firestone sub-station . Spent the night, went before the judge and got OR'd. Charged with Reckless, took plea for speeding. Whew.

I've been pulled over three times for driving funny and I've never been under the influence. I just drive funny.

 

[Davey Do]

That’s hilarious!!!
Good job.

I wanted to thank you @PeppermintPatty, for inspiring my attempt to visualize the character of Peppermint Patty on a motorcycle.

I scratched out that rough sketch, thought it didn't look half bad, photographed in the artist camera mode, and loaded it up as is. That rough inspired a new technique, so, THANKS!

 

[PeppermintPatty]

I wanted to thank you @PeppermintPatty, for inspiring my attempt to visualize the character of Peppermint Patty on a motorcycle.

I scratched out that rough sketch, thought it didn't look half bad, photographed in the artist camera mode, and loaded it up as is. That rough inspired a new technique, so, THANKS!

Thank you. I showed it to my husband and he laughed and said it was very good. You are good at drawing, for sure. I printed it out and kept it.

 

[Davey Do]

Thank you. I showed it to my husband and he laughed and said it was very good. You are good at drawing, for sure. I printed it out and kept it.

I am honored. Thanks, again.

 

[Bretrick]

That’s quite a large fine for being a kid. I’ve never had a breathalyzer test. Luckily because I have driven drunk before. One evening I was so drunk I blacked out while driving my motorcycle. It was only a few blocks but I still shouldn’t have done it. It’s scary when I think about it.

Did you at least have a bicycle to ride for 6 months?

I had shank's pony to get me around for 6 months.

 

[Bretrick]

there was many times I should not have been driving.

I also used to drink and drive regularly. this was the first time I had been caught out.

I had to spend a weekend at the infamous tent city. Some in the US may have heard of it.

Tent City? Can you explain to this Aussie what that was please?

Charged with Reckless, took plea for speeding. Whew.

You got off rather lightly then.

Did they make you wear the pink underwear?

Can you explain the significance of "Pink Underwear"? Was it linked to "Tent City"?

prison time, not jail time.

I am going to assume Prison time is long term whilst Jail time is over night?

 

[Bretrick]

it is scary waking up and having no memory of what happened the night before, usually with friends looking at you either in awe or disgust.

Many times I would have no idea what I had gotten up to the night before. Always due to alcohol though.
One time there was a two day blank, that was my first and last time drinking whiskey. Bad stuff that whiskey.

 

[oscash]

I don't like the taste of alcohol so had no problems with it. Coming home the other night after a lovely lunch with the family being Mother's Day, I was travelling behind a car and the driver was obviously drunk. He never had his headlights on and was drifting to either side of the marked lines, this was 6pm. Cars were keeping away from him, and I was hoping a police car would have spotted him. He turned on to another highway and let's hope he never caused an accident.

 

[MarkinPhx]

I also used to drink and drive regularly. this was the first time I had been caught out.

Tent City? Can you explain to this Aussie what that was please?

You got off rather lightly then.

Can you explain the significance of "Pink Underwear"? Was it linked to "Tent City"?

I am going to assume Prison time is long term whilst Jail time is over night?

There was a sheriff in Maricopa County (Phoenix area is in the county) named Joe Arpaio who gained national fame because of some of this actions and interpretations of the local laws. One of his actions was to build "tent city". The tents were military like tents to hold inmates. One other thing he was also known for was to make all the inmates wear pink underwear.

In general, jails are for those awaiting trials and those serving a sentence of less than one year. Prisons are for those sentenced to more than one year.

 

[Jules]

I don't like the taste of alcohol so had no problems with it. Coming home the other night after a lovely lunch with the family being Mother's Day, I was travelling behind a car and the driver was obviously drunk. He never had his headlights on and was drifting to either side of the marked lines, this was 6pm. Cars were keeping away from him, and I was hoping a police car would have spotted him. He turned on to another highway and let's hope he never caused an accident.

I hope someone with a cellphone called the police.

 

[Bretrick]

There was a sheriff in Maricopa County (Phoenix area is in the county) named Joe Arpaio who gained national fame because of some of this actions and interpretations of the local laws. One of his actions was to build "tent city". The tents were military like tents to hold inmates. One other thing he was also known for was to make all the inmates wear pink underwear.

In general, jails are for those awaiting trials and those serving a sentence of less than one year. Prisons are for those sentenced to more than one year.

View attachment 346625View attachment 346626

Thank you for the explanation. Is Joe still around?
What happened to Joe. His ego was rather enlarged from the sound of it.

 

[MarkinPhx]

Thank you for the explanation. Is Joe still around?
What happened to Joe. His ego was rather enlarged from the sound of it.

No, he no longer is Sherriff. He left office in 2017. The tents and pink underwear are gone. Best to just leave it at that. For awhile he was certainly a lighting rod for political debate locally and nationally.