Test results: Johnson's blood alcohol level was .072

[YosemiteSam]

So all he was doing wrong was speeding.

How many folks here never did that?

Actually, if his BAL was .072 by the time he gave blood, then he probably was at least .08 when he was pulled over. Problem is, they can only go by the test results. If I were the Bears, I would cut him too. After everything that has happen to him and he pulls a Pacman Jones driving around at some idiot hour when you have been drinking. (drunk or not)

Tank == Idiot == Cut for good reason.

 

[Doomsday101]

What jurisdiction do you live in? Do you have any direct authority citing this law you refer to? This sounds like a law that is ripe for being struck down on constitutional grounds.

Texas Law is pretty simple and clear that if you refuse to take the sobrity test you will lose your driver licenses and it happens

 

[iceberg]

regardless of what the local laws are, our own "rights" and so forth - if you simply don't want to have to know all this - DON'T DO IT.

people tend to put themselves in bad situations then blame the world for sucking. i think we all know the "drama magnet" who's life is always in turmoil and they're always up in a roar about something. they blame the world for their problems when in the end it's the choices they made along the way in life that make their life something they hate.

amazing to me.

 

[Alexander]

That's the way it is here in NM as well. If you refuse a test, you automatically receive a year's revocation

Most states are like this.

Lesson: don't take legal advice from a discussion on a football message board.

 

[AbeBeta]

Actually, if his BAL was .072 by the time he gave blood, then he probably was at least .08 when he was pulled over. Problem is, they can only go by the test results. If I were the Bears, I would cut him too. After everything that has happen to him and he pulls a Pacman Jones driving around at some idiot hour when you have been drinking. (drunk or not)

Tank == Idiot == Cut for good reason.

It also means that unless he was driving around for several hours that he wasn't very drunk to start with.

 

[ABQCOWBOY]

Most states are like this.

Lesson: don't take legal advice from a discussion on a football message board.

That would be incorrect IMO. The lesson here is don't drink and drive. Don't put yourself in a position to have a life altering decision made by somebody else. If your a young person, don't take the chance of ruining your life before you ever have opporutnity to really start it. If your older, think hard about what you have to lose before you lose it.

To me, that's the lesson from this particular thread.

 

[Doomsday101]

Most states are like this.

Lesson: don't take legal advice from a discussion on a football message board.

Well officer I was talking to some guys on a football message board and they said I did not have to take your damn test. Yeah I could see that working out well.

 

[adamknite]

Most states are like this.

Lesson: don't take legal advice from a discussion on a football message board.

:laugh2: You know, one would think that would be common sense.

 

[Verdict]

Texas Law is pretty simple and clear that if you refuse to take the sobrity test you will lose your driver licenses and it happens

What you are saying is mostly true, however you are mixing apples with oranges. A driver's license revocation is, generally speaking, an administrative action that is "civil" in nature. It is a separate and distinct action from the criminal prosecution for the DUI charge, which is a criminal prosecution, which seeks to impose "punishment" upon the accused in the nature of fines, costs, and potentially incarceration for a period of time.

Also, do not be misinformed. I have had cases where the driver was "alleged" to have refused the test and did not lose his license. Most of the posters here are posting based upon what they "heard" or "what happened to them or someone they know" and not based upon legal knowledge. EVERY case is unique. The outcome of every case depends on so many different factors, that it is IMPOSSIBLE to go through every permutation. Just know this .... nothing is as black and white as it may seem.

 

[AbeBeta]

Most states are like this.

Lesson: don't take legal advice from a discussion on a football message board.

I appreciate the legal advice -- but we all need to remember that lawyers are going to give a limited opinion that focuses on the legal aspects of a case -- i.e., what makes it easier for them to win a case with

 

[Doomsday101]

What you are saying is mostly true, however you are mixing apples with oranges. A driver's license revocation is, generally speaking, an administrative action that is "civil" in nature. It is a separate and distinct action from the criminal prosecution for the DUI charge, which is a criminal prosecution, which seeks to impose "punishment" upon the accused in the nature of fines, costs, and potentially incarceration for a period of time.

Also, do not be misinformed. I have had cases where the driver was "alleged" to have refused the test and did not lose his license. Most of the posters here are posting based upon what they "heard" or "what happened to them or someone they know" and not based upon legal knowledge. EVERY case is unique. The outcome of every case depends on so many different factors, that it is IMPOSSIBLE to go through every permutation. Just know this .... nothing is as black and white as it may seem.

Oh please you Jr Perry Mason, If you refuse the take the sobriety test the court will revoke your DL. I'm not misinformed I see it here at the courts enough and have talked to enough Judges here at Harris county to know what the deal is. You want to play lawyer be my guest but your advice will only get people in deeper trouble than they need. But then what do you care as a lawyer you get paid either way regardless of what happens to the client

 

[burmafrd]

I wonder where some get the idea that 2 hrs after their last drink someones level has not dropped?

 

[theogt]

Most states are like this.

Lesson: don't take legal advice from a discussion on a football message board.

It's whatever. If you know you're not going to pass one, the punishment is much worse than having your license suspended for a while. Most likely you'll be convicted and have your license suspended for even longer. You can ignore the helpful "tips" given to you (THOUGH NOTHING I'VE STATED IS INTENDED AS LEGAL ADVICE AND SHOULD NOT BE INTERPRETED AS SUCH) if you like. It's of no consequence to me.

 

[YosemiteSam]

What you are saying is mostly true, however you are mixing apples with oranges. A driver's license revocation is, generally speaking, an administrative action that is "civil" in nature. It is a separate and distinct action from the criminal prosecution for the DUI charge, which is a criminal prosecution, which seeks to impose "punishment" upon the accused in the nature of fines, costs, and potentially incarceration for a period of time.

Also, do not be misinformed. I have had cases where the driver was "alleged" to have refused the test and did not lose his license. Most of the posters here are posting based upon what they "heard" or "what happened to them or someone they know" and not based upon legal knowledge. EVERY case is unique. The outcome of every case depends on so many different factors, that it is IMPOSSIBLE to go through every permutation. Just know this .... nothing is as black and white as it may seem.

It is Civil and this is how it works in Texas.

What Happens if You're Stopped

If you're stopped, be ready to show your driver license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, your driver license will be automatically suspended for 180 days.

Automatic License Revocation

The ALR law took effect January 1, 1995. ALR is a civil, administrative process unrelated to criminal court proceedings.

How ALR Works:

• A law enforcement officer determines that there is reasonable suspicion to stop a driver and probable cause to arrest the motorist for drunk driving.
• If the officer has reason to believe that the driver is impaired, a set of field sobriety tests is administered. If the driver performs poorly, the driver is arrested for DWI.
• Once at a police station or sheriff's office, the driver is asked to take a chemical test to measure his blood alcohol concentration (BAC) level. This is usually a breath test.
• The officer serves the offender with a notice that his driver license will be suspended if he or she refuses to take the test or fails it (registering a .08 BAC or greater).
• The officer confiscates the Texas driver license and issues a temporary driving permit.
• The offender has 15 days from the date that the suspension notice is received to request a hearing. If no hearing is requested, then the suspension goes into effect on the 40th day after notice was served (usually 40 days after arrest).
• The driver pays a $125 fee to reinstate the license after a period of suspension.
• The ALR process also applies to individuals arrested for boating while intoxicated (BWI) who refuse to take a chemical test.

 

[Verdict]

Well officer I was talking to some guys on a football message board and they said I did not have to take your damn test. Yeah I could see that working out well.

That is pretty funny stuff. What would be a lot funnier is if a drunk takes Bob Sacamano's advise and finds out where that will get him.

I am not intending to give legal to anyone on this message board. Each person should consult a lawyer within his or her jurisdiction for legal advice, if they should need it. I am just letting posters know that many of the posts here are completely uninformed. Then again, that is not a new concept.

 

[Hoov]

regardless of what the local laws are, our own "rights" and so forth - if you simply don't want to have to know all this - DON'T DO IT.

people tend to put themselves in bad situations then blame the world for sucking. i think we all know the "drama magnet" who's life is always in turmoil and they're always up in a roar about something. they blame the world for their problems when in the end it's the choices they made along the way in life that make their life something they hate.

amazing to me.

pretty much sums it up.

when i was young we were always out tokin and drinking under age, of course we had no house to party in so we just went out and did our thing. i cant count the number of times parties got raided, we got pulled over in cars or confonted trespassing where we shouldnt have been.

we'd get all bent about it, like it was our right to catch a buzz and why wont the authorirties leave us alone. looking back it was all stupid but thats just the way it was and once certain substances opened up a pandoras box we were all very curious to experiment and "expand our minds" so to speak.

anyway, once you get older and have more responsibilities you have to come to grips with the fact that if you dont play by the rules sooner or later you pay the price.

 

[AbeBeta]

I wonder where some get the idea that 2 hrs after their last drink someones level has not dropped?

I wonder where some get the idea that he took his last drink the second before he got in the car.

The reason why .08 is used instead of .10 is at least partly to take this issue into account.

 

[Verdict]

Oh please you Jr Perry Mason, If you refuse the take the sobriety test the court will revoke your DL. I'm not misinformed I see it here at the courts enough and have talked to enough Judges here at Harris county to know what the deal is. You want to play lawyer be my guest but your advice will only get people in deeper trouble than they need. But then what do you care as a lawyer you get paid either way regardless of what happens to the client

I do not understand why you would call me names, Doomsday. LOL. I can see that you are passionate about this issue, but it does not change the fact that you are uninformed.

I do not clainm to know the law in Texas, but generally speaking, a person is criminally prosecuted in a different court than the administrative court where the person's license is suspended.

I am paid, by my clients, because I believe that I am very good at what I do for a living. I think most of my clients would strongly echo that sentiment as well.

 

[YosemiteSam]

I wonder where some get the idea that it takes 2 hours to administer a test?

The reason why .08 is used instead of .10 is at least partly to take this issue into account.

If he took an actual blood test, then it wasn't performed on the side of the road.

 

[AbeBeta]

If he took an actual blood test, then it wasn't performed on the side of the road.

But you can be sure he's not sitting around waiting for the test -- cop calls ahead, brings him in, test done.