GET OUT OF A DUI. What the Police Don't Want you to Know in 2022!
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- เผยแพร่เมื่อ 27 พ.ค. 2024
- HOW TO GET OUT OF A DUI // What do I do when I get pulled over? What are my rights? What do police officers look for in determining whether to pull someone over? Will I get arrested? Do I have to submit to tests? EVERYTHING YOU NEED TO KNOW ABOUT DUIs!
**PLEASE NOTE, THIS INFORMATION ONLY APPLIES IN MICHIGAN**
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Thanks so much for watching! What were your biggest TAKEAWAYS? Let me know in the comments below 😊
TH-cam allows the host to Pin a comment so it always shows first in the list of comments.
This a a lot of information too late for me i blew a
.11 and in MN the illegal limit is .08
I wish I would not have told the officer I had anything to drink unfortunately my friend in the car with me stunk like alcohol and she went to his window.
@@kgthompson5814 Two 12 oz beers is the limit at a bar.
My biggest take away is to lie. When the cops say how much have you had to drink tonight, say: "nothing".
In NC, refusal to take the breathalyzer test results in an automatic one year suspension of your driver's license.
I've been telling friends and family for years to NOT talk to the police and DO NOT submit to field sobriety tests EVER. I have great respect for the police, but they are not your friends.
i talked to the officers and submitted to any tests they gave me and they let me go. and i had a couple drinks hehe
@@yeeyee52 You were very lucky. Those tests are designed for failure.
@@yeeyee52 Bullshit!
@fiosfiend that is inaccurate. There’s no pass or fail, they are looking for specific things That peoples body do when it is under the influence of alcohol or drug. If those things aren’t present they’ve got nothing. This stuff is all back by years of study and scientifically proven. So yes even at a couple drinks your body may not show those signs because of your weight, what you ate, how much sleep you’ve had and your tolerance.
@@Jesusisking24 Respectfully disagree. I have law enforcement in my family and some friends, they pretty much all admit that those tests are for gathering evidence.
A few decades ago my brother was driving home after his second shift job. He was on a really crappy section of road with multiple potholes. He had to swerve to avoid them so he got pulled over. He passed all the tests so he didn’t get charged. Before the officer left he asked him if he had to swerve to avoid the potholes. The officer said he did so my brother asked him if he was impaired.
Your moron brother is a real hero.
Unfortunately, people watch this after it’s all said and done. Don’t make the mistake of putting your community and yourself in danger by driving after you have had a drink. Good video.
Police are a much bigger threat to your safety and the safety of your community than your average person traveling, per the constitution regardless. This thought that police have the right to exact justice at every turn is insane. Why do cops always say "they have the right" to pull you over and do anything they want, subjectively? I've never seen a cops bill of rights. The RIGHT to demand you obey another man?? That's cowardice to even entertain the idea of bowing to authority. You submit your will to another MAN? WOW.
@@chads551 you just woke up today, thought today would be a great day to troll let me start some nonsense with random people I don’t know 😁👍
@@chads551 Stop whining you puerile imbecile. Obey the traffic laws, don't drive drunk or like an a-hole. The tough talkers like you cuff up immediately and then tell the cop how you should have kicked their a$$. Fake tough guy.
Betaaaaaaaaaaaaa
Great info. Please straighten the picture behind the sofa. Sincerely, Obsessive Compulsive
Are you absolutely certain it's the picture?
Now I can't unsee it.
@@rocketrabble6737 LOL Oh shit! I'm OCD AF, so now I'm rattled.......
the whole camera is crooked
Try putting your glasses on crooked
Thanks for making this information available. You're spot on and basically clarified my presumptions about DUI procedure, but it's really good to know that this is sound information that we can rely on. Hopefully people are smart enough to realize that they should follow your advice to the letter and exercise their legal rights to protect themselves. Good job!
Glad it was helpful! Thank you! :)
I have a question. I never drink or use any drugs. I also know that in rare situations, the breath test at the station can give false positive. In my case, is it better to ask for a blood test? Is it will be far more accurate. The main reason I ask is, my sister and boyfriend have smoked weed in my car, also I do drive sometimes when sleepy
Excellent overview of the risk of DUI with little or no reason other than an aggressive police interaction! As a physician I was always concerned about this after social, business, pharmaceutical education dinners and event consumption of alcohol without impairment! Now that I am retired I have less of these events and my wife and I can be our designated driver.
The attorney here did a great job but want to add more detail: If you get pulled over for suspected drunk driving you must give the officer your driver's license, registration and proof of insurance. The police will ask you where you are coming from or going to... DO NOT TALK TO THE POLICE at all and refuse the voluntary sobriety test and breathalyzer roadside. Police legally can lie to you, YES, that is correct. They can say you are required to take their test,, not true. The refusal for the roadside field sobriety test has no points or fines; however, the refusal for roadside breathalyzer is only a civil infraction of $200, no points. If you get arrested it is up to you to comply with what's called the 'implied consent' for chemical or blood test at the station. The police also must give you the opportunity to ask you if you want your own third party lab to draw your blood, but the police officer also will need to get the same. I recommend to do the breathalizer at the police station after arrested. If you refuse the breathalizer or blood then you can lose your license for a period of time, 6 points, fees & fines, and probably no jail time for first offense. A judge can get a warrant for blood or breathalizer if you refuse this at the station. Attorney may work out a limited license for you to drive with what is called an interlocking driving device so you can work,, shop, or pay bills.
If DWI (DUI) A good attorney will break down the officers DUI training, ask officer, on the stand, to site elements for observing the field sobriety test if one was given then compare to the National Highway Institute for Traffic Safety Association guidelines and police policies . A good attorney will also look up previous police officer discipline to see if any of that can help your case A good attorney will in court give and ask facts regarding the stuff that the driver did well while driving, or at the traffic stop. Here's the thing... The jury needs to be instructed that it is not illegal for someone to drink then drive as long as you are not over the limit required by law. The police are NOT your friend! They want to make arrests! They don't care about your well-being they only care about theirs.
DO NOT TALK to the police without your attorney present, and say that you do not answer any questions without your attorney present.
The police do not have to give you your Meranda rights before you are arrested; however, they do need to read you your rights if they are going to ask you questions that can and will be used against you in a court of law.
If you talk to the police they will quote your words in their citations and use all and everything against you in the documents and in a court of law! I hope some of this helps.
Good advice, your only point I totally disagree with is to take the breathalyzer at the station, NEVER DO THAT!!! It is ammunition for them , You can work out the license issue later. Every competent OUI Lawyer will tell you so.
@@gjpp3239 That’s very true. I had a friend pass the field sobriety test but refuse the breathalyzer. The prosecution didn’t have that key piece of evidence, a chemical test, to prove alcohol was even in his system - and his immaculate performance in the field sobriety test got his dui dismissed by his lawyer.
My friend always tells me: don’t drive if you can’t pass the sobriety test. And if you can pass the sobriety test if pulled over, do it. And if you do pass DON’T TAKE THE BREATHALYZER!! It’ll basically be ur performance as your defense against the cops biased observations.
Of course if you can’t pass it you shouldn’t have been driving. If you can’t pass it decline it and the breathalyzer, that’s your only shot.
@@KronoKing the issue is the sobriety test are not "pass or fail" they are to gather evidence period.
@@mix5460 My friend just got lucky that’s all there is to it. I don’t recommend doing the sobriety tests at all they’re voluntary anyway. You have a better chance at a good defense without that evidence against you. Most people try to fight the results of the tests which is an uphill losing battle.
@@KronoKing don't they get a warrant for blood?
Thanks! Some interesting and good to know information!
So my question is: Why do we give police so much discretion and power of testimony in court, when their position is so easily and commonly corrupted, especially when there is such a high incentive to produce convictions. For reasons not even in line with the intent of the laws them selves, and rather a monetary one as is is ever increasingly apparent.
Easley and commonly? Heard from aunt's sister or ? Maybe ask a judge not a TH-cam how to scam alcohol test and kill somebody while being drunk.
@@Frank-DuxVanDamme ---Hahahah. No need to ask a judge, there are thousands of hours of body cam footage here on TH-cam. You can see for yourself. Watch and you will see that police routinely lie to people they've made contact with in order to get them to incriminate themselves. So the reasoning goes....if they're willing to lie to get evidence against you wouldn't they also be willing to lie in their police report to better ensure a conviction?
People drink and drive all the time. Most make it home just fine. I'm not condoning drunk driving, I'm merely pointing out that if you compare statistics of drunk driving deaths in countries with very little enforcement to the US with hyper-enforcement you'll see that deaths per capita are virtually the same. Conclusion? That hyper drunk driving enforcement doesn't necessarily make the roads safer.
@@Frank-DuxVanDamme YOURE MORE LIKELY TO SURVIVE A CRASH IF YOU ARE INTOXICATED.. LOOK IT UP.. MAYBE THEY SHOULD REQUIRE VERYONE TO DRIVE WHILE INTOXICATED LIKE WEARING A SEATBELT SAVES LIVES.. BEING INTOXICATED SAVES LIVES.. SOBER PEOPLE CRASH WAY MORE THAN INTOXICATED PEOPLE...
@@thothheartmaat2833 when a DUI driver kills your family member, have that same energy. Yea it still happens all the time even with Uber.
@@Frank-DuxVanDamme Simple reading will open your eyes. No need for aunt's sister. It's called 'research'. Maybe do some of that on your own instead of being spoon fed your news by social media. Google "Officer arrested for" and have news story reading for years. The results are accurate without anything related to drunk driving.
Really great advice thank you! That being said unless you are a penniless illegal immigrant driving a car intoxicated without a driver
license or insurance, drinking and driving is never a good idea.
I'd like to add that most people carry their driver's license in their wallets and are easily accessible.
However, be certain to place your most recent proof of insurance card and your latest vehicle registration in an easily accessible, marked envelope in your glovebox.
When you have to fumble around to find this info, officers will note this as a reason to suspect that you might be impaired.
Also, what she states @17:48 is extremely important.
Unfortunately, IF the officer asks you to perform a field sobriety test, he already plans to arrest you. These FS test are entirely subjective and are designed to trick you into failing, regardless as to whether you're actually impaired.
I'm always amazed when I watch TH-camrs getting pulled over that they have no idea where their paperwork is. They start rummaging around for it and sometimes never find it. And today, the trend is to keep your insurance information on your phone. To me, that's a bad idea. I've seen people taking forever scrolling through their phone looking for their insurance. Keep all your paperwork in one location where you know where it is. When the cop requests your paperwork, tell him where it is and then ask permission to reach for it. And make no sudden movements.
I've been allowed to leave after a field sobriety test as has one of my friends. I felt like I passed with flying colors and my friend said she did AWFUL but was still let go because ultimately she truly wasn't drunk so I think the officer eventually realized she was being truthful. Same with me, because I'd truly only had 2 beers over the course of several hours and I'm a large person who's a heavyweight when it comes to substances. Just want to point out first hand experience that it's not a certainty that you'll be arrested if asked to perform the test...though if you know you are maybe a bit over the limit, definitely don't do it then! I understand though that if someone is bad at the test, even if they blow only a 0.02 they may still be charged with a DUI, which that is scary so I don't know what the answer is here except to literally never even have 1 drink when you drive. Just Uber or use public transit to be 100% safe from any LE who may be set on ruining someone's night/life/etc...
@@EastmanEditing , I understand that each person has to decide for themselves. In my case, I don't drink alcohol. Ever! But at my age, my balance is not as good as it used to be and I have bad knees because of old sports injuries. So, even though I don't drink, I wouldn't submit because I know I'd fail. It's my opinion that most DUI lawyers would recommend that you NOT submit to field sobriety tests. But you should do what your lawyer says. Those tests are designed for you to fail. And that gives cops more evidence to arrest you. And even if you pass the cops still might arrest you. If I get pulled over at night and the cop asks me if I've had anything to drink, I figure I'm going to jail. With my appearance, (long hair, ear piercings, facial hair) no cop is going to believe me when I say I don't drink and I won't do any field sobriety tests. I would strongly recommend to anyone that they consult with a criminal defense attorney, one that specializes in DUIs. I've watched a lot of TH-cam traffic stop videos. And I'm always surprised at the misinformation that is posted by TH-camrs who think they know the law during a traffic stop, but clearly don't. Many lawyers offer a free initial consultation. By consulting a lawyer, you'll know exactly what your rights are and how to properly behave to best protect yourself during a traffic stop.
Thank you great information!
So sad to see, this channel does not upload regularly. Comma i'm happy to see a michigan law firm
Great video it’s actually useful don’t hear the hater’s
Thank you for posting this video it was very informative
Thank you so much! So hard to know sometimes!
Thanks for the information though I rarely ever drink it still helps to inform my family & friends
Very informative, thanks for sharing
Thanks for the video! Im trying to learn as much as possible about DUI!
And law in general knowing your rights should be in the driver's ed book. People get there rights abused way too often these days.
Thank you for this video. Not something I have had to deal with BUT great to know
Glad it was helpful!
@@MadanaHurmozguess I’ve been watching too many dui bodycam videos bc this just came up on my recommended list, great info especially about not being a jerk!
I’m in Michigan too! Subbed!
Very helpful. Thank you.
I simply do not speak a single word during a traffic stop. There are no questions that I am obligated to answer.
And no one cares. You still get the ticket and pay it like a good little boy. Why do you think the cop wants to talk to an imbecile?
Everyone needs to excercise their rights every time they have an encounter with the police. If we only use them when we are guilty then excercising our rghts will be the same as an admission of guilt. We must use them or lose them.
This is a very healthy way to approach exercising your rights.
Everyone should remember this - your rights are individual and you have to claim them individually...
Amazing vid!
Well done Ms. Hurmoz.
Thank you!
Somebody called in on me 1 mile from my house. 2 cops showed up and one asked if I would come out and talk. My fiance said go out and talk to him. The other cop ask her if he could come through my house to get to the garage. She let him in thinkin she was doin the right thing. Before I new it I was at the station with a refusel. Now my lawyer is fighting for me .
That’s a damn shame
HI Madana, wonderful video, it was a pleasure to watch. I watched Barton Morris video on DUI and it's garbage. You are clearly more knowledgeable than he is on DUI. One thing I disagree with you on was probable cause to stop you. At 6:57 seconds you stated that an officers observation or suspicion is enough for probable cause to stop you. Uou mean he has seen you commit a driving infraction correct? A cop cannot pull you over for being suspicious or based on sole observation. Also it's beneficial for those to not roll the window down, crack the window so he can hear you, then he cannot say he smells alcohol. They may get mad but you have come this far, I mean if you won't answer his questions he may get mad anyways that's the cops problem. Be polite but refuse is the best advice I have heard. THANKS AGAIN FOR THE WONDERFUL SPOT ON VIDEO. You seem like a great attorney!!
DETROIT PYRO Hi there, thanks for watching and for the kind comments! I’m so glad you found my video useful!
Generally speaking- Probable cause has to be based on something that the officer observed that leads him to believe a crime was committed, a crime is being committed or a crime will be committed. It cannot be based on a hunch. So, if the officer observed someone committing a civil infraction or if the officer observed someone drinking a bottle of wine while driving, or anything that gives him a reasonable belief that the person has committed an infraction/crime, or is in the process of committing an infraction/crime, this is enough to stop a person. Also, an officer might observe something that causes him to believe someone committed a crime ten minutes ago, outside his personal observation, and have probable cause to stop. For example, if someone steals a flat screen tv, but officer Mike doesn’t actually see it, but then five minutes later, officer Mike sees someone carrying a flat screen tv that matches the description of the alleged criminal, officer Mike has enough probable cause to stop. So to your point that an officer has to observe you actually committing a crime or infraction to stop you, that’s not totally accurate.
@@MadanaHurmoz I understand thank you for the response. Love the content!
DETROIT PYRO Thank you!!! 😊
I fell asleep while waiting for the light to change. Is that a reason for probable cause?
Ha🤣
ty Madana you are great!
Some towns do not allow Uber or Lift...
drive a minivan or other nerdy vehicle and you'll never get pulled...You'll ride right past the guys in the sports cars doing the DUI test....
Use lane centering feature combined with adaptive cruise control on your vehicle. It will keep the car centered in the land and control the acceleration/deceleration and even stop the vehicle behind other stopped vehicles. (Yes, it pays to have a lux package on your car)
Once pulled: delay, delay, delay. Most states have a 15 to 20 minute wait period before they can administer a breathalizer. If you cough or throwup during that time, they have to restart the timer. Fake throwup and cough in front of the cop cam.... If they viloate the wait period, the test gets tossed.
My lane centering weaves the car back and forth between the lines far more than a standard person
Basically, if the police officer is behind on his mortgage, he will be motivated to classify you drunk to meet his quota and cash in big.
Dui arrests benefit there careers
Real good honest info. Delivered in a way the average person can understand. Would your advice be the same for a California resident ? P.S. I think the picture hanging behind you is tilted just a little.
I kept noticing that. Crooked picture crooked lawyer ?
I refused a breathalyzer and they took me to jail for DUI and threatened to draw blood but never did. How in god's name would they ever know if I was truly drunk?
did you fight the case? cause thats easily winnable
What if they bypass a breathalyzer (because they don’t have one) at the jail and tell you that you have to do a blood test? 🤦♂️
@@HughJazzTTs I hired no lawyer and payed 500 dollars for wreckless driving lol
So you just appeared in court and pleated not guilty? Or how did you get it changed without lawyer?
@@jacobking4106 hey could you help me out, i am probrably going that route
Also a reason not to talk is so they cant smell your breath and the reason you wait as long as you can to get a chemical blood test is they have to prove you were impaired at the time you were behind the wheel.. you readings will be different on the road vs 1 - 1.5 hours later at the station.
Very knowledgeable !!
Lavinia H Thank you so much!
That was a good pictorial 😊
Great video Madana...that crooked picture on the wall was...well...crooked. Take care of that and keep up the good work.
I was under the impression that you had to take the PBT or you would get the 6 pts. This is good advice. I hope I never need it, but thank you.
they still arrest you.
@@kdlittlehawk I’m not worried about getting arrested, I’m worried about the charges. As she pointed out, they are likely going to arrest you either way you’re just providing them evidence.
Two questions : Why are law enforcement officers allowed to lie and get away with it but if an individual lies to them it’s against the law? If you are not under the influence of any substance, should you still refrain from submitting to the tests?
OK, it's actually NOT against the law to lie or say nothing to a Police officer, BEFORE you're arrested. This will, of course, depend on what state laws you have, (I'm using Texas State laws). I'm not a lawyer, so everything I say is what I was told BY an atty. and also by some retired officers and also on what I've read on our State Legislative websites. Texas is not a "Stop & ID state". In other words, they can't just walk up to you and demand your id, (actually they can try to, but you can't be arrested if you refuse). Now there's plenty of ways they can get around that, and they manage to get supported by prosecutors & Judges, (life sucks I know). As for the officers lying, that is granted to them under special circumstances. Under the Federal Miranda warning laws that give you your fundamental rights, (right to remain silent, & right to an atty, yada yada). Officers, when they detain and question you, can use manipulation to get you to "slip up" and implicate yourself in whatever crime their investigating, they can say, "a witness saw you there", or "a witness saw you do ...", or even "we have your prints/dna at the scene". The only proper protection for you is to stay silent and request an atty. Once you make that request, they must stop the interrogation. There is a youtube video on "10 techniques the police use for interrogation", it's a bit dramatic but gives good information.
Remember that driving is a privilege! It is not a god-given right.
@@patrickconway5771 OK....thanks Cpt. Obvious. 😐
its only against the law to lie IF you are under oath and that goes both ways. And if you truly are not under the influence of anything then you should never be asked to do tests..unless you are having a diabetic episode which are strikingly similar to being drunk.
A privilege from whom? Isn’t this a free country?
Thank for the great advice!
Zena Kassab Thank you for watching! 😊 Let me know if there’s anything in particular you’d like to learn more about!
Awesome info tnx
It’s all bullshit. Impairment IS a case by case issue. If my wife has more than 2 drinks she can barely walk, let alone operate machinery safely. I however, am 50 and have been driving drunk since I was 15. Hell I’ve done most everything in life drunk or close to it: rock climbing, kayaking class 4+ rapids, construction work on 40 foot ladders for years and working on roofs. I can EASILY and SAFELY operate a vehicle, forklift, motorcyle, etc with 6-8 drinks in me. Yeah I hear all of you out there criticizing me. Fine. Whatever. What I KNOW is that I’ve been pulled over COUNTLESS times for speeding (cause I just drive fast) while drunk and NEVER failed a field sobriety text. I’m not trying to justify drunk driving per se, BUT, I am saying that for some people, (like myself) getting a dui for 3 or 2, or 1beer is ASININE! PURLEY FUCKING RIDICULOUS!
For people like my wife, ok I get it.
The problem is this whole zero tolerance with breathalyzer reading above a certain amount. The field sobriety test was fine for DECADES! And I agree with that! If I can’t do that then clearly my ability to safely operate a vehicle is impaired and I would submit to being fined a hefty amount and arranging transportation home and having to pay to have my vehicle towed. That’s punishment enough. HAVING MY FUCKING LIFE RUINED AND MY WIFE LEAVING ME AND GOING TO JAIL AND LOSSING MY FUCKING JOB?!?! FUCK YOU!
This whole breathalyzer shit is a scam to generate revenue; pure and simple.
(And no: I’ve never had a dui or a wreak). So yeah, go ahead and give me shit but think about it: was I just lucky for FIFTY FUCKING YEARS? Or maybe, just maybe, some people have a high tolerance and extraordinary dexterity and dimensional awareness than others?
🤷🏼♂️🧐
The law was .1 BAC in my state for a long time, then they lowered it to .08 back in the 90s, and I hear it's flat zero for CDL holders whether on the job or not, total bullshit. They pervert the pretext of public safety to create a tyrannical racket that takes your money, confiscates property and destroys lives while also making lawyers and other key players in the system rich. Same with the war on drugs. And the red light cameras etc. They're Johnny on the spot when it comes to ways to nail you for crimes they can profit from. But if your car gets stolen or your house gets burglarized, wait and see if the cops do shit about it. No profit for the system in that. BTW in IL about 10 years ago they passed a law that says they can seize a car for unlicensed driving.
What you're most lucky about is that you're still alive because you are clearly an alcoholic.
In wa state, if you feel that that you are too drunk to drive and pull over to sleep it off, do not have the keys in your posession...you are in physical control...i remember a motorcyclist, who was too drunk to drive pushing his vehicle on the side of the rode charged with physical control and arrested...imagine doing the right thing and still charged?
I tried doing the right thing and got arrested last week
You are right use your blinkers go the speed limit less chance of being stopped from the start! Don't give them a reason to stop you!
Another common reason to stop someone is expired tags. You'd be surprised how many people in this country are driving around with expired registration. I usually see one just about every time I go out. Next time you're at a stop light survey the vehicles in front of you. I'll bet you'll be surprised at how many tags are expired. Or when you're walking through a shopping center parking lot. Just for the heck of it notice the plates of the cars you walk by.
Good to know...thank you
She's right, every one metabolizes alcohol differently? Doesn't matter what your size is. Call an Uber...
Truly you know how to do things like this
i.e ABCHACKERS
I bought a small alcohol test kit but stopped using it. Even drinking one beer the alcohol level would soar up to near .08. Anyone who drinks alcohol and leaves a bar is over the limit. I do like seeing the videos of police being pulled over and are absolutely smashed
There are a litany of foods and products that can spike your "mouth alcohol" to fat beyond legal limits. Roadside breathalyzer are inaccurate at best, and aren't even admissible in court yet they are grounds for probable cause? We have let this get out of control.
If you're sleeping it off in your car and you are in possession of the keys, you're getting a DWI. Hide your keys, umm, NOT in the car.
Yep. Walking, waiting for an Uber, sleeping in your car, near your car, thinking about a car, having keys to a car, asking for a ride, OR watching a beer truck DRIVE by. All are reasons to be arrested for DUI.
Thanks for helping. There are people like me out there that get charged for being sober.
Refusal in IL for not taking a breathalyzer is automatic suspension
wow , you covered everything
If you are drunk, do not take the breathalyzer test at the station. Refuse, take the year suspension. You don’t want that on your record. They will probably allow driving privileges for work. If not, drive anyway, but drive cool for the next year.
Most gorgeous lawyer ever? Think so. Great advice. Once detained, cooperate and keep your mouth shut and let your lawyer talk. Don't be bullied by anyone, including cops.
When they have quota's to fill and get a percentage of the fines , guess how that going to work out for you, they will sit and watch wait for someone drinking to leave, when you have a cab waiting for you, they will arrest you for pi cause they seen you in public drunk, small towns definitely count on the tickets given cause there's too much money involved, attorneys, cops and judges are all in cahoots, so most people will pay the fine cause it's cheaper than paying the bill for the lawyer, no win situation
I'll tell you what my friend Remus did when he got pulled over. Now old Remus had been doing some drinking so he knew he was screwed if they gave him the breathalizer or blood tests, and he knew he certainly couldn't perform the field sobriety tests! He knew that every minute he delayed them from testing him, the more alocohol was working its way out of his system! Keeping calm, when the officer asked him where he was headed, he told them he was going to the hospital because he was having chest pains! At this point the cops were getting belligerent and they pulled him out of the vehicle. Well this is when old Remus put on his oscar winning performance! He collapsed to the ground grasping his chest! He then laid on the ground, acting like he was passed unconscious! No matter what happened, old Remus played dead and didn't respond. This made the cops have to call paramedics, and this took about 20 minutes! Then they drove him to the hospital, which was another 20 minutes. Then they got him into the ER and stuff, and futzed around, and got him onto a hospital bed and stuff. Now at this time, he hadn't answered any of the cops questions at all, other than "where were you headed". They really didn't have much evidence to arrest him for a DUI that they could show the court! So they could have pushed their luck here, but in Remus's state, the cops couldn't order a breath/blood post test which can only be ultimately given POST ARREST. They decided they didn't want to push their luck and left the hospital. Old Remus slept off his drinking binge and called me for a ride to go pick up his car the next morning!
The man, the myth, the legend
This was great. How to I find out what the laws are for Georgia and Maryland?
The sobriety tests are really difficult, and are designed to trick you. For instance, if you have to count you have to say “1 one thousand, 2 one thousand, etc” instead of the more common way of say it “one thousand 1, one thousand 2, etc”. Never let them search your vehicle even if you have nothing to hide. Most cops are good people, but not all.
Great imagination. If they were, why does every state in the US accept them. The police didn't create them either. They've been challenged hundreds of time but you know more.
You forgot to mention for behavior, driving at night without headlights, drunks forget to turn them on and don't notice that they can't see where they're going. Also, in FL if you refuse to blow on the breathalyzer you automatically lose your license for a year. It's printed on your license. It says, "Operation of a motor vehicle constitutes consent to any sobriety test required by law". The law should be that if the cop lies to you the evidence is not admissible. Even though I'm in FL, thanks for the video, I think I got the key points.
You can get a DUI in New Jersey without a vehicle stop. No vehicle needed ! Arrested on one charge ( minor/dropped) and charged with another that never happened. If you admit to one drink they will hold you for hours till blood content goes over limit. Heroes my ass. 47 years of driving no arrests/dui/insurance claims !
I looked it up for my state, and that doesn't apply to the roadside breathalyzer in my state, although it seems like they've gone out of their way to bury that fact. I'm not sure if Florida is the same.
But you should highlight that ".......test required by law" That the key part.
Their's a catch 22, no law in the state of Florida requires sFST/FSE to begin with.
True statement - the law attaches when you operate a "motor vehicle" the question is - are you actually operating a "motor vehicle" ?? The answer is NO unless your using you automobile to make money on the roads. The term "motor vehicle" or "vehicle" are terms of art [read as - a term defined in law] and unless you are using your automobile in a manner regulated by your state you are NOT OPERATING A MOTOR VEHICLE and none of the "motor vehicle " statutes can attach to you simply because you are not operating a motor vehicle. Check out the federal defi edition of motor vehicle at 18 USC section 31. You will see that a motor vehicle is defined as being used for commercial purposes... since federal law trumps state due to the supremacy clause in the constitution of the United States - this federal definition is binding on all the states..
@@jth1699 Unfortunately, as far as I have been able to determine, that argument has never held up in any state in the US, even in Texas where driving with an open container of alcohol in the passenger compartment is legal - or at least it used to be.
I just recently got pulled over for aggravated DUI I submitted to everything they wanted I wish I had seen this video beforehand because I did not know these things. I have a court appointed lawyer is that going to be helpful enough for me? I also lost my job due to being arrested.
This is an interesting and one of the most informative videos on this subject that I have seen on the internet, thanks.
If given the choice as to whether to take a breath test or give a blood sample at the station, which one would you advise one to take?
She said the breath test but at the station, blood sample is much more stronger
Neither
@@jacobcisco7059 Refusing Breath, Blood, or Urine tests can get your license suspended. If you live in Texas, it will be for 6 months.
In Colorado a small town is making false DUI in order to get grant money. A pilot is suing that police department because he did not drink.
This should be taught in schools. Every cop and judge here in upstate NY when they get caught refuses everything.
Basic civics.
And basic rights as well!
MI still has a 0 tolerance limit set at the lowest measurable point. A malicious double-standard with alcohol's limit. Considering so many cannabis consumers. Then can people busted on faked DUI training, qualify as a class for a class action lawsuit in Michigan?
I don't think I can recite the alphabet backwards even if I was NOT drinking!! haha
Oh trust me, me either! But this is how they get you!
@@MadanaHurmoz no it's not
part spelled backwards
Your intro should be sufficient to cover everything. Well said.
Great video but how much do laws regarding roadside refusals vary from state to state?
In Ohio you automatically lose your license for 30 days if you refuse a sobriety test. BS I know.
I learned the hard way that refusal to take the breathalyzer test in NC, results in an automatic one year suspension of your drivers license.
Did you still receive a DUI? If not & I don't drive/ride drunk but I'd take a 1 year suspension over a DUI any day of the week.
@@lifeon2wheels837 hell yea I refused everything and I'd rather a license suspended than anything else
@@NB-ir1me I don't drive drunk but if I ever did, I'm with you 100%, I'm refusing everything.
Here's my dilemma. I don't drink alcohol, EVER! I'm a lifelong asthmatic, who suffers from chronic bronchitis, so I've never smoked anything. But if I get pulled over in NC, the cop will take one look at me and assume I do all of the above. And my California license plate probably won't help me. So what do I do? Do I take the breathalyzer and hope it works properly? They are notoriously unreliable. Or refuse and and deal with possibly losing my license? Can NC take away a California license for refusal? I'm planning an extended road trip later in the year. NC is one state I'll be driving through. I will be consulting a DUI lawyer before I leave home to get as much specific information as possible.
Enjoyed your video...i was stationed in the soo jan 69 to jan 72 loved the UP experience...brought back pleasant memories...thanx
Hey Madana, what if you got into an accident and it was your fault. Then after the cops came he decided to cite you for failure to maintain lane and dui less safe? He said I smelled like alcohol and asked me if I’ve drank and I did say I drank wine (which is true, but this was before your video). I did actually have a glass of wine hours prior to driving. He never asked me to do a test and I never got arrested. This is in Georgia and I’m originally from Minnesota so all the roads are dark and I just ended up in the middle of nowhere and unfortunately got into the accident. How likely do you think it is that I can dismiss the dui less safe charge? I’m a realtor and it could really ruin my career.
Literally my same problem. Anyone know?
If a misdemeanor dui is the only thing is the only thing on your record you’re better off than most, and no it won’t ruin your career. Idk about Georgia but in Minnesota relatively recently they created laws to be able to have dui convictions expunged after going through their new process for that. Even some felonies too if you can prove you have been changed.
@@Speedster189 Thankfully they dropped it because it was baseless, but thank you!
FIRST: I tell you what I tell my clients: "KEEP YOUR F***ING MOUTH SHUT"....except to say: "I'm not going to talk with you pursuant to my 5th Amendment rights." Second, despite having given this officer all the "reasonable suspicion" he needed, and likely a good helping of "probable cause" because you talked to the cop, are you saying he didn't actually test you or give you ANY breath test? Without physical proof of intoxication, you have a lot of bargaining power with the prosecutor.
You don't have to turn your car off like she said. At night it helps to keep it running while you keep your headlights on for safety. Then if the officer asks you to turn it off, you can ask if he also wants you to shut off the lights as well. Also, you won't always get arrested for refusing to take the tests. You probably will. I just a kid stop taking the test because Harvey Freebird told him behind the camera that he doesn't have to. The police let him go home.
Omg, i have a court day after 6 hours. I remained my silence by flipping a bird to police officers 😬.. I don't wanted to, but i got mad because of the another driver who caused an accident and called police after we got off the hwy. Only me and my car is damaged. When police came and I started explain what happened, they started asking me too many questions like if I've been drinking. I thought they were going to help me and my car, but instead of that i got really mad, I told them that they have a body camera and don't want to exchange anything with them. Today I'm going to hear about my bac results
Nicely explained, Audio volume could have been bit higher. Thanks
Turn your phone up lol
I got out of a drunk driving charge each of the four times that I was the victim of a drunk-driving investigation. I didn't however do everything similarly to how you said to do them. For example, more than one of the times I answered no to having been drinking. At least one such time I was asked again, perhaps even a third time before I attempted to get a police officer not to ask again. I should perhaps refuse to answer with something like that I don't want to have to respond to an unfair question, but probably not if I have passengers with me who might pay a price if I insist on invoking a right.
It’s really very very simple. Don’t drink and drive. Works every time.
I would just like to comment to be MINDFUL of your state laws. Some states require you to submit a breath sample into a PBT which is backed up by implied consent laws when you obtain your driver's license. In my state, its a misdemeanor (arrest-able offense) as well as one year revocation of your license if you refuse.
Absolutely. Every state has different laws and this information only applies to Michigan. Thank you for reiterating this very important point!
i agree but sometimes it does en work on a Black person if i submit to something at the police station an fail to give it to him is my wright taken away from me ?
This video gives me the confidence to drink and drive
😂 don’t do it! I just got out of jail this afternoon for DUI! I did the field test clearly I wasn’t the best when your two three beers in on an empty stomach and nervous 😬 you can look like a fool regardless I took the first test then they arrested me didn’t read my mirandan rights and when I got to the jail I refused to cooperate any longer because I knew for a fact that I was gonna get fuxked over. So he came back without explaining to me that if I don’t do it my license will get suspended. When he came back and told me that I lost my shit! Got thrown into an isolated room till 9 am. Not cool dude
Thank you
6:03 I never use substances of any kind, but I got pulled over a couple times for possibly being under the influence because I was taking it extra-easy with my speed on a foggy and/or dark road, and so the cop thought I might have been drunk/high "because going noticeably slower than normal is sometimes what intoxicated people do." Fortunately the cop was reasonable in both cases; once he learned that I was totally sober and had merely been being super-careful for the road conditions, he just said, "Okay, I see that you're just being extra-cautious, and I'm certainly all for driving safely --- you have a good evening, Sir."
Had you been going the speed limit they would have pulled you over for driving too fast for road conditions
Have so much to say but will go on a rant. I am 100% positive that I was used to meet quota. Meanwhile, this has drained my entire savings account, cost me my job because no one knew where I was for four days, and I never received a phone call, which is mandatory… I hate to sound like I am “blame shifting”. Ever since I got a bad speeding ticket that was able to be lowered, thanks to my lawyer and taking a bunch of classes, I have never gone five over the speed limit and never would I drive if I feel like I could not. I was pulled over on a holiday weekend… Stupid Canadian me forgot it was memorial day weekend… I drove an hour to the city and never been to for a first date… The bail bond person said that cops literally wait outside there to catch people leaving that place… Within minutes of leaving I was pulled over. My tail light was out. I literally had an appointment the next week to get it fixed. She asked if I had been drinking. I said oh yes, I am just coming back from a date and we just had a drink. Within an hour I was put in solitary for days, sleeping on a dirty floor with no water, no one came to check on me. I saw people through my little slot that looks like an envelope slot, but behind this big steel door that people were getting wheeled out in wheelchairs, who were totally fine the day before. It was wild. I was not allowed one phone call. I never was aggressive to those working there as I know better. I was only kind, calm, and compliant. The first thing the officer said who looked about 21 years old when I was being booked was how many did you get today. Also, there were some Senior people that came to check on us in the room because I know, for a fact, they felt something was going on. I would love to see body, camera footage, and CCTV footage of everything. I am so solid on the fact that I will come back for that when I have money to bring that stuff to light. It was wild and I was treated like I had murdered somebody. I was not even allowed to shower for four days and did not get any rec time. Also, I was told many times that I would get to see the nurse and she could give me my antidepressants that I have been taking for 20 years. I have the medication with me and my doctors number is on there, etc.… I felt like they wanted me to go insane in that small solitary space For days, not knowing if it’s nighttime or daytime. I asked when they think I’ll be able to make a phone call, and they said well we are really busy right now it could be until your trial date… That would have been almost 2 months away. Also, I could have bailed myself out that day. It was only going to be $200. The only reason I could not do so was because of that county, you need a cosigner or a witness whatever you call it to be there and then you can leave with them. Part of my poor grammar. I am talking to text. Last thing I want to say is that the officer put that it was an aggravated DUI. There was no one else on the road. I did not skip a stop sign or speed like she wrote down and said I did. After I asked her if I could see footage of that she Took off that I was speeding. I know that this will never work out in my favor and will be a waste of time… But I was an athlete for 18 years and Olympic bound, etc.… That was my identity and now this is the first thing that shows up. Lastly, lastly… The person that was my angel and came to my rescue told me that she never goes to this level of the prison and it is by the grace of God that she was up there that day and within 30 minutes I was discharged. Even she seemed flabbergasted. She was, the most high up there as well. I had bruises for days from sticking my forearm out that little slot. They never gave me my inmate ID number and even when I used it to call when I was getting out it was not valid. The Sgt. had to use her own way of me being able to call. Goes to show that, it was so corrupt in there. Also, I forgot to include the fact that… Probably saying too much… However, I also think that my treatment was in part due to the Sgt. that formerly worked in the county I live in who was found guilty via internal investigation for XYZ, domestic violence cases, and being sexually abusive and coercive… Forceful… Etc. My mom ended up being the whistleblower because she went through my phone… A year or so later I got this letter from the police department saying that he was found guilty and they were very sorry and that he was let go from that department. Lo and behold that Sgt. was now employed at the county an hour away at that exact jail that I was in. When I sat down in one of the rooms, the first thing one of the Young officers told me was how do you know Sgt. XYZ? Turns out they work closely with him. I have never been so scared to be so helpless in that cinderblock tiny, solitary cell in which this big big woman who was convicted of, serious violence, almost killing her partner again was shoved in my cell. I did a little research and I found out that there has been multiple times that people have died in this jail in unexplainable ways. Just a couple months ago, that underground dungeon I was in was shut down and they moved everything over. Wild. I feel like I could write a book on this I don’t have 4000 or $5000 to get my face off of Google. It is the most unfathomable experience. I think I’m still in shock nine months later. I just cannot stress enough how corrupt it was in there. I would be all for having that ignition interlock device in my car for two decades, rather than go through all of that, be $10,000 in debt and lose all my savings, etc.… Getting a job is a whole other story as I have my masters degree. The woman who pulled me over was genuinely out for blood is my point and where I was at is a very messed up county to be in. I am talking to text like I said, and I’m sure my vernacular is way off.clearly I don’t have money for therapy or help type thing… But it’s very shameful, disappointing, and the amount of hatred one has for themselves after this is extremely heightened, even if it was high before.
I never drink and drive. Hence, my answer always has been and will be, "Officer, I haven't been drinking; I don't drink." Regarding FST's, my answer will be, "I am refusing these tests based on my 5th amendment rights. Those tests are too subjective and unreliable anyway. If you have a roadside breathalyzer test, I am willing to submit to that."
Do you handle dui cases in Rockledge Florida??
What if you were read information after being arrested and the “new” women officer states,” if you fail to submit the breathalyzer, blood or urine you will automatically loose your lisence. “ BUT you explain you will do breath or urine but have not and can not do a blood test due to the trigger of past drug use. (9 1/2 years later never had needle used since active using. The male backup for trainee says no it takes too long /too much. You can do the blood. “ is it still consider noncompliance if your willing to take 2 out of 3 tests for a logical and medically noted history?
I never thought of a cop's job as "to keep people safe". I thought it was to 'arrest people and put them in jail. Someone to be feared and avoided.
Wondering since you said Michigan law, is this how you should handle the police in all states? I am Wisconsin.
I have not had an alcoholic drink for several years and I do not drink, so I will not agree to a sobriety test. I do not drive while taking any medication that may cause drowsiness, etc.
Are the police suppose to body cam or dash cam these tests on film vidieo
Found you by accident lol but loved the info your funny- do you know if in Florida do you have to get out of car and submit to field tests? Also can you practice in Florida lol
In Norway you can lose your license forever and the fines are expensive.
Best video I have ever seen on the subject. Too bad you are not in California
Because of a glitch, when I went to change my license from FL to MA, I did not have my FL license to gave them to cancel, so they issued me a valid MA. License, so basically I have two valid licenses. My MA license was suspend when arrested for a DUI in Mass for 30 days, I may loose it for longer my trial is next week. I spend winters in Florida, can I drive in that state only with my valid FL license if my MA. License is still suspended ? Am I taking a chance? I am aware of the DLC Agreement , will that follow me to FL EVEN if my FL License is valid? Please advise!
you should check the status of your license in florida before you assume it's still valid. In my experience, its probably going to be suspended in florida as well since all the motor vehicle departments are connected. It took 6 months for the california dmv to send me a letter to find out my license was suspended 6 months earlier, so I was driving on a suspended the whole time not knowing it. So just check before you find out by getting arrested.
please do a video on recording an officer as evidence to be used in court
Thanks for the suggestion! I'll definitely add that on my list of things to address :)
@@MadanaHurmoz I liked your video. It was easy to follow and understand. I am curious about something?? I don't drink very much but I like to smoke weed. If I have weed in my system but am sober or it's been many hours since I smoked can I still get charged if they find weed in my system but am not feeling the effects to a great extent?? Pls explain to us who always have weed in our system but not always stoned behind the wheel
Depending on your state’s laws, you could be found guilty if there’s marijuana in your system. In Michigan, you certainly can.
I was wondering something I live in Md. but I’m hoping you can answer this? What happens if a cop stops you, when you are handicapped having had many surgeries that prove you can not do the leg tests for sobriety. How do they handicap people? I know you don’t work in my state but I was curious if u can answer.
I can’t answer for another state, but in MI, if you tell the police officer that you have a disability that precludes you from taking that sobriety test, he would have to use something else to find probable cause that you are drunk. Good question!
Thank you for your information I was recently pulled over and I had a drink one drink but it was a mixed drink I was 1 mile from my house heading back to my house and I had that drink with me it was half gone I I was not planning on driving I was asked by a friend to do a favor and I could not refuse so I made it happen and I ended up getting pulled over and I end up getting arrested so here I set all broken hearted tried to shit but only farted LOL Seriously though this shit sucks thanks for your advice
One thing I would add to this. I would refuse the BAC machine at the station, and insist on a blood draw. That usually takes a fair amount of time, during which your BAC, if you had been drinking, will slowly go down, possibly below 0.08, which will help your case.
If an officer asks you to get out of the car you can also ask if it is a request or an order. Perfectly fine to decline a request.
Yes, seen that happen a few times.. the request is denied.. then they order you.... It is nonsense. It is a Terry Stop then and since you committed a vehicle infraction, they have the right 100% of the time to ask you out of the car and pat down the outside of you cloths... Thats why rolling your window down 1/4 of the way is a good way for them not to argue and just tell you to get out of the car... Police do not say " I am requesting" the say " Sir, step out of the car" that is all they have to say... they do not have to answer if it was a request or order.... If they say " Step out of your vehicle" IT IS A LAWFUL ORDER and if you dont, they can place you under arrest for obstruction without saying anything else.... Silly games get you arrested. If they say get out... get out... get out is not a request and they do not have to answer your question if it is a request or order... Get out of the car is an order..
We learn this when a parent says.. "dont let anyone in the house when I am not here"... A child knows this is an order.. we dont ask if it is a request.
Police DO NOT have to answer your question... they told you to get out... If you don't, you just obstructed justice. TERRY STOP
@@robertwadas Incorrect bud. Read up shit and stand up for your rights once in a while. 90% of the time police ask you to do something its a request and not a lawful order. That includes when they say its a lawful order. You need to verbally ask these things and the police can answer or not answer. You they can force you to do just about anything but if you dont play it smart you cant sue them for violating your rights. And technically no police cannot ask you to get out of your car for a traffic violation. Police can only ask you out of the car for police safety. They can claim that just about any time but if you ask why and they say because I said so that is not a good enough answer and its an unlawful order at that point. You sound like a bootlicking child so I would not expect you to do any sort of high level thinking.
This is very informative! Do you have a good resource or link that we can refer to regarding the law with DIUs in other states?
Renee J Thanks so much!!! Unfortunately, I do not. Every state has different laws, and there’s really no way for me to vouch for another person’s page or a link because I wont know if it’s good information or not! Are you from Michigan or do you live in another state?
@@MadanaHurmoz I live in another state, and was curious to know about the law where I am. Do you think it would be similar? I am a law student and am learning a lot from your page so far. Your rhetoric is admirable!
@@reneej2488 That's awesome, I really appreciate the feedback! I've got a list of topics I'm going to address, and I'll be making one geared towards law students, so be on the look out for that one! As for whether the law would be similar in your state, I really can't say. Certain areas of the law are VERY particular to the state and you'll have different laws, whereas others may be similar across state lines. The best recommendation I have is to speak to an attorney in your jurisdiction. I wish I could be more helpful on this!
It’s one universal for all the states. And that .08. And .04 for commercial drivers. That’s the one constant. Hope this helps.
@@MadanaHurmoz That's not fair. The laws should be the same across all states. Otherwise, why are we calling this the United States? It is not.
Nice video
I also want to point out that I was not allowed to wear my glasses, I told him I’m blinded by bright lights, and the lights were purposely on highbeam right on my face, and I was wearing heels that I had never worn before, and she did not let me put on the converse I had in my car or the glasses I need to drive in my car. I told her I have several scoliosis and I have doctor documentation saying my walking is impaired. I could go on and on about what happened that night… But in my gut, I knew that something was wrong. Not once did I resist, not once did I not do what I was told to do. I felt like I was conversing with them in a room just like you would with anyone else. And really, I know that those upper folks like I said that continually checked in to make sure if everything was going okay checked in because maybe these folks were being a little fishy in the past. They both looked about 20 something years old. Now I am going off on so many different things and I need to stop thinking about this stuff. It’s not going to get me anywhere and the only way is forward.
What happened?