iPhone 4 Launch Road trip and Drinking Alcohol...Advice

[BForstall]

Haha, they just want to have a good time... and I\'m totally a believer in the \"you don\'t have to drink to have fun\" thing but seeing as how it\'s going to be 8 hours just driving there and back they thought it would be fun.

Understandable. The alcohol is best saved for after you\'ve gotten home from picking up iPhone 5. Then there won\'t be any legal troubles.

 

[Geckotek]

Honestly if I got a DUI I would challenge it and probably win... My argument would state how I realize the laws and must reap the consequences of what was done wrong open container, speeding, etc... but no hard evidence of me being UNDER THE INFLUENCE which is what a DUI is... also, at the scene I would request he let me blow to prove it.

Sure, if it were a jury case. But instead, you have to hope for a sympathetic judge.

 

[BForstall]

Honestly if I got a DUI I would challenge it and probably win... My argument would state how I realize the laws and must reap the consequences of what was done wrong open container, speeding, etc... but no hard evidence of me being UNDER THE INFLUENCE which is what a DUI is... also, at the scene I would request he let me blow to prove it.

Fine, you could challenge it, etc, etc, etc. This thread is now 4 pages long with what ifs. By not having booze in the car, you have to worry about none of that. I think you said you\'re not going to let them drink, if so good for you.

 

[EstrlM3]

Because it was already stated and you either failed to read it or chose to ignore it.

A cop can give you a ticket for whatever they want with no grounds at all. It's up to the prosecutor to make it stick.

You want me to post some facts? Here's some more about underage DUI in Florida:

you are not comprehending the facts. A cop cannot just decide to give someone a DUI for no reason, it is not like a ticket for speeding.

An officer needs proof that someone is under the influence open containers in a vehicle absolutely does not equate to drunk driver.

You cannot receive a DUI if you were not drinking. it's that simple.

 

[0186279]

You should just have them drink THERE. At a bar or something.

 

[BForstall]

you are not comprehending the facts. A cop cannot just decide to give someone a DUI for no reason, it is not like a ticket for speeding.

An officer needs proof that someone is under the influence open containers in a vehicle absolutely does not equate to drunk driver.

You cannot receive a DUI if you were not drinking. it\'s that simple.

Yes, you can.

http://www.phoenixnewtimes.com/2008...-for-dui-without-drinking-a-drop-of-alcohol/2

She was arrested for DUI...not charged, but still, yes they can just decide that you are commiting a DUI.

 

[s0vereignT]

You should just have them drink THERE. At a bar or something.

Best suggestion so far. It's New Orleans...

 

[EstrlM3]

Yes, but there is still a ticket written. Either way, the cop can choose to handle it however they like. It will be up to the courts to make it stick.

And as mentioned earlier, a minor driving with others in the car drinking....case closed. This isn't a jury case, it's a judge that will decide that it is very unlikely that a minor did not drink in this situation.

As mentioned earlier

I'm a cop and here's how the law works. First, any open container, even empty ones in a car are illegal while the vehicle is in operation. Second, as the driver of the car, you are responsible for anything found in the vehicle. For example, if a cop searched the vehicle and found drugs hidden underneath the back seat, you alone would be responsible. The same goes for alcohol in the vehicle. Third, as a minor, you don't need to be passed the legal limit to receive a DUI. ANY AMOUNT OF ALCOHOL will result in a DUI if you are a minor. Therefore, with your friends drinking, the officer has reasonable suspision that you at least took a sip, therefore you will get charged with a DUI. Probably not a good idea. I would make the trip with no alcohol if I were you.

But you certainly need to be over .0 No where does this say or even imply taht you can get a DUI from simply having open containers in your car. why do you keep stating well the cop said this or that. the cop doesnt seem to support your argument either.

 

[125037]

Yes, you can.

http://www.phoenixnewtimes.com/2008...-for-dui-without-drinking-a-drop-of-alcohol/2

She was arrested for DUI...not charged, but still, yes they can just decide that you are commiting a DUI.

Yes and it was all madness.... They didn't "knowingly" know she was at 0.0.... the article says... Did you just read the article title? It doesn't say anywhere that just because they can charge you with a 0.0.

It just turned out to be a mad, crazy situation.

In total, five cops reported to the scene. (Nice use of Mesa's tax dollars, eh?) And not one of them did anything to stop the madness. Not one of them noticed that the woman they were arresting was as sober as an undertaker.

 

[EstrlM3]

Yes, you can.

http://www.phoenixnewtimes.com/2008...-for-dui-without-drinking-a-drop-of-alcohol/2

She was arrested for DUI...not charged, but still, yes they can just decide that you are commiting a DUI.

interesting,

Detective Steve Berry, a spokesman for the department, tells me that by refusing the field test, Heather Squires "forced" Gonzalez's hand.

but not quite relavent to being arrested for DUI while blowing .00 as she refused to take the test, which is an arrestable offense. and i haven't said otherwise.

 

[BForstall]

1) This needs to 404 already
2) This probably goes in Community discussion/ social issues/ whatever or, more ideally the wasteland
3) Whoa! I just heard a turkey outside

 

[Hellishness]

I\'m (hypothetically) going to be a getaway driver tomorrow. Do you guys think I\'ll get in trouble?

Point taken.

 

[Geckotek]

As mentioned earlier

I'm a cop and here's how the law works. First, any open container, even empty ones in a car are illegal while the vehicle is in operation. Second, as the driver of the car, you are responsible for anything found in the vehicle. For example, if a cop searched the vehicle and found drugs hidden underneath the back seat, you alone would be responsible. The same goes for alcohol in the vehicle. Third, as a minor, you don't need to be passed the legal limit to receive a DUI. ANY AMOUNT OF ALCOHOL will result in a DUI if you are a minor. Therefore, with your friends drinking, the officer has reasonable suspision that you at least took a sip, therefore you will get charged with a DUI. Probably not a good idea. I would make the trip with no alcohol if I were you.

But you certainly need to be over .0 No where does this say or even imply taht you can get a DUI from simply having open containers in your car. why do you keep stating well the cop said this or that. the cop doesnt seem to support your argument either.

There, fixed that for you.

 

[EstrlM3]

1) This needs to 404 already
2) This probably goes in Community discussion/ social issues/ whatever or, more ideally the wasteland
3) Whoa! I just heard a turkey outside

lol because your article failed?

Yes this thread is OT and should be locked but don't get upset about it. Just having a lively discussion its fun

 

[BForstall]

lol because your article failed?

Yes this thread is OT and should be locked but don\'t get upset about it. Just having a lively discussion its fun

No, I\'m not upset that my article failed...it was a DUI charge without breathalyzer or drinking...w/e...I\'m just saying this was a terrible place to put this thread lol

 

[BForstall]

Point taken.

No hard feelings

 

[EstrlM3]

There, fixed that for you.

omg really? if the officer has reasonable suspicion then they will give the drive a field sobriety test and a breathalyzer if he blows .00 he will not get arrested.

And if he doesn get arrested you better believe he will be gettiung a hefty lawsuit settlement for harrassment.

an officer cannot simply assume that the driver is drinking and arrest him, the driver has a right to take a breathalyzer test or a blood test. It is NOT the officers choice.

 

[SexyBeast]

A DUI on what grounds? if you blow .0 there is no way an officer could possibly charge the driver with a DUI. Is it guilt by association with the passenger? lmao.

if he did blow something anything (even .01) yes DUI. but otherwise im very skeptical? can you link something that says otherwise?

Any of you bimmer guys on bf.c or e90post? etc?

For a minor, any actual or presumed use of alcohol will be charged as a DUI. The officer can safely presume that the minor has had alcohol even if be blows a 0 because of the open containers in the car. The minor would get charged with possession of alcohol if the containers were closed and no one over 21 was in the car to take responsibility for the alcohol. You can google the penal code. For an adult, the breathalizer and DUI road side tests are just things used to prove the offender is under the influence. An officer can still charge for a DUI if they feel after the breathalizer and road side tests that the offender is under the influcene. It's hard to prove, but I've seen it done. As for this particular guy's situation, it's a slam dunk for the DA. Open container + drunk guys in car = reasonable suspision for DUI. If you still don't believe me, when you go through the police academy let me know or just ask any other cop, he'll agree with me.

 

[125037]

lol because your article failed?

Yes this thread is OT and should be locked but don't get upset about it. Just having a lively discussion its fun

It is kinda fun but I don't think there is anything wrong with it. We are still trying to debate how someone can possibly be charged with DUI at a 0.0. Also, I have gotten some very helpful info (after sorting through all the trash). There is def gonna be 0 drinking now though, haha.

 

[EstrlM3]

No, I\'m not upset that my article failed...it was a DUI charge without breathalyzer or drinking...w/e...I\'m just saying this was a terrible place to put this thread lol

it wasn't a DUI charge it was an arrest because she refused to take a breathalyzer, preliminary name is DUI as is any arrest when someone refuses to blow.

 

[BForstall]

It is kinda fun but I don\'t think there is anything wrong with it. We are still trying to debate how someone can possibly be charged with DUI at a 0.0. Also, I have gotten some very helpful info (after sorting through all the trash). There is def gonna be 0 drinking now though, haha.

Good. 0 drinking is the way to go. Why bother with all the drama of being pulled over if an unmarked vehicle sees the bottles, etc...it\'ll just suck all around.

 

[EstrlM3]

For a minor, any actual or presumed use of alcohol will be charged as a DUI. The officer can safely presume that the minor has had alcohol even if be blows a 0 because of the open containers in the car. The minor would get charged with possession of alcohol if the containers were closed and no one over 21 was in the car to take responsibility for the alcohol. You can google the penal code. For an adult, the breathalizer and DUI road side tests are just things used to prove the offender is under the influence. An officer can still charge for a DUI if they feel after the breathalizer and road side tests that the offender is under the influcene. It's hard to prove, but I've seen it done. As for this particular guy's situation, it's a slam dunk for the DA. Open container + drunk guys in car = reasonable suspision for DUI. If you still don't believe me, when you go through the police academy let me know or just ask any other cop, he'll agree with me.

So you are a police officer and in your professional opinion, you would arrest a minor who blew .00 and attempt to charge them with DUI for simply having open containers?

I understand there are laws being broken for underage posession etc no one is arguing that fact.

"You have seen someone charged and slam dunked for DUI with field sobriety test pass and a breathalyzer result of .00"

?

 

[Geckotek]

For a minor, any actual or presumed use of alcohol will be charged as a DUI. The officer can safely presume that the minor has had alcohol even if be blows a 0 because of the open containers in the car. The minor would get charged with possession of alcohol if the containers were closed and no one over 21 was in the car to take responsibility for the alcohol. You can google the penal code. For an adult, the breathalizer and DUI road side tests are just things used to prove the offender is under the influence. An officer can still charge for a DUI if they feel after the breathalizer and road side tests that the offender is under the influcene. It's hard to prove, but I've seen it done. As for this particular guy's situation, it's a slam dunk for the DA. Open container + drunk guys in car = reasonable suspision for DUI. If you still don't believe me, when you go through the police academy let me know or just ask any other cop, he'll agree with me.

Thank you.

I love it when people try to pick apart the law to their advantage so they can get away with nonsense like this. Usually blows back up in their faces when they end up in jail and/or court. Even if you win the case in the end, your a looser for putting yourself in the position in the first place.

Stop giving this kid excuses to make a bad decision. He should know the worst case scenario, not what he could or could not argue in court after his trip is already ruined.

And OP, you think you're smart for posting this question? If you were really smart you wouldn't have needed to. But glad to see you've come to the correct conclusion.

 

[staccato83]

Never, EVER drink and drive. Period.







Only drink at the stop lights.

 

[BForstall]

So you are a police officer and in your professional opinion, you would arrest a minor who blew .00 and attempt to charge them with DUI for simply having open containers?

I understand there are laws being broken for underage posession etc no one is arguing that fact.

\"You have seen someone charged and slam dunked for DUI with field sobriety test pass and a breathalyzer result of .00\"

?

The law is different in each state...what about being charged with intent to distribute without actually distributing? You\'re right about my article, btw.