Re: Alcohol Content

[Andrei Talalaevskii <andrei@insti.physics.sunysb.edu>]

> 
> On Wed, 26 Aug 1998, Andrei Talalaevskii wrote:
> 
> >Disclaimer: I, personally, never drink more than law allows but heard
> >many stories about people who had a drink or two but police reports
> >stated BAC so high that would leave anyone unconsciousness....
> >...Once, when stopped for speeding and having no drinks for
> >at least a week prior to that, I was pulled out of the car and subject to
> >humiliating sobriety test (ABC, ZYX, one foot standing, etc.). Cop
> >claimed that he was smelling alcohol from me! I had to comply, 
> >because by that
> >time I have heard many stories about police reports with very surprising
> >results of chemical test.

On Wed, 26 Aug 1998, Lyle Pratt wrote:
> 
> If pulled over and you doubt your own sobriety, refuse to walk or blow.
> When asked if you've been drinking, reply , "Oh, none of that, none of
> that, sir." and compose yourself... refuse to blow...

In New York State you can refuse to get involved in these Alphabet/touch-
your-nose-quickly-with-a-fingertip humiliation. You can also refuse to
discuss the number of drinks you had (Although only real criminals are
advised of their right to remain silent unlike common people who pay
for the system to work. They ask you, why do you think they stopped you
and can use your answer as additional evidence in court). You even may lie
that you had just one drink or none (roadside is not a court-room) but YOU
CANNOT REFUSE TO BLOW. The fine for refusal of Chemical test is similar to
DWI! And you can never be sure that chemical test results would not be
falsified. That's why I complied and told the cop the alphabet in reverse
direction, followed his pen with my eyes, etc. 

> Get a cracker jack attorney, and you might get the whole thing
> thrown out (self- incrimination, etc.)  At all stages be polite,
> cooperative, and composed.

Possibly, with the  lawyer, falsified test can be contested and cracked 
but it will be a lot of hassle, money and moral discomfort of paying to 
this system that gives you two no win loose-much/loose-very-much 
alternatives.
> 
> This is apparently the way to go, at least in Montana.  My only other
> experience is in Wisconsin where people apparently drink and drive
> simultaneously, and the police don't seem to care or notice.  Long, rich
> tradition of beer drinking there.  Well, maybe just long.
>
I've noticed the same phenomenon in Bavaria, Germany. I had an impression 
that in Munich half drivers on Sat. night were drunk. It didn't result in 
increased accident rate. Probably same reason, the presence of drinking 
culture not killed by vulgar attempts to fight alcohol by stupid methods.
 
Again, this is not to support drunk driving. This is just a desire that
this problem (along with cell-phones in cars, reasonable speed
enforcement, etc.) was treated in civilized way which also gives much more
positive results. 


Andrei