Drink a beer after being pulled over by Police?

Question

You get pulled over and you might be drunk. As you get out of the car, you down a beer in front of a police officer...

Is it true that your DUI test is invalid and the police can only give you a ticket for drinking in public?

Answer 1

Absolutely not. All that would do is make your BAC level go HIGHER, and why in the world would you want to do that?

All the officer has to do is wait out the mandatory 20 minute observation period to ensure that all mouth alcohol has evaporated from your mouth, and then give you the breath test. The alcohol from the beer that you just drank will still mostly be in your stomach, so any rise that will occur will be minimal. But if he had enough to pull you over to begin with, odds are pretty good that he had enough to get a DUI conviction.

And now, on top of that, you have just enabled the officer to tack on the charges of "Open container violation" and "Drinking in public," all of which will be very difficult to explain to the judge.

When you try this, be sure to let us know how badly it turns out for you.

Answer 2

1

Answer 3

The laws have been re-written since people started trying this defense. Now the law is much clearer than it used to be. But, as crazy as it may seem my uncle is an attorney and he told me he has successfully argued this defense before.

Under the new laws you would get the DUI and an open container violation.

Arizona Revised Statutes 28-1301
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle

Trust me, as long as you are holding the keys and in the vehicle you are "in physical control" you do not need to even have the engine running.

Answer 4

This is NOT true. They will arrest you and conduct a breath test. A specialist will be called to court that can "substract" the effect of that one beer on the breath test and can tell the court what your blood alcohol level before the beer.

So what you'd get would be an impaired charge AND a drinking in public ticket.

Answer 5

Your brother did the incorrect element ! The Police Officer mentioned he needed to speak on your brother and your brother mentioned there is no longer something to speak approximately. spectacular there he objected the Officer. Any time an Officer of the regulation tells you he desires to speak to you, then that's what he potential. Your brother ought to have talked to the Officer. He ought to have been charged with contempt. i think of your lacking multiple the real tale, between the breath attempt to the choking. You brother did something (like resisting) to reason the Officer to deal with him that way. No it is not prejudice, yet complete disrespect for the regulation. Your brother become incorrect. and that i think of your leaving out a good number of information., with reference to what relatively got here approximately. in case you have had a Black Officer , might your brother had extra know for the regulation ?? on a similar time your brother did seem to be the suspect. A Black Officer might probably do a similar element as a White Officer.

Answer 6

You add the charges of open container in a motor vehicle and drinking in public to the possible DUI.
You'd still have to take the FST.
VERY BAD idea.

Answer 7

If you made it to your house, ran inside and then downed a beer or a shot or two, then you might , slim chance, get it thrown out in court.
But not the car scene you portrayed..........sorry not gonna work. Nice try though.

Answer 8

you'll get charged with dui, and violating the open container law. Don't drop the soap.

Answer 9

You do like to throw gasoline on a fire, don't you. Any chance of talking your way out of it went down with the insult.

Answer 10

Very bad idea.