Roswell

A friend of mine was pulled over late last night and blew a .07 and he was arrested. I do not condone drunk driving and think he made a terrible choice but as a friend i figured i would ask if anyone here has any ideas about what he can do in this situation.

He was a college roommate a few years ago.

Apparently it happened by the IHOP (LOL), i think that's out in Brighton/Allston area.

I figure since the legal limit is .08 he may have some chance of getting off without losing his license but I don't know how this system works. I guess it was a check point and he passed the sobriety test but was asked to do a breathalyzer (i've always heard to never do that) and blew a .07. I think it was around 4AM.

Anyone know any lawyers in that area or any idea how he may go about dealing with this.. He has to go to court on Monday.

-Thanks.

Roswell

What is the best way to approach the situation if we feel we may be near or at the legal limit? Is it true to not take a breathalyzer is the best method to avoid proof that we were drinking?

I like to have a couple drinks at dinner but the thought of getting a DUI because of it is pretty frightening.

Mirror|rorriM

I may be a little out of date, but basically, and despite what the MADD drones parrot, you do NOT have the right to refuse the breathalyzer. What you do have is the right to choose between the breathalyzer or a mandatory 30 day license suspension, and you are required to pick one.

I'm quite strongly against drunk driving (heck, my black S4 was totaled by a drunk driver), but it really sounds like your friend is getting screwed here. Good luck to him.

ndubu

This would require them to drive you down to the station to administer the test, and your car would probably be towed, but it would beat a DUI if you thought you might be close to the legal limit.

They might also just let you go to avoid the hassle of bringing you in for the test.

marvgomez

he was under the legal limit and passed the sobriety test. Why was he arrested ?

DxC

not to mention it gives you some time to sober up :P

sweed

That IHOP was great after work when I used to work at the clubs. lol

Kris Hansen

If under, why the arrest? did he fail the field sobriety test? field breath testers are usually not admissible as evidence, but are used as PC for arrest.

.07 is 'buzzed' for most people, FWIW.

Roswell

Problem is he's foreign (puerto rico- if that's foreign) and always seems to have a natural buzz going so two drinks on top of that may make it seem like he's drinking more to someone who doesn't know him.

Mirror|rorriM

The problem with that, of course, is that it exceeds the real-world tolerance of the devices used for measurement.