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How sad you don't want to hear the truth about DUI's and the police prosecution of false positives.  

My previous How to avoid a DUI had lots of folks claiming I was spamming for breathalyzer, dash cams, and expensive lawyers.

Note I did not list a brand or a web site to purchase.  I did say to get the fuel cell version, because that is what the ignition interlocks and the portable police units use.  Believe what you want, I'm trying to save you trouble.

As for the simplistic, don't drink and drive, millions of people go to social events every day, have a few drinks, and drive home.  We tried prohibition, how did that work out?   This is default Prohibition.  

You cannot use the one drink = .02 and the -.01% per hour calculation, I did, it does not work .  

YOU CANNOT CALCULATE YOUR BAC.  

Besides, there are many other things that can trigger a false positive, fact.  So you are non drinker, driving home tired, you run into a sobriety check, your tiredness and stress at being stopped, has the officer thinking you might be impaired.  You might be, because being tired is just as bad as being drunk.  
Now I have already linked to the proof that several foods, diets and products can cause a high BAC  reading. Some people naturally have high BAC readings, and several medications and diseases can cause a high reading.  

Since studies have proven that about 50% of sober, non tired folks will be judged impaired by the roadside sobriety test,  YOU can be falsely arrested.  Get your head out of the sand.    Refuse the roadside test.  

So the simplistic say "don't drink and drive"  sounds like spamming from the DUI Interlock and Breathalyzer industry to me.  They are making  millions of these new stricter laws.  The 5 interlock companies wrote the laws!

You spend tons of money on your cars, tons more on insurance and accessories, and you don't want to spend 25 to 200$ per year to defend yourself from devastating false DUI arrest?    I didn't think I needed it either.   I have always counted my drinks, and use the existing tables and calculators.  They don't work.    I don't want to spend my money on these things, but it's cheap insurance.  Besides, those of us who do enjoy social drinking need to be careful we are not impaired, and there nothing like the breathalyser to do that.    The actual statistical data say a person with 1 drink is slightly less likely to have an accident than a teetotaler.  I linked to prove that.   .05% is statistically as safe as no alcohol.  

So lets' end the bs "just don't drink and drive" stuff.  

Washing your mouth out with water is not trying to beat a justified DUI, it is trying to prevent a false positive.  The police have you wait 20 minutes do do just that, but it doesn't work if you don’t wash with water, and remove dentures.  Or if you ingest anything.  If you throw up, they can't do the test either.  

As for taking deep breaths, that used to be required, because the idea is to measure BLOOD alcohol, not lung alcohol.  If you hold your breath the BAC goes up,  If your breath out the last stale pockets, your BAC goes up.  They used to do everything to make sure there were no false positives, now the industry does everything they can to prosecute, no matter the truth.  

Would I tell you to ask for  blood test if I you wanted to cheat?  
I want us all to get a fair deal.  

Sadly, now we are required to get our own breathalyzer to be absolutely sure you won't blow a high BAC. If you and your non drinking buds want to get one and pass it around, just to make sure, that's probably good enough.

joeschmeaux   video is good.  

I agree that you should not talk to the police, normally you just say I cannot comment without my lawyer present.    But you have no choice but to take the breathalyzer test or you lose your license It's called implied consent.  You can refuse the  road side test and I should have.  But I was not familiar with the law.  You are.  
Anything you say can only be used against you, not for you.  If you try to use what you said to the officer, the prosecution will get it removed as hearsay.  

Yes I'm over 50.  I remember the 60's and 70's.  It was .15%.  

Grow up kos folks.  I broke none of your rules, let's hear what rules you think I broke.  

Let's see if you hide this comment.  

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Comment Preferences

  •  I have noticed some very pissy people (7+ / 0-)

    around this site lately , I saw more that a few in your last diary , don't take it personally .

    "please love deeply...openly and genuinely." A. M. H.

    by indycam on Mon Dec 16, 2013 at 01:43:59 PM PST

  •  This might have been better as an update to (1+ / 0-)
    Recommended by:
    Otteray Scribe

    your first diary. Just saying. And you retitle it with Update in the title, and at least a few people will go back and reread.

    I'm afraid this diary is more likely to pull comments like "quit digging". And no, I have no axe to grind one way or another, that I know of.

    At least half the future I've been expecting hasn't gotten here yet. Sigh.... (Yes, there's gender bias in my name; no, I wasn't thinking about it when I signed up. My apologies.)

    by serendipityisabitch on Mon Dec 16, 2013 at 01:53:52 PM PST

  •  Heh. One less thing to worry about since I stopped (3+ / 0-)

    Don't have that first drink, don't get impaired, don't go to jail for DUI....

    BUT... Obviously, most people drink, and there's nothing wrong with that. Nor is there anything wrong with giving people practical advice in terms of how to avoid getting themselves in legal trouble. I mean, we accept that sort of advice every day here when it comes to illegal drugs and the like. Honestly, I thought about getting a DOT breathalyzer many times over the years. Never did it. It's a fucking miracle I never got a DUI. I most certainly DESERVED many.

  •  Went and read the last diary. (3+ / 0-)

    There is actually a lot of good information there. What most people don't realize is that breathalyzers don't measure alcohol levels. They measure "other." That means anything that is not found on the breath of a sober person in good health, with nothing unusual on their breath.

    Upset stomach, acid reflux, or almost anything unusual is registered. Diarist is correct in the fact that the only way to know what you might blow on the machine is to have one yourself. I have never priced personal breathalyzers before, but just checked Amazon and see that prices range from about ten dollars up to about $150.

    My daughter wants her own dash cam. She has worked as a sworn officer and knows their value in recording events that might come into dispute later. She has been dropping hints with Christmas coming up.

    Rudeness is a weak imitation of strength. - Eric Hoffer

    by Otteray Scribe on Mon Dec 16, 2013 at 01:58:12 PM PST

    •  Aren't most of those devices total hydrocarbon (1+ / 0-)
      Recommended by:
      Otteray Scribe

      analyzers that measure total hydrocarbon as methane or propane?

      •  The breathalyzer measures electrical current (1+ / 0-)
        Recommended by:
        LakeSuperior

        The electrical current is produced when an alcohol is oxidized to acetic acid at the sensor. The sensor generates a current, which is analyzed by the machine and converted into an approximation of blood alcohol content.  However, there are several things which produce false positives, which is what the diarist is pointing out.  Some of them are:

        Vomit
        Cough syrup
        GERD (acid reflux)
        Low carb diet (produces high levels of ketones)
        Diabetes (again, high ketone levels)
        Asthma inhalers
        Bronchitis
        COPD (chronic obstructive pulmonary disease such as Emphysema)
        Several other congenital lung diseases
        Breathing fumes of anything containing alcohol
        Eating fermented foods. After all, it is fermentation which produces ethyl alcohol.

        The only true and accurate measure of blood alcohol is a blood sample.

        Rudeness is a weak imitation of strength. - Eric Hoffer

        by Otteray Scribe on Mon Dec 16, 2013 at 06:24:24 PM PST

        [ Parent ]

  •  Don't try any of those games in the UK (0+ / 0-)

    You can opt to give a blood test instead but refusal or avoidance in taking a breath test is regarded as a fail and you will be banned from driving for at least a year.

    We will work, we will play, we will laugh, we will live. We will not waste one moment, nor sacrifice one bit of our freedom, because of fear.

    by Lib Dem FoP on Mon Dec 16, 2013 at 02:06:23 PM PST

  •  Designated driver. (2+ / 0-)
    Recommended by:
    misslegalbeagle, Eyesbright

    If I ran this circus, things would be DIFFERENT!

    by CwV on Mon Dec 16, 2013 at 02:27:04 PM PST

  •  Not drinking and driving isn't "prohibition" (3+ / 0-)
    Recommended by:
    misslegalbeagle, FG, Lost and Found

    It's called "good judgment". Don't be absurd, if you can possibly to help yourself. Stop trying to excuse your bad behavior by whining about how unfairly you were treated. I'm a social drinker too and hey, guess what? I never drink and drive. In your original post I was on your side about the spamming accusation but that's over. Whether you were spamming or not is now irrelevant. You're just a self centered ass who wants to get drunk and get behind the wheel while impaired. Well I'm glad you were caught and I hope you keep getting caught until they take your license because you're clearly not responsible enough to have one!

    "Given the choice between a Republican and someone who acts like a Republican, people will vote for a real Republican every time." Harry Truman

    by MargaretPOA on Mon Dec 16, 2013 at 02:41:31 PM PST

    •  Try reading a little more carefully. (0+ / 1-)
      Recommended by:
      Hidden by:
      Eyesbright

      I am telling people to not drive drunk, and that they cannot use the calculation method as we have all been taught.  

      You are a judgmental jerk who believes the police never make false arrest, never  do  wrong, and never work hard to get a conviction they should not.  

      You like the police state, and you don't care how many Innocent people get dragged into the the largest prison system int he world.  

      I have accepted my arrest I haven't had a drink since, and won't.

      I hope you get your chance to meet your beloved police state up close and personal for something you did not do.  

      You need a serious wake up call.  

      •  HR'd for going way over the line of DBAD (1+ / 0-)
        Recommended by:
        misslegalbeagle
        You like the police state, and you don't care how many Innocent people get dragged into the the largest prison system int he world.
        ...
        I hope you get your chance to meet your beloved police state up close and personal for something you did not do.  

        They don't win until we quit fighting!

        by Eyesbright on Mon Dec 16, 2013 at 06:27:30 PM PST

        [ Parent ]

  •  Stuff you said to the officer is almost (2+ / 0-)
    Recommended by:
    Eyesbright, Susan G in MN

    certainly going to not be hearsay/fall into a hearsay exception.  

  •  Part of being a responsible driver (1+ / 0-)
    Recommended by:
    misslegalbeagle

    is knowing the rules of the road.
    In your previous diary, you stated that you were under the impression that the legal limit was .15% BAC.
    As the limit has not been that high for almost 50 years, not having your own personal breathalyzer seems like the least of your problems.

    If I owe Smith ten dollars and God forgives me, that doesn't pay Smith. -Robert Green Ingersoll

    by jrfrog on Mon Dec 16, 2013 at 05:39:21 PM PST

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