Asking for breathalyzer?

[KoopaTroopa]

Just a question to former or current police force or even anyone who has an opinion on how the police force should act in the situation. Say someone has had a number of drinks and he/she is unsure whether or not they should drive their car back home for the night. Now, they're not belligerent, not what i assume would fit the criteria of "public intoxication", they're not stumbling around wearing only socks or anything crazy, just unsure in whether or not getting stopped would result in a DUI. They approach a police officer and ask to use their breathalyzer to test if they're okay to drive by legal standards. Is this action legally incriminating and could a police office use this to their advantage to arrest you? It seems as though the individual should only asking for an act of service from a force who's duty is to "serve and protect".

[themadscientist]

regulations aside, I would hope an Officer would do it because you were on the ball enough to ask. They deal with first class a holes all night, meeting a responsible person could be refreshing. Selecting a designated driver would be the best route though. I was always the DD and it's just DUIs it protects you from. I am reasonable certain some of my friends were spared a social disease because one guy in the group was sober and able to keep the drunks from chasing dirty poon. My only service fees, I don't buy my sodas and your car is likely to be involved in racing of some kind during the evening.

[Bubba1]

Since we're talking hypothically, I don't think it's in the drivers best interest to have an officer administer a test (if he were permitted). I would think it could be be legally incriminating if he flunked the test, but decided to drive and minutes later caused an accident.

[PapaSmurf2k3]

if he flunked the test, but decided to drive and minutes later caused an accident.

But that's the idea... he wouldn't drive. He'd walk over and sleep in his car or something.

I'm going to say they wont. I called the police station the other day because a tow company messed up my Miata and wouldn't own up to it. I wanted their insurance information but the tow company wouldn't give it to me. The police officer just bluntly said "no, we don't do that". I said "uh... what about to serve and protect?". I got basically the same answer over and over again "no, we don't do that".

I feel bad for the ~2% of police officers that actually are good people though, they must catch s*** all the time for crap they don't really do.

[Bubba1]

if he flunked the test, but decided to drive and minutes later caused an accident.

But that's the idea... he wouldn't drive. He'd walk over and sleep in his car or something.

Obviously if he tests double the legal limit, he'll likely not drive, but what if he were hovering around the legal limit, which is probably more the likely the scenario? It's unwise to go tothe police for that kinda test, because if something bad happens, he's already on record.

[fiznat]

I work with cops all the time, and I can tell you that no police officer will perform that test for you. What they will do is ask you if you have been drinking. When you answer yes, they will tell you that you shouldn't drive. Case closed. Most cops I know aren't interested in splitting hairs at the request of their citizens, and wouldn't want anything to do with the liability of telling you it's okay to drive after you admit you've been drinking.

[93coupe]

I have this idea- if you're going to go out drinking, don't drive. Easy.

[Jesda]

I use my hoverboard. No law against hovering under the influence.

[Dittoz7]

Just buy your own?

[C-Kwik]

I think another problem with this is if an officer allows the use of the equipment, the person is determined to be under the legal limit for alcohol and the person drives off and gets into an accident (presumably influenced by alcohol consumption), it could open up a legal can of worms. Like most laws, I don't think a single test is the only way an officer determines if a person is DUI or not. That is, a person can pass a breathalyser but fails a blood or urine test. Perhaps the person demonstratively shows they have a lack of coordination due to alcohol. Different tools may have different results. But when several test point to a similar result, it becomes more clear. If a person passes the breathalyser, it sends the message that they are clear to drive. An implied sense that they are okay to drive. And that's the wrong message to send. And such a message could drag them into a liability case.

[Dattebayo]

regulations aside, I would hope an Officer would do it because you were on the ball enough to ask.

Seeing as how "public intoxication" is an offense you can be arrested for, I don't see how it's "on the ball" to ask for it...

[C-Kwik]

I'm going to say they wont. I called the police station the other day because a tow company messed up my Miata and wouldn't own up to it. I wanted their insurance information but the tow company wouldn't give it to me. The police officer just bluntly said "no, we don't do that". I said "uh... what about to serve and protect?". I got basically the same answer over and over again "no, we don't do that".

Did you ask them to file a report? They may not do it, but they are under no obligation to demand insurance info unless there is a law they can use to do so. For auto insurance, the law in most, if not all, states require a person maintain insurance on vehicles. I don't know of such laws for running a business. And since its a civil matter outside the jurisdiction of the police, they would not get involved.

If the tow was ordered by the police, there may be a report where they indicated any existing damage at the time of tow. If the damage is not listed, this might help your case. It did for me in a similar situation many years ago. The tow company replaced a taillight as a result. Depending on the extent of damage and if you have collision and comprehensive coverage, you could report it to your insurance. If they pay even one cent on the claim, they can subrogate for that one cent. In the process, the insurance company might find out who their carrier is and report a claim. In which case, they can have that carrier contact you for the portion of the claim your carrier is not legally able to subrogate for (though they will request their carrier to pay it to you). Lastly, you could take them to small claims. If you win, the court will order the tow company to pay your damages. They can choose to pay it directly or have their insurance pay it (assuming they have no liability deductible that is more than the damages, in which case they would have to pay it directly regardless). Frankly, it really doesn't matter to you who pays it.

[bcar240]

if he flunked the test, but decided to drive and minutes later caused an accident.

But that's the idea... he wouldn't drive. He'd walk over and sleep in his car or something.

I'd be wary about sleeping in cars when drunk. There are a large number of documented cases of individuals doing that being arrest for DUI. I guess under the assumption that at some point they had, or will have, driven the car while drunk. Seems on very sketchy legal ground, IMO.

I would imagine that unless you got a bored and light spirited cop that you'd get a pretty negative response, actually like someone mentioned, a lot of police might think someone walking up and asking for a breathalyzer is obviously drunk off their rocker and the public intox might come into play.

[Bubba1]

I'd be wary about sleeping in cars when drunk. There are a large number of documented cases of individuals doing that being arrest for DUI. I guess under the assumption that at some point they had, or will have, driven the car while drunk. Seems on very sketchy legal ground, IMO.

I have a good friend who had gotten a DUI ticket in NJ while sleeping in his car with the engine off several years ago. Shortly after leaving a party, he had decided he was too drunk and tired to continue driving, so he parked legally on a shoulder, turned off the motor but kept the accessories on to listen to music. The cop who woke him (about a half hour after he parked) told him he would not have been ticketed had the key not been in the ignition. Lesson learned I suppose.

[LEMHEAD16]

The Boise PD sometimes sets up a van downtown that you can go in and have a breathalyzer done. Never done it myself, but I have seen it parked DT several times.

[themadscientist]

regulations aside, I would hope an Officer would do it because you were on the ball enough to ask.

Seeing as how "public intoxication" is an offense you can be arrested for, I don't see how it's "on the ball" to ask for it...

ON THE BALL
"escuse me officer. I would like to make sure I am not intoxicated before I drive. Can I have you breathalyze me?"

PUBLIC INTOXICATION
[youtube]http://www.youtube.com/watch?v=dt65cKhk ... re=related[/youtube]



See the difference?

[Jesda]

LOL!!!!! What a landing!

[Dattebayo]

I'd be wary about sleeping in cars when drunk. There are a large number of documented cases of individuals doing that being arrest for DUI.

It can only be a DUI by law if the keys are in the car with the person. Put the keys in the gas door or trunk. Don't forget they're there when you wake up.

[Dattebayo]

See the difference?

Okay, let's rephrase this...

2 beers makes the average male too drunk to drive, technically. (unless you are Godzilla or his children)
If you have to ask, you're too drunk to drive. How about that?

[Alfador]

Maybe it's just me, but if you feel like you need a test to figure out if you're too drunk to drive. You're too drunk to drive. If you're even asking yourself at all, then you're probably too drunk. Hell, even if you blow below 0.whatever happens to be your state's statutory DUI limit, most states (maybe all, I dunno) still generally allow for you to be judged impaired/intoxicated below that limit based on appearance and tests of coordination.

[Watermelonwarrior]

I'd be wary about sleeping in cars when drunk. There are a large number of documented cases of individuals doing that being arrest for DUI.

It can only be a DUI by law if the keys are in the car with the person. Put the keys in the gas door or trunk. Don't forget they're there when you wake up.

Actually I think its if your in the front seat. Backseats with keys might be ok?

[bcar240]

It can only be a DUI by law if the keys are in the car with the person. Put the keys in the gas door or trunk. Don't forget they're there when you wake up.

Actually I think its if your in the front seat. Backseats with keys might be ok?

Got out and did a little research on this and learned that the laws on this can vary significantly depending on state. Some states apparently allow you to sleep drunk in your car with the engine on (in northern states where you need the heater or you'd probably die).

[snwbrdr435]

If you have to ask someone else if you are too drunk to drive. You shouldn't be driving at all. There is only one person responsible for you and your actions and that is YOU.

[Alfador]

If you have to ask someone else if you are too drunk to drive. You shouldn't be driving at all. There is only one person responsible for you and your actions and that is YOU.

P.S. You sounded like Judge Judy in that post

I dunno, I got more of a Judge Mathis vibe. You know, like he turns to the camera and points emphatically when he says "you"