TheAgitator.com
Tarheel DWI Madness
Sunday, September 5th, 2004A North Carolina court has ruled that prosecutors may use a formula to extrapolate blood alcohol levels from DWI suspects even if they pass a breath test. For legal purposes, everyone in North Carolina now metabolizes alcohol at the BAC redyction rate of .0165 per hour. Never mind that, person to person, we metabolize alcohol at drastically different rates, based on sex, ethnicity, size, and a variety of other factors.
Just another example of how evidentiary standards and common criminal protections are tossed out of the courthouse when it comes to DWI cases.
Lesson here: If you’re pulled over on suspicion of DWI, give the cop as little information as possible. Telling him as little as where you’re driving from, or to, could give him reason to start playing with the numbers, even if you’ve passed a breath test.
It should go without saying, at this point, that you should always say as little as possible during a traffic stop of any kind. Don’t try to be evasive or rude in your response (or lack of a ’sufficient one’), but try to use one or two (if you want to add sir, officer, etc.) word answers.
Any utterances you use can and will be used against you.
And by all means, never consent to a search, even if you have nothing to hide. If the police mention something like, ‘well, we’ll just go get a warrant then, and you’ll be held up here even longer,’ that is generally not allowed and is looked at as a type of coercion on the part of the police officers.
Doug
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