I’ll do the short version and you can ask questions.
> be driving drunk (not that drunk drove 40+ miles fine) > get into town it’s late blinker was out on my car didn’t no (just my luck) > pulled over by cops ask me to step out can smell alcohol > I know I’m going to get a Dwi so I just do what they ask > step out do field sobriety, mmmm ok > breathalyzer I blew .13, which is .05 over the legal limit Cop: “Ok fine so we’re going to give you a DWI” Me: “Ok bring me to jail so I can bail out” > cops proceed to bring me to a back door at a hospital into a backroom > proceed to pin me down on a table stretched out hand hanging over the edge > one for each limb and one pressing my head down that’s hanging over the edge (think of a pencil hanging partially off the edge with pressure pushing down on it) Cop:” stop resisting arrest” Me: “what the fuck is going on you gave me my charge bring me to fucking jail what is this shit” > all I feel is needles sticking me in my arm on top of my neck feeling like a couple cinder blocks are sittting on the back of my head > all on camera Currently in a dispute over wtf the cops were even doing and if it’s considered assault to give a person a DWI and then just start sticking them with needles. They already charged me so me and my lawyer think it’s excessive force, especially in 2018 where my body my rights shit is huge. I complied with all their demands. Forcing DNA or blood is like what happens for felony attempted murder shit. Not a Petty DWI especially since I blew so low
doesn't work ever like fucking ever. the only recourse to run over one of the officer's children as they play in the street.
Grayson Ross
I wasn’t arguing I listened to all their demands until they started forcing me onto a table to start sticking me with needles after field sobriety and Breathalyzer
Wyatt Scott
yes and I've been spat on, had my clothes and laptop destroyed, and been strip searched, all while underage and in the middle of a public bus mall.
I'm not totally innocent though, what happened was the officers were training a police dog, and it came up to me and I let it sniff my hand.
Is this the true power of burger literary skills? At some points I can hardly understand what you're getting at.
Zachary Reed
Wtf. Legit sounds like they raped you
Sebastian Lopez
I took a field sobriety, took a breathalyzer they charged me with DWI .15 , then they Pinned me down 5 of and started sticking me with needles because they wanted to
Jonathan Hernandez
Shouldn't of been driving drunk. /thread.
Nathaniel White
> expected that from someone on /pol Luckily there’s laws and things preventing police from doing whatever the fuck they want. I hope that’s their argument
Jayden Barnes
> drive drunk get a DWI > police have the right to assault you Hurr durr Murcia
Kevin Myers
Cops need to take a blood sample to see if their are any other illicit substances in you. Then they can charge you with more and maybe you'll lead to a dealer
Ethan Price
> probable cause. If that was the case every DWI would give blood. I don’t do other drugs. None were found in my system
Alexander Brown
Shit nigger, over here after the roadside breathalyser they take you to a better one in the cop shop, I don't think they do blood work unless you specifically ask for a more accurate result.
Hudson Scott
>be driving drunk
Stopped reading there. I hope you live in a death penalty state and the judge decides that you deserve the chair.
Opinion just discarded. You made your bed and sleep on it.
Alexander Garcia
They always blood test you fucking retard. Breathalyzer results are often challenged in court.
You consent to that shit when you get a drivers license.
Elijah Davis
Wisconsin.
Mason Reed
I think you imagined some of that like a schizophrenic does
Gavin Scott
not OP, but I had no idea either. That's crazy...
Brody Nelson
>shouldn't of
Jayden Flores
>Driving while drunk Actually kys
Leo James
> can refusal a breathalyze > cant be forced to give blood
> takes breathalyzer > complies > forced to give blood
Fuck bro Supreme Court ruled on this like 2 years ago you’re late Bruv
Julian Taylor
In Wisconsin you basically agree that they can take your blood by getting a drivers license. Is your license from WI ?
In GA you can refuse the test, and they don't have any evidence against you. They will suspend your license for 6 months, but if you go to a judge within 10 days you can get an exception for driving to work.
I'm not a lawyer, but have lived in both states.
Wisconsin is the only state I've ever lived in where you will consistently see people in the news with 8, 9,10,11+ DUI's.
Asher Lopez
Is your lawyer being regardless of whether you win or lose? Probably not going to fly if he is, lawyers don't give a shit about their clients if they're getting money. Judges, any judge, is reluctant to rule against the police because otherwise it sets a legal precedent that the cops are full of shit, and because the vast majority of criminal convictions rely on cop's testimony they don't want to do it.
My advice would be to ask for a second opinion from another lawyer.
Angel Allen
No, in WI you have the right to what type of test (breath, blood, urine) and a jail breathalyzer is admissible as court evidence (field is not as they aren't accurate and are only cause). Ianal, bit if you get a decent one, you will win a rights violation suit in my opinion.
Nolan Butler
> false. Warren’s is needed. Probable cause is needed
Lincoln Cox
Sounds like you have a case, he should have shot you.
Nolan Lopez
> being drunk means you’ve been doing other drugs
Ok buds
Juan Green
Death penalty for driving drunk
Benjamin Ward
If he made it 40 miles, he wasn't all that drunk. BAC limits are entirely arbitrary.
Owen Thompson
Doesnt matter If you are that much of an subhuman that you cant stay sober if you have to drive during that day you shouldnt have the right to drive
Nathaniel Hall
get this shit off of Jow Forums you retarded newfag
Did they have a warrant for the blood? Here in TX it’s typically per county whether they bother to get blood. Where I live usually if the person refuses breathalyzer or roadside sobriety testing. I don’t think you’ll do well arguing about this in court because you sound like a pussy and you’re guilty. Sounds like you’re exaggerating things
Aaron Green
>my nation is the size of a single state and has full public transit, therefore Joe blow in the u.s. should be killed for driving home just fine at barely over an arbitrary limit You're the one who needs the death penalty.
Jackson Sanders
WI has implied consent, however you have a right to type of test and if they forced him to blood without resisting the arrest or giving an option, they fucked up.
William Powell
>im a selfish cunt who would danger other peoples lives because i refuse to get a cab or call a mate for a ride
Jonathan Thomas
>nobody gave me my own personal bus so now I get to drive drunk
>muh mommy died to a drunk driver Natural selection: the car won, faggot. If you can't drive while fucked up beyond belief, you aren't a man and should just kys.
Luis Roberts
It’s on camera?? I complied with Field Soberity and with a breathalyzer? Which is exactly what I don’t get.
Camden Perry
There are no cabs in most of the u.s. you idiot. >said BAC limits are arbitrary and argue against death penalty in a situation that harmed no one >thinks I'm claiming a right to drive drunk Hook nose, or just Canadian?
Jackson Evans
why the fuck is this even on "/pol"
Matthew Hall
Because you blow dogs.
John Ramirez
Well then dont drink you alcoholic sacks of shit
Luis Rodriguez
>There are no cabs in most of the u.s. that is absolutely a fucking lie. all populated areas have taxis you faggot oh I get it, you're just a fucking brainlet
Owen Adams
>finland >calling anyone alcoholics You realize his BAC was only 3 hundredths of a percent over what the WI limit was before the federal government illegally blackmailed states into a federal limit, yes?
I don’t think you understand guys i was saying yes I did what you wanted you got me it’s over bring me to fucking jail. Which they coulda just charged me and we went about our shit. It wasn’t about me “getting away with it” I complied. It’s about after complying for them to be faggot cops and use excessive force. Like I think you guys are think I refused a breathalyzer and a sobriety test kek Like ok you got me fuck I was dumb I was nice this whole time. “Hold up wait why the fuck is there 6 cops when I’ve been complying what what’s going to wtf” pinned down and stuck with needles
Oliver Wilson
>all populated areas have taxis you faggot I can garauntee from knowledge at least half of the landmass of WI doesn't. You need at least a 10k population center to start seeing cabs, you're a fucking moron. Stretches of 1000 person towns don't have cabs because they'd go broke.
Julian Long
He self admitted driving drunk The bac doesnt matter retards like this cant be allowed on the road
Jeremiah Evans
>be OP >be complete retard >can't even do proper maintenance on his car >decide it's a good idea to drink and drive >even though over the past decade an a half state legislatures across the country have been cracking down on it >miraculously make it 40 miles without killing anyone >get pulled over >cops smell booze >cops follow procedure after giving a field sobriety test and get blood test >OP is too much of a fucking retard to avoid this situation entirely and now has to spend money on a lawsuit You probably have something with the excessive force claim because you didn't know that many jurisdictions now require a blood test along with a field sobriety and they probably didn't tell you. But you're still a moron and this entire situation could have been avoided.
>BAC is arbitrary >OP drove 40 miles five points over the legal limit >this is fine because nobody was hurt The policy behind DUI laws is to limit the potential for harm, which skyrockets when someone is drinking a driving. Yes, BAC may seem a bit arbitrary but what measure do you have that's better?
John Young
The blood(it's not even blood but the air above it, IIRC) tests hold up in court better than the breathalyzer tests do so when you agreed that you were over the limit I suspect they still knew is was close enough(.13 vs. .08) they wanted the "blood test results" so they didn't have to rely on the "ish-breathalyzer results". IANAL though.,..
James Diaz
>get pulled over in all-white small town super drunk with open beer in the car >cop knows me, asks what the hell i'm doin >ramble drunkenly about my day >breathalyzes me .288 >puts me in jail on a 12 hour hold to sober up no charges >officer on next shift gives me a ride back to my car feels good to be white
> require blood testing Wouldn’t need a warrant if it was required
Wyatt Sanders
>my shithole flyover state renowned for alcoholism has it a particular way therefore the entire country is in identical condition and that justifies drunk driving sounds about right for wisconsin.
A few things: 1. The primary function of a police officer in this situation is gathering any & all evidence to be used against you in court. 2. You willingly submitted to a field sobriety test & breathalyzer (you gave them evidence), thus allowing them to take a blood sample by probable cause. 3. If you had refused the field sobriety test & breathalyzer, your license would've been confiscated on the spot for a certain time period. The upside here is that you didn't incriminate yourself, and if they can't present convincing evidence to a jury, they'll likely plea bargain w/ your counsel, reduce your charges, and reinstate your driver's license. 4. All of this could have been avoided, but now it'll cost you money and maybe even a little time.
>You don't have a viable case.
Alexander Flores
Did you have a nigger larva killed by a DUI-er? Are you MADD?
Aiden Evans
>The bac doesnt matter That was my initial sentiment, retard: the limits are arbitrary. I'm not saying his arrest or charge were wrong, neither is the OP himself. Driving like shit is what should get you pulled over, or some other cause like he was. The checkpoints most other states have are ridiculous and illegal in WI. Phones are a far larger danger on the road than booze ever was.
This pathetic excuse of a man decided to drive drunk No pity for the likes of him
Adrian Turner
I hope you fucking get killed. Driving drunk in my god damn state. Do you know how many people in Wisconsin get killed by you fuckers? I sincerely hate your guts.
Charles Clark
>I ran my mouth about a place I've never been and got called out like the syrup nigger I am so I'll pretend the other guy is retarded
Jayden Butler
Blood sample is required for impaired driving other than Alchol, my DWI lawyer has never seen them force blood from someone willing to blow and sobriety test. Ever
John James
Blood sample? Here you have 2 options. 1) Accept the results from breathalyzer and go to jail etc 2) Claim the breathalyzer is faulty, and go to the nearest hospital and give them your blood
Taking your blood without consent is unconstitutional here.
Kayden Mitchell
>he deserves death based on an arbitrary limit that doesn't actually tell us his level of impairment
Owen Mitchell
>> be driving drunk (not that drunk drove 40+ miles fine) You deserve everything bad that happens to you. In fact, the policeman should hace executed you on spot
David Young
>Do you know how many people in Wisconsin get killed by you fuckers? Not as many per capita as other states, it's actually on par with the average. Stop being an idiot.
Gavin Hall
take this case to attorney in law Mr Shekelstein and sue them for every penny they got.
Don't. Drink. And. Drive. Who gives a fuck how much he drank. Any amount affects you. I don't care about any of those other stupid driving laws like wearing seatbelts or required insurance those are on you but when you drive drunk you are endangering others.
Hudson Jones
OP, they can't charge you with DUI based on the roadside, they need an official test. So no, they didn't "have you", they couldn't charge you with anything at that point.
They should have read you the implied consent advisory, where you are informed that if you refuse a test you will be guilty of DUI and be charged.
You have the right to refuse a blood test. You sound pretty dumb, and you were probably wasted, so you probably consented to the blood test without realizing it. Then when they poked you you had a freak out.
Whether you consented or not, get ready for the cops to lie, they lie all the time in court to cover their ass.
Brayden Young
>Wouldn’t need a warrant if it was required Wisconsin is an implied consent state. If a LEO has a reasonable belief that you are intoxicated when they pull you over and arrested you, you consented to a multitude of tests. This is readily available information online. My point still stands that you're a fucking moron. dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/wisconsin.htm
>The checkpoints most other states have are ridiculous and illegal in WI. They are authorized by statute to enforce the law in the manner they see fit. If you have a problem with it contact your state legislature. Some of it is complete horseshit but what other options are there? BAC is currently the best measure we have and despite it's flaws its fairly accurate and most DUI convictions hold water.
>Phones are a far larger danger on the road than booze ever was. This. Drinking and driving is bad enough but holy cellphones are bad. Some states are cracking down on this hard.
Ian Peterson
I mean I would understand beating drunk drivers at the side of the road for being dumb enough to drive drunk and put other peoples lives in danger, but taking him to a hospital and needling him seems a bit much.
Dylan Morgan
The breathalyser is not always permissable because of it's margin of error, where a blood test is precise.
In my country the procedure is the same and you can have your blood taken by force if you resist.
Evan Morris
He self admitted to being impaired Get it trough your thick skull
Alexander Brooks
What will happen to him is just a couple months of outpatient group therapy 12 step and a suspended license for a few months, he wasn't that intoxicated.
Hudson Richardson
sorry, you degenerate stumbling drunk moron, but there is absolutely no justification for drunk driving, no matter what. nobody has the right to get fucked up and drive thousands of pounds of steel around with other people on the road. except it isn't an arbitrary limit. It's to prevent people who are too intoxicated from driving. If you are above 0.08, you are most likely too impaired to operate a vehicle. It isn't as though they pulled a random number out of their ass like you seem to think. Now quit drinking faggot >drives drunk >calls anyone else an idiot
I suggest making sure you are not paying a breath-chaser a grand just so you can then also owe the state the same amount you were going to anyway.
Getting an "air above the blood" alcohol test result and if(~an hour after you were driving...or however long it took them to get you to the hospital and pin you down to take the test) and you still test over the limit you will not win anything in regards to the DWI/DUI argument now the force used aspect I haven't the foggiest but I suspect, based on nothing but unrelated life exp., you will not get anywhere there either unless they broke something and you have x-rays, photos that look nasty. Sry but I'd, at the very least get a 2nd opiniuon before you pay a "breath-chaser" to do nothing for you....
I don't care if it's more or less. My entire family lives in Wisconsin. That's all I care about. I care about not seeing their names in the paper because some drunk retard decided they needed to get behind the wheel.
Ethan Perry
I’m currently in court for beating up a gypsy in self defense. Kinda goes like this: >at house party >everyone having fun >two hours in, five known gypsies that everybody hates get in uninvited >start fucking shit up >on the 6th disappeared phone people start to catch wind >catch the manlet of the bunch bothering a girl I’ve known since I was a kid >step in and tell him to stop >he just socks me in the mouth >not hard at all >sock him back >ko >his big cousin pops off on me from behind >then the rest come >my friends aren’t pussies so brawl ensues >police arrive >manlet has broken jaw >they’re yelling on how we discriminated against them and they were defending themselves >cops already know these dudes so they don’t even listen >the gyppos ended up suing And that’s about it for now. Apart from that, I think the case is ours due to how these brainlets didn’t think how it would be detrimental to their case to show up to the house of the guy you’re suing at 2 am with a katana.
>So no, they didn't "have you", they couldn't charge you with anything at that point. Read his post again, specifically the part where he admitted to the police that he was intoxicated and that he blew a breathalyzer.
Gabriel Collins
That’s what the actual law is here in Wisconsin, the blood test is for disputes only. I just like seeing the /pol tards freak out. My DWI lawyer in all his years has never had a person accept a field sobriety and a breathalyzer given a DWI say ok and be pinned down and forced to give blood. Hes a 76 year old Jew so thanks guy. Plus I wasn’t even impaired driving it was my blinker
Oliver Perez
>Blood sample is required for impaired driving other than Alcohol So you were drunk & high?
Ayden Morris
>Who gives a fuck how much he drank. The state does >Any amount affects you. I don't care about any of those other stupid driving laws like wearing seatbelts or required insurance those are on you but when you drive drunk you are endangering others.
It's actually heard to quantify since the only reason it's illegal is lowered reaction time. If he made it 40 miles, he wasn't endangering shit, this fantasy thought of a drunk driver you've conjured would crash long before that.
Kayden Green
It’s all on tape so it’s fine
Benjamin Thompson
He didn't blow a breath test, he did a PBT, a "pre breath test", also known as a roadside test. Those are not admissible. You may refuse them without penalty.
Colton Ramirez
Who am I going to believe that he drove 40 miles before hand? A drunk?
Jordan Carter
they were checking to see if you were also under the influence of drugs. never admit anything and NEVER EVER EVER take a breathalyzer unless you're totally sober and have no physical ailment that would make it hard to pass the road side sobriety test
Brody Gomez
Meh. Most juries believe breathalyzers and field sobriety tests. I’ve never seen them disbelieve
Joseph Powell
Not anything to do with being white, just having friends in the police you mong
Ethan Wright
>You may refuse them without penalty and what the fuck do you think is going to happen next. hint: it isn't them letting you drive away
Brayden Cox
Bro I don't think those were cops. It sounds like you got drunk, kidnapped, and then someone did some shady medical shit to you.
Adam Brown
>random number we pick isn't arbitrary Okay, back to the dog. No one has a "right" to drive in the first place.
Leo Diaz
Probably drug test. You live in a state where its legal or medical is legal? I heard on the news certain states can now test you for dope without consent since they legalized.
