FAR 61.15 Offenses involving alcohol or drugs

[Amish RakeFight]

FWIW, in NYC here's how it works.

If you're pulled over by a police officer and refuse to blow, you end up getting your license suspended for 1 year. After that you'll get it back and there won't be any record of this DWI.

If you do blow and are above a .08 you get handcuffed and brought down to the field sobriety office for an official test. This consists of using more accurate equipment and may include a blood test as well. Here's the thing though, depending on how much time transpires between the inital brethalyser and the field check, you may be let go. If you STILL blow above a .08 at the field office, you get booke and charged. If you've been cooperative and the officer likes you, he may take his time getting you down there and having you takethe official test. If enough time has gone by after say blowing a .10, you might find that by the time you get blood drawn or blow a second time you're below .08. If under, you are released and no record of this incident will exist.

 

[DrewBlows]

This isn't even worth arguing. It's easy to understand why no politicians will touch the issue because they will instantly be labeled as advocates for drunk driving. I'm no drunk-driving sympathizer, though some of you won't believe me. To put it into context, I'm no fan of Illinois Nazis, but I support their First Amendment right to free speech, because if we take rights away from the citizens we find deplorable we can't say much when we are the ones whose beliefs others find deplorable.