T Hoopie

May 13th, 2015 at 5:33 PM ^

Gives a person more time to process alcohol if they're on the .08 borderline. You are supposed to have license suspended for refusal, however most police don't actually want to process the paperwork for it. 

I agree wholeheartedly that you should almost always refuse(or play dumb).

outwest

May 13th, 2015 at 5:52 PM ^

I will disagree.  In Oregon at least, the DA will extrapolate backwards to the time of the stop to what the BAC was at the time of stop.  So delaying and making the officer get a search warrant for blood does not do the suspect any favors.  Also, at least in Oregon, a breath test refusal makes the suspension significantly longer than just providing the breath sample. 

 

There are some cops that are lazy and wont right a search warrant, but I know in my area it is part of the policy of the PD that a warrant will be written.  And in Oregon the officers arrest on impairment.  So theoretically a person could be arrested for DUI, blow below a .08, and still be convicted for DUI.  In Oregon the .08 is only a DMV thing and actually has little to do with the criminal conviction. 

T Hoopie

May 13th, 2015 at 5:54 PM ^

This is nonsense. So you're saying a DA can use a higher BAC number than what was tested? Based on assumptions? 

Methinks you may want to go back to the police academy.

outwest

May 13th, 2015 at 6:10 PM ^

Alcohol dissipates from the body at a rate of about .015% per hour.

 

Once the BAC result is found after the blood draw, the DA simply needs to add .015% per hour to get the BAC at the time of stop.  So it is math and not just an assumption like you say.

Pinky

May 13th, 2015 at 6:17 PM ^

It is an assumption because there's no way to know when the driver's BAC peaked.  In other words, at the time of testing, the BAC could be rising or falling. And in any event, that .15% figure has been shown to vary substantially from person to person.

Optimism Attache

May 14th, 2015 at 6:41 AM ^

Uh, what does that even mean? We're not talking about taking away constitutional rights. We're talking about the level of penalty for refusing to take a brethalyzer, something that already carries legal consequences in every state. 

I hope your whole comment was sarcastic, but I think it is just the flag part.

 

/s

Rabbit21

May 14th, 2015 at 10:33 AM ^

I can get behind the license suspensiuon over it, but attaching any legal prosecution issues to it is MAJORLY problematic constitutionally.  Revoking a privilege is fine(if not my favorite thing either, as someone may just be cantankerous or doesn't want an arguably inaccurate test to determine his or her fate and losing a privilege for a year for that seems.....excessive), but the criminal penalties associated with DUI are (rightly) so severe that assigning them simply based on a refusal to take a test just cannot be justified, with or without the fifth amemdment. 

As always I ask, what if it was you in this situation, what sort of legal protection would you want?

sadeto

May 13th, 2015 at 10:40 PM ^

This is true and why this talk of "burning off" alcohol is problematic, it assumes that all of the alcohol is in your bloodstream. But if some of it is still in your gut, then your BAC may go up after the point at which you refuse the breathalyzer (which is actually rarely a breathalyzer, that's usually in the station house). So you're taking your chances by refusing.

Pinky

May 13th, 2015 at 6:07 PM ^

The point is that the vast majority of officers aren't going to take the trouble to get a warrant.  And yes, conviction on impairment is possible, which is why I said if you're completely stone drunk it won't matter either way.

xtramelanin

May 13th, 2015 at 9:57 PM ^

nowadays, with fax and internet it adds maybe a 1/2 hr to the deal, sometimes an hour.   if you burn off ~ .015% of booze an hour it can help you marginally at best, but meanwhile you've just tubed your license for a year. 

Pinky

May 13th, 2015 at 5:54 PM ^

No, what it results in is you getting a summary suspension hearing (may be called something different in Michigan) where the cops are going to recite the same three BS things every single time: slurred speech, bloodshot eyes, and smell of alcohol.  Unless you were absolutely out of your mind drunk, the hearings aren't that hard to win because most cops don't take the time to get the warrant for blood testing after you refuse the breathlyzer.  As a general rule, willingly giving prosecutors and/or administrative agencies evidence they need to convict you is a bad idea.

Don

May 13th, 2015 at 7:02 PM ^

Looks like they already did the blood work, according to the article. Doesn't mention a warrant, either.

"he was arrested at Airport Blvd. and State Street."  What drinking establishments are down in that part of town?

Zoltanrules

May 13th, 2015 at 5:22 PM ^

Change is painful enough, but when you do stupid shit like this on top of it, the press will be chomping at the bit. Mgoblog is going to a busy site this summer....

lilpenny1316

May 13th, 2015 at 5:24 PM ^

One day, the hoops team makes us feel good, the next, the football team brings us back to earth.  I fully expect us to land a grad transfer in basketball tomorrow.

Jimmyisgod

May 13th, 2015 at 5:42 PM ^

As someone else mentioned. This is especially troubling considering we have had some alcohol problems with the players and this is supposed to be one if the guys leading them. Ugh.

DarkWolverine

May 13th, 2015 at 5:52 PM ^

Sorry, If True, Guy Needs To Be Fired
Harbaugh's guys are paid well enough to pay for a cab, especially this guy who gets a military officer pension on top of his salary. Amazingly poor judgement, again if true. No second chances for something like this, in my opinion.



Sent from MGoBlog HD for iPhone & iPad

kb

May 13th, 2015 at 6:13 PM ^

I get it, driving after you have been drinking or are buzzed is not cool. Let's be honest, many of us have done it and have or have not been got caught before. As long as it is or has not been a pattern, I see DUIs as a slap on the wrist offense for first timers unless circumstances indicate otherwise ( e.g., .20+ BAC).

Wendyk5

May 13th, 2015 at 6:23 PM ^

Yeah, many of us have done it (raising my hand, back in high school) but if true, Minick loses credibility with the players, and if you lose that, what do you have? Sucks, but that's just the way it goes. 

T Hoopie

May 13th, 2015 at 6:47 PM ^

Agree entirely.

When I get absolutely shitfaced drunk nowadays, there's a 100% chance of me taking a cab, walking, or staying over at a friends place. However, there are plenty of times where I'm probably somewhere close or above the .08 limit and have no issues with driving.