um yeah... i'd listen to that guy ^ (smokey)
best way to avoid the charge: dont do it in the first place

 

It does extend to drugs, they can test you.

http://law.justia.com/virginia/codes.../18.2-266.html


This is an implied consent state, if you want the privilege of holding a driver's license you give up your 5th amendment right to not provide evidence against yourself by agreeing to sobriety tests (chemical and field).

 

[QUOTE=marlinspike;4974454]The 15 minute observation period still won't correct the partition ratio (yes it's calibrated, but it's calibrated to assume a 2100:1 ratio to convert breath alcohol to blood alcohol, though for a given individual at a given time it can be 900:1 or 3000:1), issues with diabetics, issues with people on protein diets, issues with an overly long blow, etc.

Why not instead conduct the FSTs (and if the suspect is wearing high-heels get her to take them off first and step somewhere that isn't a sharp surface, heck maybe keep one-size-fits-most slippers in the trunk) and see if the person is actually impaired? The Intox results are treated like they're the Bible truth because it comes out of a magic electronic box, when they should be treated like just another test, at most.

BTW, military eh? You need to tell the folks in Washington to make sure the person who signs for the blood delivery has his name somewhere on the chain of custody, rofl. Oh, and I once mentioned on-base DUIs to my dad, he couldn't believe it, but then he was in the military in the 60s (and remembers it just being "you're in t


I usally just call the 1SG, they take care of them well back at the post i used to be at. Seems like its a different army where I am at now. I seen one 1SG that made the soldier run around the whole damn post i am thinking till he got undrunk.. got him at 3 am and i got off at 6 almost 7 and seen him running still... I was like poor guy... then i was like i hope he learns his lesson. Also almost forgot... The sample you are talking about.. I have never seen anything like this... We blow the guy/gal and it prints of the ticket and says what his BAC was. Is that what your refering 2?. There is more to the process then just giving a guy/gal a FST and if he fails then charge him..

 

Actually, implied consent is only so strong. Challenges to compelled blood draws and breath tests have been brought. The thing is as far as the courts are concerned those aren't the kinds of things protected by the 5th Amendment (and, to be fair, as far as the history of 5th Amendment protection is concerned, that's a fair ruling, though there are plenty of protections that have expanded with time as fairness dictates, why not this?). If they were protected, they might not be able to require you to submit to them in order to maintain your license, implied consent or not.

 

Nope, not talking about the test ticket. There is a device available to capture the sample, so that it may be later subjected to independant testing. AFAIK nobody uses it.

 

Hummm. Its been a while since i have used it so i cant say anything and know 100% I am right. as far as i can remember it wasted the air that the guy/gal blew, just shot it right back into the room. But like the other guy said there are many variations out there. All i remember is pulling the ticket then closing the door.

 

im headed to sleep. I will look into it tommarow at work then i will post up again.

 

Right, this is the only setup I have ever seen/heard of a state using; however, there is an available attachment that captures the sample. My point is since this technology is available, why shouldn't the state utilize it to allow the defendant to have the sample tested by an independant lab?

 

GTFO of here with that shit.
The media just needed something to cover, that shit is so bogus.
Everything we need to know about marijuana has already been discovered. It's been used for more than enough years to know what the outcome is.

 

Google "Henry's law", It's the scientific theory the Intox 500cd-fg is based on. The newer version Intox ec/ir II is also based on Henry's law. Both machines test themselves on a known solution. The 5000 is a liquid solution, the newer version is gas version. Yes, alcohol is temp dependent. The Intox 5000 has an operating temp range that is equivalent to ones body. The newer version is a little different because it's a dry gas solution, but the analytical system is heated which provides consistent and stable analysis.(google "the ideal gas law") If either machine is out of tolerance on the standard test solutions or the machine is to hot or to cold they will disable. It comes down to the machines will not give you a result unless all the functions are in proper working order and ranges. Hell, the new machine will even indicate if you inhale instead of blow.

Edit: As for the mouth alcohol issues, both machines will indicate if it's present and requires the test be restarted back at the 20 minute observation period.

Edit2: All the samples are available here in Va, all you have to do is contact DFS. They will also give you the dates of the machines certifications.

Edit3: Here in Va you do have the option to have an independent test of your blood. All done though the court. Two samples are taken, one is tested by the state for prosecution and the other is available for independent testing at the defendants request.