DUI/Intoxalock (only Curious)

Topic 26281 | Page 2

Page 2 of 2 Previous Page Go To Page:
Rick S.'s Comment
member avatar

Marc the short answer to your question is no. FST’s are not required under the law. Implied consent only applies to chemical tests.

In my former life I had to deal with this a few times. An officer needs reasonable suspicion to ask a driver to do fst’s in the first place. The performance on those then lead to probable cause.

I always always always stressed to my officers make sure you have reasonable suspicion and probable cause in the correct sequence order. Not that the driver committed the offense of Contempt of cop. Most agencies have portable breath testers in the field these days. Those also are only legally viewed as an fst and does not conform to a legal chemical test under implied consent.

Difference between a "field sobriety test" (close your eyes, touch your nose), and a blow test? Locally - there are DUI task force units that are typically called, that do video and do FST's and blow tests. Usually they're NOT CALLED if the subject is so "falling down drunk", that it's fairly obvious they are impaired.

I'm one of those civilians that calls dispatch and follows someone who is "obviously impaired", until a unit arrives to make the stop. I have LITERALLY CHASED a hit and run DUI, until he was caught - and shot my own video. When the defense called me in for depo, he tried to make a fool out of me. Nice try dude. The DA was fairly impressed with the way I handled him, and I told the defense atty that I am the LAST PERSON HE WANTS on the stand.

Interesting article on GA implied consent law. In a nutshell - refusing to blow cannot be held against you in a court case for DUI (5th amendment implications), but will still result in a license suspension. How to make a DUI actually stick, becomes more difficult under these circumstances. In the case of a serious accident with injuries or death, it would probably be pretty easy to get the duty judge to issue a warrant compelling bloodwork. I've heard of cases where the cop hauled the offender into a hospital and physically forced them to submit WITHOUT A WARRANT - and the cases got thrown out.

We have a local bar (Cheers, go figure) that's a "4 O'Clock bar" - where most others are required to close at 2. Not uncommon to see a marked unit or DUI task force unit parked nearby, observing people as they exit - then making a DUI stop.

Rick

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

DUI:

Driving Under the Influence

EricGuvNC's Comment
member avatar

GREETINGS ALL,

I've been Clean & Sober since June, 1992 and a Commercial (Class A) Licensed Driver since November, 1998.

D.U.I./D.W.I./O.U.I. Check Points have been for Decades and while I anymore rarely see any such events, I'm sure they've probably become a bit stringent (but I'm just guessing). I've NEVER been through such a Check Point in any vehicle bigger than a Class C vehicle. My LAST DUI conviction was August, 1991, and of course it's permanently on my Driving Record and has caused little conflicts with Trucking Employers mainly in the L.T.L. realm.

--Schneider stated in 2008 that the conviction would be a problem with their Insurance--

I've known about some folks in early to mid 90's that had such restrictive devices in their personal conveyances and some folks found ways to side step the devices and drive their conveyances, yet they were not drinking or otherwise intaking of mezmerizing substances.

I'VE NEVER HEARD ABOUT OR HAVE EVER SEEN SUCH A DEVICE (INTOXALOT OR IGNITION INTERRUPT) INSTALLED IN A CLASS B OR A VEHICLE and hopefully will never view such device. Such has NO PLACE in TRUCKING!!

CHEERS!!

DUI:

Driving Under the Influence

Page 2 of 2 Previous Page Go To Page:

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More