Infographic: 3 Levels of Police/Citizen Encounters

[Denny347]

Now can you refuse the roadside blow without a suspension? Or is that any different?

You are refering to a "PBT"...portable breath test. Those can be refused w/o consequence. They are only used to ensure we are dealing with ETOH and not medical or drugs. Their results CANNOT be used in court.

 

[Denny347]

My point exactly a roadside test is not certified. I have seen the 1 year suspension suspended, but only after court order.

The BMV will suspend you license for 1 year if you refuse. If you have a prior DUI, your license will be suspended for 2 years for a refusal. This is separate to the criminal proceedings and has nothing to do with the judge.

 

[cp009]

The BMV will suspend you license for 1 year if you refuse. If you have a prior DUI, your license will be suspended for 2 years for a refusal. This is separate to the criminal proceedings and has nothing to do with the judge.

I beg to differ I have seen it multiple times that the court reinstates licenses prior to the year suspension even after refusal.

 

[BehindBlueI's]

I beg to differ I have seen it multiple times that the court reinstates licenses prior to the year suspension even after refusal.

Its the difference between what should happen, what's in the statute, and what actually happens. IC code calls for the penalties Denny says. In reality, they often get waived or reduced, especially when rolled into the plea.

 

[Kutnupe14]

Wait, weapons and a crowbar are suspicious? Huh. Who knew?

Anyway, like most "one size fits all" advice, its hit and miss. All in all, pretty reasonable except the "only roll the window down a little bit." Absent inclement weather, that's suspicious by itself and is a very good indicator of DUI or recently smoked narcotics. I would order you out of the car if you refused, and the pamphlet certainly doesn't go into that (understandably do to space limitations). Only cracking the window is terrible advice.

+2 that's tge one that caught my attention too. Other than that it's not a bad graphic.

 

[grogie]

Last two times I was pulled over, I was clearly in the wrong. I was nice, the cop was nice, and in both cases having a clean record they let me go with a warning. If I had left my window mostly up, gave them lines, etc., I bet they would have wrote me tickets. I'm not saying that we should just open up like it's a confessional as I certainly didn't, but they were just doing their jobs and thanked me for being decent to them.

 

[stephen87]

There is an infinite number of small variables that would change a ski-mask from not suspicious to suspicious...or better yet, change "normal" behavior to suspicious behavior.

That's my point. Extenuating circumstances aside, a ski mask is not "suspicious behavior" like the article says. Middle of summer, suspicious. Middle of winter, smart move.

Ski masks are better basted, not seared.

Damn it! Trying to use my phone to post sucks sometimes.