Drunk driving checkpoint

[BehindBlueI's]

Always blood for us. And it's only Morgan county. Marion must have a different place they use, or their own staff to handle the blood draw.

I think people are hoping the delay in obtaining a sample will get them out of a DUI. Their license is toast either way by refusing breathalyzer, may as well try to get lucky

Paul pelosi was .082 after refusing breathalyzer. Took two hours to get blood from him, so probably over 0.12 when he got in the accident. He almost made it under legal limit.

For some reason can't use basic human physiology to work backward on the metabolized level

Eskenazi is where Marion County goes, I think.

I'm pretty sure you can use the 'work backward' formulas as evidence. I know a guy who's definitely an SME in this area and if I can remember I'll ask him tonight.

 

[***Ironhead***]

Just don't drink and drive.

I dont, I usually use a one iron

 

[Timjoebillybob]

Urine is worthless for OVWI charges. It's a byproduct of metabolizing ETOH. It just shows it was in your system, not how much. Blood is the accurate method by which to measure BAC. Most warrants are from traffic stops. After that it's SBI crashes. Checkpoints don't produce a lot of arrests and even fewer blood draw warrants.

Thank you much, but urine will also show a longer timeline for use of drugs other than ETOH. As an example MJ, urine will show up to 30 days or more, blood a day or less.

Always blood for us. And it's only Morgan county, Marion must have a different place they use, or their own staff to handle the blood draw.

I think people are hoping the delay in obtaining a sample will get them out of a DUI. Their license is toast either way by refusing breathalyzer, may as well try to get lucky

Paul pelosi was .082 after refusing breathalyzer. Took two hours to get blood from him, so probably over 0.12 when he got in the accident. He almost made it under legal limit.

For some reason can't use basic human physiology to work backward on the metabolized level

Thank you. Does Morgan Co. not have a blood draw facility, or are you just closer for part of the county?

 

[thompal]

I could've sworn that at least in the past, trying to avoid a checkpoint (in an obvious way, like hanging a U-turn even where it's legal) would get you pulled over. It sounds like that's no longer the case?

I seem to remember that being the case also.

 

[BehindBlueI's]

I could've sworn that at least in the past, trying to avoid a checkpoint (in an obvious way, like hanging a U-turn even where it's legal) would get you pulled over. It sounds like that's no longer the case?

Legally avoiding a checkpoint is not reason to stop someone. U-turns after all the legal turn offs are more questionable (and seldom actually legal on any checkpoint I've seen) but if legal and no signs of impairment you couldn't be legally stopped for it. A u-turn where you fail to signal, hit the curb, etc would be reason to stop you the same as it would be if there was no checkpoint.

 

[BehindBlueI's]

Thank you much, but urine will also show a longer timeline for use of drugs other than ETOH. As an example MJ, urine will show up to 30 days or more, blood a day or less.

If you're trying to prove someone drove intoxicated, a 30 day window doesn't help your case. It proves they were at some level of intoxication at some point in those 30 days when what you need to prove is a specific level of intoxication or higher at a very certain time, when they were behind the wheel.

 

[HoughMade]

Eskenazi is where Marion County goes, I think.

I'm pretty sure you can use the 'work backward' formulas as evidence. I know a guy who's definitely an SME in this area and if I can remember I'll ask him tonight.

You need an expert to do it, but you can work backwards.

 

[HoughMade]

“…Sanders was taken to Dukes Memorial Hospital. At 6:37 a.m., hospital staff drew a sample of Sanders' blood, disclosing an alcohol serum level of 63 mg per deciliter.”

“Finally, Dr. George Behonick, a toxicologist, testified regarding his assessment of the hospital and law enforcement blood draws. Dr. Behonick opined that Sanders would have had a blood alcohol content of between .093 and .107, depending upon the time of the accident. Dr. Behonick testified that a person begins to show impairment when the person has a BAC of around .05.

The State presented sufficient evidence to permit the jury to conclude, beyond a reasonable doubt, that Sanders was intoxicated when he drove.”

Sanders v. State, 2016 Ind. App. Unpub. LEXIS 842, *8, 59 N.E.3d 1103

 

[BehindBlueI's]

“…Sanders was taken to Dukes Memorial Hospital. At 6:37 a.m., hospital staff drew a sample of Sanders' blood, disclosing an alcohol serum level of 63 mg per deciliter.”

“Finally, Dr. George Behonick, a toxicologist, testified regarding his assessment of the hospital and law enforcement blood draws. Dr. Behonick opined that Sanders would have had a blood alcohol content of between .093 and .107, depending upon the time of the accident. Dr. Behonick testified that a person begins to show impairment when the person has a BAC of around .05.

The State presented sufficient evidence to permit the jury to conclude, beyond a reasonable doubt, that Sanders was intoxicated when he drove.”

Sanders v. State, 2016 Ind. App. Unpub. LEXIS 842, *8, 59 N.E.3d 1103

I was pretty certain that you could do so, at least in a certain window, since we had time limits to do things and had to annotate times precisely. I figured it was possible I misremembered. I haven't made a DUI arrest since early 2012-ish or late 2011-ish.

 

[Ingomike]

So at the end of the day, it comes down to if the officers and or prosecutor want to proceed against a person if the draw is below at the station…

 

[Cameramonkey]

Its legal, but "suspicious" lol

And I suspect lawful for an officer to follow you for a while so they can observe and pull you over when you roll through a stop, cross the yellow line, "weaving all over the road", etc.

 

[Tryin']

I never cease to be amazed at how many people live in jurisdictions where the police are so bored that they have to make up reasons to stop people. And at how it's always for the same purpose; civil forfeiture and local revenue generation. And at how every single citizen has fo' sho' been subject to one of these fishing expeditions, and usually more than one in their lifetime. Astounding.

 

[actaeon277]

 

[DoggyDaddy]

View attachment 221100

 

[BJHay]

Just get your wife pregnant. You'll have a designated driver for the next nine months.

 

[BehindBlueI's]

So at the end of the day, it comes down to if the officers and or prosecutor want to proceed against a person if the draw is below at the station…

Blood isn't drawn at a station, at least in Indiana, and results aren't immediately available as it has to go to a lab for processing. I don't know the current wait but it used to take a couple of weeks. Absent some other charge, you release them and then file for a warrant once results come back. That said, I probably sucked at drunk detection because I never got someone who was on the bubble and I locked up a pretty reasonable amount of OVWIs for a couple of years. I'm sure I stopped them, I just didn't pick up on it. The ones I got were in the high teens at least.

Note that "with endangerment" drops the required BAC to something like .04, IIRC. One issue with checkpoints is it's likely you haven't observed any driving behavior and don't have the endangerment option, unless they bump cones, almost strike an officer, etc.

 

[DragonGunner]

They just ask for ID so you roll your window down so they can smell your breath. Saw a video where guy just cracked window enough to slip ID out…lmao. Cop kept demanding he had to roll it down but he didn’t. Saw a cop stop my friend once and ask if he had been drinking. Friend was born in Vietnam, he said no here smell my breath and leaned out to breath on him. Cop stepped way back and said no way you probably been eating dog. Local cop knew him, lol. I think if you just breath real hard on them they like it. Wonder what would happen if everyone just ate a onion waiting in line???