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(The Smoking Gun) Fail Man in Breathalyzer costume busted for DUI. Claims he was "sotally tober."   (thesmokinggun.com) divider line 57
More: Fail, Miller's, underage drinking, blood alcohol, Budweiser  
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57 Comments   (+0 »)


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beerrun [TotalFark] 2009-11-02 01:06:34 PM  
No "ironic" tab?

 
beerrun [TotalFark] 2009-11-02 01:07:33 PM  
On second thought, perhaps "obvious" is more fitting.

 
Crosshair [TotalFark] 2009-11-02 01:17:22 PM  
Well I say his claim is as inherently reliable and accurate as breathalyzers are.

 
monkeyman3875 [TotalFark] 2009-11-02 01:43:11 PM  
Crosshair: Well I say his claim is as inherently reliable and accurate as breathalyzers are.

Beat me to it.

 
DeadZone [TotalFark] 2009-11-02 02:47:58 PM  
So, what the hell did he breathe into to prove his sobriety?

/cause, you can't blow yourself.
//You'll break your neck if you try.
///That's what I heard from this guy in new Jersey.

 
TommyDeuce 2009-11-02 02:50:21 PM  
Saw a guy in a home-made version of that in a bar here in Cedar Rapids. It was early enough that none of the ladies there were making use of the "blow here" function.

/Did enjoy all the cleavage on display though.
//Halloween needs to be once-a-month.

 
RockIsDead 2009-11-02 02:50:24 PM  
Every time you read about a cop being busted for DUI they refused the breathalyzer test.

Must know something.

 
Ponzholio 2009-11-02 02:51:38 PM  
Did he say he blew himself???

 
PumpUpDaFark 2009-11-02 02:51:43 PM  
Blow here to receive a TotalFark subscription.

 
Britney Spear's Speculum [TotalFark] 2009-11-02 02:53:11 PM  
Is anyone else getting this:
i.cdn.turner.com

instead of the next tab?

 
CitizenTed [TotalFark] 2009-11-02 02:53:43 PM  
How in the hell can you blow a 0.158% on Bud Light? You'd probably die of acute water toxicity long before you got that drunk.

 
Xlr8urfark 2009-11-02 02:54:05 PM  
TommyDeuce: //Halloween needs to be once-a-month.

Halloween, because calling it dress-like-a-slut day is too obvious.
/I agree

 
AbbeySomeone 2009-11-02 02:54:45 PM  
Dude's a class act.

 
therhinodep 2009-11-02 02:54:57 PM  
Analyze this!

 
cowgirl toffee [TotalFark] 2009-11-02 02:58:23 PM  
You would have to be drunk to like that costume.

 
Harry Freakstorm 2009-11-02 03:02:08 PM  
Make him dump his source code. See if there's any problems with his programming.

"Hey that's proprietary code, man. I'm taking it with me."

 
ankmcfly 2009-11-02 03:02:36 PM  
He knew he'd have to swallow his pride
To see how much beer there was inside
But, since he used his peter
For a breathalyzer meter
He broke his back when he tried

 
buckers1 2009-11-02 03:07:46 PM  
ankmcfly: He knew he'd have to swallow his pride
To see how much beer there was inside
But, since he used his peter
For a breathalyzer meter
He broke his back when he tried


bravo

 
themuleskinner 2009-11-02 03:09:31 PM  
Next time, stay at the party.

4.media.collegehumor.com

 
Theaetetus [TotalFark] 2009-11-02 03:15:33 PM  
themuleskinner: Next time, stay at the party.

Except that judging from the look on her face, she's throwing up.

 
Jeng 2009-11-02 03:17:28 PM  
RockIsDead: Every time you read about a cop being busted for DUI they refused the breathalyzer test.

Must know something.


Yea, they know not to have a breathalyzer reading in their permanent record.

 
tuna fingers [TotalFark] 2009-11-02 03:17:35 PM  
Britney Spear's Speculum: Is anyone else getting this:


instead of the next tab?


What?

 
Uncle_Slacker 2009-11-02 03:19:36 PM  
Ole Miss?

Ten dollars says his girlfriend is ten times hotter than average.

That whole campus is FULL of incredibly hot females... and if they leave a virgin, the statue of Colonel Reb will tip his hat or so they say.

Ole Mess.

 
Redscum 2009-11-02 03:21:27 PM  
Britney Spear's Speculum: Is anyone else getting this:


instead of the next tab?


That looks like the next tab to me. What are you seeing?

 
ttyymmnn 2009-11-02 03:26:46 PM  
I would have to vote for the Ironic tab. Irony is a difficult word to define, but you know it when you see it.

 
Kaka 2009-11-02 03:32:49 PM  
"and was then released to his girlfriend"

when the fun really starts

/came for pics of farkers in Balloon Boy costumes - leaving disappointed

 
Kaka 2009-11-02 03:34:15 PM  
RockIsDead: Every time you read about a cop being busted for DUI they refused the breathalyzer test.

Must know something.


My friend refused here in MN - he got fined and lost his license for 90 days but was charged with failure to comply rather than a DUI. My guess is that is better. Insurance and all...

 
HAMMERTOE [recently expired TotalFark] 2009-11-02 03:35:33 PM  
In other news, his best friend, in a Taser costume, was summarily electrocuted.

 
enforcerpsu 2009-11-02 03:36:52 PM  
Kaka: RockIsDead: Every time you read about a cop being busted for DUI they refused the breathalyzer test.

Must know something.

My friend refused here in MN - he got fined and lost his license for 90 days but was charged with failure to comply rather than a DUI. My guess is that is better. Insurance and all...


I've always wanted to ask that question...

What if someone just refuses everything? That means you get some other little offense but no DUI right? I mean, why would anyone actually TAKE the test? Wy not just say no and lose your license for 3 months?

Did I miss something?

 
Kaka 2009-11-02 03:41:33 PM  
enforcerpsu: Kaka: RockIsDead: Every time you read about a cop being busted for DUI they refused the breathalyzer test.

Must know something.

My friend refused here in MN - he got fined and lost his license for 90 days but was charged with failure to comply rather than a DUI. My guess is that is better. Insurance and all...

I've always wanted to ask that question...

What if someone just refuses everything? That means you get some other little offense but no DUI right? I mean, why would anyone actually TAKE the test? Wy not just say no and lose your license for 3 months?

Did I miss something?


All I know is that refusing is an automatic license suspension and a fine...buuuut so is a DUI? They treated him like a DUI - got locked up for 24 hrs, car towed, court, etc...but when he saw his parole officer she told him he had not been charged with a DUI, just failure to comply.

I don't know but if ever happened to me I am thinking I would go that way - it certainly can't be worse right?

 
lasercannon 2009-11-02 03:41:51 PM  
beerrun: No "ironic" tab?

Quite the opposite really. I would be a hell of a lot more suprised if anyone wearing a breathalyzer costume stayed sober. He might as well have dressed up as a keg for halloween.

 
NaziKamikaze 2009-11-02 03:42:38 PM  
Uncle_Slacker: Ole Miss?

Ten dollars says his girlfriend is ten times hotter than average.

That whole campus is FULL of incredibly hot females... and if they leave a virgin, the statue of Colonel Reb will tip his hat or so they say.

Ole Mess.


Ole Miss? Where did you get that?

It was in Oxford, Ohio which is a college town with a block of bars full of drunk college kids in the middle of nowhere.

 
huntley 2009-11-02 03:44:16 PM  
This also happened near Albany, NY

Link (new window)

 
PsyLord 2009-11-02 03:44:21 PM  
Did he claim that it was a contact "high"?

 
Kaka 2009-11-02 03:48:49 PM  
Sorry for the long c/p but in case you are interested this is from some DUI website;

Breathalyzer Refusal

State DUI laws have implied consent laws requiring consent to chemical testing, such as blood alcohol content, breath test and urine tests, as a condition of operating a motor vehicle in public areas. Implied consent laws in 49 states authorize or require the suspension of a driver's license for refusing a breathalyzer or blood test.

Many drivers who know that they're beyond the legal limit make the decision to refuse the test and accept the license suspension. The thought process behind a breathalyzer refusal is that without the breathalyzer or blood alcohol content test, the state will be unable to prove a DUI offense.

More Penalties for Breathalyzer Refusal

According to the most recent data collected by the National Highway Traffic Safety Administration, the rate of refusal nationwide was about 25%, with one state's refusal rate at 85%. Since the statistics in 2002, several states have revised or enacted laws to provide for stricter DUI penalties for blood alcohol content test and breathalyzer refusal.

As of January 2006, 19 states have additional civil or criminal penalties for blood alcohol content test or breathalyzer refusal. These states want to make the cost of a refusal high enough to force compliance with breathalyzer or blood alcohol content test requirements.

The penalties include fines, insurance surcharges, suspension or revocation of vehicle registration, jail time and enhanced penalties for drivers who refuse the breathalyzer or blood alcohol test and are convicted of DUI.
State Penalties for Breathalyzer Refusal

Alaska, Minnesota and Nebraska DUI laws provide for jail time for first offense refusals. With California and Vermont DUI laws, drivers who refuse the chemical test can be sentenced to jail terms if they've previously been convicted of DUI. In Vermont, the sentence can be as long as two years.

Under certain circumstances, fines for refusals reach as high as $10,000, not including court costs and increased insurance rates. In New Jersey, there's a $3,000 insurance surcharge for a first offense refusal, and that number increases with subsequent offenses.

Both New Jersey and Rhode Island DUI laws require participation in an alcohol treatment program for blood or breathalyzer test refusal.
DUI Conviction is Still Possible

If you refused a breathalyzer or blood alcohol content test and thought you were making it more difficult for the state to convict you of a DUI, you may have been correct. Drivers can be and are convicted of driving under the influence after chemical test refusals all the time.

Other evidence such as a smell of alcohol observed by the arresting officer, erratic driving, failure of field sobriety tests, the officer's observations of your speech and demeanor, witness testimony or the presence of open alcohol or empty alcohol containers in your vehicle can be used against you in court.

You may be facing severe penalties for the chemical test refusal. If you've been charged with DUI and refused a chemical test, or if you've been charged with a chemical test refusal, talk to a DUI attorney in your state. You should know the potential penalties and possible defenses before you appear in court.

 
bignobody 2009-11-02 03:49:01 PM  
I like the "Law Enforcement Use Only" text at the bottom of the picture :D

 
Hawnkee 2009-11-02 03:53:03 PM  
Totally sober...for a Scotsman.

 
beerrun [TotalFark] 2009-11-02 03:53:08 PM  
lasercannon: beerrun: No "ironic" tab?

Quite the opposite really. I would be a hell of a lot more suprised if anyone wearing a breathalyzer costume stayed sober. He might as well have dressed up as a keg for halloween.


See my subsequent post.

 
Jeng 2009-11-02 04:02:32 PM  
Kaka:
What if someone just refuses everything? That means you get some other little offense but no DUI right? I mean, why would anyone actually TAKE the test? Wy not just say no and lose your license for 3 months?

Did I miss something?

All I know is that refusing is an automatic license suspension and a fine...buuuut so is a DUI? They treated him like a DUI - got locked up for 24 hrs, car towed, court, etc...but when he saw his parole officer she told him he had not been charged with a DUI, just failure to comply.

I don't know but if ever happened to me I am thinking I would go that way - it certainly can't be worse right?


Most people don't get pulled over for complying with the law. People tend to get pulled over for a reason.

My DUI got reduced to reckless driving. In my DUI class the majority of people there had been charged with "obstruction of a roadway", and of course they were quite happy with that charge rather than DUI.

 
lasercannon 2009-11-02 04:13:06 PM  
beerrun: lasercannon: beerrun: No "ironic" tab?

Quite the opposite really. I would be a hell of a lot more suprised if anyone wearing a breathalyzer costume stayed sober. He might as well have dressed up as a keg for halloween.

See my subsequent post.


My bad. I really should work on becoming literate. I guess I had tunnel vision when looking at your comment.

 
CruiserTwelve [TotalFark] 2009-11-02 04:19:01 PM  
boyvoyeur: Yes. It depends when you last drank. If you stopped drinking two hours before you left the bar, more than likely your BAC is going down. Refuse the test and "call your lawyer" (it could be your brother, wife, or even time, whatever) and stall. They have to get the real breath test before (in MD) two hours of being arrested. That means you have close to four hours to let it pass through your system before the test. The fun part is when you pass the real test and they try to pin something on you (not using your blinker, weaving, speeding...). You can come up with many reasons why you don't want to take the roadside test (germs, unreliable, wanted to prove it with the real test...). But you can't refuse the real test. They can draw blood if you refuse the real breath test.

If you did 8 shots after drinking all night then ran to your car, you might as well take the roadside test. You are screwed.


It depends on what the specific laws are in your state. In Colorado, if you're arrested for DUI and refuse a test, your license will be revoked for one year and your refusal can be used against you in court. You'll still be charged with DUI.

If you test over .08, you can still lose your license, but for a shorter period of time and you'll have the option of driving if you get an ignition interlock installed in your car.

The test must be administered within two hours from the time you were driving for the license revocation to occur, but even if the test is over two hours it can still be used as evidence in the criminal trial. If you do anything to delay the test, it's considered a refusal.

IMHO, refusal is only smart of you have multiple prior DUI convictions. On a first offense take a blood or breath test and deal with the consequences.

 
eekscarykat 2009-11-02 04:21:23 PM  
My little question is what would happen for a refusal if you definitely haven't been drinking. I have prior and got one for having a dead small side tail light. I was coming home from work and went the speed limit the entire way home, but got pulled anyways and asked to give a breathalyzer. I think that is offensive considering I have cleaned up considerably over the last 5 years.

 
Kygz 2009-11-02 04:28:15 PM  
Oxford, OH. Home of only 4 (if you include the two little alleys around the uptown parks) one way streets, and this guy found one of them. Nearly every place a college kid would live in Oxford is within a half mile of uptown, too.

Cute key ring necklace he's got on in the pic, too.

 
joekm 2009-11-02 04:49:53 PM  
I've had someone once tell me they will, "insist on the blood test" thinking that they'd have to take him to the station to administer it and, in that time, he'd be sober enough to pass

/not sure if that'd work...
// I'll just stay sober, thanks....

 
Kaka 2009-11-02 04:55:17 PM  
boyvoyeur: Kaka - came for pics of farkers in Balloon Boy costumes - leaving disappointed

Don't be sad. I whored it.


Hahahaha!

Good one!

Speaking of whoring - to steal a line from Silence of the Lambs..."Love the box."

/brillant

 
Jeng 2009-11-02 05:09:39 PM  
eekscarykat: My little question is what would happen for a refusal if you definitely haven't been drinking. I have prior and got one for having a dead small side tail light. I was coming home from work and went the speed limit the entire way home, but got pulled anyways and asked to give a breathalyzer. I think that is offensive considering I have cleaned up considerably over the last 5 years.

Get used to it. Cops get very used to repeat business.

If they pulled you over for a bad tail light and it turned up that you were drunk and they didn't test you then they would be up shiat creek if you got in an accident abit later. This scenario does happen.

 
seadoo2006 2009-11-02 05:11:01 PM  
None of this really matters ... the kid was 18 and in Ohio, for people under 18, a .02 BAC is enough for DUI ...

/In any case, I go to Ohio University, rivals of the Red Hawks ...
//The one in ATHENS, not OSU in Columbus ...
///Comments about the vimen-folk in Oxford are accurate ...
////Slashies

 
Kahabut 2009-11-02 05:15:05 PM  
enforcerpsu: Kaka: RockIsDead: Every time you read about a cop being busted for DUI they refused the breathalyzer test.

Must know something.

My friend refused here in MN - he got fined and lost his license for 90 days but was charged with failure to comply rather than a DUI. My guess is that is better. Insurance and all...

I've always wanted to ask that question...

What if someone just refuses everything? That means you get some other little offense but no DUI right? I mean, why would anyone actually TAKE the test? Wy not just say no and lose your license for 3 months?

Did I miss something?


The part where you shouldn't be drinking and driving?

 
Kaka 2009-11-02 05:55:21 PM  
Ouch.

/but we deserved that.

 
CaptainFatass 2009-11-02 06:04:42 PM  
huntley: This also happened near Albany, NY

Link (new window)


From TFA:

"Piel was handcuffed, one hand, to a desk while an officer used a computer for the arrest report. When the officer stepped away, Piel -- using his free hand -- grabbed the mouse and deleted everything the officer had put on the report, Pero said."

Awesome.

(Albany native, had to read it. My hometown did not let me down.)

 
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