is is urban legend that you can get a DUI ticket in Fairfax just for using mouthwash in your car?

a buddy of mine told me this when he saw that I keep a bottle of mouthwash in my car's center armrest. he said that all mouthwash are based on alcohol(which is true) and by rinsing your mouth, the brethlyzers that the polic use will give reading to indicate that you have been drinking too much?

this true or not?

s



Edited 1 time(s). Last edit at 06/01/2010 10:59PM by inkahootz.

if I'm somehow caught in that kind of situation, do I have the
right to demand a blood or urine test to show that I really didn't
drink?


inkahootz Wrote:
-------------------------------------------------------
>
>
> It is true. If you use Listerene to rinse, you
> will blow above .20 for up to 30 minutes from time
> of use. Scope and others don't have as much
> alcohol as Listerene, so I don't know if they have
> the same results.

They would take you back to the station where they always do a second breath test and realize it was mouthwash.

s



Edited 1 time(s). Last edit at 06/01/2010 11:01PM by inkahootz.

even if the cops realize that it was only mouthwash, would
that still leave an arrest record?

inkahootz Wrote:
-------------------------------------------------------
> A true .20 BAC would take 8 to 10 hours to get out
> of your system. A listerene .20 would be gone in
> thirty minutes or so, and the machine at the
> station would reflect this. BTW, don't ever opt
> for the blood test, because if you smoke herb,
> they could bust you on a dwi for shit you smoked
> yesterday.
>
>
> bassbowl Wrote:
> --------------------------------------------------
> -----
> > if I'm somehow caught in that kind of
> situation,
> > do I have the
> > right to demand a blood or urine test to show
> that
> > I really didn't
> > drink?
> >
> >
> > inkahootz Wrote:
> >
> --------------------------------------------------
>
> > -----
> > >
> > >
> > > It is true. If you use Listerene to rinse,
> you
> > > will blow above .20 for up to 30 minutes from
> > time
> > > of use. Scope and others don't have as much
> > > alcohol as Listerene, so I don't know if they
> > have
> > > the same results.

Inka, you certainly are a wealth of info when it comes to fucking up.
I suspect I will be hearing from Death By Cop shortly.



Edited 2 time(s). Last edit at 06/26/2008 01:29PM by 496.

d



Edited 2 time(s). Last edit at 06/01/2010 02:41PM by inkahootz.

I have seen on arrest records where people have been convicted for refusing the breathalyzer. When did that become illegal?

-



Edited 1 time(s). Last edit at 06/01/2010 03:21PM by inkahootz.

So is it better to refuse if you are a first time offender to allow time for the blood levels to go down?

l



Edited 1 time(s). Last edit at 06/01/2010 03:20PM by inkahootz.

Inkahootz, while trying to help with his jailhouse law degree, is incorrect. There is NO such thing as a "felony refusal". If you are arrested for DWI, and refuse to submit to the breath test, you would be charged with refusal (18.2-268.2) It is a civil charge. Second refusal charge (for a DWI arrent within 10 years of a first) would be a class 2 misdemeanor. A third refusal charge within 10 years is a class 1 misdemeanor.

You will not be arrested for using mouthwash. Alcohol evaporates from your mouth within 20 minutes. (hence the 20 minute waiting period before taking the legal breath test at the jail) If you used mouthwash as you were being pulled over, by the time the officer offered you the preliminary breath test, the alcohol would be gone. He/She is also going to base an arrest on a totality of circumstances. Driving behavior, appearance, odor of alcoholic beverage, eyes bloodshot and watery, etc, etc.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-268.3

!!!



Edited 4 time(s). Last edit at 06/01/2010 03:15PM by inkahootz.

In VA you don't have to do field sobriety tests. The only measure that counts in court is the massive breathalyzer they have in the station. Failing field sobriety tests/breathalyzers just gives them more reason to bring you to the station for the legally binding test.

watcher Wrote:
-------------------------------------------------------
> There is NO such thingas a "felony refusal".

Virginia Courts Case Information


Fairfax County General District (Prepayable) ***
Traffic Case Details Page : GT06123664-00

Case Number: GT06123664-00 File Date: 06/19/2006 Complainant: FISHER, R L Locality: COUNTY OF FAIRFAX
Defendant: HANSON, STEVEN SCOTT Defense Attorney:
Address: VIENNA VA 22182
Sex: Male Race: White Caucasian(Non-Hispanic) DOB: 09/23/****
Charge: REFUSED BLOOD/BREATH TEST Code Section: 18.2-268.3 Case Type: Felony Class:
Amended Charge: Amended Code: Amended Case Type:
Offense Date: 06/17/2006 Arrest Date: 06/17/2006
Hearings
Number Date Time Result Hearing Type Courtroom Plea Min Continuance Code
02 08/30/2006 12:00 AM Continued Officer's Request
03 10/25/2006 12:00 AM Finalized
Final Disposition in District Court: Nolle Prosequi Fines/Costs Paid: Fine/Costs Paid Date:
Sentence Time: 00Hours Sentence Suspension Time: 00Hours Operator License Suspension Time: 00Years 00Months 000Days
Fine: Cost:
Operator License Restriction Codes: Restriction Start Date: Restriction End Date:
VASAP:


And this was related to a first offense DWI:Virginia Courts Case Information


Fairfax County General District (Prepayable) ***
Traffic Case Details Page : GT06124597-00

Case Number: GT06124597-00 File Date: 06/20/2006 Complainant: FISHER, R L Locality: COMMONWEALTH OF VA
Defendant: HANSON, STEVEN SCOTT Defense Attorney:
Address: VIENNA VA 22182
Sex: Male Race: White Caucasian(Non-Hispanic) DOB: 09/23/****
Charge: DWI, 1ST Code Section: A.18.2-266 Case Type: Misdemeanor Class: 1
Amended Charge: Amended Code: Amended Case Type:
Offense Date: 06/17/2006 Arrest Date: 06/17/2006
Hearings
Number Date Time Result Hearing Type Courtroom Plea Min Continuance Code
02 08/30/2006 12:00 AM Continued Officer's Request
03 10/25/2006 12:00 AM Finalized
Final Disposition in District Court: Guilty Fines/Costs Paid: Yes Fine/Costs Paid Date: 01/18/2007
Sentence Time: 00Months 030Days 00Hours Sentence Suspension Time: 00Months 030Days 00Hours Operator License Suspension Time: 00Years 12Months 000Days
Fine: $250.00 Cost: $167.00
Operator License Restriction Codes: Restriction Start Date: 05/29/2007 Restriction End Date: 10/24/2007
VASAP:

;



Edited 3 time(s). Last edit at 06/01/2010 02:54PM by inkahootz.

I used to know an drunk that drank mouthwash (or Aqua velva) by choice. He said it was cheaper, available 24/7, and easier to shoplift. Ethyl alcohol is ethyl alcohol no matter what it comes in.


BTW, there are alcohol-free mouthwashes...Crest Pro Health is one.

So Inkahootz, Riddle me this: where in the code section that you provided does it mention anything about a felony? I do believe Watcher is correct.

-----------------

§ 18.2-268.3. Refusal of tests; penalties; procedures.

A. It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section.

B. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal.

C. The arresting officer shall, under oath before the magistrate, execute the form and certify, (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection B to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

D. A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant's privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant's privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant's privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

h



Edited 2 time(s). Last edit at 06/01/2010 11:58PM by inkahootz.

I am correct.

Inkahootz is wrong.

'nuff said.

l



Edited 1 time(s). Last edit at 06/01/2010 11:34PM by inkahootz.

inkahootz Wrote:
-------------------------------------------------------

> Then explain the court record.

I provided you with the STATE LAW where it prescribes the punishment clearly, specifically in subsections B and D. The word "felony" is not mentioned as punishment. I echo Watcher when I say "There is no such thing as a felony refusal charge."

I think the most likely explanation for the court record is a clerical error. Those do happen as evidenced by some past threads on this site. The thread where some clown came on here to complain about the police department record stating he was charged with incest comes immediately to mind.

I understand that the police department records and court records are different but the one thing they have in common is the possibility of human error during the input of the data. The state law is clear and the courts cannot supercede the law and create a felony out of a civil charge or subsequent misdemeanors.

I will bet my life that INKA is wrong... There are few things that I'm 100% sure about, but this is one of them..

it's possible that the cop just entered the wrong code, felony or misd., and it got corrected later. seems likely to me as I have also never heard of a felony charge for that, but I hear about cops typing the wrong codes in all the time.

No, that isn't possible since there is no code section for a felony refusal. A clerk might have checked the wrong button for FELONY instead of MISDEMEANOR.

And a refusal charge is issued on a magistrates summons, so the officer couldn't have typed the wrong code.

Riddler provided the actual code, I provided the link for the code.

Inka, I know it hurts, but you are dead wrong on this. Good day, sir.

watcher, you took what I said a little too literally. I essentially meant what you said. I meant they entered refusal as the charge and felony as the type.

lll



Edited 1 time(s). Last edit at 06/01/2010 11:38PM by inkahootz.

g



Edited 2 time(s). Last edit at 06/01/2010 03:19PM by inkahootz.

If you refuse to blow they can fine the hell out of you, and your insurance may/will make life very difficult for you. Remember, you signed a piece of paper when you received a driver’s license saying you would “blow.” Cops want you to refuse to blow so they can make as much crap up as possible to lie to the judge how shit faced you were.

I was pulled over and wasn't drunk. The cop pleaded with me to refuse to blow, telling me they will only take my license away for 30 days and I could only drive to and from work during the suspension. I blew and I was not DUI. I went to court for the speeding ticket and everyone in front of me with the same arresting officer refused to blow. They all got the book thrown at them. Blow. If you refuse, the legal system is against you.

I agree with FUNdamental. You should definitely blow for the cop - but not into the breathalyzer..... you know what I mean....