Hmmmm Wrote:
-------------------------------------------------------
> Never heard of anyone actually doing the - get
> pulled over and chug alcohol to beat a DUI. This
> is how Id realistically see it going down:
>
> You pull over to the side of the road, immediately
> get out with something in your hand (vodka
> bottle)
>
> Cop rushes up shouting some kind of orders at you,
> while you continue to chug.
>
> You get tasered or something.
>
> You get arrested for DUI, obstruction of justice,
> resisting arrest.
I doubt you would get tasered if you weren't posing a threat to the cop. That would take a real asshole cop to do that, and with the dashboard cams nowadays I don't think a cop would want to risk a suspension for unnecessary force.
Obstruction of justice... maybe, but I wouldn't think so. Obstruction would imply a presumption of guilt. Since the cop would not be able to prove that you were driving drunk, he could not prove that you are interfering with a police investigation.
Resisting arrest... maybe, but again I don't think there would be sufficient evidence to prosecute you.
Either way, the goal is to receive a lesser charge than a DUI.
No clear answer here:
http://www.askfuzz.com/2011/04/16/can-you-chug-a-bottle-of-booze-after-being-stopped-and-beat-a-dui/