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Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 03-25-2014, 12:47 AM   #26
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Quote:
Originally Posted by tool001 View Post
i dont know, to blow a .06 u gotta be drunk.

i had 3 shots(soju) + 3-4 beers. then stopped drinking about 1 hr + before driving. i blew a .019
but i think .06+ is quite intoxicated to drive


breathalysers, accuracy dies, after a few test, as water vapour in ur breath fucks the sensor.. ..
Everyone is different and BAC is highly dependent on weight in addition to a dozen different factors such as fat/muscle ratio, metabolism, age, gender, health, how much water/food you had with drinks, etc.

If you were a 64kg male, 3 shots of soju and 3-4 beers would make you at 0.16~ minus 0.01 for every 40~minutes.

for comparison: 2 cans of beer + 64kg male = 0.06

I did the math for me and the BAC chart on http://en.wikipedia.org/wiki/Blood_alcohol_content was pretty accurate for me for what i blew but i was nowhere near drunk.
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Old 03-25-2014, 06:09 AM   #27
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[QUOTE=geeknerd;8443126]I took huge breaths and blew it like a balloon each and every time because the cop kept saying dont fuck around, if you fuck around blah blah blah. Once he saw that i was comprehensive and compliant his attitude returned to normal though. I didn't even know that such methods would affect the reading. Now i know why they kept emphasizing to blow as hard you can.
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A trained operator ( & they must be) will ensure that a sample "suitable for analysis", will be obtained. If you don't blow properly you can be charged for failing to provide a suitable sample. If the person providing the sample is not blowing into the instrument correctly then it is SOP to tell you that you are not blowing properly and may be charged if you don't.

Reading between the lines of what you said, it sound like he may have felt you were not providing a proper sample. If you think you can avoid a charge/suspension by not blowing properly you could find out how dangerous a game that can be. THAT is the tip I'm giving you.
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Old 03-25-2014, 08:38 AM   #28
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How does one go about not providing an appropriate sample?

I have been breathalysed a handful of times (I am often DD, and cops fail to believe someone young with a car full of drunks is sober), And you have to blow so much goddamn air and at such a high rate I am almost winded by the time I trip the machine.

I can't imagine anyone blowing lightly into the machine and still actually triggering it to provide a reading.

I guess if you have really big lungs or some shit, but for me it pretty well takes the hardest longest blow I have to trip the machine into providing a reading.

The first time I ever had to blow it took three tries for me to even get it. I thought I was going to pass the fuck out the third time.
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Old 03-25-2014, 03:27 PM   #29
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IIRC, first reading was 0.076. i asked to blow again as you are permitted by law to request and get a second machine to blow on of which the lowest reading will count.

Literally two minutes later the reading was 0.065

2 minutes to bring it down 0.01 interesting...

if the margin of error is 0.01 i might even have a case for dispute. anyone heard of such cases? lol
When you blow into a second device, isn't the reading supposed to be delayed 15 minutes after the 1st ASD reading?
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Old 03-25-2014, 05:58 PM   #30
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That legislation was introduced after I retired so maybe ShoBC can answer that. IF there is any indication of very recent consumption of alcohol then the initial test is delayed for 15 minutes at roadside so to not provide a false high reading due to residual mouth alcohol. It's always been gone within 5 minutes in my experience but I always waited the 15 minutes before testing at roadside. If it is in the Datamaster back at the Cop Shop then there is a minimum of 15 minutes between tests.
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Old 03-25-2014, 07:39 PM   #31
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The second test is simply to verify the first in the rare case of some crazy obscure malfunction that resulted in a WARN or FAIL, so there is no need for any delay.
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Old 03-25-2014, 08:09 PM   #32
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As it is in a different instrument then it would make sense to do them that quickly apart. Thanks for the update.
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Old 03-25-2014, 11:32 PM   #33
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[quote=zulutango;8443321]
Quote:
Originally Posted by geeknerd View Post
I took huge breaths and blew it like a balloon each and every time because the cop kept saying dont fuck around, if you fuck around blah blah blah. Once he saw that i was comprehensive and compliant his attitude returned to normal though. I didn't even know that such methods would affect the reading. Now i know why they kept emphasizing to blow as hard you can.
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Originally Posted by geeknerd View Post

A trained operator ( & they must be) will ensure that a sample "suitable for analysis", will be obtained. If you don't blow properly you can be charged for failing to provide a suitable sample. If the person providing the sample is not blowing into the instrument correctly then it is SOP to tell you that you are not blowing properly and may be charged if you don't.

Reading between the lines of what you said, it sound like he may have felt you were not providing a proper sample. If you think you can avoid a charge/suspension by not blowing properly you could find out how dangerous a game that can be. THAT is the tip I'm giving you.
nothing to read between the lines... before i even did my first blow he gave me a whole speech about have you ever blown up a balloon? do it like that and you better not fuck around cuz if you fuck around something something. i was quite surprised at such language and attitude tbh. he also double questioned that i have never used a breathalyzer before (which is true).

did my first one then he said blow again just like the first time so obviously i was doing it properly. i blew that thing hard as i can and now i know thats the worst thing to do for yourself lol.
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Old 03-26-2014, 05:38 AM   #34
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[quote=geeknerd;8443844]
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Originally Posted by zulutango View Post
[I]

nothing to read between the lines... before i even did my first blow he gave me a whole speech about have you ever blown up a balloon? do it like that and you better not fuck around cuz if you fuck around something something. i was quite surprised at such language and attitude tbh. he also double questioned that i have never used a breathalyzer before (which is true).

did my first one then he said blow again just like the first time so obviously i was doing it properly. i blew that thing hard as i can and now i know thats the worst thing to do for yourself lol.

Not sure why "language" was used? Sometimes you have to resort to "language" to communicate on a level where some people operate but I'm NOT assuming that was your case. The balloon analogy is used to explain why you need to blow hard & keep blowing hard. Most people will not blow properly and you waste time playing a game of..." do it again but blow harder and longer this time". He may have asked if you had been screened before because if you had you would know what was required by law.The instrument will indicate to the operator if the sample is not good enough for analysis.

I stand by my highlighted post then...but I'll remove "Reading between the lines of what you said, it sound like he may have felt you were not providing a proper sample to go with what you explained.
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Old 03-26-2014, 12:25 PM   #35
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Wow... .06 that's like.. 1 drink and you can't drive? Incredible
it takes quite a bit more than one drink to get to .06 lol.

I had about 3 drinks drinks in an hour and still blew WELL below .06. Everyone is different but one drink definitely will not get your blood alcohol anywhere near .06, let alone .05. At .08 (unless you are a seasoned alcoholic), you will feel it for sure. Even at .06, you will most likely know you should not be driving and if you do you are taking a big risk.

So to all of you who still say "a couple of drinks a few hours ago"... lol... sure.
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Old 03-26-2014, 12:30 PM   #36
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[quote=geeknerd;8443844]
Quote:
Originally Posted by zulutango View Post
[I]

nothing to read between the lines... before i even did my first blow he gave me a whole speech about have you ever blown up a balloon? do it like that and you better not fuck around cuz if you fuck around something something. i was quite surprised at such language and attitude tbh. he also double questioned that i have never used a breathalyzer before (which is true).

did my first one then he said blow again just like the first time so obviously i was doing it properly. i blew that thing hard as i can and now i know thats the worst thing to do for yourself lol.
a five year old could provide a suitable sample, and you would be surprised, well maybe not, at the amount of people who try to get away with blowing through their teeth or blow as if they have COPD. Once they get the "if you fail to provide it will be a fail and your car will be impounded for 30 days and you will lose your licence for 90", they miraculously blow like...............
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Old 03-26-2014, 12:40 PM   #37
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Actually on that subject, i have a friend who has a medical condition where his lung capacity is severely limited, i forget exactly what happens but it's quite the process the time he got asked for a breath sample... (No, it's not a bullshit condition, it's documented and he has one of those bracelet things)
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Old 03-26-2014, 12:44 PM   #38
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Actually on that subject, i have a friend who has a medical condition where his lung capacity is severely limited, i forget exactly what happens but it's quite the process the time he got asked for a breath sample... (No, it's not a bullshit condition, it's documented and he has one of those bracelet things)
if that is the case, and he can't provide a sample, if it warrants, a blood demand can be done.
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Old 03-26-2014, 05:41 PM   #39
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if that is the case, and he can't provide a sample, if it warrants, a blood demand can be done.

It's called "The Twilight Procedure"...
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Old 03-26-2014, 07:20 PM   #40
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IIRC, first reading was 0.076. i asked to blow again as you are permitted by law to request and get a second machine to blow on of which the lowest reading will count.

Literally two minutes later the reading was 0.065

2 minutes to bring it down 0.01 interesting...
Nice to know these things are as accurate as ever...

If the first machine is reading high, what's the chance the second one is also reading high?
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Old 03-26-2014, 09:32 PM   #41
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The instruments (not machines) will only test the sample it is actually given. If it gets not as much deep lung air then you would expect the readings to be different and a bit lower. I have done hundreds of roadside tests and when someone does not give identical samples you do not get identical readings. in both cases the readings were above the legal limits..it is 0.05...first was 0.076, second was 0.065. Either reading warranted a suspension. It's not like one was 0.01 and the next was 0.99. The chances of both instruments being that far out of whack is not reasonable to expect. That is why the law permits a second test, not a third, 4th....29th.

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Old 03-27-2014, 11:58 AM   #42
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That is why the law permits a second test, not a third, 4th....29th.
Maybe they should... if a guy blows a couple points over four of five times in a row, it pretty much removes ANY argument that the "instrument" was faulty.

And by that point, he'll probably be getting pretty light-headed, meaning less chance of resisting arrest
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Old 04-21-2014, 10:36 PM   #43
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I have a similar situation, but a different question.
My brother was driving my mother's car, drunk enough to get his license suspended for 3 days and the car impounded also for 3 days.
My mother is currently out of town.
My brother called the tow yard and he was told he can get the car back even though he is not the registered owner of the car.
Is this true? Can a non-registered owner of the car take it out from the impound lot?
It is to my understanding that only the registered owner can get the car back.

I gave the local police department non-emergency line a call.
The operator said only the register owner can take the car back.
I told him what my brother was told (about owner not required to get the car back), and the operator said it is up to the tow yard.
The tow yard was already closed when I called them.

I do not want my brother to be able to get the car back just like this.
No "This is his first time" BS, because I am very sure he has done it before. This is just his first time being caught. And luckily, no one got hurt or killed.
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Old 04-22-2014, 06:06 AM   #44
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breathalysers, accuracy dies, after a few test, as water vapour in ur breath fucks the sensor.. ..[/QUOTE]



And you qualified as a Datamaster technician when & where? You are 100% wrong.
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Old 04-22-2014, 07:58 AM   #45
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I have a similar situation, but a different question.
My brother was driving my mother's car, drunk enough to get his license suspended for 3 days and the car impounded also for 3 days.
My mother is currently out of town.
My brother called the tow yard and he was told he can get the car back even though he is not the registered owner of the car.
Is this true? Can a non-registered owner of the car take it out from the impound lot?
It is to my understanding that only the registered owner can get the car back.

I gave the local police department non-emergency line a call.
The operator said only the register owner can take the car back.
I told him what my brother was told (about owner not required to get the car back), and the operator said it is up to the tow yard.
The tow yard was already closed when I called them.

I do not want my brother to be able to get the car back just like this.
No "This is his first time" BS, because I am very sure he has done it before. This is just his first time being caught. And luckily, no one got hurt or killed.
When I got mine taken away the police told me only the registered owner can pick it up (busters towing). I'm 90% sure only the registered owner can pick it up. Call them and find out. What sucks about this is that if your mom is out of town for a while, the storage fee is gonna add up.
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Old 04-22-2014, 09:17 AM   #46
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When I got mine taken away the police told me only the registered owner can pick it up (busters towing). I'm 90% sure only the registered owner can pick it up. Call them and find out. What sucks about this is that if your mom is out of town for a while, the storage fee is gonna add up.
It is actually up to the tow yard whether they will release it to non registered owners. I know Rusty's in Richmond will release the vehicle to non ROs if a letter and signature is provided, along with a copy of the RO's ID or DL.
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Old 04-22-2014, 09:53 AM   #47
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Originally Posted by Bath Tussue View Post
I have a similar situation, but a different question.
My brother was driving my mother's car, drunk enough to get his license suspended for 3 days and the car impounded also for 3 days.
My mother is currently out of town.
My brother called the tow yard and he was told he can get the car back even though he is not the registered owner of the car.
Is this true? Can a non-registered owner of the car take it out from the impound lot?
It is to my understanding that only the registered owner can get the car back.

I gave the local police department non-emergency line a call.
The operator said only the register owner can take the car back.
I told him what my brother was told (about owner not required to get the car back), and the operator said it is up to the tow yard.
The tow yard was already closed when I called them.

I do not want my brother to be able to get the car back just like this.
No "This is his first time" BS, because I am very sure he has done it before. This is just his first time being caught. And luckily, no one got hurt or killed.
If they'll release to anyone, maybe you should nip things in the bud, go get the car out yourself, and park it somewhere your brother won't find it.
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Old 04-22-2014, 11:53 AM   #48
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When I was getting my car out of the two yard, the tow yard released the car to a family member of mine without issue. The person who went in Lieu of me had the same last name as myself (the RO).

I don't remember if the tow yard phoned or anything, but I remember it wasn't all too big of a deal.
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Old 04-22-2014, 01:00 PM   #49
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How does one go about not providing an appropriate sample?

I have been breathalysed a handful of times (I am often DD, and cops fail to believe someone young with a car full of drunks is sober), And you have to blow so much goddamn air and at such a high rate I am almost winded by the time I trip the machine.

I can't imagine anyone blowing lightly into the machine and still actually triggering it to provide a reading.

I guess if you have really big lungs or some shit, but for me it pretty well takes the hardest longest blow I have to trip the machine into providing a reading.

The first time I ever had to blow it took three tries for me to even get it. I thought I was going to pass the fuck out the third time.
All the cop has to have is suspicion to demand the ASD test. It is good that you are, and honestly are the DD. I just had a stop on Saturday night with a car full of young males. All the passengers were very drunk. The driver told me he was the DD and had NOTHING to drink. I asked him why his eyes were blood shot, only to get an answer along the lines of him being the DD. Needless to say, he blew two fails. What's my point? Sure there are honest and responsible people like yourself, but the type of people that cops interact with... the honest ones are a few and far between.

oh and for the part that you say you almost passed out blowing? A 5 year old can provide a suitable sample. I am not exaggerating either.... All you need to do is seal the mouthpiece with your lips and blow without jerking around.... (in b4 that's what he/she said)
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Old 04-23-2014, 03:58 PM   #50
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What's my point? Sure there are honest and responsible people like yourself, but the type of people that cops interact with... the honest ones are a few and far between.
Not sure what your point is, I know some people are like this, I have no problem with getting out and blowing in a machine or complying with the officer.

I recognize I have to deal with this because others are idiots, but as with most things; C'est La Vie.

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oh and for the part that you say you almost passed out blowing? A 5 year old can provide a suitable sample. I am not exaggerating either.... All you need to do is seal the mouthpiece with your lips and blow without jerking around.... (in b4 that's what he/she said)
Lol. Okay well in my defense although I am 6 foot, I am a skinny dude, so my lung capacity is not that big, but its better than a 5 year old. Maybe I am doing something wrong, but when the officer says blow as hard as you can I genuinely blow AS HARD as I can. Which I mean if you blow as hard as you can you can only do it for like 3 seconds. And the machine seems to take 5+ seconds of blowing to trip.

Maybe the key is to blow hard but not like 100%, more like 60% or so.

The other thing I learned after I found out how hard it was, I take a few big breaths before hand and that made it wayy easier.
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