# Does Hooters restrict beer sales?



## JWL (Jul 1, 2004)

Obviously from my question I don't go to Hooters as I don't like their wings and don't think most of the waitresses are that pretty. But, I was talking to a fellow at work who goes there quite often and he said Hooters has a policy of selling only two pitchers per person. If true, they must have had one hell of a law suit somtime in the past.

I have never had a DWI or a public intoxication charge but do like my beer. I can easily drink 10-12 Heinekns in a sitting when I am b sing with friends and I have never had a bar cut me off. Have any of you been cut off in a Hooters after two pitchers?


----------



## cclayton01 (Jun 6, 2005)

JWL said:


> Obviously from my question I don't go to Hooters as I don't like their wings and don't think most of the waitresses are that pretty. But, I was talking to a fellow at work who goes there quite often and he said Hooters has a policy of selling only two pitchers per person. If true, they must have had one hell of a law suit somtime in the past.
> 
> I have never had a DWI or a public intoxication charge but do like my beer. I can easily drink 10-12 Heinekns in a sitting when I am b sing with friends and I have never had a bar cut me off. Have any of you been cut off in a Hooters after two pitchers?


Me and a friend were cut off after three pitchers of Coors Light. We were not acting drunk or being loud, the waitress said that was all she could serve us. Two pitchers of beer for one person is alot of drink, so I could see them enforcing the rule.


----------



## enielsen (Dec 27, 2004)

I believe there are several places that will only serve a person two pitchers. I can't think of them off hand but it has happend to me several times.


----------



## Hooked Up (May 23, 2004)

They want to make sure you aren't lying when you tell the cop you only had "two".  H/U


----------



## Portside (Jun 21, 2007)

I would think after 10-12 beers or a couple of pitchers even those Hooter's girls would be at least a little bit cute don't you think? I've had worse!


----------



## 535 (May 23, 2004)

drink a pitcher and test your Blood Alcohol... I have a good friend who can drink til the cows come home... he had 3 beers after wk recently, got pulled over... officer smelled beer... he passed sobriety tests with flying colors on video before blowing a .08... straight to jail

jc


----------



## MEGABITE (May 21, 2004)

That sounds weird. Why would they give him a breathalyzer if he passed his tests?


----------



## Bily Lovec (Sep 26, 2005)

thumbs up to hooters


----------



## Portside (Jun 21, 2007)

never ever take any roadside test or breathalyzer. The roadside tests and breathalyzers are only being done to use against you in court for evidence....not to possibly let you go if you pass. The Leo's have pretty much already decided you're DWI before giving you the tests. 
I've heard that the Pupil diolation test w/the flashlights is almost 90% positively correlated to the Breathalyzer, so it pretty darn accurate. It's alot cheaper to get a provisional license for work needs than to pay up for a potential DWI. I've been told by several attorneys that if stopped and taken in for DWI to call them immediately, then they'll bail you out and take you to get a blood test. If it shows negative or <0.08% they'd use that in court to help your case, and obviously if it's higher, they won't use it. 
With all that being said, please don't ever drink and drive for ANY reason.


----------



## reelthreat (Jul 11, 2006)

I have been at one that would only serve one pitcher per person and I have also been to some that will serve till you pass out. I guess it depends on how well the Manager enforces the corprate policies.


----------



## railman (Aug 1, 2004)

MEGABITE said:


> That sounds weird. Why would they give him a breathalyzer if he passed his tests?


IF THEY SMELL BOOZE YOU LOSE and you will take a ride no matter what.


----------



## MEGABITE (May 21, 2004)

No necessarily, they have to believe you are impaired.


----------



## berto (Oct 14, 2004)

yeah it just depends what kind of day she is having i guess. most of the time we get cut off at a 2 pitcher limit. But there have been times ive walked out of there wasted.. Another thing we have done is closed out our tab and moved to another section. They have never said anything about that and was acually recommended by a waitress


----------



## Silverspoon (Jun 1, 2005)

No truer words have ever been typed!

I am friends with a former manager of a Hooters and I think at one time he told me that it was their corporate policy, can't remember if that's 100% true though. It seems that Hooters would be somewhat protecting themselves against possible lawsuits by implementing such a policy. Enforcing that policy 100% is where it gets a little tricky. The store managers and waitresses themselves are the weak link in that chain.



railman said:


> IF THEY SMELL BOOZE YOU LOSE and you will take a ride no matter what.


----------



## pabloag (Jan 13, 2007)

jc said:


> drink a pitcher and test your Blood Alcohol... I have a good friend who can drink til the cows come home... he had 3 beers after wk recently, got pulled over... officer smelled beer... he passed sobriety tests with flying colors on video before blowing a .08... straight to jail
> 
> jc


when drinking alcohol there's residual that stays in your mouth for about 30 minutes or so. When that is combined with the alcohol from your lung breath you can be busted with even 2 beers, I.E. it's a setup for test failure. I think that's why the lawyers always say don't blow....do the blood test as it's much more definitive.

Even still, it's always good to have a bottle of water and some altoids in the cockpit and of course drink responsibly.


----------



## Portside (Jun 21, 2007)

that's why they usually wait about 45 minutes after stopping someone to give them the breathalyzer. You may not actually be DWI they moment they stop you, because you technically haven't absorbed all the Alcohol into your blood stream..Say you had 2 beers in thirty minutes, then were stopped 5 minutes after drinking your 2nd beer. Well, you're not drunk at that moment, but 45 minutes later you would show up legally drunk on a breathalyzer. I learned alot of this stuff at a Citizens Police Academy and from several close Lawyer friends.


----------



## FISHIN COUG (Sep 28, 2004)

I've also been cut-off at hooters due to the two pitcher rule. However, I have been severely blitzed off of mixed drinks at the Galveston location and it was no problem. I left that place really f'd up and had to cab it home. I think we had about ten drinks a piece and some of the gals were even taking shots with us. Good time....and they sure looked a lot better when we left.



jc said:


> drink a pitcher and test your Blood Alcohol... I have a good friend who can drink til the cows come home... he had 3 beers after wk recently, got pulled over... officer smelled beer... he passed sobriety tests with flying colors on video before blowing a .08... straight to jail
> 
> jc


Similar thing happened to a friend of mine recently. This guy can drink like there is no tomorrow. However, he hasn't been living in Houston too long and was really unfamiliar with downtown. Went down the wrong street after leaving the bar and got pulled over. Passed the field sobriety test and refused the breathalizer......STRAIGHT TO JAIL and I had to bail his arse out. Much dinero later and case dismissed due to lack of evidence. He was flawless on the video.


----------



## railman (Aug 1, 2004)

No necessarily, they have to believe you are impaired.

I just read in the Galveston paper that you don't have to drink to be impaired.Talking on a cell phone can be a given excuse to say one is impaired.It was an article about spring breakers and more police presence.


----------



## Shallow_Minded (Sep 21, 2004)

Bily Lovec said:


> thumbs up to hooters


DITTO THAT!


----------



## warlock (Mar 27, 2006)

TABC require you to cut off intoxicated individuals and insurance companies who issue liquor liability policies normally require a written policy. Lose your licence or lose your ability to insure and you can close that location. I would like to think its a Moral commitment to the community to reduce DWI and possible harm to the innocent, but its just business....at a corporate level the reward of additional beer sales is not justified by the risk.


----------



## muddnasty (Oct 23, 2007)

all they have to do is smell it and they can requests a test... Here is a hint,,,, never blow....lol Seriously two beers, 5 ounces of alcohol and you my friend have just blown .08 and will be spending some time in the joint.... 9 Out of 10 times you will not pass that test and it is their strongest evidence against you.. You don't blow, it's their word against your Attorney's word.lol


----------



## Gilbert (May 25, 2004)

to answer the original question, The hooters in Stafford will cut you off after two pitchers are served to a table no matter how many are at the table.


----------



## Ckill (Mar 9, 2007)

Well he never said anything about driving home and I am not sure of the rules of Hooters. And giving the right about of time 2 pitchers is not much. I would be pretty ****** if I was there to watch a game and then could not drink. Of course its their bar they can do what they want......wait no they can't if they choose to have a bar where smoking is allowed....then some cities think they should be able to tell an establishment how to operate there own business. Go figure.


----------



## Lat22 (Apr 7, 2005)

Sounds like Hooters is just being proactive when it comes to serving intoxicated customers. The bar is responsible if a customer walks out, hops in his car and kills somebody in an accident.


----------



## Leemo (Nov 16, 2006)

Don't drink and drive stay home, wait till the kiddo's go to sleep, then you can have your "wings".............. I' mean those other things!


----------



## Fuelin (Jun 21, 2005)

Man all this makes me SOOOO glad I gave drinking up in 2005..... DWI is not worth it.


----------



## Fuelin (Jun 21, 2005)

Lat22 said:


> Sounds like Hooters is just being proactive when it comes to serving intoxicated customers. The bar is responsible if a customer walks out, hops in his car and kills somebody in an accident.


Yea you know this is the deal. Hooters has no way to know how every single customer handles their booze. I used to could drink a couple pitchers and "think" OH I'm Fine... If I had 1 pitcher now I would be smoked. They are just trying to find a happy medium.


----------



## choupique (Apr 3, 2006)

Portside said:


> never ever take any roadside test or breathalyzer. The roadside tests and breathalyzers are only being done to use against you in court for evidence....not to possibly let you go if you pass. The Leo's have pretty much already decided you're DWI before giving you the tests.
> I've heard that the Pupil diolation test w/the flashlights is almost 90% positively correlated to the Breathalyzer, so it pretty darn accurate. It's alot cheaper to get a provisional license for work needs than to pay up for a potential DWI. I've been told by several attorneys that if stopped and taken in for DWI to call them immediately, then they'll bail you out and take you to get a blood test. If it shows negative or <0.08% they'd use that in court to help your case, and obviously if it's higher, they won't use it.
> With all that being said, please don't ever drink and drive for ANY reason.


That used to work but here is how some departments are now handling it. If you refuse all tests including brethalyzer, they will get a search warrant for your blood and draw it anyways. Doesn't matter if you refuse or not. Judges sign them with no problem. The will use the smell of alcohol and other signs of intoxication as probable cause for the warrant.

Your right..... Don't drink and drive!!!


----------



## irbjd (Aug 11, 2005)

FISHIN COUG said:


> I've also been cut-off at hooters due to the two pitcher rule. However, I have been severely blitzed off of mixed drinks at the Galveston location and it was no problem. I left that place really f'd up and had to cab it home. I think we had about ten drinks a piece and some of the gals were even taking shots with us. Good time....and they sure looked a lot better when we left.


Has the "talent" at the Galveston location gotten any better? When they opened that place up it was definitely "imported". It started to decline shortly thereafter.


----------



## berto (Oct 14, 2004)

Gilbert said:


> to answer the original question, The hooters in Stafford will cut you off after two pitchers are served to a table no matter how many are at the table.


wow that sucks.. we can kill 2 pitchers before the wings get to us.. Everyone one that i have been cut off at has always been 2 per person.. And ive been cut off at more then one in my life time


----------



## D.L. (Sep 13, 2007)

I used to go there alot cause my buddy was dating a waitress and depending on the manager it was a pitcher per person or 3 for 2 people. We complained alot but thats how it is!


----------



## D.L. (Sep 13, 2007)

You dont have a choice anymore they'll strap you to a table and take your blood.


muddnasty said:


> all they have to do is smell it and they can requests a test... Here is a hint,,,, never blow....lol Seriously two beers, 5 ounces of alcohol and you my friend have just blown .08 and will be spending some time in the joint.... 9 Out of 10 times you will not pass that test and it is their strongest evidence against you.. You don't blow, it's their word against your Attorney's word.lol


----------



## Portside (Jun 21, 2007)

D.L. said:


> You dont have a choice anymore they'll strap you to a table and take your blood.


dang, can they really do that? I would think that you would have to give consent for them to drain your blood! It sure would be an ugly scene if they tried to take mine w/o my consent, I don't give a s&#$ if a judge signed an order or not. They'd have to gag me and hit me over the head a bunch of time to get it!


----------



## Sponge (Jun 22, 2004)

I can guarantee you one thing. Hooters is not consistant on how many pictures or beers they will let you have. It all depends on your waitress, if you get rowdy, what manager is on duty, etc. It's also nice to know the waitresses personally so that you don't get cut off!


----------



## berto (Oct 14, 2004)

Didnt i read hooters?? Where they at


----------



## roundman (May 21, 2004)

texas law requires 2 persons to be able to get a pitcher, some places will give you a pitcher and 2 glasses ( for your friend thats ??)


----------



## scwine (Sep 7, 2006)

roundman said:


> texas law requires 2 persons to be able to get a pitcher, some places will give you a pitcher and 2 glasses ( for your friend thats ??)


If they do, I could not find it. IMO it is an establishment rule. Never heard of a law like that when a rep. in the biz as well. But I do remember going to Hooters and them enforcing it, as well as sporting venues. FWIW.

http://www.tabc.state.tx.us/leginfo/code.htm

http://www.star-telegram.com/245/story/463812.html


----------



## scwine (Sep 7, 2006)

scwine said:


> If they do, I could not find it. IMO it is an establishment rule. Never heard of a law like that when a rep. in the biz as well. But I do remember going to Hooters and them enforcing it, as well as sporting venues. FWIW.
> 
> http://www.tabc.state.tx.us/leginfo/code.htm


I stand corrected......I did find it.... 
Section 45.103 #8 Retail Licensees and permitees may not sell, serve or offer to sell more than two drinks to a single consumer at one time.


----------



## KID5150 (Jul 24, 2006)

scwine said:


> I stand corrected......I did find it....
> Section 45.103 #8 Retail Licensees and permitees may not sell, serve or offer to sell more than two drinks to a single consumer at one time.


I see a loop hole there. " two drinks to a single consumer at one time"?


----------



## LA Cox (Oct 19, 2004)

We were cut off, but after 3 of us shared 2 pitchers. We had to speak to a manager before we could order another. Closed the tab and went else where. Ain't been back since.

Late,
Cox


----------



## Bily Lovec (Sep 26, 2005)

maybe your designated driver should sit at a different table. He's throwing off the average for your server...


----------



## Hooked Up (May 23, 2004)

Portside said:


> dang, can they really do that? I would think that you would have to give consent for them to drain your blood! It sure would be an ugly scene if they tried to take mine w/o my consent, I don't give a s&#$ if a judge signed an order or not. They'd have to gag me and hit me over the head a bunch of time to get it!


 LOL!  It's much easier to get a blood sample from the guys (or girls) that fight the cop. After the nosebleed starts the cop just holds a collection tube under the the "source".  H/U


----------



## bigpun91 (Oct 2, 2005)

I cant believe beer is this important.


----------



## redduck (Jul 26, 2006)

Does anyone know when the law changed to allow police to take blood without your permission. I thought the US constitution (5th amendment) protected a person from self incrimination. I suppose individual States could pass a law to allow but I had not heard of this. For the record, I do not condon drinking while driving or after drinking, I would just like to know where the above law is written.


----------



## dabear (Nov 7, 2006)

Several years back i ordered a pitcher of beer from a ice house and they said that they either had to put 2 cups down as if someone else was going to be drinking it also or i could not order a pitcher if i was alone.So i used the 2 cup thing and had a few pitchers.


----------



## Ckill (Mar 9, 2007)

I don't believe the blood with out consent thing. That just not right. I am going to find some clarification on this.


----------



## bigpun91 (Oct 2, 2005)

you can take blood in texas with a warrant


----------



## MEGABITE (May 21, 2004)

I heard that at the Rodeo (area) this year, they have mobile PD stations with magistrates exactly for that purpose.


----------



## JohnnySea (Dec 11, 2006)

WOW,, here goes... I have actually had a DWI and didn't have daddy's money to buy my way to a "dropped case". Was leaving a bar at 145 am in Webster, was speeding five over the limit, saw the bubble gums and I was intoxicated...game over!!.
Now to the part most don't want to hear..And before you bash me, everyone has done it, most people that have done it still do it until they get caught or have a family memeber die. I'm 25 now, and I figured out roughly, in my head, that since I have been drinking (17) I have probably broken the law by driving at .08 or sometimes way over at least a hundred times! NOT by brightest accomplishment. How many times have you done it though? And don't give me any BS about "well things where different back in the day" Yeah, the laws were laxed but a tree was still a tree and a stalled car in the fast lane was still as hazard "Back in the day". You still put your life and others in jeopardy.

Anyways, not justifying my actions but come on, everyone does it..Cops, Judges, iron workers, moms,TEENS, engineers, and day laborers! Not everyone but a vast majority does it or has done it more than a handfull of times in thier lives. Once again don't bash me, I'm just being honest and its my opinion i know that someone will retort telling me they have never drank and drove ever....Great your a model citizen and more of "US" should adapt to the rules, not being sarcastic either, im serious as I currently don't drink and drive let alone hardly ever drink anymore....

So, here is my rant or the thesis of it anyways.. You hear all these stories of people only drinkin two beers or drinking the night before and getting pulled over to go to church on Sunday morning and getting a DWI on a seemingly BS charge. So they go to court, hash it out and waste dollars and time.
WHY DON"T COPS SIT OUTSIDE A BAR AT TWO AM ON A FRIDAY NIGHT AND SET UP A ROAD BLOCK AND HAUL OFF ALL THE PEOPLE THAT ARE BLATANTLY GUILTY AND AN OPEN AND SHUT CASE? And don't give me the entrapment BS because as noted in the above posts, THEY hold you down and draw your blood by force!!! Entrapment isn't an issue if they are pushing those extremes!! The police dept. couldn't handle 300 drunk A holes in there at 3 in the morning.

OR, how about this one... WHY don't the Texas City PD sit at the boat ramp on a Saturday afternoon and arrest 3/4 of everyone coming in off the water??

People drink, and people don't drink alone. They go out and drink.. Everyone does it, I know.. you don't have to lie to me, lie to yourself. lol.

It's all a numbers game and it's all about money. The bars aren't gonna cut you off because its more money for them. I've been out enough to know, as long as you can walk into the bar, show the ID to the door guy, and make it to the bar itself, say "Gimme a coors light" without falling down, thowing up, or getting into a fight, you can have as much beer/liquor as you can drink!!
You can walk to the bar, order ten shots of everclear and as soon as you walk away, nobody is around to enforce the two drink law. People do cocaine in every bathroom in public youve ever been in. No matter how classy a joint it may be.. LOL Cocaine sells itself!

Anyways, I got caught and I now CAB IT on a regular basis if/ and when i go out with friends. So, just my two cents, everoyone does it and some people, alot of people never get caught.

"How long can you stand at a craps table rolling the dice before you will eventually roll a seven?" 
Well, not long considering the casino never closes!


----------



## Crispito (Aug 30, 2005)

*R*

That took alot of thought JohnnyS, never the less it was well said and you made valid points. Good Luck !


----------



## Bily Lovec (Sep 26, 2005)

I dont drink more than a glass of wine away from home. A small glass at that.
the occasional time I have had 2 glasses, my GF drives home.

If I have my daughter with me, or the GF's daughter, I dont drink anywhere.


there's no lies there, its called responsibility.


----------



## waterspout (May 21, 2004)

Sponge said:


> . It's also nice to know the waitresses personally so that you don't get cut off!


yep! having your own table and all!:wink:


----------



## Lat22 (Apr 7, 2005)

> WHY DON"T COPS SIT OUTSIDE A BAR AT TWO AM ON A FRIDAY NIGHT AND SET UP A ROAD BLOCK AND HAUL OFF ALL THE PEOPLE THAT ARE BLATANTLY GUILTY AND AN OPEN AND SHUT CASE?


This is pretty much what they do in Austin. If you're leaving 4th or 6th street and heading for Lamar, you better watch out. They are waiting for you. They will find probable cause to pull you over, whether it's legit or not. They have a mobile DWI processing center on weekends at Lamar and Barton Springs Road. They also used to do this outside of Dallas Night Club on Burnet and they have all but put that place out of business. It's a ghost town now on weekends. Bottom line is Don't Drink and Drive. <off soapbox>


----------



## rockhound76 (Feb 22, 2007)

They wait by the Hooters or Fox 'n Hound near The Woodlands every weekend. More power to'em, as I'm tired of stopping to check on the drunks who drive in the ditch by my house.

I don't believe in "sobriety checks" as they inconvenience the rest of us. But, just sitting in the Home Depot parking lot there, you could fill up your ticket book and the jail in a single night.

What reasonable person, btw, would complain about being limited to "one pitcher per person"? Even when my wife is with me to drive (she doesn't drink), I couldn't see drinking that much.

I had kids about to start driving. I'd rather they share the road with a few less drunks.


----------



## rockyraider (Feb 1, 2006)

*"Does anyone know when the law changed to allow police to take blood without your permission. I thought the US constitution (5th amendment) protected a person from self incrimination. I suppose individual States could pass a law to allow but I had not heard of this. For the record, I do not condon drinking while driving or after drinking, I would just like to know where the above law is written."*

There is no law on the books that specifically allows a peace officer to take blood without permission except for cases in which there has been an accident, someone is under arrest for DWI, and there is serious bodily injury or death involved with one or more parties involved. You are permitted to draw blood under these circumstances by statue.

What everyone is talking about here is taking blood by virtue of an evidentuary search warrant. The just of it is that blood is no different than any other evidence, in fact the evidence in a DWI (ie. blood alcohol concentration) is quickly being eliminated due to the body metabolizing the alcohol. Once PC for the arrest has been established and the arrestee refuses to provide a specimine, an evidentuary search warrant is drawn up and it is signed by a judge. This allows the Peace Officer to seize the evidence, which amounts to having the arrestee's blood drawn without their consent.

At this time, a few PD's are doing this on every refusal. Most, including my county, are limiting these evidentary blood draws to cases that are felonies (someone who has multiple DWI convictions prior to being arrested). If the person kicks, fights, or injures anyone in the course of their blood being drawn, additional charges can follow. A nurse or other qualified medical technician can not refuse to obey the judges order if they are requested to assist the arresting officer.

There is a difference in self incrimination and a judge signing a warrant to seize blood evidence. It has been ruled that seizing evidence is not self incriminating in any way, its no different than the police busting down a door to seize narcotics or child ****. This argument has been tried by the ambulance chasers and they failed.

I hope this clears some things up about manditory blood draws. I'm no expert, but we use this process with great success on a pretty regular basis.


----------



## Fishin-Inc (May 27, 2004)

*Mmmmm*

Hooters girls and beer!
MMMMMMMMMMMMMMMMMMMmmmmmmmmmmmmmmmmmmmm

Might even have to drift by there tonight.
1 hour and counting!


----------



## railman (Aug 1, 2004)

rockyraider said:


> *"Does anyone know when the law changed to allow police to take blood without your permission. I thought the US constitution (5th amendment) protected a person from self incrimination. I suppose individual States could pass a law to allow but I had not heard of this. For the record, I do not condon drinking while driving or after drinking, I would just like to know where the above law is written."*
> 
> There is no law on the books that specifically allows a peace officer to take blood without permission except for cases in which there has been an accident, someone is under arrest for DWI, and there is serious bodily injury or death involved with one or more parties involved. You are permitted to draw blood under these circumstances by statue.
> 
> ...


It still is a crock!!!!!!I don't care what you say.If they want a blood sample,stool sample,urine sample or semen sample they can have my underwear.


----------



## roundman (May 21, 2004)

ohhhh,,, noooo


----------



## ol' salt (Jun 11, 2006)

If the wings aren't that good and the women aren't that pretty, you obviously aren't spending enough time there and drinking enough beer there. 'Cause we all know they all get better looking at closing time.

However, by the fact that you can hold a lot of beer and they won't sell you too much, I guess it's best that you avoid their confines.

I think you made the right move.


----------



## rockyraider (Feb 1, 2006)

*"It still is a crock!!!!!!I don't care what you say.If they want a blood sample,stool sample,urine sample or semen sample they can have my underwear."*

Why is it a crock? Don't put yourself in a position to where this might happen and you have nothing to worry about. Think about it the next time that drunk crosses that solid line and is coming at your family head on at 70 mph. An evidentiary search warrant is used to put irresponsible people behind bars before they kill you or me or our families.

Our DWI laws are what is the "crock". I was just scheduled to testify in an ALR hearing regarding a lady that I stopped one night. She was driving down her street without headlights, almost parked her car in the middle of her living room, and when she got out of the vehicle she could barely stand up. She blew two times over the legal limit. Again, an attorney was waiting in the wings to "protect her rights". The hearing was supposed to be so that she could petetion the court to keep her driving priveliges until after the criminal trial. You tell me, do you think she has earned that right to continue driving when she has been proven to be this irresponsible? There is no excuse for operating a motor vehicle after you are intoxicated. Think what you may, I personally have no pitty for someone who is that willing to harm innocent people.

The statement that "all they have to do is smell alcohol and you are going to take the ride" is totally bogus. I have called rides/cabs for so many people that I can't count them all. It is not against the law to drink and drive, it is agaist the law to operate a motor vehicle while intoxicated.


----------



## deke (Oct 5, 2004)

MEGABITE said:


> That sounds weird. Why would they give him a breathalyzer if he passed his tests?


Because they didn't show the cop what he "wanted" them to show. If you are pulled over for whatever, you are guilty until proven innocent,period. All you can hope for is an officer with the abilty and will to think for his self and make his own mind up based on the situation. Just remember to always be polite and curteous, they deal with jerks all day, try not being one and you "might" get to leave with a warning.


----------



## Portside (Jun 21, 2007)

5 minutes of being nice and showing humility beats 12 hours in the pokey!


----------



## froggy (May 21, 2004)

rockyraider said:


> *"It still is a crock!!!!!!I don't care what you say.If they want a blood sample,stool sample,urine sample or semen sample they can have my underwear."*
> 
> Why is it a crock? Don't put yourself in a position to where this might happen and you have nothing to worry about. Think about it the next time that drunk crosses that solid line and is coming at your family head on at 70 mph. An evidentiary search warrant is used to put irresponsible people behind bars before they kill you or me or our families.
> 
> ...


I have to call BS on this one!!!

First, let me say that I am against "DRUNK" drivers. 
But, saying that, I have been guilty of it in the past. But no more.

However, I am also against law enforcement sending people to jail for having a couple of beers. And folks, it happens every day!!

What really burns my arse is that the Texas legislature and State and local law enforcement are sleeping with MADD. DWI convictions are a "Cash Cow" for them. I don't know how many times I and a lot of my friends have been pulled over for a bad tail light and the second thing that comes out of cop's mouth is "How much have you had to drink". Not even "Have you had anything to drink", but "How much"! And I had not had anything to drink!!

So get ready everyone. the time is quickly approaching when the only place you can safely drink even two beers is on your personal property. (Unless MADD and other special interest groups find a way around that!!!)


----------



## saltwatersensations (Aug 30, 2004)

Depends on your waitress. If you are a regular then you and your buddies can drink it up.


----------



## atm_93 (Mar 16, 2005)

between 1 and a 100

http://www.desmoinesregister.com/apps/pbcs.dll/gallery?Site=D2&Date=20080312&Category=NEWS&ArtNo=803120820&Ref=PH&Params=Itemnr=1


----------



## WestEndAngler (Jan 30, 2007)

Its always up to the server to cut you off, it could be restraunt rules or the way your acting, they must get approval from their manager to serve over that so the responsibility shifts from the waiter/waitress to the manager, however in this day your never safe, minimizing risk is now the name of the game.


----------



## rockyraider (Feb 1, 2006)

*"I have to call BS on this one!!!"
*
What are you calling BS on? The fact that law enforcement has begun using a totally legal method of collecting evidence against criminals? If you don't want your blood drawn, just provide a breath specimine. You have already consented to doing this at the request of a peace officer when you sign your name on that license.

Its too easy for people to simply say, sorry, I'm not providing anything. There are many drunks who appear sober on video since our cameras don't catch everything. I have arrested many, many people who only had Nystagmus in their eyes and they did everything else properly (walk and turn and one leg stand). Many have ended up blowing two times over the legal limit. The problem for us is, no evidence, no conviction.

The big bad police officers don't go around snatching people up and strapping them to a table just to violate their bodies. These manditory blood draws usually only take place when its a felony case (ie. there are multiple convictions for DWI on the person's record) or when there is a serious accident. There are tons of stories about people getting arrested for DWI after that one beer that they drank 12 hours ago. Funny thing is, I never hear stories about how the "sober" arrestee provides a specimine and blows under the legal limit. Everyone claims to be sober when they are arrested but its funny no one wants to provide a specimine to cooberate their claim.


----------



## yakfisher (Jul 23, 2005)

bigpun91 said:


> I cant believe beer is this important.


My thoughts exactly


----------



## Portside (Jun 21, 2007)

"Everyone claims to be sober when they are arrested but its funny no one wants to provide a specimine to cooberate their claim." 

Rocky, I really do support what you guys are doing, so please don't think I'm trying to be antagonizing, but a person does not have to prove their innocence, the court has to prove the defendant is guilty. I even agree with taking blood if there's a felony or serious accident, but I have a problem w/blood evidence being taken in a routine DWI arrest because a judge has legislated from the bench that a person must submit to self incrimination by forcibly taking a blood sample. 
A search warrant should be for the most dire serious cases, and the judges I know want overwhelming evidence that a search warrant will stand constitutional muster. The investigators have to do alot of "salesmanship" on the judge to get his/her approval and the judge has to be very sure that the evidence won't be overturned by an Appellate Court. It's the ultimate embarrassment for a Lower Court Judge to have one of his cases overturned on appeal.


----------



## 23 GC VS (Dec 26, 2007)

I like beer, it makes me a jolly good fellow......
I like beer, it helps me unwind and sometimes it makes me feel mellow...


----------



## railman (Aug 1, 2004)

Rockyraider I will bet that if a person is really nice and polite to you and you smell beer on their breath that no matter what, that person will take a ride even if sober.I heard the Sheriff in Williamson County say on the radio that if they meaning the deputies even smell alcohol on your breath that person will be taken straight to jail.That really hurt the Walburg Restaurant business since it's a German Beer Garden type place.


----------



## froggy (May 21, 2004)

rockyraider said:


> *"I have to call BS on this one!!!"*
> 
> What are you calling BS on? The fact that law enforcement has begun using a totally legal method of collecting evidence against criminals? If you don't want your blood drawn, just provide a breath specimine. You have already consented to doing this at the request of a peace officer when you sign your name on that license.
> 
> ...


The BS is that special interest groups are buying legislators who pass these stupid laws.

I know for a fact that a person can blow a .08 on a breathalyzer after 2 beers and that is not DRUNK. You probably know this and then you can't understand why nobody wants to take a breathalyzer?!?

As for the law that allows a court order to draw blood, you said that this USUALLY happens only when there multiple convictions or an accident involved. You didn't say that this had to be the case. It all boils down to being guilty until proven innocent.


----------



## MEGABITE (May 21, 2004)

railman said:


> Rockyraider I will bet that if a person is really nice and polite to you and you smell beer on their breath that no matter what, that person will take a ride even if sober.I heard the Sheriff in Williamson County say on the radio that if they meaning the deputies even smell alcohol on your breath that person will be taken straight to jail.That really hurt the Walburg Restaurant business since it's a German Beer Garden type place.


 They're setting themselves up for alot of false arrest lawsuits since having beer on your breath is not against the law.


----------



## WestEndAngler (Jan 30, 2007)

MEGABITE said:


> They're setting themselves up for alot of false arrest lawsuits since having beer on your breath is not against the law.


But it gives them probable cause to search for some...

My buddy was walking to his truck, had gotten in (keys out of ignition... state law if they are out your not "driving") cop found 2 beers here behind your seat your coming with us... We had 2 beers a piece at the local bar on the water... he was taken to jail on a Public Intoxication charge... spent 24hrs in jail and was released... no ticket just got time served... He said yes sir no sirs etc. The cop just took him to jail said he didn't believe that he only had 2 beers said he saw him staggering I chimed in saying we were on a floating dock who wouldn't... I was told to keep quiet or I was going to jail as well... I couldn't even bail him out b/c they didn't charge him with anything I just had to sit and wait for him in order to get home...


----------



## MEGABITE (May 21, 2004)

PI is the only charge I know of in which they don't need proof, if they say you're PI, you're PI, not ifs, ands, or buts...


----------



## rockyraider (Feb 1, 2006)

To preface my responses, I'm not an argumentative person and I am not trying to argue with anyone here. I respect everyone and wish no ill will against other members. My goal in this thread is to dispel some of the common myths that I hear all of the time. I don't want to wear out my welcome on the board so this will be my last reply regarding this topic.

_"Rocky, I really do support what you guys are doing, so please don't think I'm trying to be antagonizing, *but a person does not have to prove their innocence, the court has to prove the defendant is guilty. *I even agree with taking blood if there's a felony or serious accident, but __*I have a problem w/blood evidence being taken in a routine DWI arrest because a judge has legislated from the bench that a person must submit to self incrimination by forcibly taking a blood sample. *_
_A search warrant should be for the most dire serious cases, and the judges I know want overwhelming evidence that a search warrant will stand constitutional muster. The investigators have to do alot of "salesmanship" on the judge to get his/her approval and the judge has to be very sure that the evidence won't be overturned by an Appellate Court. It's the ultimate embarrassment for a Lower Court Judge to have one of his cases overturned on appeal."_

No offense taken at any of these posts. We just obviously stand on different sides of the fence. You are right, a person is presumed to be innocent until proven guilty. Collecting the necessary evidence in oder to allow a jury to make an informed decision is our job, hence the necessity to gather the blood evidence in situations where offenders do not want to cooporate. If the jury reviews the evidence and sides with the defendant, so be it.

The judge is not legislating from the bench. There is no interpretation of the constitution or any other law in cases where an evidentiary search warrant is used. An evidentiary search warrant for blood evidence is no different than a search warrant for narcotics, child ****, etc... PC must exist and a judge has to sign the warrant. The offender is not making any type of self incriminating statement, thus it is not a violation of the 5th Ammendment.

_*"Rockyraider I will bet that if a person is really nice and polite to you and you smell beer on their breath that no matter what, that person will take a ride even if sober.*I heard the Sheriff in Williamson County say on the radio that if they meaning the deputies even smell alcohol on your breath that person will be taken straight to jail.That really hurt the Walburg Restaurant business since it's a German Beer Garden type place."_

I think that is a BIG assumption that you are making. Honestly, it sounds as though you are pretty sure that I would make a false arrest if given the opportunity. Maybe I'm misreading what you have written. Either way, I can tell you with 100% certainty that you are mistaken. I smell alcohol on people all of the time and that in no way means that they have earned themselves an automatic trip to jail. I have consumed plenty of beer at the Walburg Restaurant and guess what, I simply didn't drive afterwards. BTW, they didn't look like they were hurting too bad when I was there a few months ago.

*"I know for a fact that a person can blow a .08 on a breathalyzer after 2 beers and that is not DRUNK. You probably know this and then you can't understand why nobody wants to take a breathalyzer?!? "*

I'm not sure where you got this from, maybe from personal experience? I know for a fact, because I have done it, that I consumed 7-8 oz of Crown mixed with Coke while at Intoxilizer School. This was done in a 45 minute time frame. I barely reached .08 and I was buzzed hard, way too hard to be driving and I was only at a .08 (I'm 509/175 so I'm not a big guy). I would be interested to know if you have actaully consumed two beers in an hour and blew a .08? I have a hard time believing this only because I have done the drinking and providing a specimine thing in a controlled environment. I also took about 20 samples from others in my class of which only a few were above a .08 (as this was the goal BAC). Everyone who participated was buzzed hard and a few were even really intoxicated. I was very suprised that I was as intoxicated as I was at a .08, I really just assumed that I wouldn't be feeling much. It was an eye opener to say the least.

*"They're setting themselves up for alot of false arrest lawsuits since having beer on your breath is not against the law."*

You are exactly right, thats why I would like to know when and where this was allegedly said. I'm not accusing anyone of being untruthful, I just find it hard to believe that this statement was made in this exact context.


----------

