"Have you drink taken?"

tobdom

Doff wrote: »

You may or may or may not get tested. However, the record will show a test did get conducted.

or, maybe 67 tests, rather than just the one... depending on the multiplier being applied that day.....

Claw Hammer

deandean wrote: »

I've never been breathalysed in over 30 years' of driving.

I just missed, by one car, being pulled over in a random checkpoint last night on the Alfie Byrne Road. I was almost disappointed

Take a theoretical scenario where I've had one pint, two hours before driving. I'm well under the limit. What is the best thing to say to a Garda if they pull me in?

It's my understanding that they first ask "Have you drink taken?"
If I say "yes" I guess they will bag me based on the information I volunteered.
If I say "no", do they need a good reason to bag me (i.e. appearance, smell, driving). And if they test me and find alcohol well under the limit could they accuse me of lying and use this against me?

So I was thinking, to answer "no comment, Garda" and let them decide whether to test me based on their own observations. Not sure how this would go down, though!

Anyone been through a checkpoint / thoughts on this?

No comment is a very bad answer to give. You might end up being arrested and taken to the station for a breath test. You either have been drinking or you haven't.
The fact that you say you haven't been drinking means nothing. You are still going to be tested. The side of the road is not the place for a discussion of arcane jurisprudence. A guard can arrest you on suspicion of drink driving. They can ask you to take a test on a random check point, if you have alcohol taken or if you have appear to have committed any motoring offence. To get a conviction they have to prove all sorts of things but to justify an arrest they have plenty of ways to do it. Giving a smart answer and spending three hours in a garda station on your way home sounds like a plan alright.

partyguinness

Actually OP for the craic and all our amusement generally please do say "No comment" and let us know how you get on.

McCrack

seamus wrote: »

Meh, doesn't really make a massive difference tbh.

If they can smell drink on you and you tell them you haven't been drinking, then it'll make them suspicious. They'll definitely bag you.

If for any reason the breathalyser doesn't work, then they may be inclined to do a roadside impairment test and bring you down to the station anyway. The breathalyser is an indicative tool, not a pass/fail. If you pass, or it doesn't work, they don't have to let you carry on.

On the other hand if you're honest and you tell them you had two pints with lunch a few hours ago, and they believe you, they might say, "Go on so, you're alright" and not test you. Or if you fail the breath test, they might "accidentally" leave it two hours before doing the full test at the station so that your BAC levels will drop.

If you're over the limit, you're over. Honesty is not going to change that. But it might get you some sympathetic treatment.

The salmon of all knowledge - is there anything you don't know?

Truckermal

Bagged?? Are ye all living in the eighties? :P

skallywag

Truckermal wrote: »

Bagged?? Are ye all living in the eighties? :P

Must say I never had the pleasure of blowing into the bag!

DEFTLEFTHAND

You've no choice in the matter at the likes of a MIT checkpoint. The draegar is only a guide in the first place. The Guard's opinion is enough to arrest a driver. Any potential court proceedings reply on the breath, urine or blood samples taken back at the station.

Lmklad

Lmklad wrote: »

Depends on the checkpoint. If it’s just a standard one set up be the Garda themselves then they need a reason to breathalise you. Most checkpoints are MIT (mandatory intoxicant) which are authorised by an inspector and any driver passing may be breathalised.

I don't think that's true. I was breathalysed in, I think Athlone, before. It was a single garda car parked up on the footpath with it's lights off, and a Garda standing each side of the road.

When I rocked up he didn't ask any questions about whether I was drinking or anything like that, it was just 'How are you doing, we're carrying out random breath testing today, if you could just blow into this..."

Mind you, they didn't check the windscreen discs at the time or ask for my license or anything like that. He just breathalised me and I went on my merry way. But it was definitely just two normal Gardai with a patrol car.

Victor

Deleted User wrote: »

I don't think that's true. I was breathalysed in, I think Athlone, before. It was a single garda car parked up on the footpath with it's lights off, and a Garda standing each side of the road.

When I rocked up he didn't ask any questions about whether I was drinking or anything like that, it was just 'How are you doing, we're carrying out random breath testing today, if you could just blow into this..."

Mind you, they didn't check the windscreen discs at the time or ask for my license or anything like that. He just breathalised me and I went on my merry way. But it was definitely just two normal Gardai with a patrol car.

Random testing is properly called mandatory testing. It's random insofar as they don't have to have formed a suspicion before testing.

Mervyn Skidmore

Ezequiel Fancy Shrub wrote: »

They don’t ask such a stupid question... If you get pulled over, you get bagged.

That's not always the case. I read about a case in Galway where the guard asked this question without cautioning the person. When the person said they were drinking, he cautioned them and asked the question again. As far as i remember, the judge allowed the case to proceed and the defendant was convicted.

ger664

Deleted User wrote: »

I don't think that's true. I was breathalysed in, I think Athlone, before. It was a single garda car parked up on the footpath with it's lights off, and a Garda standing each side of the road.

When I rocked up he didn't ask any questions about whether I was drinking or anything like that, it was just 'How are you doing, we're carrying out random breath testing today, if you could just blow into this..."

Mind you, they didn't check the windscreen discs at the time or ask for my license or anything like that. He just breathalised me and I went on my merry way. But it was definitely just two normal Gardai with a patrol car.

Has to look for your license before baging you. There are two settings on the roadside tester. one for standard full class B driver and a lower limit if you dont have your license,N/L Plate or professional Driver

Darc19

Bogwoppit wrote: »

I had a pint of Harp in 1992, am I ok to drive?

No. Admitting to drinking harp is enough to warrant a lifetime ban.

Mod
Not so

Darc19

Victor wrote: »

Random testing is properly called mandatory testing. It's random insofar as they don't have to have formed a suspicion before testing.

I think it's random whether you are stopped, but if stopped they mandatory breathalyze you.

emo72

whippet wrote: »

I have been breath tested about 30 times i'd say. The best was three tests on a single 90 min drive home - I was the designated driver after an xmas party.

When I was younger I played football on a sunday morning and never drank on a saturday night but would usually go out - so I was obviously like a red flag in the wee hours with a few lads in the back of a small hatch back.

I did get stopped at a random check point twice in twenty minutes - just after they set up and I was dropping someone in to town .. looked like they were just selecting every 3rd car .. on the back back I was stopped again - told to pull over to where they were doing the tests - Guard asked if I had done one before - I said 'yes - about 20 mins ago' and he laughed when he recognised me, but said I still had to do it as I was selected at random !

Feck me. I'm driving 30 years in Dublin and haven't been stopped once. How random is that?

seamus

McCrack wrote: »

The salmon of all knowledge - is there anything you don't know?

I don't know how to stop pretending I know everything

Claw Hammer

Deleted User wrote: »

I don't think that's true. I was breathalysed in, I think Athlone, before. It was a single garda car parked up on the footpath with it's lights off, and a Garda standing each side of the road.

When I rocked up he didn't ask any questions about whether I was drinking or anything like that, it was just 'How are you doing, we're carrying out random breath testing today, if you could just blow into this..."

Mind you, they didn't check the windscreen discs at the time or ask for my license or anything like that. He just breathalised me and I went on my merry way. But it was definitely just two normal Gardai with a patrol car.

If you had failed the test and were subsequently charged they would have been obliged to show an authorisation for the checkpoint.

Victor

Victor wrote: »

Random testing is properly called mandatory testing. It's random insofar as they don't have to have formed a suspicion before testing.

ger664 wrote: »

Has to look for your license before baging you. There are two settings on the roadside tester. one for standard full class B driver and a lower limit if you dont have your license,N/L Plate or professional Driver

Claw Hammer wrote: »

If you had failed the test and were subsequently charged they would have been obliged to show an authorisation for the checkpoint.

I won't argue the rights and wrongs of the checkpoint.


I'm just pointing out that in my real-life experience of being stopped at one, that was how it went down. There was no option to do the breath test or not, they didn't ask if I had been drinking, didn't look for a license, etc. just told me it was breath-testing and had me blow into it.

ger664

Deleted User wrote: »

I won't argue the rights and wrongs of the checkpoint.


I'm just pointing out that in my real-life experience of being stopped at one, that was how it went down. There was no option to do the breath test or not, they didn't ask if I had been drinking, didn't look for a license, etc. just told me it was breath-testing and had me blow into it.

I was bagged last year. Had a pint on me with dinner. Garda asked me for my license which I produced. Passed he then said I looked like someone that had taken a drink. Told him I had one (****ting myself at this point). He said if you didnt have your license I would be bagged at the lower limit and you proabbly would have failed and be going to the station.

There are two different limits for breath. 22mg for Class B Drivers 9 mg for Professional Novice and Learner Permits. They need to see your license to determine which setting to set the tester to. No licences will default to lower setting.

Sac O Spuds

The question they should ask is Have you alcohol consumed.
I know a smart arse who left a pub one night and ran into a checkpoint about 100 yards down the road. 2 Gardai at the checkpoint 1 Male 1female.
Rolled down the window
You just left the pub there.
Yeah
Were you drinking?
I was. I'm there with a few hrs.
I'll have to get you to provide a breath sample so.
Okay so.
Yer man blows into the device. Guard looks at it and says he'll have to do it again. After the second try he says he'll have to return to the station for replacement machine and that the female garda would remain with him at the checkpoint till he returned.
After about 40 mins squad car returned. Got him to blow again. Came up as zero. Got him to blow a second time. Zero again.
How long were you in the pub?
Since about 8.30.
And you've been drinking?
I was yes. Had 2 cokes and 2 Cidonas. You've just wasted the last hour breathalysing a teetotaller after seeing him drive away from a pub because he said he was drinking but you didn't ask what he drank. Goodnight.

killbillvol2

Sac O Spuds wrote: »

The question they should ask is Have you alcohol consumed.
I know a smart arse who left a pub one night and ran into a checkpoint about 100 yards down the road. 2 Gardai at the checkpoint 1 Male 1female.
Rolled down the window
You just left the pub there.
Yeah
Were you drinking?
I was. I'm there with a few hrs.
I'll have to get you to provide a breath sample so.
Okay so.
Yer man blows into the device. Guard looks at it and says he'll have to do it again. After the second try he says he'll have to return to the station for replacement machine and that the female garda would remain with him at the checkpoint till he returned.
After about 40 mins squad car returned. Got him to blow again. Came up as zero. Got him to blow a second time. Zero again.
How long were you in the pub?
Since about 8.30.
And you've been drinking?
I was yes. Had 2 cokes and 2 Cidonas. You've just wasted the last hour breathalysing a teetotaller after seeing him drive away from a pub because he said he was drinking but you didn't ask what he drank. Goodnight.

I'm not sure who's the sadder individual. The idiot who allegedly wasted an hour of his time sitting at a checkpoint or you for posting it.

Claw Hammer

Deleted User wrote: »

I won't argue the rights and wrongs of the checkpoint.


I'm just pointing out that in my real-life experience of being stopped at one, that was how it went down. There was no option to do the breath test or not, they didn't ask if I had been drinking, didn't look for a license, etc. just told me it was breath-testing and had me blow into it.

this is the legal discussion forum. i had mistakenly assumed you were trying to infer some legal point or obtain some legal analysis of the situation you were in.
I didn't realise you just wanted to tell your life story.
Sorry for reading your post.