ljaw2002uk

The moral to this story, like it or not: don't drink any quantity of alcohol and drive.

ljaw2002uk

Maybe the "couple of pints" rendered him incapable or resisting!

Leslie

Considering the fact that an ambulance was called on his behalf and he had to be rescued from being trapped under his own bike, I don't think their actions were that unreasonable. I, like you, would like to know the legalities though.

Uncle Ebenezer

Please note, "couple", particularly when linked with quantities of alcohol, has very elastic properties.

Chugabug

Totally agree. Talked with an attorney and looks like the license will be gone for 6 months in a couple of (sorry, two) weeks and I'll have the court hearing to deal with next month. I'll have plenty of time to ponder my mistake anyway.

Uncle Ebenezer

Agreed - if they hadn't sent him for medical examination and he'd turned out to have been injured, they'd have been pilloried for that and, more than likely, sued for it.

Tegwyn

Do not drive during this time or they will absolutely throw the book at you. One thing may be possible in your state, if there is hardship in not be able to get to your place of employment, some states do allow restricted driving privileges which would require a letter from your employer stating the time you need to arrive to work and time your employ is completed at the end of the day. A permit may give you a hour or two leeway in which to ride/drive to work and return directly home. This will need to go before the DMV panel for consideration - that is if the state law permits it. Ask your lawyer.

Leslie

FWIW, in any situation where a person is trapped or pinned there is a risk of blood clot. First responders know this.

chippy

I ride bikes too, so I can relate to how this incident came about. How the whole thing went from minor to major is most unfortunate.

Someone asked if you had to go to hospital. To me that question has not been answered. I mean if you had refused to go they can't make you, right? You yourself said you really just needed help to lift the bike, you have not mentioned injury.

You refused to be tested for alcohol. So you are obviously the kind of person who's not going to be pushed around. You don't do things you don't want to do. And that's fine, in fact it's good. Yet you let them railroad you to hospital in the first place. To me this is inconsistent.

I'm guessing that you would not take the test because you thought there was a reasonable chance that you were over the limit, so took a chance with the refusal option.

Don't get me wrong here, I am anti-traffic cops and their revenue-raising antics, and I am certainly not judging you. Just saying it as I see it.

kimilseung

On the issue of why he went to hospital and can you be forced to go....
The OP has not informed us much about how he was talked/coerced in to going.

I believe you can be forced to go, if it is deemed that you are in danger of self harm or incapacitated and unable to make a good decision for yourself; e.g. if you are mentally challenged or if you sustained a head injury. I think being drunk or assumed to be drunk would fall under this.

ottotheboar

The OP was trapped under a bike which weighed over 700lbs there had to be a risk of internal injuries.

Jerseygirl

I remember seeing a motor bike topple over when I lived in the UK. It wasn't a huge bike...the rider was waiting alongside a car to go around a roundabout when it fell over. I was surprise by the amount of damage it did to the side of the car...the biker couldn't get himself or the bike upright without assistance. Fortunately for the rider the car took most of the weight of the bike when it fell.

lansbury

The Implied Consent Law in Arkansas

The implied consent law in Arkansas states that any person who operates a motor vehicle, by default, gives their consent to a blood, urine or breath test to determine if they are under the influence of alcohol or a controlled substance.
If you refuse to submit a chemical test of blood, breath or urine your license will automatically be suspended for 180 days on your first offense. You will also be denied the possibility of receiving an Ignition Interlock restricted license.


Seems just the mere refusal is a separate offense, as in the UK, and regardless of any test to prove you were not over the limit you still commit an offense.

Uncle Ebenezer

Seems reasonable to me.

fatbrit

Can't be bothered to go and look at Arkansas law, but in most states there are a number of defences against this: reasonable suspicion or probable cause required, suitable notification of your rights, voluntary and knowing refusal, etc.

He needs an experienced and competent DUI lawyer.