Getting Pulled Over DWI
 

useless cliff's notes at bottom.

Last night I drove to a friend's party on the south side of town. I showed up around 10:45, and not a minute after I walk in the door I've got a double crown on the rocks in my hand. Sweet.

The crowd was medium-small, about twenty or thirty typical 19-25 year olds, mostly students and a few young urban professionals. There were only a couple hot chicks; one was a psycho, the other was there with her boyfriend.

I was mingling, talking, and having a good time. I started out drinking the crown royal and a jumbo anchor steam beer, but when those were finished I got a glass of the trashcan punch. It tasted warm and weak, so I spiked it with everclear and captain morgan's and added a bunch of ice. Now the punch was deliciously alcoholic and I helped myself to a large cup.

There's another party uptown near where I live, so about midnight I find the hostess and tell her I'm taking off. She tries to refill my glass with more punch but I wisely(?) don't drink any since I didn't want to overly impair my driving abilities.

I'm driving north on a major six lane road, and I decide to make a phone call. This turns out to be a bad idea, because I end up going 48 in a 35 due to my inattention. The next thing I know, Smokey's in my rear view, lights blazing. [censored].

I pull over onto a side street, lower my window, put my keys on the dash and my hands on the wheel. We go through the usual license and registration bit. He asks me if I've had anything to drink tonight and I unwisely(?) tell him yes, I've had a glass of wine. He asks me to step out of the car.

Then I get grilled. He asks me where I'm coming from, how much do I weigh, etc. I tell him I'm coming from dinner at a friend's house, that I had one beer earlier and one glass of wine with dinner. This seems like a much better story than telling him I was two fisting beer and whiskey at a party with a bunch of underage drinkers. The cop seemed to want a lot of detailed answers.

Cop: What kind of beer were you drinking?
Me: Negro Modelo. (no idea why that popped into my head)

Cop: And what time did you have your last drink?
Me: About 9:30 or 9:40, as we started dinner. (The cop earlier asked me what time I arrived at my friend's house; I think he was hoping to trip me up with this question.)

Cop: What did you eat for dinner?
Me: Pasta and shrimp in a red sauce (hey, lying to cops is easy!)

Then the policeman makes me stand in one spot with my hands at my side and my head stationary. He tells me to focus my eyes on the tip of his pen and to follow his motions. At first I screw this up and swivel my head, which he cautions me not to do.

I start watching his pen as he moves it back and forth. He does this in silence for 30, 45 seconds. I get the feeling I am on very thin ice here and put 110% of my willpower into staying motionless and watching his pen. At one point he moves the pen extremely far to my left and holds it there for a good ten seconds. I feel uncomfortable, but maintain my focus.

After what felt like a minute and a half of pen gazing (but was almost certainly less) he tells me "Ok sir, I think I've seen enough here." It is at this point I notice there is now a second patrol car on the scene. Ohhhhhhh fudge. I am going to jail.

Then he tells me "I'm going to issue you a warning for speeding," and signals the 2nd unit to leave. I felt like I won the lottery.

Cliff's notes: do not drink, drive, and talk.

Re: Getting Pulled Over Intoxicated (tl;dr)
 

[ QUOTE ]
Cop: What kind of beer were you drinking?
Me: Negro Modelo.

[/ QUOTE ]

Excellent.

Re: Getting Pulled Over Intoxicated
 

how come cops ask where you live? Ive been stopped by the police multiple times, both when I was behind the wheel but also when I was on foot, and they always ask me that.

Re: Getting Pulled Over Intoxicated
 

You can probably garner a lot by knowing what part of town someone comes from.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
how come cops ask where you live? Ive been stopped by the police multiple times, both when I was behind the wheel but also when I was on foot, and they always ask me that.

[/ QUOTE ]
I think they're just trying to ask as many questions as possible to see how you respond, so they can better determine how drunk you are.

Re: Getting Pulled Over Intoxicated
 

I'm sure you'll do it again.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
[ QUOTE ]
how come cops ask where you live? Ive been stopped by the police multiple times, both when I was behind the wheel but also when I was on foot, and they always ask me that.

[/ QUOTE ]
I think they're just trying to ask as many questions as possible to see how you respond, so they can better determine how drunk you are.

[/ QUOTE ]

why are they asking me that when I am on foot then?

Re: Getting Pulled Over DWI
 

" pull over onto a side street, lower my window, put my keys on the dash and my hands on the wheel."

is this standard procedure, especially the keys on the dash thing? i don't think ive ever turned my car off when pulled over before.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
how come cops ask where you live? Ive been stopped by the police multiple times, both when I was behind the wheel but also when I was on foot, and they always ask me that.

[/ QUOTE ]
I think they're just trying to ask as many questions as possible to see how you respond, so they can better determine how drunk you are.

[/ QUOTE ]

why are they asking me that when I am on foot then?

[/ QUOTE ]

I think your wooden leg gives them the wrong impression.

Re: Getting Pulled Over DWI
 

[ QUOTE ]
" pull over onto a side street, lower my window, put my keys on the dash and my hands on the wheel."

is this standard procedure, especially the keys on the dash thing? i don't think ive ever turned my car off when pulled over before.

[/ QUOTE ]
I don't know, I think I once heard a friend or someone on teh internets say that it was a good thing to do because it makes the cop feel safer/more comfortable. It sure can't hurt.

I'm really surprised a cop would let you leave your car running during a stop.

Re: Getting Pulled Over DWI
 

[ QUOTE ]
" pull over onto a side street, lower my window, put my keys on the dash and my hands on the wheel."

is this standard procedure, especially the keys on the dash thing? i don't think ive ever turned my car off when pulled over before.

[/ QUOTE ]


I shut the car off and put my hands on the dash, 90% of the time the convo goes:

Officer: Thank you for putting your putting your hands in plain site etc, but I clocked you at 70mph in a 55.

Me: oh ya, np, leiutenent. blah blah told me I should do this if I ever got pulled over to put your mind at ease.

Officer: oh, ya? you know leiutenet. blah blah? well, slow down next time

me: thanks. seeya.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
I think they're just trying to ask as many questions as possible to see how you respond, so they can better determine how drunk you are.

[/ QUOTE ]
That's definitely the impression I got--trying to give me some rope that I could hang myself with.

Re: Getting Pulled Over Intoxicated
 

You lucky bastard.

I was at a little party last Saturday, and me and a couple friends decided to go visit another friend of ours at their school, which was about 40 minutes away. I was drinking already so I didnt want to drive, but I allowed one of my friends to drive my car. So we get up there and me and 2 of my friends split up with everyone to go meet some other people. Somehow, I ended up getting seperated from everyone... and of course my phone dies.

Now, I'm all by myself and have no idea where the [censored] anybody is, and have no way of contacting them. So being the great decision maker I am, I decide I'm going to drive home.

I get off campus, pull onto the highway. I was unfamiliar with the roads, and accidently crossed the dotted line thinking it was a one-way road, quickly realized it wasnt and crossed back over.

Unfortunately the only other car on the road happened to be a cop. He saw this and obv pulls me over.

He comes over the car, asks for the usual information, and then asks me to step out of the car and proceeds to give me a field sobriety test.

The first thing he made me do was stand on one foot, keep the other 6 inches off the ground and count to 15 (one one-thousand, two one-thousand.. and so on). I did that no problem. He then pulls out the pen and tells me to follow it with just my eyes. He does this for about 15-20 seconds and goes "Put your hands behind your back."

uhh GG life.

Re: Getting Pulled Over Intoxicated
 

Wow Tom, that totally sucks. What happened at the station, did you blow into a machine? What was your BAC?

I found an online calculator which estimated my BAC to be about 0.09%-0.11%. Hard to tell exactly since who knows how much booze was in the glass of punch.

Re: Getting Pulled Over Intoxicated
 

the pen trick is solid if performed correctly. when you've consumed a certian amount of alcohol, your eyes will almost do a "vibration-like-bounce" thing when at the extremities of their range.

so when he has you looking far to your left and pauses, he is looking for the slightest virbration. be smart, if there is any doubt, deny the field test and breath test. go to jail, post bail, go home, call a lawyer, you're now out of a G or 2 but that's life.

Re: Getting Pulled Over Intoxicated
 

I denied the breathalyzer, but that doesnt really help much considering the fact that I am only 19 years old.

Im not sure exactly what my BAC% was since I didnt take the test, but the cop estimated me to be somewhere around .12%.

Gonna cost me quite a bit of $$$ in fines. I dont think Im going to get a lawyer since the penalties are mandatory, so it would just be another waste of money.

Re: Getting Pulled Over Intoxicated
 

Do they have breathalyzers in the US?

In Australia, the cops have a simple little machine you blow into and it gives your BAC. Why don't you guys have this or do you have it and theres some BS bill of rights whatever that allows you to deny it?

The whole DUI "follow my pen" seems pretty ridiculous when there are simple and more precise methods available.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
Gonna cost me quite a bit of $$$ in fines. I dont think Im going to get a lawyer since the penalties are mandatory, so it would just be another waste of money.

[/ QUOTE ]

Get a lawyer.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
[ QUOTE ]
Gonna cost me quite a bit of $$$ in fines. I dont think Im going to get a lawyer since the penalties are mandatory, so it would just be another waste of money.

[/ QUOTE ]

Get a lawyer.

[/ QUOTE ]

How can a lawyer help?

Re: Getting Pulled Over Intoxicated
 

Yes, we have breathalyzers, you dont have to take it.. but if you dont take it, you automatically lose your license for a year I think it is.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
Do they have breathalyzers in the US?

In Australia, the cops have a simple little machine you blow into and it gives your BAC. Why don't you guys have this or do you have it and theres some BS bill of rights whatever that allows you to deny it?

The whole DUI "follow my pen" seems pretty ridiculous when there are simple and more precise methods available.

[/ QUOTE ]

It does seem stupid the way they do it. I had to do all the tests once. I literally did at least 6 or 7 different tests (follow the pen, walk the line, finger to nose, alphabet backwards, count out 60 seconds in your head, etc.). I destroyed each test as far as I could tell. I wasn't really close to drunk at that point anyway. But, I still took every test. Then I did the breathlyzer and they let me go. I don't know what I blew, but what was the point of all those [censored] tests if the breathlyzer could have ended the thing in about 30 seconds instead of 10 minutes.

Re: Getting Pulled Over Intoxicated
 

Sometimes people drive under the influence of drugs, and breathalyzers dont cant pick those up obv. But that cop was probably just being a dick cause he could.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Gonna cost me quite a bit of $$$ in fines. I dont think Im going to get a lawyer since the penalties are mandatory, so it would just be another waste of money.

[/ QUOTE ]

Get a lawyer.

[/ QUOTE ]

How can a lawyer help?

[/ QUOTE ]

You're right. Don't get one. We're just trying to trick you into spending the money on something so unecessary.

I'm sure the prosecutor will go easy on you. It's in their best interests to go soft on drunk drivers. Besides, if the police did anything wrong when they arrested you, I'm sure the prosecutor will be totally forthcoming and let you off because of it.

So save your $$$. It's better spent on beer and online poker, rather than something silly like legal representation to perhaps avoid getting convicted and screwing up your life.

Re: Getting Pulled Over Intoxicated
 

Sigh, I dont think you quite comprehend the term "mandatory". Even Johnny Cochrane (R.I.P.) couldnt swindle anything when it comes to MANDATORY penalties.

Re: Getting Pulled Over Intoxicated
 

dat,

Lawyers excel at getting people out of "mandatory" penalties.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
Sigh, I dont think you quite comprehend the term "mandatory". Even Johnny Cochrane (R.I.P.) couldnt swindle anything when it comes to MANDATORY penalties.

[/ QUOTE ]
There's still the issue of having a DUI go on your record, possible court fines, etc. I can almost guarantee it's worth at least consulting a lawyer who specializes in DUI cases.

Now, less lawyer talk and more stories!

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
Now, less lawyer talk and more stories!

[/ QUOTE ]
Meh, this isn't much of a story but in the past three months I've been pulled over twice, both times after a few drinks and neither time did the cop ask if I had been drinking. I'm just very good at appearing sober, I guess.

This thread would be a lot better if one of the cops showed up (ItalianFX is one, can't remember the other one offhand).

Anyway, I'll mention here what I mention in every DUI thread: if you get pulled over and you think you're hosed, refuse all tests, take your year's suspension like a man, and save yourself a TON of money in court fees, fines, and insurance premiums down the line.

Re: Getting Pulled Over Intoxicated
 

I've been researching a little bit, and the concensus seems to be that hiring a lawyer is just a waste of money. First offense DUI is only a misdemeanor. I have a couple of friends that have gotten DUI and hired a lawyer and said it was no help and just cost them about $5000.

Re: Getting Pulled Over Intoxicated
 

Word of note to OOT. If you get pulled over and are definitely drunk, do not answer any questions, do not take a field test or a breathalyzer. You are not legally required to take any test and you should refuse and say you would like to speak to your lawyer first. Spend the night in jail, then any decent lawyer should be able to get your DUI thrown out and your license back.

Re: Getting Pulled Over Intoxicated
 

Its hard to come up with a good reason for denying a breathalyzer when you are only 19 years old though.

Re: Getting Pulled Over Intoxicated
 

Sweet I can add a story.

I got pulled over driving home from a bar. I wasn't tanked but I was definitely over the limit. Here goes story:

(driving with music and I see the flashy lights behind me so I calmly pull over and get my zen on).
drunk_friend_in_passenger: "DOOD wat are u doing? why are u pulling over?"

(i continue to get in my zen)

drunk_friend: "Dood are we getting pulled over? WTF what's going on ... OMG ARE YOU COOL? DOOD ARE U COOL".

(i now sucessfully tune him out).

cop: "i noticed your missing your front license plate ..."
me: "oh it fell off, I have it back in the back seat..."

(I start making the motions that signify I can rummage if he so requests)

cop: "yeah look I don't really care about that. Have you been drinking tonight?"
Me: "yes sir I had a drink earlier in the night"
cop: "ok follow my pen ...." (does pen thing)
cop: "ok you're good now move it ... mooooooooooove it"

Everything is true except for the last sentence which is a dave chapelle quote.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
Its hard to come up with a good reason for denying a breathalyzer when you are only 19 years old though.

[/ QUOTE ]

You don't need a reason. You can just say you don't want to take it. Your lawyer can always come up with something about how inaccuracies in breathalyzers made you weary of risking taking it.

Re: Getting Pulled Over Intoxicated
 

I didnt take it.

Re: Getting Pulled Over Intoxicated
 

and F all of you posting stories about how you were drunk, got pulled over, and were let off lol. I want to hear some arrest stories cause that will make me feel better [img]/images/graemlins/tongue.gif[/img]

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
I didnt take it.

[/ QUOTE ]

Why would you take the field sobriety test and refuse the breath test? They can and will rape you with the field test.

Re: Getting Pulled Over Intoxicated
 

I pwned the first field sobriety test (standing on one foot and counting) then the a-hole has to bust out his pen and do that one and I guess I failed cause depressants make your eyes do weird things.


The officer was telling me telling me about how I failed the pen test or whatever, and I asked if I passed the other one. He goes "No, you missed like 4 numbers" I was like what??? Even if I was drunk I could still count from 1 to 15. (This conversation took place off the record) I questioned him about it and he was just like "well, any 20 year old guy should be able to do that blah blah blah..."

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
[ QUOTE ]


This thread would be a lot better if one of the cops showed up (ItalianFX is one, can't remember the other one offhand).

Anyway, I'll mention here what I mention in every DUI thread: if you get pulled over and you think you're hosed, refuse all tests, take your year's suspension like a man, and save yourself a TON of money in court fees, fines, and insurance premiums

[/ QUOTE ]

ok i'm here. a few things. in CA if i were effed up. i might or might not refuse the FST's. I've seen some pretty drunk people do all right and depending on the cop who knows. Now, I would not refuse the chemical test bc here if someone refuses then they get strapped down and we force a blood draw and you still get the one year suspension. If it were me i would definitely opt for the breath test bc you never know how drunk you are and you might blow under and they let you go. Also, i think its a lot easier to fight a breath test than a blood test. JMHO

Oh and to the guy who got arrested get a lawyer. Mandatory penalties only apply if ur convicted and w/o consulting a lawyer you dont know if you have a case

Re: Getting Pulled Over Intoxicated
 

Im 19, refused a breathalyzer and apparently failed a FST. Im pretty sure I dont have much of a case.

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
Im 19, refused a breathalyzer and apparently failed a FST. Im pretty sure I dont have much of a case.

[/ QUOTE ]
Where did you get your law degree, again?

Re: Getting Pulled Over Intoxicated
 

[ QUOTE ]
Im 19, refused a breathalyzer and apparently failed a FST. Im pretty sure I dont have much of a case.

[/ QUOTE ]

and so at 19 you're a legal expert. WTF. At least consult a lawyer. You failed a FST..meaning the officer's observations are the only evidence against as you did not take a chemical test...hardly an airtight case..