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#71
10-09-2006, 10:27 PM
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Re: Getting Pulled Over Intoxicated
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[ QUOTE ] GTL, Sure, but when you're working with the mentality that says "hmm, this punch is too weak, let me find the strongest alcohol possible and make it stronger, by the way this is like my 4th drink" I just don't see how you end up at "no thanks, I'm driving someplace else". [/ QUOTE ] No drunk driving story starts with "Well I was going out to get drunk and the only mode of transportation I was gonna use is my car". Drunk driving stories always end with I stopped drinking to sober up and was just over the limit, or I had a bunch of drinks that caught up with me later, or I wasn't planning on driving but X happened so I had to. My point is most of the people who go out drunk driving knew they would be drinking and driving beforehand. They knew they were taking their car and that they would be drinking. I have no doubt that probably 60% of the stories listed above this is what happened. [/ QUOTE ] My DD story starts with "Well I was going out to get drunk and the only mode of transportation I was gonna use is my car." Given that I was a cocky 19 at the time and all of my friends were doing the same, I didn't see a problem. Looking back now, I see that I was an idiot and am lucky to be alive after some of the stuff I did. Double A Tom: From someone who has been there, get a lawyer, I'm pretty much positive mine was worth it. He can get you a pretty decent reduction in the fine you pay and the charges you face, different charges have different mandatory punishments, you know. Mine was in MA so that might make a difference, but I'm pretty sure the lawyer will help. 
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#72
10-09-2006, 10:41 PM
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Re: Getting Pulled Over Intoxicated
I am a prosecutor and I mostly prosecute OWIs. Here's my 2 cents, for whatever it's worth.
As far as a lawyer goes, there are MAJOR differences in lawyers who handle OWIs. Almost all of the lawyers I deal with see OWI cases as easy money. They take your money and get a plea agreement. I can't speak for every prosecutor, but I will give the same deal to a person who represents themselves on a standard OWI. There are attorneys who specialize in OWI cases. They are very expensive, but if you want to fight it, I would suggest you find someone who specializes in OWI cases. All attorneys will look for ways to suppress evidence, but if there is something really obviously wrong with the case, most prosecutors won't file it in the first place. OP, either you weren't as drunk as you thought or the officer who pulled you over didn't know what he was doing. The "eye test," a/k/a the horizontal gaze nystagmus, is the most reliable field sobriety test. You can't control the "jerkiness" of your eyes when you are under the influence of alcohol. You can pass the other tests, with enough practice. Try them the next time you're drunk. Finally, those of you who are saying you passed the tests, it is very likely you didn't. Most drunk people I prosecute think they passed the tests. There are certain clues the officer is looking for and most people have no idea what they are. Officers generally don't tell you how you are doing on the field sobriety tests. Sorry so long, just wanted to clarify some of the points.
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#73
10-09-2006, 11:07 PM
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Re: Getting Pulled Over Intoxicated
About 5 years ago I got pulled over driving home from some guys house and I was definitely over the limit. I got the standard tests and I obviously failed. I remember thinking at the time that if I refused the breathalyzer it was a mandatory 6 month suspension. I live in Illinois btw. Of course I was not in good shape to make decisions but I was commuting an hour to college and couldn't take a 6 month suspension.
Sort of irrelevant bitching about cops story: When I got pulled over my stone cold sober friend was with me and my brother. The cop asked me if I wanted one of them to take my car if they were sober and I said yes, either one of them. My brother was over the limit but my friend was sober but the cop had the car towed anyway and said that I only gave permission to let my brother drive. $75 towing fee and had to wait 2 days to get it and it was unlocked with my checkbook inside. There was just no reason for the guy to screw me like that. Cops probably get a kickback from the tow company. Anyway, I took other people's advice and hired a lawyer. I got a 90 day suspension and a 1 year probation. Basically as long as I had a clean record for the probation period I didn't get a DUI conviction. The lawyer told me I could either try to fight and risk a conviction or take the probation and get my act together (which I did). It worked out well for me as I get regular insurance rates and it basically is like it didn't happen except if I did it again I would be seriously screwed. I really don't know if the lawyer was necessary though. A friend of mine had the same deal and didn't hire a lawyer but the prosecutor was a high school buddy so who knows. Whole deal cost about 2 grand, I don't recommend it. And the lawyer didn't get the fines reduced although they did drop the failure to yield ticket. Don't drink and drive but if you do don't speed or go through yellow lights or smash mailboxes or anything.
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#74
10-10-2006, 04:54 AM
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Re: Getting Pulled Over Intoxicated
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[ QUOTE ] [ QUOTE ] One little hint, if you are driving drunk, keep all the windows down so that the air circulates. One time we stopped a guy and I was on the passenger side of the car, the window was up, and the guy was so drunk I could still smell it. It's a very distinct odor. [/ QUOTE ] Are you [censored] insane? You are A COP and you're telling people how they can safely drive while drunk. Moran. [/ QUOTE ] I didn't say HOW they can. I obviously didn't tell them to steer towards the road in the center. I said "IF YOU ARE DRIVING DRUNK..." I CAN'T STOP people from doing what they want, I can only ENFORCE the laws based on the situation that I am presented with. Before you open your mouth morOn (or start typing away), take a few SECONDS to understand the idea behind the concept. Note: CAPS added for EMPHASIS [/ QUOTE ] Hmm, interesting. [ QUOTE ] I didn't say HOW they can. [/ QUOTE ] [ QUOTE ] One little hint, if you are driving drunk, keep all the windows down so that the air circulates. [/ QUOTE ] If this is your logic as a police officer I'm so glad I don't live in the US (and I'm therefore not fluent in English moron). You sure as hell seem both immoral AND dumb.
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#75
10-10-2006, 06:18 PM
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Re: Getting Pulled Over Intoxicated
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You are a [censored] douchebag and it probably would have been a good thing if you wrapped your car around a tree. [/ QUOTE ] um, ok. Because I drove drunk or just because? I also blew at teh station because I was uninformed that not blowing was better. I was really intiminated by the whole situation and just knew that if I didnt blow then my liscense would 100% be suspended. Wish I knew.
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#76
10-10-2006, 07:56 PM
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Re: Getting Pulled Over Intoxicated
Thanks for the helpful information msplg, thats the assumption I was under from what I heard from my friends who went through the same ordeal.
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#77
10-10-2006, 08:03 PM
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Re: Getting Pulled Over Intoxicated
[ QUOTE ]
[ QUOTE ] [ QUOTE ] [ QUOTE ] One little hint, if you are driving drunk, keep all the windows down so that the air circulates. One time we stopped a guy and I was on the passenger side of the car, the window was up, and the guy was so drunk I could still smell it. It's a very distinct odor. [/ QUOTE ] Are you [censored] insane? You are A COP and you're telling people how they can safely drive while drunk. Moran. [/ QUOTE ] I didn't say HOW they can. I obviously didn't tell them to steer towards the road in the center. I said "IF YOU ARE DRIVING DRUNK..." I CAN'T STOP people from doing what they want, I can only ENFORCE the laws based on the situation that I am presented with. Before you open your mouth morOn (or start typing away), take a few SECONDS to understand the idea behind the concept. Note: CAPS added for EMPHASIS [/ QUOTE ] Hmm, interesting. [ QUOTE ] I didn't say HOW they can. [/ QUOTE ] [ QUOTE ] One little hint, if you are driving drunk, keep all the windows down so that the air circulates. [/ QUOTE ] If this is your logic as a police officer I'm so glad I don't live in the US (and I'm therefore not fluent in English moron). You sure as hell seem both immoral AND dumb. [/ QUOTE ] If you can explain to me how keeping your window open helps you drive after you have been drinking, please let me know so that I can watch for that at night when I'm patrolling my area. I'm not going to sit here and repeat myself. Study english a little more and reread what I said. Goodbye!
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#78
10-10-2006, 08:16 PM
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Re: Getting Pulled Over DWI
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" 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 ] You should also put your inside light on
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#79
10-10-2006, 10:37 PM
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Re: Getting Pulled Over Intoxicated
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The "eye test," a/k/a the horizontal gaze nystagmus, is the most reliable field sobriety test. You can't control the "jerkiness" of your eyes when you are under the influence of alcohol. [/ QUOTE ] If you wear contacts you should tell the cop right away before he performs this test.
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#80
10-10-2006, 10:55 PM
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Re: Getting Pulled Over Intoxicated
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Refuse to take the BAC test, you'll still be charged with DUI, your license will be suspended for at least 1 year, and the fines added on are pretty big. During a DUI stop, you don't have any rights to refuse. At least, that is the law in Pennsylvania. [/ QUOTE ] There is some info missing here from the Pennsylvania law. If you do refuse a test, yes, you may still be charged with DUI if the DA has enough evidence to go forward with the cops charges. But... it is really hard to convict if they do not have Blood or Breath evidence. Second, Yes you do have a right to refuse. You will lose your license for one year until you appeal which automatically stays the one year suspension until you have your day in court. You than have a hearing with the Dept. of Transportation and a Judge. Than the Judge rules if you lose your license or not. I know this personally as I beat a DUI and I beat the one year licence suspension in Pennsylvania. I know I'm more of the exception than the rule as I do not believe many people have pulled this off. Third, Unless things have changed I do not believe that you get any extra fines by refusing. Get a lawyer and never take or get legal advice from a cop or a message board as you can see that sometimes the info is wrong.
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