DUI - A trip report
 

So a little over a month ago, I got a DUI... Here's the story, up through my day in court.

I work at a bar. A friend of mine who works there passed away. A bunch of us met there for a few drinks before the wake to take the edge off, then went back there afterwards to drink the night away. I had a few (or many) cocktails, then got a ride home from some friends. We then sat it my garage and had a few more beers. I was still down from my friends death, and decided I wanted to be alone and told everyone to leave. This was about 1am. After they left I wanted to go for a drive, so I grabbed a beer and hopped in then car.

I know this sounds VERY bad, which it was... And I'm not going to sit here and tell you different... All I'm going to say is I was drunk and in a relatively self-destructive sort of mind. THANKFULLY, I made it about a mile before I drove past a cop who pulled me over.

The officer approached my car and asked if I'd been drinking. I told him no. He looked at me and said "Dude, you reek of alcohol." I told him I had two beers in my garage. He gave me a funny look. I said "I know, everyone's had two beers, right?" He said "Yea, I get that alot."

The officer calls for backup, then comes back to my car and sees the open can of beer. He asks me to step of the car. I do the field sobriety test... My straight line was good. My standing on one foot for 30 seconds was OK... My foot touched down at 20, but I'm a fat kid and cant do it sober anyways. The officer then brings out the breathalyser test and I politely refuse. He asks me why and I told him I'd heard too many stories about them being inaccurate and I didn't want to take it. He then told me I wasn't going to get a blood test, this was my only choice. I still refused, and the officer placed me under arrest.

After patting me down he goes to handcuff me and asks for an additional set of cuffs from his backup. (Remember, I'm a fat guy.) At this point, I've decided to try and be a nice guy and joke around, hoping my charm will help matters. I say "Two pairs, c'mon, I'm not that fat, am I?" He chuckles and tells me I have broad shoulders and I'll be more comfortable.

He puts me in the back of his car, let me tell you, there's NO room back there. We're driving to the station and making small talk. He asks me if I've ever been arrested before and I say no. He asks if I've had any experience with the criminal justice system and I answer "I took a few classes in school, plus I watch Law&Order and The Shield. I know whats up." We share a laugh.

We get to the station and I'm brought into the booking room. The officers start in their paperwork and I sit there in cuffs. After I few minutes, I say "Can I ask you officers a question?" They say sure. "What percentage of people that you arrest would you say require two pairs of handcuffs?" The officer answer "Not that many." I sigh and we laugh. At that point my cuffs are removed, which takes 3 officers (I guess they thought I might hit them, although I assured them I would not.) After that I refuse a breathalyser again. They print me and take my booking photo. I get my phone call. I ask for my cell phone to look up a friends number. I'm told no. [censored]. The only number I have memorized is my house number. I regrettably call my mother.

At this point I decide I want it on record that I want a blood test and they wouldn't give me on. I ask for it in writing and am told no. I ask again. He says no. I ask a third time and am told "You were gonna get out of here with just putting your license up for bond, now it's gonna cost you $130. Ask again and see what happens." I ask again. I am placed in isolation. About 20 minutes later I get brought back out. I decide I want a lawyer. The cop slides me phone and says "call one." I told him "I don't have any lawyers numbers... You read my rights. You said if I can't afford a lawyer, you'll appoint me one. You have my wallet, what's in there, $10? Appoint me one." They tell my they can't get a public defender down there at 2am and I'll sit in a cell until morning. I tell them to forget it. I then ask for them to write on a piece of paper "Brian asked for a blood test and we said no" just so I had it in writing. The officer looks at me and says "You watch the Shield, right? What would Vic Mackey do if you were annoying him like this? What would he do with you?" I giggle and say "Vic Mackey doesn't [censored] around with [censored] like me, he goes out and gets the real bad guys."

After that I get my release papers. They tell me to sign all of them. I read them. Every word. Front and back. The officers are upset that it's taking so long. They make fun of me. One paper in there is an inventory of my vehicle. It says "I am intoxicated and cannot be positive all of these things were present." I write on it "I'm not drunk, I want a blood test." I initial the change and sign my name. The officer rips it up. At this point I say "[censored] you guys, I want a lawyer. Put me in a cell." They tell me I'm being released and lead me out of the building.

The next day I meet with an attorney. Good guy. Expensive. We agree on a strategy and I pay him. After that my next step is to take a DUI evaluation. This is required in my county. You meet with an evaluator and answer a bunch of questions. They then determine two things. 1) What risk you are two be a repeat offender, and 2) What risk you are to have a problem with drugs or alcohol. I lied my ass off and still got placed as a "significant risk"

Yesterday I went to court. My lawyer tells me he's worked out a plea if I'm willing to do it. I plead No Contest to DUI. 1 year court supervision. $1500 fine. No license suspension, no community service. They would also lower my evaluation results from Significant to Moderate risk, which means less alcohol abuse classes. I tell him I don't want a DUI on my record and he says it wont be and long as I don't violate my supervision. I ask why I'm getting such a good deal. I was looking at 6 month suspension for not blowing, but we'd probably beat the DUI charges. He said the village attorney would rather have a plea to DUI than have a suspension for not blowing. It makes him look better. I said "Lets do it."

We go in the courtroom and wait. When my case is called, the village attorney explains the deal to the judge. The judge doesn't look to happy, but can see I'm a good kid. He talked to my for a minute, and I told him that I am genuinely sorry for what I did, and that I realize I could have killed myself or someone else. I told him I was actually thankful I got stopped, because I was in no condition to drive. And I honestly meant that. The judge signed off on the plea, I went downstairs to the clerk and got my license back.

Moral of the story... Don't [censored] drink and drive! But if you do, don't blow, and don't say [censored] to incriminate yourself.

Re: DUI - A trip report
 

Seems like a big risk asking for a blood test so many times. If they give you one you're totally effed, right?

Re: DUI - A trip report
 

[ QUOTE ]
Seems like a big risk asking for a blood test so many times. If they give you one you're totally effed, right?

[/ QUOTE ]

For sure... But even after asking for it, I still had the right to refuse it, which I planned to do.

The law in my state used to be that you had the right to either a breathalyser, blood or piss test. Apparently the changed the law recently that you just have the right to REQUEST one of the tests. I was unaware that it had been changed. The cop told me it had been, but I didn't believe him. He was right, of course. At the time I thought I'd beat the whole thing, only because I couldn't get a blood test. Thats why I wanted it in writing.

Re: DUI - A trip report
 

This is interesting. I don't know about the laws in my province, but what are the immediate consequences of blowing or taking the blood test, if you do test that you are above the legal limit? Far worse than what you got, right?

Re: DUI - A trip report
 

Wait, you were going to refuse a blood test after you asked for it? WTF?

Either way, I normally like to point out how retarded drunk drivers are, but you've already admitted you were being a [censored] moron doing what you did, so I see no reason to rub it in more. Well, beyond reminding you that driving drunk is probably the dumbest thing a person can do on this planet short of taking a bath with their hair dryer.

You're lucky you still have your license, I don't see why there's not a MANDATORY year-long suspension even for pled-down DUI cases. Legal loopholes FTW, I guess.

Re: DUI - A trip report
 

[ QUOTE ]
This is interesting. I don't know about the laws in my province, but what are the immediate consequences of blowing or taking the blood test, if you do test that you are above the legal limit? Far worse than what you got, right?

[/ QUOTE ]

Here's how it works in my state (Illinois)

If you test over .08, you will lose your license for 3 months and be convicted of DUI. If you refuse to blow, you will be charged with DUI, but any decent attorney will get that beat, unless they have videotape of you falling down, slurring your words, etc, or if you admit to being drunk. However, refusing chemical tests results in an automatic 6 months suspension. You have to decide what's more important... Losing you driving privileges for an additional 3 months, or having a DUI conviction.

Re: DUI - A trip report
 

[ QUOTE ]
Wait, you were going to refuse a blood test after you asked for it? WTF?

[/ QUOTE ]
I was pretty sure they weren't going to give me one, only because before I even asked for one, they told me I couldn't have it.

[ QUOTE ]
I don't see why there's not a MANDATORY year-long suspension even for pled-down DUI cases. Legal loopholes FTW, I guess.

[/ QUOTE ]
That and the penalty for a first time offender who blows over .08 is only 3 months.

Re: DUI - A trip report
 

I fully understand the penalty for a first-time offender, but what you did, although you've admitted it was stupid and I won't kick you anymore for that, is exactly why there should be a 1-year minimum. Of course, when I think that would make someone think twice about driving drunk, most people who drive drunk aren't thinking.

Re: DUI - A trip report
 

[ QUOTE ]
[ QUOTE ]
Wait, you were going to refuse a blood test after you asked for it? WTF?

[/ QUOTE ]
I was pretty sure they weren't going to give me one, only because before I even asked for one, they told me I couldn't have it.

[ QUOTE ]
I don't see why there's not a MANDATORY year-long suspension even for pled-down DUI cases. Legal loopholes FTW, I guess.

[/ QUOTE ]
That and the penalty for a first time offender who blows over .08 is only 3 months.

[/ QUOTE ]

I still don't get why you kept asking for a blood test if you knew you weren't going to get it & you were going to take it anyway

Re: DUI - A trip report
 

He asked for it precisely because he knew he wouldn't get it, hoping that would leave him a loophole to exploit at trial.

Re: DUI - A trip report
 

[ QUOTE ]
He asked for it precisely because he knew he wouldn't get it, hoping that would leave him a loophole to exploit at trial.

[/ QUOTE ]

It would seem to me that when an officer testified that he asked them to the point of annoyance for a blood test and, when he was finally given the test, refused to take it, would be pretty damning. Obviously they can't prove anything then, leaving a minor loophole, but I can't say I would take very kindly to this guy making me waste my time on his drunk ass.

Re: DUI - A trip report
 

[ QUOTE ]
I still don't get why you kept asking for a blood test if you knew you weren't going to get it & you were going to take it anyway

[/ QUOTE ]

the first person to mention the blood test was the cop saying he couldnt have one. OP thinks he knows his rights are that he can have one, so he thought this was a loophole to get off the hook.

Re: DUI - A trip report
 

Quick note, you should not even take the field test. You should say I will take any test until I consult with my lawyer. They will never let you call them at 2 AM and you won't have their home number anyway. You will sit in a jail cell for a night, DUI will be easy to defeat, and despite license suspensions being "mandatory" when you blow, a good lawyer will get you out of that too. They don't have any eveidence on you unless you were swerving, etc. so if it was just a BS stop, then it is only the cops word that he smelled alcohol.

Re: DUI - A trip report
 

[ QUOTE ]
Quick note, you should not even take the field test. You should say I will take any test until I consult with my lawyer. They will never let you call them at 2 AM and you won't have their home number anyway. You will sit in a jail cell for a night, DUI will be easy to defeat, and despite license suspensions being "mandatory" when you blow, a good lawyer will get you out of that too. They don't have any eveidence on you unless you were swerving, etc. so if it was just a BS stop, then it is only the cops word that he smelled alcohol.

[/ QUOTE ]

Haha, yeah that will work.

Re: DUI - A trip report
 

[ QUOTE ]

I don't see why there's not a MANDATORY year-long suspension even for pled-down DUI cases. Legal loopholes FTW, I guess.

That and the penalty for a first time offender who blows over .08 is only 3 months.

[/ QUOTE ]

Over here thats pretty much the law its very unusual not to lose your licence for a year minimum. All we have here though is the breathaliser at teh roadside and a refusal is counted the same as a positive test.

Re: DUI - A trip report
 

[ QUOTE ]
Over here thats pretty much the law its very unusual not to lose your licence for a year minimum. All we have here though is the breathaliser at teh roadside and a refusal is counted the same as a positive test.

[/ QUOTE ]

I've heard that UK drunk driving laws are really strict, and that you can be charged if you are drunk, have your car keys on you, and are walking towards your car. Is that true?

Re: DUI - A trip report
 

[ QUOTE ]
This is interesting. I don't know about the laws in my province, but what are the immediate consequences of blowing or taking the blood test, if you do test that you are above the legal limit? Far worse than what you got, right?

[/ QUOTE ]

You live in a province?

Re: DUI - A trip report
 

[ QUOTE ]
Quick note, you should not even take the field test. You should say I will take any test until I consult with my lawyer. They will never let you call them at 2 AM and you won't have their home number anyway. You will sit in a jail cell for a night, DUI will be easy to defeat, and despite license suspensions being "mandatory" when you blow, a good lawyer will get you out of that too. They don't have any eveidence on you unless you were swerving, etc. so if it was just a BS stop, then it is only the cops word that he smelled alcohol.

[/ QUOTE ]
Nice try, but won't work. Asking for a lawyer before taking any form of test regarding DUI/DWI will constitute the drunkard as denying the test, thus getting you arrested anyway.
http://www.wisbar.org/res/capp/z1998/98-0915.htm

Re: DUI - A trip report
 

[ QUOTE ]
[ QUOTE ]
Quick note, you should not even take the field test. You should say I will take any test until I consult with my lawyer. They will never let you call them at 2 AM and you won't have their home number anyway. You will sit in a jail cell for a night, DUI will be easy to defeat, and despite license suspensions being "mandatory" when you blow, a good lawyer will get you out of that too. They don't have any eveidence on you unless you were swerving, etc. so if it was just a BS stop, then it is only the cops word that he smelled alcohol.

[/ QUOTE ]
Nice try, but won't work. Asking for a lawyer before taking any form of test regarding DUI/DWI will constitute the drunkard as denying the test, thus getting you arrested anyway.
http://www.wisbar.org/res/capp/z1998/98-0915.htm

[/ QUOTE ]

Getting arrested is a lot different than being convicted.

Re: DUI - A trip report
 

You won't be arrested for refusing a field sobriety test. Refusing the breathalyzer though will result in an arrest.

Re: DUI - A trip report
 

[ QUOTE ]
[ QUOTE ]
Over here thats pretty much the law its very unusual not to lose your licence for a year minimum. All we have here though is the breathaliser at teh roadside and a refusal is counted the same as a positive test.

[/ QUOTE ]

I've heard that UK drunk driving laws are really strict, and that you can be charged if you are drunk, have your car keys on you, and are walking towards your car. Is that true?

[/ QUOTE ]

No dont think so, however if you say went to sleep in the driver side when drunk then you will get done then, one guy lost his licnece a while ago through that even though the engine was cold etc, he had come home drunk had an argument with his GF and slept in the car stupidly on the drivers side, police came round and did him. Sleep in the passenger side and I think its fine.

Re: DUI - A trip report
 

ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI.

The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested.

The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial.

The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you?

The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes.

The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass.

BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense.

Re: DUI - A trip report
 

[ QUOTE ]
ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI.

The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested.

The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial.

The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you?

The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes.

The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass.

BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense.

[/ QUOTE ]


You sir, are an idiot.

Re: DUI - A trip report
 

A couple of questions for the OP:

The court didn't suspend your license but have you heard from the DMV yet?

What did you do to get pulled over? 90% of DUI arrests are due to speeding, swerving, running red lights, etc.

Re: DUI - A trip report
 

[ QUOTE ]
[ QUOTE ]
ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI.

The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested.

The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial.

The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you?

The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes.

The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass.

BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense.

[/ QUOTE ]


You sir, are an idiot.

[/ QUOTE ]

Care to expound on that?

My guess is in about 2 weeks he's going to get a letter form the DMV suspending his license for 6 months. In other words, he's going to be treated just the same as everybody else, lawyered up or not.

Re: DUI - A trip report
 

Dont drink and drive.

Re: DUI - A trip report
 

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI.

The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested.

The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial.

The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you?

The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes.

The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass.

BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense.

[/ QUOTE ]


You sir, are an idiot.

[/ QUOTE ]

Care to expound on that?

My guess is in about 2 weeks he's going to get a letter form the DMV suspending his license for 6 months. In other words, he's going to be treated just the same as everybody else, lawyered up or not.

[/ QUOTE ]

Ya, Ill expand.

This:

ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether.



is the stupidest thing Ive ever read.

Re: DUI - A trip report
 

[ QUOTE ]
[ QUOTE ]
ANYBODY that DRINKS has a ticket to the same "penalty lottery" the OP just won. His number just happened to come up. To prevent a DUI stop drinking, not stop drinking and driving but stop drinking altogether. Thats the only way you can say that you will "never" get a DUI.

The fact is once the cop smelled alcohol the OP was under arrest. The field sobriety test was done not to determine IF he was going to be arrested but WHEN he would be arrested.

The DUI laws change every year, usually becoming more punitive. The courts are jammed with other issues and have made it as sweet as possible for a 1st time DUI arrest to plead "no contest" as oppsed to going to trial.

The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote. Think of all the famous people this year alone who have gotten DUI's, did they get off? Could you?

The end all be all that I'm trying to say is obviously, don't drink and drive. But if you have any semblance of a social life chances are that you will drink and drive at some point. If you get pulled over you're probably going to get arrested. The system is set up so that you do not contest the arrest in court by offering you a "no contest" plea", fines and classes.

The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test. Your suspension time will be reduced and who knows, you might just pass.

BTW, I'm gearing this towards the first time offender who did not hurt anyone. First timers get a slap on the wrist, the hammer is reserved for your second offense.

[/ QUOTE ]


You sir, are an idiot.

[/ QUOTE ]

Re: DUI - A trip report
 

Guids,

I was referring to the posts calling the OP dumb, retarded and stupid, like they are somehow immune to making a bad decision after having a few beers. The only way to say you will "never" be arrested for DUI is if you don't drink. I should have been clearer.

DUI is a lottery if you drink, simple as that. I don't mean the alcoholic who does it all the time but the average guy who drives a date home after having a few at dinner, someone who drives a half mile from home for a pack of smokes after having a few watching the game, etc. One rolled stop sign, going a few mph's over the speed limit, anything that attracts the attention of a cop enough to pull you over. The cop is trained to look for things, especially drinking. If he smells it and asks, regardless of your answer, you're toast because he has already decided whats going to happen next. Once he gets you out of your car you might as well say goodbye to it for at least a couple of months.

My brother is a cop, my best friend is a cop, my uncle is a sheriff. They have next to no leeway in giving anybody a break if drinking is suspected. It's driven into them every roll call.

Re: DUI - A trip report
 

[ QUOTE ]
A couple of questions for the OP:

The court didn't suspend your license but have you heard from the DMV yet?

What did you do to get pulled over? 90% of DUI arrests are due to speeding, swerving, running red lights, etc.

[/ QUOTE ]

The Secretary of State's office (who controls the DMV) sent me a letter with the date my license was to be suspended, 6/16. They give you 46 days from the date of arrest before they take it away so you can get your affairs in order. The courts ruling was that the suspension was rescinded. I have a copy of the letter they sent to Sec. State office stating why they made that ruling. I may TECHNICALLY lose my license for a few day, only because it takes some time for them to do file the paperwork. The judge told me to call the Sec. State on the 15th and make sure the paper had gone through. He said if it hasn't gone through I can still drive because he rescinded my suspension. If I get stopped it will come up as a suspended license, but I can show the officer the letter and I should be OK.

The reason I got pulled over...
I turned right on red, after coming to a complete stop. The road I was turning on has a median that divides two lanes of traffic in each direction. Instead of turning into the right lane, I turned into the left. People do it all the time. Technically it's changing lanes in an intersection, which is improper lane usage.

Oh, and to agree with guids... You sir, are an idiot.

Re: DUI - A trip report
 

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Over here thats pretty much the law its very unusual not to lose your licence for a year minimum. All we have here though is the breathaliser at teh roadside and a refusal is counted the same as a positive test.

[/ QUOTE ]

I've heard that UK drunk driving laws are really strict, and that you can be charged if you are drunk, have your car keys on you, and are walking towards your car. Is that true?

[/ QUOTE ]

No dont think so, however if you say went to sleep in the driver side when drunk then you will get done then, one guy lost his licnece a while ago through that even though the engine was cold etc, he had come home drunk had an argument with his GF and slept in the car stupidly on the drivers side, police came round and did him. Sleep in the passenger side and I think its fine.

[/ QUOTE ]

In Illinois if you are drunk and in your car and your keys are accessible, you can get a DUI. If you are asleep in the back seat with the keys in your pocket, or on the floor, in the glove compartment... you're busted. If you have them in the trunk, however, you are no longer breaking the law.

Re: DUI - A trip report
 

LOL at you guys hating on inishowen. Whether we like to admit it or not, he's 100% right, particularly in the ever-punitive DUI environment in which we live. Very good posts by him IMO.

Re: DUI - A trip report
 

BTW, two examples to back up his point: a couple of times when I was living in a nice part of town, I was pulled over late at night for no reason at all. Well, they made up a completely BS reason for doing so - one time it was swerving (I wasn't, the cop and I were the only two on the road so I was driving super straight) and the other was for running a stop sign (another flat-out lie, I saw the cop driving around aimlessly, just he and I on the road, and made it a point to make a deliberate stop). One time was particularly LOL because I had my wallet stolen a week or so prior so couldn't prove who I was, and also didn't have license or proof of registration on me for some reason, and yet he still let me go as he could tell I hadn't been drinking.

Both of those happened nearly 15 years ago. I shudder to think of how aggressive they are now.

Re: DUI - A trip report
 

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Guids,

The only way to say you will "never" be arrested for DUI is if you don't drink. I should have been clearer.


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This is so wrong. What if you just "never" drive. What if you commit suicide? Or the best solution, what if you never DRINK AND DRIVE????

Re: DUI - A trip report
 

[ QUOTE ]

In Illinois if you are drunk and in your car and your keys are accessible, you can get a DUI. If you are asleep in the back seat with the keys in your pocket, or on the floor, in the glove compartment... you're busted. If you have them in the trunk, however, you are no longer breaking the law.

[/ QUOTE ]

So you have to lock your keys in your trunk??? Who got this law passed the pop-a-lock lobby? [img]/images/graemlins/smile.gif[/img]

Re: DUI - A trip report
 

[ QUOTE ]
LOL at you guys hating on inishowen. Whether we like to admit it or not, he's 100% right, particularly in the ever-punitive DUI environment in which we live. Very good posts by him IMO.

[/ QUOTE ]

I agree with alot of what he said. Anyone can get a DUI, the laws change all the time, don't drink and drive, they'll get you on something little. However, some of the things he said were flat out wrong. Examples...

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The theory of refusing the breath test is proffered by attorneys who have a vested finacial interest in contesting the arrest. An attorney can't "get you off", they look for procedural mistakes made by the arresting officer and try to get the whole arrest voided. Cops are trained not to make procedural mistakes. The chances of getting the case thrown out on a technicality is remote.

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Untrue... If you don't blow or submit to any other criminal testing, it is very difficult to get a DUI conviction. Any DUI lawyer worth his salt can beat that unless the cops have VIDEO EVIDENCE of you swerving into traffic, falling down drunk, slurring your words, etc. There is no proof you were intoxicated above the legal limit. Thats why there is a longer suspension for not blowing.

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The only thing you can do for yourself is mitigate the loss of license time once arrested. You're basically screwed on the legal end. Mitigating the loss of license time is done by TAKING the breath test.

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No. Are you aware as to what "Mitigating circumstances" actually are?

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My guess is in about 2 weeks he's going to get a letter form the DMV suspending his license for 6 months. In other words, he's going to be treated just the same as everybody else, lawyered up or not.

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Again, this isn't how it works. The Secretary of State controls the DMV. They automatically suspend your license, ANY TIME YOU ARE ARRESTED FOR DUI. The court has the power to rescind your suspension.

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Once he gets you out of your car you might as well say goodbye to it for at least a couple of months.

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No. Not at all.

Re: DUI - A trip report
 

[ QUOTE ]
[ QUOTE ]

In Illinois if you are drunk and in your car and your keys are accessible, you can get a DUI. If you are asleep in the back seat with the keys in your pocket, or on the floor, in the glove compartment... you're busted. If you have them in the trunk, however, you are no longer breaking the law.

[/ QUOTE ]

So you have to lock your keys in your trunk??? Who got this law passed the pop-a-lock lobby? [img]/images/graemlins/smile.gif[/img]

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Lock them in your trunk, put them inside the gas cap, inside the muffler, hell, just set them on the ground outside the car. The wording of the law is "immediately accessible." They take that to mean they are with you inside the vehicle.

Re: DUI - A trip report
 

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]

In Illinois if you are drunk and in your car and your keys are accessible, you can get a DUI. If you are asleep in the back seat with the keys in your pocket, or on the floor, in the glove compartment... you're busted. If you have them in the trunk, however, you are no longer breaking the law.

[/ QUOTE ]

So you have to lock your keys in your trunk??? Who got this law passed the pop-a-lock lobby? [img]/images/graemlins/smile.gif[/img]

[/ QUOTE ]

Lock them in your trunk, put them inside the gas cap, inside the muffler, hell, just set them on the ground outside the car. The wording of the law is "immediately accessible." They take that to mean they are with you inside the vehicle.

[/ QUOTE ]

What if you freeze them in a block of ice, and put the block of ice inside the car?

Re: DUI - A trip report
 

[ QUOTE ]
LOL at you guys hating on inishowen. Whether we like to admit it or not, he's 100% right, particularly in the ever-punitive DUI environment in which we live. Very good posts by him IMO.

[/ QUOTE ]


are you insane? if you are going to drink, do not get behind the wheel. wtf am I missing?

Re: DUI - A trip report
 

hithard,

How did your friend die?