Most likely got a DUI last night, tell me how big of an a**hole I am

[niss]

1. Please don't turn this into a debate about whether drunk driving is right or wrong or whether the limits are too low. Just because one person thinks he/she can drive at .08 doesn't mean that everyone can do it, and the only practical way to protect the public is by having a low limit that covers just about everyone. Every state has made it pretty clear that, in a legal sense, getting behind the wheel after having had a few drinks is a mistake, as Rick recognizes.

2. Similarly, whether AA is effective is not an issue for discussion in this thread. One of the prime reasons the suggestion has been made is that it will look good to a judge. It doesn't matter if AA sessions consist of an hour of pin the tail on the donkey. Should Rick be charged, and then convicted (or plead guilty), he may do himself a service by being able to show a judge that he is remorseful and is taking steps on his own to address his "problem".

Good luck, Rick. When I was about 20, I made the same mistake you did. While I didn't get caught, I almost ran someone over. That was the last time I ever considered getting behind the wheel after having had a few. I'm sure this incident will have the same effect on you.

[DarrenX]

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work permits are pretty standard for everyone I've known who's gotton a dui, but nobody i've known was able to get one right away, they all had to be without a liscence for a while, and then could get the permit.

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Got a DUI 3 years back- one of the worst feelings in the world. I won't go into detail of how it happened, but like EVERYONE else, OF COURSE it was through no fault of my own... [img]/images/graemlins/wink.gif[/img] As everyone said, you're not alone, and after a few days you'll begin to feel better. Know that it sucks, it's a tough and expensive life lesson, and move on.

Work permits- if you have a friend at work, just have him sign it as your boss on your letterhead. Got mine right away.

You blew (meaning you cooperated), which in my state (Illinois) means IF you were to be over the limit, you would have your license suspended for 3 months, not 6. With the work permit you'd be able to drive in months 2 and 3. As far as what to do that month, I'm not saying <<I>> did it, but if you have a good friend/relative that's willing to trade cars for the month, it could be the way to go. Not to say there's not risks involved with that, but it's an option.

Don't get a second one- my buddy got his second 4 years and 10 months after his first... if it would have been 2 months later it would have been treated like a first offense again. Lost his license for 3 years- will get it back this November. And oh yeah, he became a professional online poker player.

[LinusKS]

Hi Rick.

Just a few points. I'm not from PA, and I don't know how they do things there, so get a lawyer, and do what he says.

Everybody says, "Two or three beers." Saying the real number is worse, but don't expect the cop believed you. Everybody he's ever arrested has told him that.

Being cooperative is a +. Cops deal with belligerant drunks every day, and prosecutors and judges do take a defendant's attitude into account.

Blowing under or blood-testing under is not an automatic defense. The law allows for convictions of people who test under, especially a couple of hours after they were driving. It's not rocket science.

That said, prosecutors are public servants, and like most government employees are badly over-worked. Given a choice, they'll take the big number over the small one. It's like folding a medium pair when you're massively multi-tabling. Yeah, it's probably -EV to fold it, but it's better than missing out on the AA that's 2 seconds from timing out.

[wiper]

so the cop actually had a breathalyzer test in the cruiser with him? or he gave you the roadside test?

that's pretty ridiculous if you passed the breathalyzer, and he still made you go give blood...i'm pretty sure an argument would've ensued if i was asked to take a breathalyzer, passed it, and then was asked to go give a blood sample anyway...

[chucksim]

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If you're going to lie, next time tell the policeman you had no beers instead of 3.

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Dumbest thing in the world. He could smell the alcohol. He was obviously drinking. The tests will prove that.

No, they are not your friends, but if this goes to court, I'd rather the cop not tell the judge I was a bold-faced liar.

Saying "two beers" in this situation makes the most sense because it is plausible based on his BAC.

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I am 6'2" and weigh 230 lbs. 3 beers would have the same effect on me that 0 beers would have on most people. That being said, I decided the best route would be to tell the cop that I did have a few beers. I was extremely cooperative, to the point that the cop actually thanked me for doing so. I told him that I understand the difficulty of dealing with some people in his profession, and that I would appreciate it if he included in his report how cooperative I was. Hopefully this could score me some sort of benefit if this thing has to go in front of a judge.

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You're right. If you give him a number that closely approximates your BAC, that isn't usually a bad thing. Saying "two" and blowing .26 has been done a million times and just doesn't carry water, similar to saying "no drinks" and blowing .12. You are a liar and the cop will remember that.

Being cooperative and somewhat honest does help. I know many people in law enforcement and lawyers (both defense and DA's), and all are in agreement on this point. Cops will remember the a-holes and the liars. My cop buddies say most of the cases all blend together anyway after a little while anyway, unless you give them a reason to remember you.

They have all gone to court and testified that a defendant was "cooperative", "honest", etc, and it wasn't as bad as it could have been.

If you are cooperative, there is a greater chance the long road will be a bit smoother.

[chucksim]

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i'm pretty sure an argument would've ensued if i was asked to take a breathalyzer, passed it, and then was asked to go give a blood sample anyway...

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And I'm 100% sure that you will have a one-way ticket to suspension-ville. Roadside breath tests are (usually) inadmissible and are just a guideline for the cop.

If you "pass" the breath test and he wants to take you for blood or a fixed DUI center with another breath machine (that can go to court), may as well take the ride. You'll likely pass that one too, and then you can thank your lucky stars you will be driving tomorrow.

[chadplusplus]

Sorry to hear you are potentially getting charged with a DUI/DWI.

I am actually an attorney located just south of you, but unfortunately in Maryland (deep creek lake area). However, a member of my firm is a PA lawyer whose principal office is located in Pittsburgh. He does a lot of DUIs up there. I do not have his info on me right now, but I will PM you his PA office number in the morning.

From what I understand (but remember, I am NOT a PA lawyer, so this is just information and NOT legal advice), PennDOT treats DUIs very seriously, with up to a 1 year suspension for a conviction. If you get formally charged, your goal will be to seem as remorseful as possible: attend an alcohol intake interview with an alcohol counselor, he/she will ask you a bunch of questions and come up with an idea of whether you actually have a drinking problem; regardless of what the counselor says, attend some AA (as mentioned in the thread) and get the little signed paper after each session; try to schedule some community service, which demonstrates your willingness to repay your "debt to society" and could potentially be credited towards any community service ordered by the judge; and finally, as said, get a lawyer. The goal at court will be to obtain a Probation Before Judgment, aka PBJ, or whatever its version is in PA. If you are successful in obtaining a PBJ, it does not count as a conviction at PennDOT so your ramifications with them are significantly lower.

Oh, and IMHO, .08 is way too low (thank you lobbyist groups!).

[chadplusplus]

Oh, a few more things, don't beat yourself up over it too badly. You screwed up your wife's car and will have a crap load of fines and lawyer fees, but no one got hurt and its only your first one.

I see lots of guys who are on their 3rd, 4th, 10th, DUI. Just google for "Carl Monday" (well, I reckon Carl Monday has already been discussed in OOT).

A poster earlier said something about being punished to the fullest extent of the law. Well, the "fullest extent of the law" in Maryland for Drive Under the Influence (.08 or above) is 1 year and/or $1,000 fine. .08 translates to what? about 3 beers in an hour period or 2 glasses of wine? So during dinner you have 2 glasses of wine and get pulled over for speeding (let's say 43 in a 35) on your 1 mile drive home from the restaurant and spend the next year of your life in jail? Fortunately, most judges are smarter than this.

[Rick Diesel]

It has been over 3 weeks since the incident (7/29) and I have not heard anything yet. I am thinking that this is most likely good news, as my father-in-law had received his papers within a week of his DUI, and I also think that they would try to get this stuff out as quickly as possible, as officers like to make cases and guilty verdicts for their records.

I tried to call the officer involved, but he has not returned any of my phone calls. I would really like to just find out one way or the other, but it doesn't look like that is possible.

[mattw]

im guessing this is good news. if you were guilty, one would think you would have heard by now.