Trip Report - DUI - Page 13

JussiUt · #**121** 03-08-2007, 05:17 AM

Yeah, it's always a good idea to speed a lot over the speed limit while having a BAC of 0.09%, douchebag. Also, it is always clever to admit that you've been drinking to a cop and then voluntarily take a field sobriety test.

In general, is it really that hard not to be a selfish prick and if you insist on being one could you actually have, you know, some intelligence to avoid being busted?

But I'm sure you're a nice guy otherwise, OP.

jws43yale · #**122** 03-08-2007, 06:35 AM

Alright, I have scanned this thread and have a little advice as someone who experienced a similiar issue. Two summers ago at the age of 19 in Washington, DC I was taking it easy at a backyard barbeque when one of my roomates was about to attempt to drive to his girlfriends sloshed. I had been grilling for most of the afternoon and thus hadn't drank much except I had just finished a drink and taken a shot after coming inside from the grill. I offered to drive feeling fine, and my friend got us lost on the way to Alexandria. I got pulled over for an illegal u-turn at a light where there was a divider. Cop smelled my friend and not knowing better I took field tests and then blew 0.09% in the field. I was taken in and since my BAC was still climbing I blew a 0.15% in the station.

Lawyer, fines, and a plane ticket to my court date ended up costing me $5000. Good lawyer got my a plea to a years liscense suspension and an alcohol course. Judge would have asked for jailtime since I hit 0.15%. Worst thing about this situation was this was my first time driving in weeks as I did not have a car at school or in DC for the summer. I had driven drunk plenty of times in High School but had smartened up senior year and never did it any more. Here I am, not even a traffic ticket on my record almost getting jailtime for being slightly impaired. Yes I made a mistake, but I didn't need such agonizing consequences to convince me of that.

I saw an alcohol counselor who told my that DUI laws are ridiculous. There is a subset of people who will be repeat offenders no matter what the consequences. For the other majority of people, a fine and a short course, along with the embarassment of an arrest are enough to convince them not to do it again. Furthermore, these one time offenders would realize the consequences of a second offense. She said those likely to repeat need real treatment and thus harsher consequences do almost nothing to change the repeat offfense percentage.

Along with the alcohol counselor, I had to take a 40 hour mandatory course. Their advice was totally different than counselor. They told us they anyone that ever got a DUI was some "level" of an alcoholic. I tried to argue this point but eventually realized to just play along so I could get it done. Miserable thing. Pretty much got told that I had a problem with alcohol and had to learn how to control it so I didn't get another DUI. Pretty much thier basic classification of people was that anyone who has ever been drunk, drank to relax themselves, etc. was some form of alcoholic. The only non-alcoholic was one who never drank or only drank one drink or something seldomly in a social situation. According to them if you have ever thought, man I would like a beer, you are an alcoholic.

Last, some advice to those of you who may end up at one point in this position. Refuse everything, saying you must speak to your lawyer first. Yes your license will be initially taken, but as long as you say you need to speak to your lawyer, you will more than liekly be acquitted and get it back. If you take any tests, you are pretty much screwing yourself.

beenben · #**123** 03-08-2007, 07:01 AM

I put your info, as best I could tell from the original post, into a blood alcohol calculator. It says:

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If you are male and weigh 190 pounds and you have consumed 5 Screwdriver(s) evenly over a period of 4 hour(s) then..Your estimated blood/breath alcohol concentration is .037%

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so unless you were drinking dry martinis, or I'm off on how long you were drinking, you miscounted the number of drinks. standard.

Blood alcohol calculator

call a cab.

Toro · #**124** 03-08-2007, 08:21 AM

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Yeah, it's always a good idea to speed a lot over the speed limit while having a BAC of 0.09%, douchebag . Also, it is always clever to admit that you've been drinking to a cop and then voluntarily take a field sobriety test.

In general, is it really that hard not to be a selfish prick and if you insist on being one could you actually have, you know, some intelligence to avoid being busted?

But I'm sure you're a nice guy otherwise, OP.

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As I'm sure, you are too.

Victor · #**125** 03-08-2007, 08:24 AM

get a good lawyer and you should get off completely or drasticall reduced. the main thing is there is a margin of error on the breathalyzers so the state cant "prove" you were over the limit since you were so close. obv whether they except this argument or not is dependatn on a lot of things but it works often enough.

same (should have) happened for doug/gonores. i dont know the backstory or the situation but im surprised a good lawyer didnt get him almost completely off.

as far as good lawyers go, its much more important to get a lawyer that is well-known in the district you are being prosecuted and is friends with the das and judges etc than an actualy "good" lawyer.

JussiUt · #**126** 03-08-2007, 08:26 AM

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Yeah, it's always a good idea to speed a lot over the speed limit while having a BAC of 0.09%, douchebag . Also, it is always clever to admit that you've been drinking to a cop and then voluntarily take a field sobriety test.

In general, is it really that hard not to be a selfish prick and if you insist on being one could you actually have, you know, some intelligence to avoid being busted?

But I'm sure you're a nice guy otherwise, OP.

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As I'm sure, you are too.

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Hahah, yes. [img]/images/graemlins/grin.gif[/img]

TonyDanza · #**127** 03-08-2007, 11:04 AM

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Also, when they arrested me and put me in handcuffs... I never got read my miranda rights... does this matter? or only in felony cases?

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This only matters for any post-custodial statements made by you that they would try to use in court. It does not affect the validity of the arrest.

TonyDanza · #**128** 03-08-2007, 11:14 AM

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Yeah...I pretty much stopped drinking alcohol beyond drinking for flavor (wines w/ dinner, good booze, etc)...and always only with a DD. I don't really drink to the point of inebriation any more, which means way less writing because most of my writing came while inebriated. Hence, the smaller amounts of posts.

I spent a [censored] of money on the best attorney in town, and despite the fact that I was a first time offender with a low BAC, the long and the short of it was he was worth every penny. I have some classes I still need to take by October (6 more hours worth) and when it's all said and done, it probably cost me $5k up front and at least another 5k in rising premiums over the next 5 years. But when it's all said and done, I will just get a reckless driving ticket and no DUI on the record.

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Despite the amount of money you had to spend, this seems like a relatively favorable result. In 5 years, you will probably be much happier that you don't have a DUI on your record than having an additional 10K. Also, it sounds like you turned what was a frustrating and difficult personal situation into a positive for you as a person. That says a lot.

Bicycles_Biatch · #**129** 03-08-2007, 11:17 AM

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Seriously, GET A LAWYER!!!!!! GET A LAWYER!!!! the sooner, the better. You're looking at $2k in tickets. Get a lawyer on this NOW!

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Have already talked to a few... I have a friend at USC law who gave me two great referrals. I'm getting arrainged today.. will keep you updated.

By-Tor · #**130** 03-08-2007, 12:36 PM

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no sympathy here sorry.

to be honest, since you went to your office, you may very well be fired if they catch wind.

not only did you break a very important law, but you put your company on the line for massive liability.

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This has to be the biggest Douchebag response in this whole thread. What an idiot.

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yeah, the truth hurts huh?

Let's imagine for a second that dood was involved in an accident.

Who's the douchebag then?