Trip Report - DUI

Bicycles_Biatch · #1 03-07-2007, 06:19 PM

So last night I took off from work a little early with some friends to watch the 2nd half of the Laker game... great game, double OT... Lakers lost... oh well.

Had somewhere in the neighborhood of 4-5 drinks (I'm 5'10" 195 pounds). Pretty standard night... I drink socially about 2-3 times a week.

Left the bar at 10:57 (per our reciept) and realized I still had to finish up some paperwork.

Headed back to work till 12:30 and then headed home (10 minute drive max). Since I didn't feel messed up at all, and with the highway wide open... I got it up to about 85 mph on the 134 freeway.

As I'm pulling off the freeway at my exit... here comes CHP.

Lady officer takes my license and registration and says I was going about 90 mph and she is going to write me up for 80. NO PROB I'm thinking... $300, traffic school, and a little scar.

As she is having me sign the ticket and giving my license back. She asks if I've been drinking and says she can smell the beer.

I say yes, I had some beers in between a marathon work session and smoked a couple cigars.

GET OUT OF THE CAR...

I pass the first two field sobriety tests, which by the way, are SUPER HARD at 1am in the morning with a spotlight in your face even if you haven't had anything to drink.

She has me blow into the field tester 5 times and says "yep, got one"... 0.09%... the legal limit is 0.08% in CA.

Arrested on the spot, 10 hours in lock-up, three tickets (speeding, under the influence, and BAC)... looking at about $2,000 in fines and a suspended license.

Anyone have and suggestions? Anyone ever fight a DUI arrest and win?

*cliff-notes, 4 beers, two female lesbian CHP officers, DUI

By-Tor · #2 03-07-2007, 06:23 PM

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.

mouseman · #3 03-07-2007, 06:27 PM

Are portable test able to hold up on court in California? I know in Illinois they aren't. They have to take you to the station and administer the breath test there even if they administered the portable test.

Also, if you only drank 4 to 5 beers there should be no way that your BAC is that high. It should be close to zero if you drank 5 beers within a five hour period.
Although I heard things like smoking bring up the levels in a BAC test.

Bicycles_Biatch · #4 03-07-2007, 06:32 PM

[ QUOTE ]
Are portable test able to hold up on court in California? I know in Illinois they aren't. They have to take you to the station and administer the breath test there even if they administered the portable test.

Also, if you only drank 4 to 5 beers there should be no way that your BAC is that high. It should be close to zero if you drank 5 beers within a five hour period.
Although I heard things like smoking bring up the levels in a BAC test.

[/ QUOTE ]

5 Gin and Tonics... Not beer.

Anyone else hear the deal about the smoking elavating your BAC??? I did smoke two super potent cigars.

emon87 · #5 03-07-2007, 06:35 PM

[ QUOTE ]
[ QUOTE ]
Are portable test able to hold up on court in California? I know in Illinois they aren't. They have to take you to the station and administer the breath test there even if they administered the portable test.

Also, if you only drank 4 to 5 beers there should be no way that your BAC is that high. It should be close to zero if you drank 5 beers within a five hour period.
Although I heard things like smoking bring up the levels in a BAC test.

[/ QUOTE ]

Dude, stop trying to make excuses out of it. You broke the law, and got caught. If you hadn't been speeding, you wouldn't have gotten caught at all. Deal with it.

5 Gin and Tonics... Not beer.

Anyone else hear the deal about the smoking elavating your BAC??? I did smoke two super potent cigars.

[/ QUOTE ]

samjjones · #6 03-07-2007, 06:37 PM

BB - drinking and driving is stupid. You know this, and deserved to get caught.

If the trooper made you blow 5 times, and you passed the field tests, you can try challenging the calibration. I have a friend who did this and got the DUI charge dropped in favor of reckless driving.

mouseman · #7 03-07-2007, 06:38 PM

www.duiblog.com. Its somewhere in there. I really don't feel like going through all of them. I'm sure you'll find it helpful

Riverman · #8 03-07-2007, 06:39 PM

Get an attorney. You can beat this easily.

And don't do the sobriety tests, ever.

buriedbeds · #9 03-07-2007, 06:42 PM

I felt some sympathy until the "dikes" thing. Now I hope you rot.

Unrelated to this biatch's problem, .08 is retardedly low for the drunk driving standard. I am very against drunk driving. I am completely okay with not drunk driving. At .08, you are not drunk.

-bb (ducking the sure-to-be-coming knee-jerk flames).

Bicycles_Biatch · #10 03-07-2007, 06:52 PM

[ QUOTE ]
I felt some sympathy until the "dikes" thing. Now I hope you rot.

Unrelated to this biatch's problem, .08 is retardedly low for the drunk driving standard. I am very against drunk driving. I am completely okay with not drunk driving. At .08, you are not drunk.

-bb (ducking the sure-to-be-coming knee-jerk flames).

[/ QUOTE ]

Post adjusted based on your request [img]/images/graemlins/smile.gif[/img]

BTW... in CA the legal limit used to be .10%... then it was changed due to some heavy MADD petitioning. There was very little scientific evidence that the difference between 0.08 and 0.10 was the deal-breaker and/or the cause of more accidents / fatalities... but Pete Wilson needed some SIG's on his side and MADD was huge in CA for a long time.