DUI - A trip report

[HitHard69]

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.

[Evan]

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

[HitHard69]

[ 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.

[g-bebe]

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?

[Edge34]

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.

[HitHard69]

[ 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.

[HitHard69]

[ 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.

[Edge34]

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.

[Kneel B4 Zod]

[ 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

[mason55]

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