So you want to avoid a DWI? Have I got some news for you...
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It begins.....
So you're driving. Everyone drives right? You've had a few drinks. You've done this too, don't say you haven't. You might be 5 minutes, 5 miles, 25 miles, or an hour from home. It can happen to you. You think you're fine. You've only had about 5 beers and a shot of tequila in a 5 hour period. No sweat. All the sudden you see flashing lights...
Step 1: Don't panic.
You have some gum? Grab it. Body Spray? Hurry hurry! Eyedrops? Eh, a little too late for those, he's already on his way. He's at your window. You look down at your watch. It's only 11:30. He probably won't even know you've been drinking..... Wrong. You're under the age of 97, and you're driving after the late hour of 8:30 PM. They'll assume you've been drinking. Get ready to begin! He's going to ask you to first produce your license and insurance paperwork. Then he's going to ask you to step out of the car. There are a few questions you need to ask yourself. We'll go over those in step 2.
Step 2: How drunk am I really.....
The next question you need to ask yourself is this... "How drunk am I really?". Don't kid yourself on this one. Are you plastered? Can you see straight? Are you slurrrrrrrrring? Could you walk a straight line if you had to? Would your mom know if you were drunk or not? Did you just pee your pants? If the answer to these questions lead you to believe that you aren't drunk, then you have a couple of different options. In the next section, I will explain to you what a field sobriety test is, what the police officer is looking for, and the pros and cons of performing a field sobriety test as opposed to refusing to take one.
Step 3: To agree or not to agree...
Ok, so the officer is at your window. He's probably already ran your license and seen your insurance. Now here comes the money question: "Sir/Ma'am, will you please step out of the car, I smell alcohol/you were swurving/your tail light is out/I saw your inspection was out when you were going 60 on the highway/your right tire is a little balder than your left/I saw an illegal glare in your mirror as you were travelling 5 miles below the speed limit/I'm just a huge prick and I stopped you for no reason at all but I'm going to scare the shit out of you and ruin your whole world by putting you on the spot asking to step out of the car and take a field sobriety test.
First, I'll go over exactly what a field sobriety test is.
Motorists suspected of DUI / DWI are routinely asked by police officers to perform one or more field sobriety exercises. These voluntary "tests" (yes, voluntary) were developed by police agencies to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence of alcohol or drugs. Through the performance of these tests or evaluations, the officer subjectively determines how the motorist reacts to and performs the requested tasks.
These tests include:
· One Leg Stand-The subject must stand with heels together with arms at his sides, raise one leg about 6 inches off the ground, and hold that position for 30 seconds without swaying, using his arms for balance, or putting the foot down.
· Walk-and-Turn-The subject must walk nine steps heel-to-toe in a straight line, turn by pivoting on his left foot, and walk nine heel-to-toe steps back without swaying, stopping, stumbling, using his arms for balance, taking too few or too many steps, or walking in other than a straight line.
· Finger Count-The subject must touch and count each finger in succession counting "1-2-3-4-5, 5-4-3-2-1" out loud.
· Horizontal Gaze Nystagmus (HGN)-The subject must follow the movement of a small light or object without moving his head. The officer looks for jerking of the eyes or "nystagmus" when the moving object is at an angle of 45 degrees or less. Besides determining the angle at which nystagmus begins, the officer also must observe and evaluate any breakdown in smooth eye pursuit of the target and the distinctiveness of the nystagmus at the point at which the eye has moved as far to the side as it will go.
· The Rhomberg Balancing Test - The subject is instructed to stand upright, with their hands at their side. The subject is told to tilt their head back and keep their eyes closed. The officer instructs the subject to silently count to 30 and inform the officer when 30 seconds elapses.
Ok, so now you know what the officer will probably have you do. Do you *really think you can pass these tests without the officer suspecting that you've had a few alcoholic beverages (as tasty as they may be)? If your answer isn't "Hell yeah, I could pass without a sway, a wobble, a wiggle, or a 'whoops'", then go for it.
Keep in mind, if you refuse this test, you WILL GO TO JAIL without further questioning. That might be advantageous depending on your situation, however, we'll go through that later in more detail. Now, for the most part, when a police officer takes you out of your car to actually do the field sobriety test, his intentions are to get you on camera doing something that will they will be able to use later in a court of law to prosecute you for a DWI. It is a very rare occasion where an officer will do a field sobriety test and deem you "drive worthy". This is just a way for you to incriminate yourself on camera, which will, in course, be evidence against you in a court of law. Trust me, it's all a song and dance, so unless you truly think you can pass these tests *on camera* and use it as good evidence FOR your case, don't do it. Basically, if you pass these tests with flying colors, chances of you going to jail minimize, and you might possibly be let go. That's the chance you take when you agree to this test . If you're wasted, do not agree to take the SFST as it will only hurt you later on when you're trying to get your case dismissed.
Step 4: To Blow or not to Blow...
This section of the tutorial will be a marginally short one. Unless you are Sotally Tober, do NOT under any circumstances blow. Law Enforcement uses the Intoxilyzer 5000 Breathalyzer to measure your Blood Alcohol Content, or BAC. You can find more information about this device at the link below.
A BAC of .08 or higher puts you over the legal limit. So if you blow, and you blow over, then in court, that makes you look very bad, and your chances of a dismissal or reduction are dramatically decreased. Keep in mind that this device has a variance that is accepted nationwide of .02. So if you blow a .08, a good lawyer can immediately argue it down to a .06. That's a little besides the point however, if you've had anything to drink, the recommended answer to the age old question "sir, will you willingly submit to a breathalyzer".... If you're smart, your answer should be "No, go ahead and take me to jail".
Step 5: The Breakdown...
Ok, in this section, I'm going to basically break everything down and summarize it for you, and I'm going to do this by scanario. You have a few variations. Did SFST/didn't blow,SFST/did blow, and no SFST/did not blow.
1. SFST/didn't blow: In this scenario, as long as you passed the SFST on camera without so much as a wobble, then the prosecution will probably not have a very strong case against you, and you'll either get to plea the case down to a lesser offense, or even a possible dismissal. Remember, you have to have a lawyer, which is gonna cost you, then if the prosecution doesn't offer something that will not stay on your record for the rest of your life and make it so you won't be able to get certain jobs, get hassled everytime you get pulled over, huge fines and fees, and also charge your first unborn child, then you might want to opt for a trial by jury. Again, this is timely, and costly for you. Our court system is totally and completely based on money. If you have it, you might be able to get off with a wrist slap, if not, then the wrist slap will be the sound of hand cuffs tightening around them. It's a crappy way, but it's the American way.
2. SFST/did blow: Ok, here is where you basically (pardon my french), "dicked" yourself. You're pretty much F'ed here. They have proof on video, and in your breath test. The only thing that will play in your favor here, is, if you blew under of course. I've seen it where people pass the SFST, AND pass the breath test, and they still take the person to jail. If a cop is determined to take you to jail, you're going to go. Again, it's all about the money. Them more people they take to jail, the more people have to be bailed out, the more that have to go to court, pay court costs (even if you're found innocent) and get scared into taking "deals" with the prosecution on things that they shouldn't have to be paying for in the first place, but I digress.... I'll go into the basic rigamarore (<--- the love of making up words) after I go through these scanarios of a typical DWI stop and what you'll go through all the way up until your last probationary appointment.
3. No SFST/didn't blow: This is your best scenario possible. There is no record of you being intoxicated other than the walk from your car to the back of the squad car. Other than that, the prosecution won't have a leg to stand on, as long as you kept your mouth shut and weren't a complete prick to the officer. Of course, the prosecution will threaten and make you sweat all the way up to your final court date, but for the most part, you will probably get this one reduced to a traffic violation or dismissed. Again, there are different circumstances on every case - How bad were you while driving on the video, were you a complete douchebag to the officer and slurring your words, were there 4 officers at the scene who all can attest to how drunk you were, yadda yadda yadda.... But typically, if you mind your p's and q's, and didn't hit anything while driving, and weren't a blobbering fool on camera, then you have a good chance of fighting this one.
Step 6: Your night of Terror
Ok, so now I'm going to lay out for you just whats going to happen on this night of TERROR. It sucks. You're going to jail. What can you do? So many thoughts are going through your head. "My life is over", "my parents are going to kill me", "I don't have any money, what do I do?", "I don't have anyone to call", "Mannnnn, I reallllllly have to peeee". Well, get ready for a costly endeavor. For those of you who don't know how our justice system works, for those of us with a couple extra bucks, we can attempt to get out of jail, pay a lawyer a hefty fee, pay some fines, pay some more fines, do community service, pay more fines, go to classes, and finally, be done with the whole damn thing. For those of us who don't, we get to sit in jail until our court date. Sounds great huh!?
Depending on what city you're in and how their jail system works, you'll most likely have to bail out using a bail bondsman. For your first DWI, your bond will probably be somewhere around 3000 dollars. That means you'll be paying a bail bondsman 10-15% of that. Yep, 300-400 bucks to get you out. Now, keep in mind, you'll have to get someone to come and cosign for you. They don't come get you, and THEN you pay. Oh ho ho ho ho no. You have to call someone from inside the jail. You remember that old saying "I want my phone call! I want my 1 phone call!". It's not like that anymore. You get to use a pay phone, that only does collect calling. Yep, that's right. You have to not only remember the phone number of the person you're calling, but also their number has to accept collect calls. So no cell phones. I said it. No cell phones. Has to be a house phone that accepts collect calling. They make it SO easy for you to get out of jail don't they? Oh, I forgot to mention, that again, depending on what city your in (most major cities have a 24/7 judge while smaller cities have a 9-5er) you'll have to see the judge before anyone can do anything for you. There is always the option of a PR bond, but you have to hire a lawyer for that, and calling a lawyer from inside the jail can sometimes be a little easier said than done, especially if you've never hired one before. So we'll skip that for the sake of the article.
So you're in jail. They stick you in a room with 20 other smelly, drunk, nasty looking people, and then they give you a nice.... holey.... smelly.... not worth a fart blanket to sleep on. Everything is either concrete or metal, and eveything smells like urine. The jailers are complete asses. If you need anything at all..... You aren't going to get it. Any questions? Don't worry, they won't get answered. You're tired, scared, lonely (except for all your drunk smelly buddies in the cell with you... Why is that guy frothing at the mouth... Is that other guy taking a sh..... Awww... he is..... on the floor..) They'll take your fingerprints, pictures of you, then put you back in your cell. Again, depending on where you're at will depend on when you see the judge, but normally it'll be sometime the next morning. You'll see the judge, they'll set a bound, and then about 4 hours later, you'll finally be a free person! Yay! Not so yay. You've only just begun. I'll try to summarize this as fast as possible so as not to bore you.
Call 20 lawyers. 10 will over charge, want thousands of dollars down, and talk about money the moment you get on the phone with them. 3 will scare the living crap out of you making you think you'll never be able to blow a snot rocket on the side walk again... unless you hire them. 4 will tell you that there is no way to beat it, but give them $2000.00 dollars and they'll make sure to get you a good deal. Right. 2 will preach to you about the dangers of drunk driving and how you need counseling.... and they also will want $2000.00 down. You'll finally find one who not only seems to care about your case, will give you a good price, a fair payment plan, and make you feel at ease. Again, you're not a criminal, but after the ordeal you just went through, you feel like one.
Next you'll have about 4 court dates. The initial one when you get out of jail. Normally within about 2-4 weeks of your release. If you hire a lawyer you won't have to go to that one, but make sure to hire a lawyer within 15 days of your release, otherwise, your drivers license will be suspended for a period of 90 days if you blew, and 180 days if you didn't. Some states may vary, but this is about the average. Your lawyer will then do an ALR hearing so that you don't lose your license. Then he'll go back to court, try to cut the best deal possible, or get it dismissed. Then, if you decide you want to take it to trial, it'll cost you more. If you're found guilty, or if you plea the case and are convicted of a DWI, then your insurance will go up, you'll pay a fine of about $750-1000.00, be on probation, and do community service, and have to attend a bunch of alcohol related classes. Sometimes, your lawyer can cut other deals, but this is standard practice. A friend of mine received 25 days in jail, which he was able to do on the weekends, no fines, and probation. It all depends on the lawyer and what kind of deal they work out. Oh, and don't forget that other fee of $365.00 just for court costs which is due on the day you are found guilty, not guilty, or plea out.
Oh he's gooooood
Step 7: Things to think about
So here are a few things to think about. One, make sure to get a good lawyer. Call around. Ask questions. Many lawyers don't even ask you during your consultation how long it was from the moment you were arrested to the moment you took your breathalyzer test. This is pertinent, because remember, the breathalyzer 5000 has a .02 variance, and every hour your body processes .05 of alcohol. This is .05 grams of alcohol per blood volume. So, if you blew a .14, take .02 off that right off the bat. Then, if it was an hour later after you were arrested that you blew, then take off another .05. This puts you at .07, and below the legal limit. This is of course, just an argument, but if you go all the way to trial, then you'll be explaining this to a jury 'of your peers'. Sometimes, that's the way to go, as, the prosecutor is a pretty jaded individual normally, and will usually go head hunting every chance he gets.
Step 8: Don't panic....
Just what it says. Don't panic, don't worry. This isn't the end of the world, and you're not the only one who has gotten one of these things before. Shoot, in Texas alone, they convict over 30,000 DWI cases a year. You're not a criminal, you didn't murder anyone. If you're a driver for a company, well, then you might want to think about switching careers :) Other than that, just be calm and cool, everything will work out in the end.
If you have any questions, feel free to ask and I'll share what I can!
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The only real advice I can give is, get with your public defender, look over your tapes, and see if there is any inciminating evidence...
If the tapes don't show anything, then the DUI may have to get dropped, since you didn't take any of the tests. You'll really have to talk it out with your Attorney though. If they don't have any evidence, DO NOT take a deal. They're hoping you get scared and take the first offer they give. Don't do that. Really talk it over with your attorney and come up with the best avenue.
hey my mom just got a dwi and its her first offense. it was my fault cuz i snuck out and got taken into the police station. i told the police officer to drop me off at home cuz she had been drinking but he refused. my mom had been drinkin last at like 1130 and it was 4 am. so she had been sleeping for 4 hours... she was obligated to pick me up since my dad, brother, and sister were out of town. the police officer had said he had been following her for 15 minutes when she was really only driving for 5. he also lied about some tests. my family is pretty well off for money and i assume my mom got a good lawyer. what do u think her punishment will be. oh and its in missouri
I was stopped for driving wreckless, I was spinning cookies actually. The officer asked If i had been drinking. I said I had had four of five but gave no time period. I refused the fst's and was arrested for DUI. I refused the breath test also. The police didn't give me a blood test either. I talked to an Attourney and he said I have a really good chance of getting it dismissed. Is he right and should I be worried?
Boombop,
Sorry it has taken me so long to get back to you.
Your mom is a perfect example of how our justice system works. Give a guy a little bit of power, and they abuse it, regardless of the situation. I receieved my DWI, after getting pulled over once before, with 4 police officers present, who gave me a field sobriety test. I passed. They even drove me to my car to get back in and drive home. I was actually on the way to the jailhouse to bail a friend of mine out of jail - I turned around on a one way street and got pulled over again - This time the officer took me to jail. He was hell bent on doing it, so no matter what the case may be, I was going whether I liked it or not.
Did your mom blow? Did she do the SFST? Give me some more info, and I might be able to give you a better assessment. Remember, I'm not a law enforcement official, or a lawyer, I just know how things work, so if you want real sound advice, then you might want to ask a lawyer - I can offer empathy, and a little bit of experience in the matter. Look at O.J. - You never know what's gonna happen!
Levi,
Well, depending on the tape and how you sound and look on it, in my opinion, it sounds like you do have a good chance of beating this case. The prosecution is probably gonna try to scare ya, and wait until the last possible moment to plea bargain with you, but all in all, if you look great on the tape, they literally have zero evidence that you were drunk at all. I used this excuse one time, and I hadn't even been drinking - However, the officer told me he smelled alcohol (which was a complete and utter lie - They use that excuse to get you our the car to look for more incriminating stuff - Just like the "I smell weed coming from your car" excuse) and when I stepped out of the car, he asked me to start doing some tests. I told him that I didn't have to do these test when I received my driver's license, so why should I do them now? If it were a requirement, then they would have made me do them when I was 16 in Driver's Ed. I told him I hadn't been drinking, and there was no reason for him to think that I was. I said "You can take me to jail, I'll get a good night's sleep and have a great breakfast of a bologna sandwich and warm milk in the morning, but you're wasting your time, because I haven't had anything to drink". He ended up letting me go - However, I don't really advise this course of action all the time. Only if you have been drinking, and don't wanna take any tests might this work out in your favor, otherwise, you're probably gonna go to jail.
It sounds to me like you have a good chance to get this at least reduced, it just depends on how much money you want to spend, or how much time you wanna invest. Sometime, people just give in because it's gonna cost them more to fight it, than to just say "ehhh, fu*k it. I'll take your crappy deal".
If you're adament, and there isn't much evidence against you, I wouldn't take any deals. They'll scare you into thinking that's the best you're gonna get, but if there isn't any evidence, then the best you're gonna get is nothing on your record, no fines, and no fees. So do with that what you will.
Good luck to you! I hope you beat it!
Hi , i recently got pulled over and i used my sisters name and got a DUI. the next morning i got a lawyer and told him what i did and he got ahold of the DA and told him what i did. bla bla so i basically turned myself in. the DA is offering to drop the ticket down to a misdemeanor because i came forward...however i used her name a few months before when i got pulled over and got tickets for no insurance., so i simply went in and showed the proof of insurance and was never questioned... during the process of getting pulled over and taken to jail the cop found some of those old tickets in my car... so now they are threatening to charge me with felonies of criminal impersonation... my question is can they charge me on these previous cases if i havent admitted to it just because they have a hunch...? or are they just trying to scare me into taking a deal?
Hmmm,
Jaime, I wish I could help you on this one - I mean, do you not like your sister? If not caught, you could have really caused some damage to her life. Imagine she gets pulled over one day, has no idea she has warrants out for her arrest, goes to jail, has to get bailed out, fight criminal charges she never committed, could possibly lose her job, and could cause harm to her trying to get a job in the future - The list goes on and on -
However, I digress, I'm not here to scold. Here's a quick rundown of how our justice system works -
You get charged - It doesn't matter if you did it or not. The police can charge you with whatever they want - You could be jaywalking, they approach you, you give them a tiny bit of grief, and now you all the sudden have assault on a police officer, obstructing justice, and a slew of other charges. You go to jail. You have to pay a CRAP load of money to get out, hire a lawyer for another rent payment a month, and then you find out that the charges get dropped because the D.A. decides they don't have a case. However, you were charged, and had to endure all the shit that goes with it - Even if you are completely innocent. Oh, and lets not talk about if you can't afford the huge amount of bail it costs to get yourself out when felonies are involved - You're looking at $5000-10000 just to get out of jail, and you never see that money again! If you can't afford it, well, you guessed it - You get to sit there for weeks or even months before your court date, losing your job, house/apt, vehicle, and whatever other belongings you have, even if you are found innocent at the end - Yeah, great system isn't it?
The answer to your question is "yes" they can charge you with whatever they want. You have to prove you are innocent in a court of law, or the D.A. has to decide before you go to court whether or not to pursue charges, but by this point, you are already out $1000's of dollars and a whole lot of time, worry, and grief.
It sucks, but that's just how it is. It's better than living in Singapore, lemme tell ya, but, not by much. I have no faith in our justice system, not one ounce. The police are never there when you need them, and are always there when you don't want them to be. Give a guy a little bit of power, and they'll run with it, without any regard to what they are doing to someone's future, and they do it on a daily basis. I've got a couple stories on that, but, that's for another time and place :)
In this case, get yourself a lawyer, and if you don't have money, or can't afford one, they'll give you one - Who will try and plea out some kind of deal right of the bat. I really couldn't tell you how this one will pan out. If they can't prove that you were the one who got those tickets, and just have a hunch, then the odds are that the D.A. is gonna notice this, and try to either plea out, or dismiss the case.
Good luck to you, I guess - You should probably apologize to your sister though :) Who else is gonna bail you out when you get thrown in the slammer next time you look at a cop wrong!
I got pulled over and was arrested for dwi, i took the breathe test and blew a .25, i myself was very suprised as i had only 3 glasses of wine.
This is my first dui and the prosecutors wanted to plea bargain with me for 1 year probation, yaya and also have a deep lung device fitted into my car. i refused this deal, because i said to them that if i blew a .25, i will be comatose and wont be able to stand on my feet, my lawyer said to take it, but i said no because i dont want the device in my car, also i told my lawyer to take a look at my tape and he will see that i was standing normal and walked by myself and was not impaired.
I also told him that i am on a low carb diet and he said that wont help the case much. So we are taking the case to court, i am so confused i dont know what to do, can anyone help me?
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I just got a DWI in DC. I live in VA. and had my finals at school. I decided to go out and relax but things didn't go well for me at the end. I went witht one of my friends to a club where I had 4 long island ice teas. I left the club whit him and headed back home. After about driving for 3 minutes I get pulled over by a police officer for passing a red light. He asked me if I had anything to drink and I said yes. I was arrested and took the 2 tests they give. I got BAC .14 and now I am desperate. Today is 12-18-08 and I need to be in court on 01-15-09, I don't know what to do... I am very afraid and fell like my life just ended on Saturday. I need advice on what to do... How can I avoid having it appear on my background check… I am under so much stress I can’t even describe in words.
I got real lucky. I got pulled over leaving a bar by my house driving a friend home. He said i crossed the line on the road more than twice. He asked me to step out of the vehicle to do some tests and i did and failed them. At that time he put me under arrest and sat me in his car. His back up arrived with a breath test and gave it to my friends to see who could drive home and they both failed. i thought he would then come over to me and ask me to submit to the test but never did. So we get to the station they take my prints and pictures and then leave me on a bench for twelve hours and i realized they never offered me a blood or breath test. When i was released i was given two tickets and a piece of paper saying i had refused to submit to a breath test. ??? At first i was pissed in MO if you refuse its an automatic one year suspension of your licence so not good. But after talking to my lawyer and realizing that the refusal they gave me was never signed by me and the fact that the video of me being "asked" to submit to a blood test was somehow erased my whole case is being dropped and i will have nothing on my record. So my BIG THANKS go out to the stopid ass cops who arrested me and didnt do their job right i guess i was wrong you guys are good for something. So you do have some good advice on here however the best advce is just get a ride from someone if you have had more than one drink and believe me a taxi is a hell of a lot cheaper than getting a lawyer and paying huge court fine that im lucky enough not to have to pay.
my bf got pulled over for a dui...had a couple of beers....i was the drunk one though..he actually came to pick me up...he did the sobriety test and the blow test.....he did the sobriety test well i think...they actually even told him that they could tell i was really drunk cuz they could smell it off me terribly but not so much from him...i'm thinking not at all from him, but then he did admit to having a few....when he did the blow test..that's when they decided he can't go home and was set to jail...the thing is...they never told him if he passed the sobriety test or the blow test....or what he was gonna be charged of.....he is going to court in a couple of weeks....do u think we should hire a lawyer or is this a lost case?...
please help!!!
Okay, gotta comment. Please disregard the portion telling you NOT TO BLOW.. In the state of ALABAMA and most other states, REFUSING TO BLOW IS AN AUTOMATIC GUILTY SENTENCE.
No, I am not a lawyer, I just spend time in court with my clients and every one of them that thought they could "beat" the system by not blowing was found "automatically guilty" under a statute in the law.
ANOTHER POINT TO THIS BAD ADVICE:
A 25 HOUR HOLD IS PLACED ON EVERY PERSON WHO REFUSES TO BLOW... This means, in ALABAMA, you GO TO JAIL for 25 HOURS before you get the chance to be bonded out... At which point, you then have to take a BREATHALIZER test in order to be released.... So go ahead. refuse to blow, have a seat in jail. (sarcasm noted)
MY POINT.. Don't drink and drive... It might be ME you kill or one of MY KIDS, or YOURS... You will just flop around in your car because you are too drunk to react like us sober people will.
Don't get me wrong. I am not a member of MADD, and I am not here to judge everyone, by all means... GET A LAWYER if you screw up and get a DUI, but PLEASE...Just do us all a favor and stop drinking and driving!! Life is precious!!
SHEESH!!
I actually was arrested this morning at a check point at 2am. They asked me if I had anything to drink, and I was honest and said "Yes. My last drink was at 11pm" The did not clarify that the FST was voluntary. I have horrible balance naturally, so I failed. I refused to the breathalizer, arrested, the got a judge to sign a warrent demanding a breathalizer, and around 3am, I blew a .007....and I was still arrested for DWI!! WTF!? The officer was a complete dick and didnt answer any of my questions I asked. He clarified NOTHING for me. My court date is this Saturday!! I want to fight this, but I can't afford a lawyer. What should I do?
I was pulled over the other day for speeding doing 69 in a 55,I was going to a friends fuenerel the cop asked me if I had been drinking and I told him I had the night before and that it had been 13.5 hours since I had drank,he took me in I blew a .09 so I was charged for dwi.I asked for a blood test this came back .084 how can this be when I quit drinking 13.5 hours before.
I live in ms I was coming home from work I felt tired so i pulled into the end of a driveway to rest my eyes and fell asleep. I awoke to the police tapping on my window. They asked me if was drunk i sad no. I passed the breathalizer and I passed a drug urine given by the dept of corrections after i was locked up. The police also did an hgn and state i failed it. my probation officer dropped the probation warrent after getting all the test Do you think i will be found guilty?
a
a
Thank you for providing this information and educating us about drinking and driving. It just isn't worth it giving the potential disasterous consequences.
Thanks man, I got a questoin.I had 3 beers and a shot of washington apple over a period of 4 hours for my sisters 21st birthday. I was downtown (which has a bunch of one ways Im not familiar with) and I took a left out of the parkinglot and then an immediatly left again to follow my parents home. Well the first left out of the parking lot was a one way..and I was on if for like 2.5 seconds..literally. I got pulled over by a rookie cop (later confirmed) and he gave me a field sobriety test after I was honest about drinking 3 beers and a shot.
I passed the tests and he brought another "specialist" he said ove to administer the tests again..I passed the standing on one foot one completely (I'm a brazilian jiu-jitsu instructor and my balance is uncanny) I counted to 30 with my eyes close and it took me 31 seconds so I passed that, He did the eye test..Which I told him I had a stigmatism and he got my glasses for me and I didn't move my head to follow light...but I have no idea if my eyes vibrated. and the 9 steps on I did correctly without a wobble..but on my way back My hands lifted a quarter of the way when I stepped on a crack and a incline. (yeah..he had me walk on an incline curb with cracks in it) After all of that he took me to jail because I raised my hands that one sec and said he told me to keep my hands at my side.
The "specialist" turns out I trained some of his cop buddies and said he would of let me go but it was the other cop and they already ran my name. So when we got there...it was 2 hours before I got there and that based on the fact I only had 3 beers and a shot over a 4 hour period I knew I would pass and asked for a breathalizer...well they never gave me one but they did give me a paper talking about the breathalizer..there is a spot I would of had to sign if i refused it...which isn't signed or checked...a spot that could be checked if I refused to sign or take it, which wasn't check or a spot to request that I be video'd if I was a child..which wasn't checked.
So basically they just forgot to give me one. My father has to watch DWI field tests for his work and said he couldn't believe how well I passed them and it was the best he had ever seen. I got bailed out and don't have a lot of money for a lawyer....do you have any advice?
Here's few tricks I have used sucessfully. I always carry a bag of peanuts in my car, a mouthful of peanuts after drinking will drasticaly cover you breath. The answer to have you had anything to drink is, As clearly as you can possibly speak. "Absolutly not I do not drink and drive" Don,t admit guilt. If you are asked to take field test Respond by refusing and say my friend who is a lawyer advised me never to do this because the test is designed to for me to fail. Of course refuse the breath test. Always stand straight and do or say anything else remember you are on camera. Iv'e avoided arrest 3 times and beat the one arrest in court. And remember if you had to much you should know it and dont drive if you dont know then dont drive
I'm in nj and got a ticket for DUI and careless driving. I did a FST which I thought I passed but the officer said my eyes were very glassy. I was taken to the station where I took a breathalyzer and gave a urine sample. The breathalyzer came up zero, I don't drink, but I don't know about the urine sample yet. The reason I got stopped was that I tapped a van in front of me, no damage to the van and no one hurt and I didn't pull over after the tap. I told the officer that I had taken Ultram about 2.5 hours ago. While I was sitting in his car I overheard him talking on his radio that I was talking fine, there was no smell of alcohol and I appeared fine and attentive.
I have hired an attorney and I'm very nervous whats going to happen to me. I have a CDL Class A and I'm a single parent. Whats going to happen to me. My attorney says that they need to see the discovery to see how they are going to defend me. What is the least/most that could happen to me. This has never happened to me before.
First of all - I love your site. Very informative - better than any attorney I've talked to. I got a DWI back in April. I did the FST, but didn't blow. I had a beer much earlier in the day (6 hours before). I know this sounds like a sign of guilt but I'm a strict Constitutionalist and hold in high regard the 4th, 5th and 6th Amendment - all of which the police consistently abuse. First of all they pulled me over for a burned out tag light - and as my attorney pointed out there is no statute in this state (AR) for such a requirement as long as the tag is visible from 50 feet away. It was because in the police report, they even ran my tags BEFORE they pulled me over. So we tried to fight on the basis of no probable cause (there was none). The truth is I was out late and was sick after taking my chemotherapy. That didn't bode well for me, because they thought I was drunk. I was not and you could see the officer seeth with anger when I explained that I have Cancer and had just done my chemo 1 hour before. I did the FST but also explained that I have a broken leg - so standing on a broken leg for 30 seconds was out of the question. Bottom line is this is a money game. Don't tell the police anything. Give them your licence, insurance, registration. DO NOT tell them if you've been drinking or if you taken anything that day, even a Benadryl - because they can still arrest you for that. All responses should be "Am I free to go?" or "I can't answer that without my attorney present." This WILL get you free ride to jail, but in my book, even though it sounds gloriously deluded, I would rather take one for the team (meaning the Constitution) than give police more power to abuse it.
I was pulled over in Dec 2006 and have a court date for Jan10. I did not blow or walk and told the police officer I have health issues including a bad back. He called me a liar and a faker and took me to the hospital before jail. He then shoved me from behind walking down the handicap ramp and then denied it several times before finally admitting it. I also have extensive medical records as well as going to the hospital once I was released from jail. To validate this. I was also very cooperative . What do you think? Thank you.
in utah if you refuse a chemical test you automatically lose your license for 18 months. soooooo good luck saying no to a cop.
Hey is there help for me... I got a dui-minor in texas,I damaged goverment stuff like polls n more. I am jst 20 and I dnt remember the police takin any test cus I think I was soo drunk he jst took me in jail... I dnt have a lawyer because the court clerk told me I jst have to talk for maself and explain it was all a mistake. Wat do u think? And am really scared?
i was sober for 8 years than went to a party not going to drink but i got a dui and driving on revoked license.i had lost my license for 10 years had 1 year left. now my lawyer said they are charging me with repeat offender.3 years in jail and no license for 10 more years. i need my license to drive to work. in raising my 2 children by myself and live in a rural area70 miles from work. cant afford to move and pay rent i go to jail in 5 days.what can i do.im going to lose my son to his mother who hasnt seen him in 6 years, this is just about to kill me i feel like i let my son and daughter down i feel like its the end of the world, please help me shed some light.
HEY i have court on july 29th 2010 which is like in eleven days for a DWI though the problem is that they didnt stop me... i crashed then they gave me 3 sobriety tests and then at the end of them he kept asking if had anything to drink after he had ask like 3 times i said i had had half a beer and he said turn around and went to jail but i didnt blow.. what are my chances ill win please get to me ASAP plz
I wasn't pulled over but the cop. A wrecker called him in and the cop pulled up and I was changing my tire.
I blew and he took me in. Even though I blew over the limit, can I argue PI instead of DWI since he didn't actually stop me? What are the chances of a getting a PI instead of DWI?
I wasn't pulled over by the cop. A wrecker called him in and the cop pulled up as I was changing my tire.
I blew and he took me in. Even though I blew over the limit, can I argue PI instead of DWI since he didn't actually stop me? What are the chances of a getting a PI instead of DWI?
Hey my name is tim and I made a pretty bad decission a couple nights ago. I left the bar at around 1 a.m. I was really hammered and tired. I made it about a half a mile from my camper when I fail a sleep and lost control of my car and flipped. No one was hurt, but I was arrested. I took the field sobriety test and faild. When asked if I would blow I said no. I'm working here out of state from alabama. Could I get probation and classes in my home state if I have to go back home to work. I'm only here for a short time.
I was pulled over this weekend coming home at 3:30 a.m. I had stopped drinking at 12:45 a.m. and drank 2 shots of Vodka and 2 Red-Bull Vodkas. I was on my way home driving along at 80 mph and was pulled over. The cops that pulled me over seemed to be hazing me. They made me do the FST, I passed and then had to blow on the breathalyzer. He had me do it 3 times and kept fondling with it and wouldn't show me the score. He arrested me and off to jail I went. I asked him multpiple times for my BAC and he wouldn't tell me, just said I was over. I did blood work around 4:20 a.m. I was out at 10:20 a.m. the next day. My friend who was with me was asked to drive my car home but he failed the test at a .09 (he drank more then I did) The cop even gave him a second chance to see if he would blow bellow. Anyways, what are the chances my BAC would be below the limit? The breathalyzer used was a hand piece with a tip that you blow into. Is there are variance? I'm thinking if my friend blew a .09 I must be around there worst case. I'm 180 lbs and he is 150 lbs also.
Any answers would be awesome!
Thanks,
Tony
Wrong..
never submit too a field test. The only test you have too should and will take is at the police station.
Tell the officer you will take whatever test at the station.
- You will do a BAC at the police station.
- You will not do a field test
- You will take whatever test at the station.
1. Never admit to drinking, you say you are tired, you are sleepy, you feel lousy. If you get back into a conversation, use I DON"T KNOW. "I'm so tired, I don't know."
Cops aren’t dicks, if they can’t pin you down, or get whatever they need for a DUI.
They will give you a ride home let you call a budy and be super fucking cool with you.
2. Never admit to what time it is. Say “you don't know, you are tired, you sleepy, you have no idea what time it is, but you are very tired. “ If you get stuck in conversation use “I don’t know what to tell you”
2a. Sleeping in your car because your drunk? You have no idea what time it is or how long you been there, but you are very tired. Don’t submit to a roadside. Tell them, yes “you will take the test at the station”
If your drunk, you going to the police station, if your slightly drunk you’re going to the police station, if you had a couple beers, you’re going to the police station.
You have 1 and only option. Going to the station, take the breath test there.
Either you are going home or you are getting a DUI.
**ready for this
you passed the field test and blow higher, you get a DUI
you fail the field test and blow ‘legal’, you’re going to get a DWAI.
The only trouble you get into if you refuse the test at the station. Take it there. You have too. You need too. All punishment is based on your BAC. If you don't have one, the courts assume the worse.
The only BAC that counts is, at the police station.
Blowing,
No deep breaths. All that juicy alcohol air is deep down in your diaphragm. The deeper you breathe the higher BAC you’re going to get.
Blood test
I don’t know..
IF you get a
BTW. You will be pleading guilty. Forget about getting off, or some weird technicality that gets you off . Forget about knowing a guy, or heard about a guy who got off.
You will plead guilty.
Don't bother with a lawyer. A 1st offense is standard SOP. A lawyer at this point is like having one for a speeding ticket. Lawyers are con artist at this point. You will not get off. NO ONE GETS OFF. You heard about someone guy getting off. That will not be you.
Yes, you will have to say YES to a conviction on job applications. Sucks.
Sign up for classes while you still have your Drives license for 30 days. Pick some place you can get too after you cannot drive. Actually these places are awesome. Drunkies, some real fucked up types, and tons of bitches go to these places. It’s great. I honestly looked forward to mine.
Whatever you do, you are not going to drive if you don’t have a valid license. Never! Not even down the street get food. Don’t think about getting into your car.
There is a reason you got pulled over. Some people go there whole lives with our getting pulled over that’s not you.
Get caught driving without a valid license, and you will go to jail, YES jail. Your car will be impounded, and it’s a suck fest over all. It’s the stupidest thing you can do. At least when you got your DUI you were drinking. Driving your car with out a valid license and sober.. your going to get pulled over.
Think of the BUS or your brand new bike as an adventure in traveling. With google maps and mp3 player its simple to get around and easy.
outside truck at boat ramp with truck running the police did see
me driving someone call 911 and said i was drink and drivein
police could not figur out who was the driver
since i was one look drunk they charge me dwi
and let my friend go who pass the test me on other hand did not do so well refuse test and some soberty test
and I also was rude to police but police said that someone saw me driving.
three weeks agoi got pulled over for a dwi pryer to this i have a clean record. i text a body that i got pulled over he came to scene and the officer gave him two different stories which werent true he ask me if i can do the walk i said no bc of my bad knee and he asked me to breath but i have three witness sayin i was fine and i didnt blow due to me beinv on meds do i loose my license for 6 months i have a great lawyer and private investcator could i not loose my license if the police report isnt correct and the witness is right
I got a dwi but was not stopped but was arrested at a gas station, i had a minor in the car and was driving on the wrong side of the road, scary thing about this experience is this was the first time that I had ever dranked a punch that was spiked with Vodka and only had one cup. I did not eat nor did i remember what happen yet i did not pass out and appeared to be coherent. I have never been in trouble and am so grateful that i did'nt kill anyone i am so afraid of the outcome.
I was arrested for violation to implied consent law the police officer got me on camera breaking the lane I did this because of the pot hole in the road which was hazardous to my vehicle i have taken pictures and sent them to my lawyer we had court today and they gave me a deal of DUI first charge. BUT i did not submit to any tests or field sobriety I also was followed into my garage and that is when the police officer turned his lights on when he noticed that I was entering into my private property. I pulled into the garage stepped out of my vehicle and he asked me to come outs tide to him I did that and i said i wanted my lawyer before anything had commenced. He said that was not possible at this moment and wouldn't happen so i said i am not doing any tests without proper representation here and he arrested me for DUI because he smelled alcohol on my breath he also entered into my garage without my consent and signaled his partner to come in as well when i never gave them permission. What do you think will happen. The DA found a lab report of mine from 2 yrs ago with a .23 BAC but does not know what that is from
I received a dui in September my truck was parked at a gas station when the cops showed up. i wasn't driving i was waiting for a friend to pick me up i never moved the vehicle they drew blood it came back. as a .09 and i failed the sobriety test, which i knew i would but that's why i was waiting for a ride i hired a lawyer is there any chance i can win.
Thanks for this article...I've been depressed for weeks about my DUI and this actually brought a smile to my face.Your description of jail was on the money, (except in my experience they decided to let me room with honest-to-god felons at the end....luckily they were nice to me :)
I was arrested on November 19th 2010 for drunk driving and it's now January 24th 2012, still fighting it. Let me tell you, I have lost all respect for this crap shoot we call a justice system. I myself was driving home at 4am on a Thursday night, had legit only 2 drinks in me and had them a few hours prior to my drive home. It was late so I was tired, not more than 100 feet from my house I ended up rubbing my eyes and the neighbors cat ran out in front of me. Swurved off the road and hit a tree. Legit, 3 minutes later the blue lights come a flashing. Officer asked if I was ok, I said I think so. Didn't even bother to call the EMT's, instead started telling me to do Field sobriety tests. If I had known better I would have said NO, but I had never been in trouble with the law before so I had no idea what my rights really were. Anyway, failed them all, even saying the alphabet. I was freaking out though the entire time, so nervous. For someone that had never been in a major car accident before let alone dubbed as a criminal, I didn't know what to do. I was 26 at the time and in the middle of trying to enlist in the marines.
Anyway, failed the breath test, but later got it trhown out because of certain factors and was suppose to have my trial on December 19th, but the judge I was supposed to have it with up and got transfered last minute. Now either that's just bad luck or karma. So now I have 2 options... either take the plea or roll the dice on a jury trial because I can no longer have a judge trial. The reason being is because when my lawyer found out that the judge we were waiting for all this time to have my "jury waved trial" (means just the judge decides your fate instead of a jury) I got stuck with this massive prick of a judge and my lawyer suggested I should not still try and have a jury waved trial with him because basically I wouldnt have a snowballs chance in hell of beating it. Anyway... I honestly at this point don't have a damn clue what to do, since this whole god awful shitty mess has caused me so much stress. I'm ready to just throw in the towel and take the plea. Even though the breath test is thrown out, I still think there is a considerable amout of evidence that would suggest I'm guilty and people arn't stupid.. esp. now a days where drunk driving is exploited everywhere on TV. I try and stay optimistic, but the reality of it is, even if you know your not guilty, people don't know that, it's all in the evidence. I guess I'm just looking for any opinions of what I should do at this point because I really am at my witts end.
my son was just arrested for dui after he wrecked his car. They took him to the police station and had him blow but they said it wasn't working so they took him to another station and had him blow but it was too big a difference between the two blows so they couldn't allow it. So they called someone to take his blood. It took her 39 miutes to get there. By the time my blood was taken more than three hours had passed. Is that admissabloe in coiurt? How can they say I was drunk at the time of the acciden?
Ok so some of this information is Bad Advice! I'm not sure what state your in but in certain states, I know NJ is one of them, if you refuse to blow you get charged automatically. I know this because well i learned it in high school 10 years ago, and because my brother is a sergeant with the NJ State Police. And no, not all police officers are out to get people. I have to admit there are some out there that can be arrogant and act rather superior, but there are also good police too. Your forgetting that they put their life on the line everytime they put their uniform on. So don't stereotype all police as being ruthless jerks out to ruin peoples lives. And think the next time you decide to drink and drive, all you have to do is call a friend or parent to come pick you up. It's that easy! And just look at all the hassle and headaches you'll be avoiding. I'm not trying to preach here, but when you get behind the wheel drunk your putting your life and the life of innocent people around you at risk. It's just not worth it people!
In response to John especially who wants to be a marine,
as a lawyer and having just been charged w a bogus dui myself in wi,
I really encourage you to fight it with all youve got! It's a must for everybody...hire then best lawyer you can right away and make sure you read all your papers, citations well and request all hearings timely incl.for refusal to blow /license revocation if that's your case, and for jury trial.
Very important to preserve your rights and you can!
Specifically, sounds like they only now have supposed failed fsts, but that's easily arguable to contrary esp. given then lack of info you were given, your fright as first time offender, and pds very bad handling of your case. You CAN establish lots of reasonable doubt which is all you need to get off.
Dont think one dui wont mean or impair things in your life...it never goes off your record at least not out of federal dbase which is totally networked and easily checked by any lawyer enforcement or background investigator s....sooooo, if you dont want its haunting you, which is what it does, than youve got to fight it and if you're going to ever spend money, nows the time, bc we' re talking your life here, and you can't afford to try to save money here, it's investment in your future, in you, best investment you can make, right? So however legally you get money to hire best lawyer, do it--and make sure you check out their wins, demeanor, rships w da esp., etc.
For example, even as a lawyer, I will not go it alone, and am retaining best I can, even though I'm BROKE too, laid off and totally depressed bc of my STUPID mistake to even put myself in situation.
I'm fighting for my life and you must too.
And even w implied consent laws, I still didn't blow, and wouldn't if you really believe you weren't doing anything wrong, no probable cause to pull you over in first place, like me.
Just fight the bastards, bc let me tell you, there is a total abuse of pwer now and getting worse, LOTS of really bad cops, including those that got me, and people really need to start standing up to defend themselves, constitutional rights that anybody just reading these comment s can see are being severely degraded across the board no matter who you are or the color of your skin, your gender or your age...it's bs and the majority DOES know it...that cops are always
pulling people over for no good reason. Obviously, though, most important ly, just don't give them the chance, right? That was my mistake and I should' ve known WAY better, but we ARE only human and imperfect, make mistakes and are unlucky. So been kinder to yourselves, and stand UP.
Bottom line, though, really do not drink and drive bc something bad will happen...and it could been MUCH worse than just a dui charge. Hope this helps and gives people strength, esp. those facing their first offense, who caused no harm, and just made a bad decision.
i got a dwi last night after st patties day i told my friends i was not going to drink alot because i was feeling sick and didnt want to be out in the first place.. i had got to the bar at 8pm had 4 bud light limes.. and 3 different shots.. and spaced them out.. i know it sounds stupid i am in the military and i did not feel drunk my friends i was with were mp's military cops they bought me my final shot at the end of the night.. and i was still sober because i know they would not allow me to drink and drive.. i was taking my friend home because his friends left him and he was compleatly drunk.. the officer pulled me over and asked for licence and insurance.. of course i complied ive got speeding tickets in el paso tx before.. after i did that i was asked if i could take the field sobriety test.. and i said sure that would be no problem but i would have to take my boots off since i was wearing my country boots at the time and i could bairly walk in them from line dancing all night the officer said that was fine.. i also informed him i have a foot problem and i was going to be wobbly as it was.. the officer administered the to me and after i was done his partner came up after talking to my passanger.. the officer that was assisting me told his partner i was fine that i had did all the steps and was fine.. his partner told me to stand infront of his car i said ok... i then had got handcuffs slapped on me and placed in the front seat where i had been till i got to the first cop station. when i got out of the police station i asked if i can go tinkle.. yes im a very polite person.. they took me into the breathalizer room and uncuffed me they then allowed me to go to the bathroom.. i came out and then they breathalized me first time was unconclusive second time they said i blew a .15 i did not realize as a girl 2 beers can make u over the limit. this is my first time ever being introuble with the law...
also they told my passanger that he had to put his ciggerett out and the cop told him not to throw it out the window my friend replied with she does not have a ashtray in here where do i put it then the officer told him to put it out on the bottom of his shoe.. my friend replied im not doing that the truck is new and my boots are expensive..
everything was fine untill after my field sobriety test i told the officers i was in the army and all attitudes were diffrent.. now im trying to fight to not get chaptered in the army and trying to not get a dwi sentance.. i dont know what to do.. i have to find a good lawyer..
i do not recollect them asking permission to search my truck i also told the officer after i was arrested that i did have a bottle of liquor in my truck behind my seat and it was unopened i bought it earlier that day for a birthday party i ended up going to also to me i only have a single cab truck and for me my back seat is my tool box located in the back of my truck.. and i do not remember being ready my miranda rights...
my friend is a cop and told me to ask for the video of me being pulled over and i could ask for it using the freedom of information act which they said i need a subpoena for..
if someone can tell me something that would be amazing all i want to do is save my military carrier at least till i have to get out the army and be able to have a job in the end..
thank you
here's a better idea, if you're going to drink dont drive.
see how that works? you'll never have to worry about it.
i had a car accident , i was charged with eluding police and wreckless endangerment,i have already gone to court in my city,and paid these fines, while i was in the prosacuters office i was told i had a pending dui,in marshall co, from the night i had my wreck,i never saw a state trooper or talked to one. on the warrant the officer stated that i had been arrested and taken to jail,and that there was no accident. well there was a accident and i was immediatly taken th the hospital in a ambulance,of course i have proof of all of this. what do you think my chances are of getting this throwed out,because everything on his report is a lie!
I was pulled over one night driving a friend home when I was pulled over for speeding, my friend had stated to the officer I was giving her a ride home.I had given him my license and registration then he hold me to get out of the car & began making me take tests. He said I couldn't blow in the breath test hard enough & I did 3 times. He didn't tell me my bac level & he said he was going to take me in just for a suspicion of a DUI before that I was walking fine and did all the other tests he asked for with no problem. Once I was in the car he has asked me if I wanted to do a breath test or a blood test. I have told him I did the breath test so I had to do the blood one. They still haven't told me my bac level & I stood in jail for 8 hours. So what courses of actions should I take before court if this was my first one? I have never received a ticket, been in jail or anything. anyone please help I am freaking out!
Retrospect Mike...is there any way we can talk via email or phone? You seem to know what you're talking about
If your going to drink don't drive. take a cab sleep on a bench until you get sober. Trust me its alot cheaper.
From experience this article is true. Even if you had one beer you should refuse all test. When you voluntary try to do them your just convicting yourself.
The best thing you could do in this situation is to keep your composure. Remember, the minute you step out of your car you are under surveliance. On your ride to the dui unit, I know it will be hard, do not say a word to the officer. You are been video taped while you are in the car. Sit up straight and be quiet. You will have a chance to speak when you are been removed from the car to the unit. That's the point to get it out of your system. When you get to the door shut up and hold on. The minute you step into the building that is also been video taped. Be in your best behavior. Try not to use the bathroom while your in the dui unit. They could tell you not to flush to take a sample and if you do they could charge you with tampering with evidence.
Before you blow they will put you on camera and ask you if you want to blow (you might not see this camera). At the same time they will tell you the penalty's for refusal. Don't panic. Refuse politely.
Ok, let me say this because alot of people don't know.
"YOU ARE NOT UNDER ARREST UNTIL YOU GET TO THE BLOWING PART".
Anything before this is called been under observation, that's what the cameras are for.
Refusing any sobriety test will get your license suspended it says it right on your license.
You tell me, how are you going to beat a D.U.I. if you blow over a .08. This is the evidence that the court use to prove you are D.U.I.ing.
Any other charges that they give you is nothing compared to a D.U.I..
Here in Orlando the number one lawyer fighting against D.U.I. was arrested for D.U.I. and he refused everything.
Good Luck.
Here's my story.... I have 18 days left of one year of probation from a DUI. But that was after I spent 2 weeks in jail. This past year has been the worst year of my life, bar none. I have had to call JAMS (Jail Alternative Michigan Services) every morning since January 3, 2011. My color is bronze. If the hotline recording randomly says my color, then I have to drive to a JAMS location and blow a PBT before 8am and pay each time. It has been almost 400 days in a row of that. If I miss a day, then I violate probation. That means automatically 93 days in jail. My license was suspended for 90 days and paid a $500.00 driver responsibility fee. I have to pay another $500.00 this year too, if I don't want to loose my license. I had to take 8 weeks of manditory drug and alcohal therapy. (in the middle of the day every Wednesday ---how do you work with that?) I have been court ordered 3 AA meetings a week---which, trust me, is faaaarrr worst than jail. My lawyer was $5000.00 (a total waste of money---obviously)$2000.00 in court costs, $160.00 for the court ordered therapy, $4.00 a pop for the past year for JAMS = $300.00 so far. And well... lost jobs, horrible debt pulling myself out of this nightmare.
I did refuse to blow when I was pulled over. I was arrested and they told me to take a PBT at the Police Station. If I had refused, then I would have lost my license for a year. I blew a .11
Folks, it's a hell that I am just now starting to recover from.
My advice is simple ----and no, I don't believe in not partying and becoming a complete recluse. My advice is to get a portable breathalyzer ($100.00)and test yourself or people that your with.---save them too if you can. If you have below .07, then you are good to go. And if a cop asks you to step out of the car to entertain him or her with the field sobriety dance, say no, I'll just take the PBT instead. Blow and Go!! $100.00 sure beats my losses.
Thanks for reading. 18 DAYS TO FREEDOM!!!
OMG....what a godsend to find this article!! I wish I had found this BEFORE the nightmare that is a DUI had started. I don't think there is much that can be changed in my case as I have already been sentenced and am serving a 2 year SUPERVISED probation for my FIRST DUI...but please help if you can:
I drove across the street from my house and parked the car on a side road near a restaurant (where I was taking my nephews and baby to pick up some take out food). I parked, left my nephews (7 and 10) and baby in the care for FIVE minutes while I went into the restaurant to order take out. I ordered and consumed a drink while waiting. A LOVELY citizen called the police because I left the kids outside. I was not even in the car, nor driving but received a DUI.(I blew AND did the field sobriety though I was not driving, stupid me) I had a horrible lawyer that did absolutely nothing but take my money and argue with me. In court I was able to get her to give me half my money back and get off my case as she was so useless. But after taking half my money I couldn't afford to start from scratch with another lawyer and had to go with a public assistant (who told me to settle...again this is my first DUI and I was not in the car...talk about rage). Bottom line, since they heeped so many other bogus charges (including 3 counts of child abuse) on my case I had to settle for taking a DUI and a deferred child abuse charge but the main fraud is that the DUI gave me TWO YEARS SUPERVISED PROBATION...meaning that I have random BA's and UA's for 2 years, monthly meetings with a probation officer, one screw up or missed test and I am back in court (and jail) and worst I am not even a Colorado resident...this has kept me prisoner in this state until I can have my probation switched back to my home in New York..so I can't even work and am ending up in the poor house as I have been kept in this god awful state for months until the snail's pace of probation can transfer me back to New York.
So...is there anyway I can get rid of this probation?!!!
thanks so much!
charged with a dwi in texas. officer said i was speeding. we were in a major construction zone. He was on the other side of the freeway comeing at me i was directed off my side of fwy and onto the service road at 1:30 at night. How can the radar gun be ruled as accurate in that setting
Last month I got pulled over and I forgot to bring my driver's license. When the cops pulled me out of the car I started to have an adrenaline attack. The Cops pulled me over bcz I ran a "Stop" sign and I didn't notice it until the last minute bcz there was a tree in the way. When the Cops asked me why I was shaking they were saying "Are you on something?" I didn't drink anything and I didn't even smoke marijuana and they said I failed the Breathalyzer test which dosen't make sense and the other test where you walk a straight line and stuff they were saying that "I'm showing all the signs." This also dosen't make sense. They charged me with D.U.I. and took me to jail and I have a court date on April 10th and I'm not looking forward to it. Its my first time being arrested for anything.
My question is how do you fail the breathalyzer test when you didn't drink anything or take any kind of drugs. Somebody please answer my question...
I was arrested for a dwi 2 days ago. Took and failed the field test and blew a .18 . I was released a few hours later and have a bond arraignment in a few weeks. I'm calling a few lawyers in the morning. What am I looking at? I live in Albuquerque nm and this is my first offense
I disagree, but I'm not a bad looking woman either so it might have influenced the cops. There were two- one was in charge and the other seemed to be in training. I also have a very clean record and well-known insurance.
I had an OPEN bottle of wine in the car that I was pouring into a cup and drinking while driving. It was a very bad night and my judgement was nowhere to be found. I was on a country road and I wasn't swerving at all- my tolerance has always been high. Everything was up to date with my car, every part was working. I just made the mistake of not paying attention to how fast I was going which was 10 miles over. It was a two lane road and as soon as I saw the cops I flew by, I checked my rearview and saw them turn their lights on and make a u-turn immediately. I pulled over as soon as I saw them turn, even though I was well down the road and far away from them by then. I waited in my car until they pulled up behind me.
The one in charge asked me for my license and registration. I gave him both and made a point to be very polite. I knew I had to keep it together and if I had to blow, I'd be going to jail.
He returned after running both and asked me to step out of the car. Being in that kind of situation really makes you sober up fast. I stepped out quickly, he asked me to blow, and I blew. There were no sobriety tests mentioned. None. I made it a point to be void of emotion and to expect the consequences for my actions. He looked at the breathalizer reading and asked me to sit on the hood of his car. I did so and the trainee looked like he wanted to cry FOR me. I stayed emotionless. He asked me why I had done this, and I said I had been through a lot that night. I kept it short and brief.
The cop in charge returned to the hood and said I needed to pour out the bottle of wine that he saw in my car. I did so, discreetly so that the traffic flying by could not see him letting me go.
He advised me to drive down the road to a 7-11 and buy some coffee before returning home. He knew I was about forty minutes away from home so either I was sober enough to drive or he thought my record was too clean for a dui.
He DID get me for a speeding ticket, but I never found out what I blew. Girls, you want my advice? Play it cool AND sober. Act like you're a responsible adult, even though you've made a horrible mistake of breaking the law. If you're prepared for the reprecussions, you have nothing to lose by being completely honest and level-headed. Even though you feel terrified in the moment, fake it.
Hope this helps. I haven't repeated that night since and it's been a year now. It's not smart and it could get someone killed. Stay at home if you need to drink to get over something...dui's aren't worth it.
hey i got a possible dui. i crashed my car and tried driving the car home. then got pulled over. they gave me a sobriety test i passed that cause it was easy the one when they have you touch your fingers to your nose. then arrested me never told me why i was being arrested for and never read my miranda rights. they also searchded my car withouth consent went into the glove box. they never asked me for my license they took me to the hospitol for a bac test. i asked the cop to have a lawyer present he told me don't try to pull this bullshit and said you dont have the right to have one right now. so he said i had to sign this or ill lose my license for a year. so i signed the paper and ive been waiting for about month and a week so far my papers. i had about 7 drinks in 6 hours what do you think would be my case.
Hi, I got convicted of DWI in TX and it was a vampire officer and he got my blood work done after 1 hr of arrest and my BAC is .07 which is less than legal limit.
No accidents or injuries to any one it was a wrong turn on the street and this is my first offense and don't have any kind of criminal history.
My ALR was dismissed. Now coming to the criminal case the plea bargain I got from the Prosecuter is not great .. 12 months prob, 40 hrs. community, $300 fine and dwi classes.
My lawyer and I both checked the evidence video and at no point I looked drunk and I was fine and looked tired but not wobbly or stuttered or anything that would be suspicious of drunk.
So I am deciding to go for a trial and I am nervous about my chances of getting out of this in peace.
Given above scenario what would you think the best option is take the plea and suck for 12 months or risk it and go for a trial? BTW the county is very conservative.
I received a dui from a police department that was questionable whether or not he was out of his jurisdiction or not. I completed field sobriety tests but was not told whether I passed or failed, I was handcuffed and taken to the station. I did not blow at the station. All of this happened back in January. My lawyer and went to trial due to the jurisdiction issue, the prosecutor or officer could not give a definete answer on where the lines of jurisdictions cut off. We appealed the case to appeal court and are awaiting a date from here. I know my license will be suspended automatically for refusal to blow, I do drive a company car for work. Do you have any advice on any of this info? How often employers run your insurance or are they notified when someones license is suspended? And for some reason I get found not guilty of DUI but my license is suspended for refusal to blow, is there anything I could do to save my job just for the time being of my license being suspended? And one last thing, after all the info I just threw at you, what is your opinion/ thoughts of me winning this case?? Thanks for all the info. Everybit of it is helpful and you sound extremely knowledgeable..
I had an accident and was taken to the hospital. The officer didn't have me blow, walk, or take a blood test and decided that since I have a clean record, he was not going to take me in. I was released from the hospital to go hom. Is this normal? Am I going to get arrested later? If so,about how much time will pass? What happended to my car? I was told it was totalled. Is it impounded? WHat do I do with a totalled impounded car?
I was just pulled over with my first dwi. I hit a telephone pole. No one was hurt just property damage. I'm pretty sure they said I blew a 1.9 ? Not sure. I also got reckless driving. I'm so scared
I received a DUI in Florida recently. The officer said he was following me for 15 mins but it wasnt until I turned into my neighborhood(I was driving in the middle of the road, its a narrow road with no yellow line divinding it) that he pulled me over. I was so scared and i panicEd right away. I have a clean record and I've never been in trouble before. I have terrible balance(due to a knee injury an jet ski accident) therefore I failed the road test once I was arrested I asked to take the blood test and the officer said no because it would take to much time and paramedics had to be called since he couldn't do it. He basically gave me no option and scared me into taking the breath test. I'm smoke cigarettes ere and there and I had smoke one that night therefore I had been coughing through the entire breath test. The machine mal functioned so he had to restart it and made me take it again, and again and again because he said if I didn't the machine would say I refused and I would be in more trouble. Finally after he said he got a reading I believe I blew a .18. I was booked transferred to county and the bailed out. I contacted a lawyer right away upon my release. This lawyer is costing me a a lot but she believes she can actually win this test since I have medical proof of my terrible balance and clean record. Is this true? I'm terrified.
I recently got charged with dui .. i took two feild test and got so nevous i couldnt stop shaking cause i was so scared. He took me to jail and asked me to blow but i told him i will take a blood test and he told me he wanted me to blow and i was refusing. I told him i wasnt refusing and would b more than happy to take a blood test but he woyldnt give it to me. I knew i would pass. Any advice
i was pulled over and blew .02 over. the cop arrested me and before i know it the officer had let my buddy whom was more intoxicated then i was drive my vehicle away without checking his license or i.d im also insured for me only on my insurance no occasional drivers. do i have a chance of getting this tossed due to the officers poor judgment and negligence
I was pulled over Saturday night, and I had a few drinks at a lounge, I ended up blowing a .13, this is my 1st time ever being in jail. This happened in long island NY. I'm just trying to find if there's anyway I can beat this charge in anyway.
P.S I never drink. this was my 1st time, and I get pulled over for having my lights out. I mean damn give me a break. As of now I've learned my lesson.
I got a dwi in 2009 in ny...I had 4 glasses of wine...I was close from home....I guess I was driving too slow for the car behind me, a guy who put the high beam lights behind me and tailgated me for a few blocks...I got nervous, and panicked looking At him in the mirror and hit a pole...he then stopped cursed me out, and called the cops....unfortunately for me my car did not start...the police officer asked me to get out of the car...I was crying, and more scared...he asked if I drank, I was honest and said yes...they had me blow, but for some reason could not get a reading...I was arrested, he said I smelled and crashed....he told me you have to be drunk, and called me a liar when I told him about the guy harassing me....they were very mean to me...I kept telling him I was not drunk...they treated like a total con ...one of the worst experiences ever....on top of that I was so panicked that the next day I hired a super DICK lawyer who charged me 3000 for nothing...i was charged with a misdemeanor y convicted ....he said it was the da that will not drop the charges... He did not even show little empathy for me....I regret it so badly for paying him...I should have taken one lawYer he courts gives you...would have been same outcome...it has been 3 years and I'm still devastated when I think about having this record for the rest of my life....my bac was .17 they said....they made blow at the station like 5 times...I hate cops...always had bad experiences with them...
I was at dinner at 9pm, had 2 glass's of wine, took girlfriend to the board walk for a long walk. At 11:30pm got back in car for the drive home, about an 1/2 an hour later, got pulled over for bad tags. I cop that talked to me asked me to step out for saftey reasons, at the back side of my car asked if I have been drinking, I said yes around 9pm had a couple glass's of wine with dinner. Will i was doing this the other officer was pulling my girlfriend out of the car and asking her questions about the night. I have clinical bipolar disorder, im on medication for this, the cpolice officer with me did the FST and said I passed, right after that the other police office walked over and made the commete to my girlfriend he has had one DUI in the past what makes anouther one. He then walked up to me and gave me the pen test, held the pen to the left side for about 30 seconds enought time to make my eyes water, then said turn around I was under arrest fo DUI. I refused to blow at the scene and made the remark I will blow at the station. Apon getting to the station I was finger printed and put in a cell. I dont know my rights very well but arent they suspost to make me blow for medical screening at the jaul?
I was pulled over last night for a headlight out. I had been drinking, but did not admit to it. The cop had me do two field so riety tests which I passed. He told me I could refuse the breathalyzer but may receive a citation. I told him to give me the citation. He told me to get back in the car and then he told me he was just giving me a ticket for the headlight which I wont have to pay if I get it fixed. Is my license going g to be suspended?
I was pulled over and the Cop told that his reason for the stop was that he had clocked me doing 45 in a 25 and for not using my directionals. I knew he was full of shit and had been waiting for me to leave the bar I was at. I ended up getting arrested and charged with DWI. I was also charged with speeding but for only doing 40 in a 25mph zone. Based on where he said he was when I passed him I figured it out to be totally impossible for him to have clocked a vehicle going 45mph in .22 miles and just as unlikely at 40mph. Without spending thousands of dollars to hire an expert to support my arguement the judge basically ruled that he had the right to stop me cause he is a cop and can tell if someone is speeding.
I'm 27 and live in Pennsylvania. At the beginning of March I got pulled over for a DUI. I complied, knew I shouldn't have been driving (I usually don't d&d, but you'll have to trust that it was rare and for a good cause - trying to rescue a friend who couldn't deal with police). I'm fine with how that was handled. Here's my question: I already had a suspended license. About a week ago, I got pulled over at a sobriety checkpoint (completely 100% sober) because of the suspended license. I'm staying at my dad's for the moment and was driving his car. A few days later, the cop who pulled me over called my dad (don't know how he got his number, perhaps insurance papers) and informed him not only about my suspension, but also about the DUI from a few months ago. Is that even legal? Was that allowable because I was in his car? I thought cops couldn't involve parents unless the child is a minor.
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Trish M Fuller 3 years ago
I was arrested in florida for a dui \, second ioffense. I didn't take any of he test.
Also charged w/leaving scene of accident to 3 vechiles. no one was in vechiles. But there is property damage. Also, they gave me a wreckless driving. Is there any help for me? Can only afford a public defender. Help