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Anyone ever get a DUI? Experiences?
- Thread starter Lestat
- Start date
deco
New member
My friend got a DUI because he rolled his car. That said his lawyer advised him to tell the judge he got drunk after the accident since the cops didn't get there in time. He decided to be honest and take the punishment.
She could try saying she used some mouthwash after the first cop, unless she was under constant supervision.
She could try saying she used some mouthwash after the first cop, unless she was under constant supervision.
chewyxrage
New member
One glass of whiskey maybe.
I was out of town.FISHTALES said:
she's 125lbs, she had a glass of wine and one big gulp from another right before leaving.
she took the BAC test via breathalyzer during the stop, they offered a blood test at the station and she didn't know whether to accept that or not so they used the field breathalyzer as the official BAC on record.
she's thinking of getting a lawyer, but that is $5000 and up. A steep price.
string_bean00
New member
I got charged with DUI initially. 0.09 and 0.08 were my readings.
Lawyer was $800 (DUI lawyer, he honestly spent about an hour total on my case I bet). Small town so all the lawyers, prosecutors, and judges have it worked out.
Plea bargain for impaired driving. Fine was pretty high, I'm thinking around $700, but I can't remember for sure. 30 hours community service. Driver responsiblty fee ($500 two years consecutively. $1000 for a DUI though instead of an impaired). And about $200 in "counseling" I had to pay for. About to get raped on insurance also.
Lawyer was $800 (DUI lawyer, he honestly spent about an hour total on my case I bet). Small town so all the lawyers, prosecutors, and judges have it worked out.
Plea bargain for impaired driving. Fine was pretty high, I'm thinking around $700, but I can't remember for sure. 30 hours community service. Driver responsiblty fee ($500 two years consecutively. $1000 for a DUI though instead of an impaired). And about $200 in "counseling" I had to pay for. About to get raped on insurance also.
gjohnson5
New member
Nothing you can do. If you blow and you are over , you are assumed guilty. No lawyer will effectively make a case that breathalizers don't work...
It is better to not blow and let the lawyer handle it then blow and be over. No judge will let you off with a reading over the legal limit...
Pay for a lawyer who knows the judge... The legal system bends or outright breaks for folks with $$$$
It is better to not blow and let the lawyer handle it then blow and be over. No judge will let you off with a reading over the legal limit...
Pay for a lawyer who knows the judge... The legal system bends or outright breaks for folks with $$$$
GoldenDelicious
New member
breathalysers are meant to be used 30 minutes after the last drink. theyre designed to test the amount of alcohol vapor in air from the lungs, back extrapolate to a reference table and thereby convert the parts per million alcohol in the breath to a % per litre blood alcohol level.
if someone had a drink of something alcoholic and took a breath test shortly after, the test is not viable because alcohol from the mouth/throat mucosal lining/between teeth etc also registers in the breathalyser, meaning that the device will vastly overstate the blood alcohol level of the patient
...which means that your girl should get a lawyer to review the police report. at the end of the day, the officer administering the test should be trained in proper use of the device (and error minimisation) meaning that they must take a follow up test in an appropriate amount of time - so the question now becomes 1) how long after the first test was the second test taken, and 2) why didnt they take a blood reading, which is a lot more accurate
a few people i know have gotten out of DUIs based on technicalities like the one above. one guy did the drinking straight liquor after running from the car, another proved that the breathalyser may not have been calibrated properly as per manufacturers specifications etc etc...so its definitely contestable
if someone had a drink of something alcoholic and took a breath test shortly after, the test is not viable because alcohol from the mouth/throat mucosal lining/between teeth etc also registers in the breathalyser, meaning that the device will vastly overstate the blood alcohol level of the patient
...which means that your girl should get a lawyer to review the police report. at the end of the day, the officer administering the test should be trained in proper use of the device (and error minimisation) meaning that they must take a follow up test in an appropriate amount of time - so the question now becomes 1) how long after the first test was the second test taken, and 2) why didnt they take a blood reading, which is a lot more accurate
a few people i know have gotten out of DUIs based on technicalities like the one above. one guy did the drinking straight liquor after running from the car, another proved that the breathalyser may not have been calibrated properly as per manufacturers specifications etc etc...so its definitely contestable
GoldenDelicious
New member
also one glass of wine isnt enough to bump you up so high. something about this whole story is off - either the test was administered very quickly, or she drank more than she remembers/admits
or she burped during the test (happens.)
or she burped during the test (happens.)
big_bad_buff
New member
Just get a court appointed lawyer, nothing you can do. A free lawyer from the court will do the same thing as a lawyer charging $3000 to defend you.
DieselGunz
New member
in mass if u refuse to take a breath test u automatically loose license for 6 months n/m the other charges
Razorguns
Well-known member
1 glass = 3 glasses.
you can't just blow over and over again, until you're legal.
If she failed - that's it. The cop doesn't have to give u as many tries as u want.
Unfortunately, the communist state of kalifornia will get her. major fines, suspension, counselling, etc. She may get off with a good lawyer - but will still be out major cash. So lose/lose.
Welcome to our hippie state. Never get a dui here.
and tell her to watch her stops.
you can't just blow over and over again, until you're legal.
If she failed - that's it. The cop doesn't have to give u as many tries as u want.
Unfortunately, the communist state of kalifornia will get her. major fines, suspension, counselling, etc. She may get off with a good lawyer - but will still be out major cash. So lose/lose.
Welcome to our hippie state. Never get a dui here.
and tell her to watch her stops.
truckdaddy
Banned
Lestat said:
she lied.....one glass of wine will not make her blow that....sorry, she is a lying whore....only thing she was blowing was maybe hard black cock.
truckdaddy
Banned
gjohnson5 said:
well....the breathalizers that they use when they pull you over are not able to be used in court. The one back at the jail is. There are many ways to beat a DUI case..........fuck the police! Get a lawyer for sure.
U
UA_Iron
Guest
What is the resolution on those breathalizers?
if it only reads in 0.01 increments then she very well could have been a 0.075-0.079.
Initially any lawyer will hype up this case - they'll say that there's a bunch of technicalities that they can work on from different angles. But you will find this is BS as they will try and get you to offer a plea which you get fucked anyway.
if it only reads in 0.01 increments then she very well could have been a 0.075-0.079.
Initially any lawyer will hype up this case - they'll say that there's a bunch of technicalities that they can work on from different angles. But you will find this is BS as they will try and get you to offer a plea which you get fucked anyway.
mountain muscle
New member
Yhe breathalyzers they use roadside can and will be used in court. Blood tests as even worse because of metab in the body.
The worst part of this is the one glass of wine... no way.
Lestat she is busted, tell her to get a very good lawyer. Every state is down on DUI because it requires the least amount of effort.
The worst part of this is the one glass of wine... no way.
Lestat she is busted, tell her to get a very good lawyer. Every state is down on DUI because it requires the least amount of effort.
truckdaddy
Banned
mountain muscle said:
that is not correct....the roadside tests can not be used in court.
Two things of advice:
1. When they ask you if youve been drinking, state "NO" , if you say "Ive had 1 or 2" then your definately getting pulled out of the vehicle.
2. Before you pay some hot shot lawyer 3k to defend you, make sure the cops dont have a video of your drunk ass falling down while cuffed up beside your car. Actually know a guy who did that. Oops.
1. When they ask you if youve been drinking, state "NO" , if you say "Ive had 1 or 2" then your definately getting pulled out of the vehicle.
2. Before you pay some hot shot lawyer 3k to defend you, make sure the cops dont have a video of your drunk ass falling down while cuffed up beside your car. Actually know a guy who did that. Oops.
mountain muscle
New member
truckdaddy said:
Show me some statutes then.
DieselGunz
New member
Wulfgar said:
Not many can see that, i cant
Razorguns
Well-known member
truckdaddy said:
then what are they supposed to use? the bac level 2 hours later at the station?
in most states, they'll take u to the hospital and draw blood by force. And if drunk, face even more fines if u refused to breathe.
If not - u could get fines/suspension but not get a dui, which is what u want to get away from ins raises, and non-inclusion on your criminal record.
Always ask what'll happen if u refuse. And if u can't even say even those words properly, and are slurring and falling down - fugaddaboutit.
big_bad_buff said:
Lucky you, court appointed lawyers are not granted for DUI or any traffic offence here.
Best thing to do is to get a breathalyzer (same as LE) and blow yourself before leaving. Yes it's expensive (around $150) but it could save someone thousands of $$$....
patsfan1379
New member
Lestat said:
Blowing that after one glass is impossible.
seizer said:
I know someone that does it every single night. I mean completely zonked out of his mind. Goes out and has a MINIMUM of 8-9 scotch and waters, often as many as 12-14. Doesn't eat past 3PM, so you know his stomach is empty. I have seen him many times pull up at home and never even make it out of the car before he passes out.
Been doing this for about 8-9 years and never gotten stop by the cops.
Now the moral question here is, do I do him a favor and everyone else on the road a favor and phone in a DUI on him one night when he leaves the bar?
megamania500
New member
truckdaddy said:
This is true for S Dak, for the handheld field breathalyzer, anyway. That little handheld field breathalyzer CANNOT be used as hard evidence in court, which is why the person's BAC has to be verified by a blood test. If you get pulled over for what may be your 1st or 2nd DUI, you can refuse the breathalyzer and blood test. But the cops will do everything in their power to persuade you to take one, but they cannot MAKE you take either. That is why if you refuse the breathalyzer, you automatically lose your license. They need to persuade you to willingly take them. Whether or not you take them though, you WILL be charged with DUI. But that does NOT mean that you will be convicted!
Everything the officer requests of you is all designed to build evidence against you when it goes to court. If you refuse the breathalyzer, blood test, and all field sobriety tests that almost eliminates any evidence they can use against you. All they have to rely on then is video, audio, and the officer's testimony. If you appear coherent and sober on video, they will have a hard time persuading the jury that you were drunk without any concrete evidence. That's right, I said "jury". If you go this route, you will have to take it to a jury trial and have the court let them decide. That means you will have to hire a lawyer, and pay him big bucks to take it to trial. But people HAVE won in these types of cases. Currently, S Dak is trying to (and I'm sure they will be successful) pass a law that makes it mandatory for everyone to take a breathalyzer and blood test. As it is now, it is only mandatory for those who have already had 2 DUIs.
Also, in other cases, if a lawyer is experienced enough he can use the defense that at the time you were driving you were UNDER .08. But by the time you got to the jail, hospital, or wherever they draw blood you BAC rose above .08. In this defense, there has to be sufficient time between the stop and the time blood was drawn to climb above .08 For instance, if you guzzled 3 beers and immediately got behind the wheel and got pulled over, the alcohol you consumed hasn't hit you yet, and you may just be at .06. An hour later, after all the time has passed during the field sobriety, writing out the ticket, and the trip to the hospital, waiting for staff to draw blood, your BAC rose to .08. Tricky defense, but this has also worked in court before. Again, expect to pay major $$$ for this defense.
How do I know all this? Apart from personal experience, I also know a guy who was a State's Attorney for Pennington county for a time before he switched over to a defense attorney. He gave me all the shizznit on it. Also remember, if you are ever charged with DUI and the car you are in is inoperable at the time you are charged, they cannot charge you. If you are charged and convicted, you've been railroaded. For instance, if you are stuck in the ditch and the cops come and find you drunk behind the wheel, they will most likely charge you for DUI. But, if it goes to jury and you can establish that it wasn't you that put the car in the ditch (maybe you were just trying to get it out after it got stuck by someone else), there's a good chance that you will get off. The reason being is that the cops have to have concrete evidence that you WERE actually driving under the influence. If a car is inoperable at the time of arrest, they cannot convict you. By law, you have to be able to operate the car by manipulation of the car's controls. If the car is inoperable, you can't be convicted. On the other hand, if your car is out of gas on top of a hill, if you can put the car into neutral and it will start rolling, by definition you CAN control the car by manipulating the controls even though it was out of gas. That would be grounds for DUI.
Also, if the cops cannot establish who was driving at the time of vehicle stop, they cannot convict. For instance, say you and three friends were wasted on Mad Dog 20/20, and you see a cop turn around behind you to stop you. You turn a corner and stop and all four of you bail out and run for it. The cop calls for backup and they catch all four of you and take you all to jail because one of you obviously was DUI'ing it. If none of you admits to driving the car, the cops will probably CHARGE all of you with DUI. But once it goes to court, they will have to drop the charges because they don't have concrete evidence as to who was actually driving. I know this from experience. I was young and dumb back then.
The best thing to do in any case is to NOT DRINK AND DRIVE!
i was done for .079 a few years back. only got a fine. friggin close call though.
I was with my mate one night and he was drunkish and drivin, got pulled into a bretho. I told him to blow out slightly then breath in the rest of the way when doing the test. While i kept the cops preoccupied by a drunk question like "busy night fella?" my mate did wot i told him. Good as gold. blew zero and my mate would have been well over. Got to blow in slightly to register some breath or it will come up with an error signal.
Try that next time, see how ya go.
I was with my mate one night and he was drunkish and drivin, got pulled into a bretho. I told him to blow out slightly then breath in the rest of the way when doing the test. While i kept the cops preoccupied by a drunk question like "busy night fella?" my mate did wot i told him. Good as gold. blew zero and my mate would have been well over. Got to blow in slightly to register some breath or it will come up with an error signal.
Try that next time, see how ya go.
seizer said:
Maybe twice when I lived downtown and didnt have to go through the highway. It's common here to drive dead drunk. There're few spots downtown were cops can set up a roadblock and we all know them. Otherwise, random pull-overs only happen on the highway. So now, if i'm feeling hardcore, I take a cab and leave the car at home. $12 invested wisely...
H
heatherrae
Guest
Well, lestat, is this a tiny little woman? Even when I only weighed 100 lbs it would take 2 glasses of wine to get me drunk. That really is neither here nor there, though.
Normally, the cops do a breathalyzer at the station, in my state it was the Intoxilizer 5000 machine. It is more accurate than the one in the field. Normally, they go by the breathalizer in the station. There are ways to even get those thrown out if proper protocol was not used to gather the evidence, including but not limited to: proper and timely calibration of the machine; certified operator of the machine; proper observation and waiting period before administering the test, etc.
Now, I think your girl has a good chance of a dismissal or at least a reduced charge, the question is whether you think it is worth the money to pay a lawyer. I used to only charge about $800 for a simple 1st DUI unless I had to go to trial. If I had to go to trial, I would flip it to hourly. I think $3000 for a DUI sounds too steep. Have her look around to find a lawyer who is both experienced and reasonable.
Normally, the cops do a breathalyzer at the station, in my state it was the Intoxilizer 5000 machine. It is more accurate than the one in the field. Normally, they go by the breathalizer in the station. There are ways to even get those thrown out if proper protocol was not used to gather the evidence, including but not limited to: proper and timely calibration of the machine; certified operator of the machine; proper observation and waiting period before administering the test, etc.
Now, I think your girl has a good chance of a dismissal or at least a reduced charge, the question is whether you think it is worth the money to pay a lawyer. I used to only charge about $800 for a simple 1st DUI unless I had to go to trial. If I had to go to trial, I would flip it to hourly. I think $3000 for a DUI sounds too steep. Have her look around to find a lawyer who is both experienced and reasonable.
H
heatherrae
Guest
Damn, I should move to Michigan...lol. Nope, too cold.Gymgurl said:
Razorguns
Well-known member
megamania500 said:
that's odd. i guess all those people who got convicted in the us should probably go back and get their money back.
every state is different. if you KNOW you're drunk, and you're in a state that can't force blood out of you - NEVER EVER EVER agree to a breathalyzer.
6 months suspension. oooh.
vs
a 6 months suspension, DUI on record, increased insurance, $5g's in fine, classes, etc.
The choice is simple.
California is strict, so you pretty much have no choice but to breath. And they accept anything in court. Interstingly, there are none 'We will get your DUI thrown out!' type places/informercials here like you see in other states. Prolly cuz lawyers really can't do much.
This is like one of those 'if the cop wrote your car color wrong, the judge has to throw out your speeding ticket' myths. Judges are not stupid and the fantasy of a jury trial are just not realistic. In cali, they throw you to the wall.
U
UA_Iron
Guest
Razorguns said:
my license never got suspended in CA
and that was back in '02but that was from a bureaucratic error, not my lawyer.
ponyfitness
New member
I was the passenger once when a buddy got busted. Stupid thing was we just wanted to go to Taco Bell which was down the street from the club and if we had looked down the road we could have seen the stop. Both of us were hammered which was stupid in itself (this was ten years ago when we were both 21). I'll never forget the look on his face when we realized it was a RIDE check and he turned to me and said "I'm fucked.".
Anyway the cop didn't even breath test him, just leaned in the window and told him to get out of the truck. They roughed him up a little even and tossed me to the side of the road. He blew at a .25 and got severely busted. Ruined his career but the funny thing is he had a suspended licence for 6 months and then got it dismissed to careless driving plus a big fine. It was like nothing happened and even his insurance barely went up. I'll never forget that night though and think about it every time I think about getting in my car after a few drinks.
Anyway the cop didn't even breath test him, just leaned in the window and told him to get out of the truck. They roughed him up a little even and tossed me to the side of the road. He blew at a .25 and got severely busted. Ruined his career but the funny thing is he had a suspended licence for 6 months and then got it dismissed to careless driving plus a big fine. It was like nothing happened and even his insurance barely went up. I'll never forget that night though and think about it every time I think about getting in my car after a few drinks.
truckdaddy
Banned
mountain muscle said:
there are 2 kinds of breathalyzers, the kind they break out when they pull you over. the second is a large machine that prints out a paper readout of what you blew. How do i know? I have had one DUI myself and one of my closest friends is the top DUI lawyer here where i live. He charges 4k a pop and does them all day...that and drug cases... I will text him right now and make sure im not making an ass of myself.....k to all if im wrong.
G
Gambino
Guest
i got a dui'er about ten yrs ago
crashed thru a guardrail, you know the drill
crashed thru a guardrail, you know the drill
buffalo
New member
AAP said:
I can tell you from first hand experience in florida if you refuse to blow your liscense is suspended for 1 year,you can get a work liscense for awhile but you are required to do 90 day's "hard time"where you can't drive at all. I got off mine though so i don't know what the fine's are if your convicted. The lawyer though did cost around 3k.
Always Always Always Refuse All Breathalyzer + Sobriety Tests!
truckdaddy
Banned
buffalo said:
if you refuse to blow the state breath test, not the roadside.
mountain muscle
New member
truckdaddy said:
Bro, if they smack you with an over the limit amount from FST, you're busted. Think you are going to pass the test at the machine in the police station after time has passed? They do use both in court.
truckdaddy
Banned
mountain muscle said:
sorry boss.....you are wrong. I asked my friend(dui lawyer) the road side test can onle be used to tell if you have been drinking in court, not the if you are drunk. They cant say if you blew .o whatever. You have to tahke the state test. The roadside units are not acurate enough to use in court.
mountain muscle
New member
truckdaddy said:
It is used as a part of the chain of evidence.
truckdaddy
Banned
mountain muscle said:
yes....but not used as you said it was.
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