Desperatly need advice (got a DUI)

[SONNY SIXKILLER]

Not sure what state you are in. Generally first offense o.w.i. is not what they call a "traffic crime", so that means usually no jail time. 2nd offense or more equals traffic crime which equals jail time. With your blood alcohol content being that high (.293), I do not feel a lawyer will help much. It will cost 3,000 to 5,000 for a good one and that is no guarantee you will get off. If the officer seemed to know what he was doing and was competent, chance are he knows his stuff and will be able to handle the lawyer in court. Believe it or not most cops are pretty good with the o.w.i. stuff and are able to do well in court. If you plead guilty or no contest, usually the courts drop the b.a.c. charge but find you guilty of the o.w.i. Generally the license suspension is 6 months and you can get an occupational license which lets you drive back and forth to work and other family type functions. Bro, I would take this as a hard lesson learned and forget the lawyer. Just my opinion.

 

[SONNY SIXKILLER]

Also just answering a previous post. A refusal is the worst thing you can do. Even if you refuse the blood draw or intoximeter test, there are instances where the officer can force a blood draw. This is called "search incident to a lawful arrest". Usually for second offense or more or if you were in an injury accident where intoxication is suspected. This is called "implied consent". Basically means that by driving and having a license, you will consent to the laws of the state. If you refuse you will automatically lose you license for a year or more. If you submit to the test you generally lose the license for 6 months with the chance of receiving an occupational license. Again this all hinges on your finding of guilt. Hope this helps some.

 

[Kahn]

Shit - .29, are you kidding? I think I'd be passed out at that level and puking on myself.
.

I was at court one time and a dude was DRIVING at .40! I thought dead was at .40. When they read it I said holy shit loud enough that people started laughing. That guy must have had some constitution. I know I'd have been sleeping.

 

[bigschweeler]

.40 - No way! Shit that guy must have built up some serious tolerance. What an idiot, driving that wasted, or wasted at all.

But at 22 I made my share of mistakes. I don't think I matured until I was 25/26.

 

[SONNY SIXKILLER]

Sorry to keep posting but I keep thinking of things as i go. Here are some questions for you. What state are you in, what field sobriety tasks did the officer ask you to perform, was the event recorded by video camera (from the police cruiser) or recorded for sound by micro cassette, what information did you volunteer to the officer such as how much you had to drink etc. Just some starter questions.

 

[KA-BAR]

If you say nothing its admitting guilt.
Besides even if you refuse your still going to court. And more than
likely will still get a DUI

How are you admitting guilt if you say nothing? I refused and nothing happened to me. I just got a warning but I only had 3 beers. Some say I was lucky but like I say I have another friend who never said a word and he didnt even have to get a lawyer he just had to spend the night in jail. He told me he was trashed also. Any good lawyer will tell you never to blow. They can get it down to wreckless op. If you blow they have evidence. If you dont its your word against his and a lawyer can help you.

 

[SONNY SIXKILLER]

KA-BAR, hey bro how ya doing. Just info, I have some knowledge in this area and I can guarantee every lawyer I know will tell you to take the test. Seen it a hundred times. This is how the system in Wisconsin works.

 

[KA-BAR]

KA-BAR, hey bro how ya doing. Just info, I have some knowledge in this area and I can guarantee every lawyer I know will tell you to take the test. Seen it a hundred times. This is how the system in Wisconsin works.

HI, I dont have much knowledge in this area thats why Im saying to do what the lawyer told my buddy and from what i have seen a few times it worked. If you take the test that just gives them proof you are intoxicated where as if you do nothing its your word against his and lawyer can get you offi. I think it differs alot from state to state.

 

[Ir0n PhReAk]

Sorry to keep posting but I keep thinking of things as i go. Here are some questions for you. What state are you in, what field sobriety tasks did the officer ask you to perform, was the event recorded by video camera (from the police cruiser) or recorded for sound by micro cassette, what information did you volunteer to the officer such as how much you had to drink etc. Just some starter questions.

Thanks for all the help bro. I am in Ohio. He had me follow a pin/light with my eyes and walk one foot in front of the other and count. Then I took the breathalizer test. I don't know if anything was recorded/taped or not. I told the cop I had a few beers around midnight.(it was 4-4:30 when I was pulled over.

 

[KA-BAR]

im from ohio also and since you already blowed your best change get off or get it reduced is to find a kick ass lawyer and plan on spending 3-5k! But it will be worth it in the long run.