Desperatly need advice (got a DUI)

[ZenMachine]

OK, I am here now and can shed dome light on the subject.
Ka-bar, I think your advice is a tad bit misleading.
You can choose to say nothing. It will not assist your cause at all.
Point in question, I stop a car I suspect of Drunk driving, I walk up and talk to the driver. I smell a odor of intoxicants coming from said driver. I ask him/her to step from the vehicle and perform 1-3 sobriety tests. If they fail one or more I move on top a P.B.T.. which is NOT a Breathalyzer. The P.BT. only acts as another sobriety test, except it provides me with a B.A.C. (blood alcohol content). In Mi if its over a .10 you may go to jail. Its up to ME, I HAVE DISCRETION. ALL ASSES go to jail.
Then at the station I will ask that the driver submit to a BREATHALYZER. In Mi we have implied consent. What does that mean you ask? Well when you sign for your ops in Mi you are saying that if you are ever in said situation you WILL provide a Breath sample. If you dont a couple thing will happen.
1- Your ops is gone for 1year and 6 point will be added to your driving record. THIS IS AIN ADDITION TO COURT ACTIONS...
2- I will contact a Judge and get a search warrant for your Blood. Then I will take you to a Hospital and have them draw appx 20 cc's of blood. This Will happen,even if you have to be held down.
Then you will charged appx $500 more for that action. lab and hospital fees etc..
I have heard people say " yea but that takes a long time to do that" . Nope With a Blood draw from time of the stop to the completin of the report appx 3hrs.
Granted not all places will take these actions. i.e Big cities.
Ok I now await the flames........

Not to hijack the thread but..

Poon Daddy, I am going to infere that you are in law enforcement? I have heard of a way to avoid getting the arrest for DUI and I wanted to run it by you and see if it has merit. If you are getting pulled over and you know you have had way too much to drink. I was advised to turn off you vehicle remove the keys, roll down your window and drop them outside. Then roll up the window, close your eyes and take a nap. Don't talk, don't acknowledge the police nothing. The assumption is that they can't search your vehicle without a warrant. This is just something I have been curios about.

Back to the topic at hand. Iron Freak. You absolutely need to get an attorney. Find one that specializes in DUI. They may get it reduced.

Zen

 

[Newbie2building]

With that blood/alcohol level you will definitely get the DUI on your record. At this point it probably doesn't matter if you get a lawyer or just use the public defender. The laws are pretty uniform for this stuff, and there is a minimum sentence regardless. You will probably lose your license for at least 6 months, but you may be able to drive just for work with a restricted license if you apply for it. They will take your license from you at court. You will have a hefty fine and probably 1 year probabtion. I think they may even give you 30 days, of which you can do community service instead. Just take this as a lesson. It only take 1 foot and 1 second to kill someone else. You could have killed 100 people in 4 miles, so you might as well drop that response. Just show your remorse and take your consequences like a man. Being that you're 22, you don't even have to tell your parents. I really hope this wakes you up. Drinking and driving is the #1 cause of accidental deaths between 17 and 27, or something like that. Don't be a statistic.

Good luck

 

[KA-BAR]

OK, I am here now and can shed dome light on the subject.
Ka-bar, I think your advice is a tad bit misleading.
You can choose to say nothing. It will not assist your cause at all.
Point in question, I stop a car I suspect of Drunk driving, I walk up and talk to the driver. I smell a odor of intoxicants coming from said driver. I ask him/her to step from the vehicle and perform 1-3 sobriety tests. If they fail one or more I move on top a P.B.T.. which is NOT a Breathalyzer. The P.BT. only acts as another sobriety test, except it provides me with a B.A.C. (blood alcohol content). In Mi if its over a .10 you may go to jail. Its up to ME, I HAVE DISCRETION. ALL ASSES go to jail.
Then at the station I will ask that the driver submit to a BREATHALYZER. In Mi we have implied consent. What does that mean you ask? Well when you sign for your ops in Mi you are saying that if you are ever in said situation you WILL provide a Breath sample. If you dont a couple thing will happen.
1- Your ops is gone for 1year and 6 point will be added to your driving record. THIS IS AIN ADDITION TO COURT ACTIONS...
2- I will contact a Judge and get a search warrant for your Blood. Then I will take you to a Hospital and have them draw appx 20 cc's of blood. This Will happen,even if you have to be held down.
Then you will charged appx $500 more for that action. lab and hospital fees etc..
I have heard people say " yea but that takes a long time to do that" . Nope With a Blood draw from time of the stop to the completin of the report appx 3hrs.
Granted not all places will take these actions. i.e Big cities.
Ok I now await the flames........

I dont care what you say Ive seen it work. It man not happen in every case but I will listen to a lawer before I listen to any cop. I cooperated and think it helped me plus I passed all my test and he still wanted me to blow in that machine and I told him no. He was suprized that I did not blow and just told me I was not under arrest he was just waiting for my stuff to be called back in to make sure everything was clear. Then he gave me a warning.

 

[KA-BAR]

Id also like to share a few funny ass stories that happen around here. My sisters boyfriend a few years back used to drink alot. He had one dui already and was being pulled over again. well he just gunned it. lol. he had a mustang cobra with about 320 horse power and knew the back roads well and it did not take long to loose the state patrol. For the next few days cops where patroling my sisters apt all day and kept asking her where he was. Whell he finally got ahold of his attorney and was told not to make a statement and guess what. Nothing happened to him.

This is also a true story that was the talk of the town for a long time. 3 really drunk guys slam into a tree and get out and see there truck is just demolished and the cops come and see they are all really drunk. Well the city cop ask who was driving and they all look at each other and say they cannot remember and stuck with that story and again nothing happened because they did not know who was driving.

One more. heh. My wife cousin a few years back had left the bar with a couple of bar whores and his brother and was on his way back to his house when he seen the lights come on. he told the whores to just tell tell the cop that that they did not know his name they just met him and told his brother the same thing. He stopped the truck go out and ran like hell! this story kills me . He was so tore up from jiggers bob wire ect......... anyway he made it to a friends house and later found out that they had the dogs after him and the whole 9 yards and the 3 in the truck went through ALOT of shit but they all stuck to there story. and yes nothing happened to him either.

They are all lucky though. This kind of stuff prolly does not happen often and I know if you get caught running it felony . Just thought id like to share these. peace.

 

[poon daddy]

Ka-bar, well you can choose to listen to whom ever you want. It does not matter to me. However, since I have been a Police officer for 9 years now I know more about criminal law then many LAWYERS. The scoop is this. In Mi if you get a DUI,OUIL etc, the thought is I better get a Lawyer. Well here is a little known tidbit. YOu can get the SAME deal, lesser offense, your Lawyer would if you go in there alone. But you just saved yourself $500 OR $1000 BUCKS in Lawyer fees.
Now its not like that in every state!!! But I bet its not that much different.
Point in question, A guy that I used to work with quit being a Cop and became a Lawyer in FL. All he will handle is DUI first offense. He charges like $1000 a case. gets em all dealt down to a lesser offense. THE SAME YOU COULD HAVE DONE ON YOUR OWN!!!
YES there are many stories of " I was so hammered and I did so and so the cop let me go" HINT, You ever think the Cop thought better and did not feel like messing with your Monkey ass??!!??! Hmmmmmmmmmmm
Zen, yes I hear in Wi they are tough on everyone!!!!!
In regards to your IDEA, well I have already observed your operating the vehicle. I have a couple ways to deal with the situation. Drive away.. DOUBT THAT. Or Break the glass and place you under arrest for a Boat load of things... I had something very much like that a few years ago. The only thing that does is piis the cop off and add fines and court to you .

Poon

 

[Ir0n PhReAk]

Thanks for such a big response guys!
I got a couple more questions. I have to go to court today, I plan to just ask for a continuence(sp) to give me time to get a lawyer. My questions are IF I can get a pass to drive to/from work can I get that today or will I need my lawyer. Also will my insurance company still cover me if my license are suspended but I have a pass for driving to work?

 

[ZenMachine]

Zen, yes I hear in Wi they are tough on everyone!!!!!
In regards to your IDEA, well I have already observed your operating the vehicle. I have a couple ways to deal with the situation. Drive away.. DOUBT THAT. Or Break the glass and place you under arrest for a Boat load of things... I had something very much like that a few years ago. The only thing that does is piis the cop off and add fines and court to you .

Poon

Poon,

This is sort of what I suspected. Which is why I asked. That was advice given by a lawyer to place you in the most defensible position. (I am assuming, unlawful search)

Phreak,

Let us know how court goes.

Zen

 

[Ir0n PhReAk]

Poon,

This is sort of what I suspected. Which is why I asked. That was advice given by a lawyer to place you in the most defensible position. (I am assuming, unlawful search)

Phreak,

Let us know how court goes.

Zen

Sure will bro, I'm really nervous b/c I HAVE to drive there. I can't get a ride and I've called and explained but they won't let me reschedule. Thanks for all the help.

 

[poon daddy]

phreak, I would bet you are out of court by the time you read this. I hope that it went as well as possible.
If you have any more questions you can shoot my a line.
In the future, THINK...............
That was one very expensive ride of 4 miles. A stretch limo would have been far less then your going to pay...
Zen, that lawyer gave you some messed up advice. Thats the type of advice that makes him more CASH.
Poon

 

[ZenMachine]

phreak, I would bet you are out of court by the time you read this. I hope that it went as well as possible.
If you have any more questions you can shoot my a line.
In the future, THINK...............
That was one very expensive ride of 4 miles. A stretch limo would have been far less then your going to pay...
Zen, that lawyer gave you some messed up advice. Thats the type of advice that makes him more CASH.
Poon

Never used it, but can see the logic in it. With all the rules you have to follow as an officer, anything I can do to make you "screw up" makes it easier for a good lawyer to get me off.

I don't advocate it or drinking and driving for that matter, but I did want to get an officers opinion on the subject.

Thanks,

Zen