Please Scroll Down to See Forums Below Bro, I just got convicted for 1 in CA. I blew a .25.and .27. I got a lawyer because I had some other stuff on my record that could have got me some nice jailtime w/ this DUI conviction. Anyways, the lawyer cost me $3K. He didnt get me off, but made sure they didnt bring that other shit against me, and got me the minimum. $1400 fine (monthly installments). 30 day suspended license- no driving at all. If pulled over, automatic 2 weeks in the clink. after 30 days, 5 mos restricted driving priveldge (to and from work). 9 months acohol class (once a week and its kinda expensive). Plus my insurance is gonnna skyrocket. Like I said , the DA wanted to throw the book at me, but my lawyer made sure that didnt happen. The whole thing is really bad news and has really put a damper on my life.
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Ir0n PhReAk
Guest
$3-$5k is outrageous but worth it I guess. Is there any chance I can keep my license if I go that route? Also, I suppose they'll want some money up front and then I can make payments to them?
SONNY SIXKILLER
New member
Hi again Phreak. Ok those tests are pretty standard. The eye test is called the "Horizontal Gaze Nystagmus". If administered correctly it is the most acurate at indicating a blood alcohol level above the legal limit. What this test does is shows the eyeball jerking. It occurs naturally but is much more pronounced when alcohol is introduced into the system. When the officer has you follow the pen he is watching each eye independently. I guess you can look at it this way. With no alcohol your eyes follow the pen smoothly like a marble rolling on glass. Introduce a fair amount of alcohol and they eyes begin to jerk as you follow the pen, kinda like that same marble now rolling across sandpaper.
The "walk and turn test" or walking down the line is also standard. It is called a divided attention test. There is the instruction phase and then the physical stage. Officer is looking for you not to touch each heel to toe step, raising your arms for balance, stepping off the line, improper turn, etc.
The "breathalyzer" used on the side of the road by the officer is called the "P.B.T." or preliminary breath test. This is also used for "probable cause" for the arrest by the officer but is generally not admissable in court except for motion hearings.
I would consult a lawyer and tell him as much as you remember and be truthful. See what he or she thinks about your case. Be careful with some. There are those who will say they will take your case no matter what. Consider the pro's and con's with the cost of a lawyer and the cost of a conviction. Like i said earlier having a lawyer does not guarantee victory or in some cases even lessening the penalties. Check around with more than one before you make a decision.
The main thing is "NO MORE DRIVING AFTER YOU HAVE BEEN DRINKING". Don't want to lecture but you know what i mean. Good luck bro!
The "walk and turn test" or walking down the line is also standard. It is called a divided attention test. There is the instruction phase and then the physical stage. Officer is looking for you not to touch each heel to toe step, raising your arms for balance, stepping off the line, improper turn, etc.
The "breathalyzer" used on the side of the road by the officer is called the "P.B.T." or preliminary breath test. This is also used for "probable cause" for the arrest by the officer but is generally not admissable in court except for motion hearings.
I would consult a lawyer and tell him as much as you remember and be truthful. See what he or she thinks about your case. Be careful with some. There are those who will say they will take your case no matter what. Consider the pro's and con's with the cost of a lawyer and the cost of a conviction. Like i said earlier having a lawyer does not guarantee victory or in some cases even lessening the penalties. Check around with more than one before you make a decision.
The main thing is "NO MORE DRIVING AFTER YOU HAVE BEEN DRINKING". Don't want to lecture but you know what i mean. Good luck bro!
There is no way it will got knocked down to a reckless if he blew a .29. The only way you can hope to get off is w/ some sort of technicality. By this i mean the cop or the person administring the breath test has to fuck something up. If he blew in the low .10's a lawyer perhaps could get him bumped down to a reckless. BAC of .29 is way to high.
SONNY SIXKILLER
New member
Good point KA-BAR. Reckless is a helluva lot better than an O.W.I./D.U.I. And your are correct that each state is different. Up here the legal limit is currently .10 for blood alcohol content but is switching I believe in 2003 to .08. Don't know how much of an impact that will have though honestly. People will still be out there.
The Whole F/N Show
New member
I was just in traffic for speeding and the judge threw everyone's case out who's arresting officer wasn't there. And yes even a guy there for DUI totally got off. Talk about a lucky bastard. And I didn't do too shabby either. I beat a ticket that would've been about $300.
poon daddy
New member
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........
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........
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SONNY SIXKILLER
New member
What's up POON DADDY! No flames coming from me bro. All info given by you checks out with me. Here in Wisconsin to get a blood draw you do not need a judge or warrant. Officer can do it since there are "exigent circumstances". The blood packet gets sent out for analysis in Madison, wi and the results are sent to the officer and offender within 7-10 days. Also in Wisconsin the department which has the blood draw performed gets charged, not the offender. Each state is obviously different. I was just trying to give the PHREAK some info and heads up on what to expect.
SofaGeorge
New member
Iron Freak, firstly, let me give you the real scoop:
You neglected to mention what state this was in. Laws and penalties differ greatly from state to state.
A .293 breath test is extremely bad. Do not expect leniency as a "first time" offender. Expect the judge to max you out for your state. (I used to work as a counselor in the joint. I saw thousands of breath and urine tests. I only saw a test higher than .293 once... and that was only because the guy had just taken a straight swig off a bottle of Everclear.)
Do not go into court without a DUI attorney. Do not expect to get a light sentence. You will be maxed out for whatever a judge can give to a first time DUI. Penalties are set by the state so the judge only has marginal choice. He can give you the high end or the low end or anything in between. You will get the high end.
If you are looking at a jail sentence in your state, see if your attorney can get your time served in a work furlough facility so that you can keep your job.
You neglected to mention what state this was in. Laws and penalties differ greatly from state to state.
A .293 breath test is extremely bad. Do not expect leniency as a "first time" offender. Expect the judge to max you out for your state. (I used to work as a counselor in the joint. I saw thousands of breath and urine tests. I only saw a test higher than .293 once... and that was only because the guy had just taken a straight swig off a bottle of Everclear.)
Do not go into court without a DUI attorney. Do not expect to get a light sentence. You will be maxed out for whatever a judge can give to a first time DUI. Penalties are set by the state so the judge only has marginal choice. He can give you the high end or the low end or anything in between. You will get the high end.
If you are looking at a jail sentence in your state, see if your attorney can get your time served in a work furlough facility so that you can keep your job.
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