I just got a DUI and need advice badly...

[chewyxrage]

I just got pulled over at a "safety check" earlier and got arrested for a DUI.

I had maybe a 3 beers at a friends house, then decided to drive home w/ a friend. If I had been 21 at the time, it wouldnt have been a big deal. But im not. Im 19.

I refused a breathilizer. I refused to answer any questions w/ out a lawyer.

What chance do I have of getting out of this? I was always told, refuse a breathilizer no matter what, and don't cooperate. So I didn't.

What the fuck would you do? Anyone have any experience with this?

Give me some advice, it's badly needed.

Thanks,
Chewy

 

[Ironlifter]

How did you get charged with a DUI if you didnt blow? Unless you blew at the station, you wont get charged with a DUI but in most states you will lose your license for one year.

But if you are underage and blew and got a DUI you would lose it for a year plus your insurance would skyrocket.

Sounds to me like you did the right thing unless there is more to the story.

...which there usually is

Good luck bro and dont drink and drive.

 

[Rick Collins]

The laws and practicalities regarding DUI (or "DWI") are important to understand. Here's a brief basic primer:

1) You can be arrested for drunk driving whether you blow in the tube or not. All the officer needs is PROBABLE CAUSE to believe you are driving while intoxicated. A breath reading is evidence -- strong evidence -- against you, but it is NOT necessary for a conviction. So, if a guy is driving erratically, slurring, staggering, and stinking of beer, a cop can arrest him and a jury can convict him. As a prosecutor, I tried many refusal cases and won.

2) Anything you say can be used against you. Most DWI defendants ADMIT to drinking alcohol before driving. This is corroborating evidence of the officer's observations of an intoxicated condition. While most people know not to respond to police interrogation without a lawyer, it's harder to remember that after a couple of six packs.

3) REFUSING to take a breath test has its own serious consequences. To discourage refusals, many states make the fines and suspension/revocation terms for refusing the test even worse than those for taking the test. Further, some prosecutors will deny a reduced plea offer to defendants who refuse, forcing either a trial or a plea to the charge.

4) In cases where a person has only consumed two or three drinks, taking the test may EXONERATE the person from a DWI charge in some jurisdictions, and result only in a ticket for a lesser offense. Each beer, shot or mixed drink is typically the equivalent of around a .02%, and alcohol is dissipated at the rate of .02% per hour (these are rough but generally accepted principles). In many states, the level for DWI is .08%.

In states where a non-criminal plea bargain is available, most experienced criminal lawyers generally recommend TAKING the breath test UNLESS the situation includes an aggravating factor that typically preempts a plea bargain, such as an accident or a prior alcohol-related offense.

Now, saying all that, may I make a public service announcement? Unlike gear, booze has been involved in thousands of fatalities, particularly on the roads. Having been recently hit head-on and injured by a drunk driver, I say please, DON'T DRINK AND DRIVE. If you're gonna drink, designate a driver. Seriously.

 

[Ironlifter]

DWI and AAS are two different leagues IMO, If you mess up a cycle you can break out and maybe get gyno. One night of drinking and driving can ruin your life, your famiies lives, and the lives of everyone you kill. In one second. Death cant be appealed either. Call a cab or get a hotel but dont drink and drive.

 

[chewyxrage]

trust me when I say that a lesson was learned.

 

[liftshard]

The State is smart. They cannot force you to take a breathalyzer test as to do so would be violative of the 5th Amendment. But, since the wiseass Supreme Court decided that driving wa s a privilege, they can eliminate that privilege if you ever refuse to consent to the breath test.

Most people I know turn it down and end up licenseless for a year. My recommendation would be to use your attorney to negotiate some sort of probation, hell, even spend some time in the can, the vacation will do you good, and try to get a reduced charge or a removal after a specified time.

I would say, depending upon how drunk you are, it's your call to blow or not to. A .09 looks a lot different to a prosecutor than a .25.

 

[chewyxrage]

I agree with you on that one, liftshard.

In illinois, refusal to blow is an automatic 6 month suspension.
If you blow, and it's your first DUI, it will be a 3 month suspension.

I would go to jail if I wouldn't have to pay the fine, except that I'm in college and that would royally fuck my life up moreso than it already has.

I think I may have a chance to get court supervision, which means my license is still suspended except I may be able to drive strictly to school and work. Too bad they don't include the weight room in there

I pretty much regret refusing to blow. Since it would have been my first DUI I would have only gotten 3 months. Anyone with more than one DUI needs to refuse no matter fucking what. After the second DUI your world is fucking over.

Also, I took the roadside sobriety test. I didn't realize I could say no to this, too. So all you peeps listen to this and if you decide you are going to refuse to blow into a PBT the next time you have to, don't take the roadside sobriety test either. I think I may have fucked myself on this one.

 

[chewyxrage]

Oh yeah, here's a question for Rick-

I read on some lawyer's website that if the officer was supposed to let me know I didn't have to take the sobriety test (walk straight line, eye follow pen, fingers to nose, and stand on one foot w/ eyes closed). Is there any truth to this?

Also, to everyone else, watch out for the bullshit cops will pull while trying to fuck you over. The cop that got me wrote me up a citation for no proof of insurance (i am insured, just couldn't find card).

When he handed me the ticket to sign, he handed the clipboard to me UPSIDE DOWN.

Then when I couldn't find the correct place to sign, and asked him "Where is that again, officer?"

He started saying "What? You can't follow directions? What's the matter? You better step out of the car."


Obviously he had already planned on this shit before he gave me the ticket to sign. Fuck when I look back on the situation I want to fucking kill.

 

[sweed]

ok coming from someone that got a DUI last year....
i was 19
I took the breathalizer... blowed a .20.. but i passed the soberiety tests except one... i can't even do that one sober, haha...so went to lawyers, basically used a plea bargain... I pleaed guilty but on account i would be "good" for a year. a year probation and the case would be dissmissed and would not be on my record... well 11 months after and i just got my lisence back... and come march ill be out of probation... it really did suck
a lot of money and pain... but dont worry man.. you'll be fine, talk to your lawyer and you should be fine.. no jail time dont worry... a year , 2 year probation at most

 

[[email protected]]

Most likely it will be a 6 month to year suspension of your license. Without the breathalyzer the only thing they will have to go on is the officer’s testimony which will leave the “reasonable doubt”. Expect the criminal charges to be dismissed and the mandatory suspension of your license. Unless something else is going on that I don’t know.

They usually have a video recorder in the processing or waiting room that they will admit as evidence to show you was drunk. As long as you were not slurring and staggering you should be ok.

3 beers and you were at .06 which is legal. BUT who knows what you would have blown. Could it have been 4? 5 beers? Then you absolutely did the right thing.

DO NOT tell your lawyer anything but this… You had 2 beers. Tell him 5 and some may have this moral dilemma about letting you take the stand and perjuring yourself. Unless they were in the room with you it was 2 beers. The cop will say the obvious, I smelled alcohol, he was slurring, and he was weaving, etc etc. Expect the cop to lie his ass off because that what he will do. ADA’s will actually TELL a police officer what the story is before he testifies. Doesn’t matter what the story is, the ADA will tell you.

 

[chewyxrage]

Most likely it will be a 6 month to year suspension of your license. Without the breathalyzer the only thing they will have to go on is the officer’s testimony which will leave the “reasonable doubt”. Expect the criminal charges to be dismissed and the mandatory suspension of your license. Unless something else is going on that I don’t know.

They usually have a video recorder in the processing or waiting room that they will admit as evidence to show you was drunk. As long as you were not slurring and staggering you should be ok.


3 beers and you were at .06 which is legal. BUT who knows what you would have blown. Could it have been 4? 5 beers? Then you absolutely did the right thing.

DO NOT tell your lawyer anything but this… You had 2 beers. Tell him 5 and some may have this moral dilemma about letting you take the stand and perjuring yourself. Unless they were in the room with you it was 2 beers. The cop will say the obvious, I smelled alcohol, he was slurring, and he was weaving, etc etc. Expect the cop to lie his ass off because that what he will do. ADA’s will actually TELL a police officer what the story is before he testifies. Doesn’t matter what the story is, the ADA will tell you. [/B]

This sounds about right except the cop also gave me the roadside sobriety test.....

If they had a camera that will be worthless to them. I didn't say anything or even move that much. The only thing I said was "Yes" to understanding my rights and "No" to answering any questions. Even in the cops car when he was asking me why I was driving drunk I was only responding with "I haven't been drinking sir"


What happens when I tell my lawyer and judge I only had 2 beers, then the cop goes on about how I couldn't walk a straight line? I mean, I can't really walk a straight line anyway w/ out tripping alittle bit (lol).

Oh yeah also, don't forget, I'm under the legal age to be drinking.

 

[liftshard]

Yes; your bust was legit because there are different standards for intoxication for minors versus adults. As for being "forced" to take the field sobriety test, unless you want to mount some kind of Constitutional challenge, I don't see them giving a shit whether you knew or not.

The only reason NOT to blow is if you are really assed drunk. In that case, don't get out of the car if it's that big of a deal. Make them drag you out and cuff you. DUI-related offenses can preclude bar memberships and some other professional stuff, security clearances, etc. So, if there's a chance it'll remain on your record, don't blow, take the suspension.

 

[Rick Collins]

The only reason NOT to blow is if you are really assed drunk.

Yes, or, again, if you have a PREVIOUS DUI or if there's a traffic accident (particularly with an injury) or some other aggravating factor.

Stay safe out there!
RC

 

[Mathewkey]

A DUI charge is very serious. Driving under the influence is a severe crime in every state. The consequences of a conviction are life-altering. If you don't seek professional DUI lawyers to protect your rights, You may face: [FONT=&quot]• Jail time
• Job loss
• Loss of driver's license
• Insurance coverage complications
• Impoundment of vehicle
• Ignition interlock device
• Probation
[/FONT] [FONT=&quot]. If you have been charged with a DUI you should seek legal help at [/FONT] [FONT=&quot]once from DUI lawyers.[/FONT]

 

[Swoll On]

Well from past legal advice from a friend who is a defense attorney prior to a dismissal of a DWI that I was tried before a jury of 12 peers just a few years ago.
The best thing to do if you think you might even be close to hitting the mark of blowing over the limit is not co-operate with any tests be breathe or field sobriety. Its a ballsy big boy move move and you will get arrested but you give them nothing to fight you with. If you do their tests its clearly a gamble you dont wanna lose. Just ask the officer if hes going to arrest you because your not doing any "rigged testing" that your convinced are designed to make you fail.
I refused the blow but I took the sobriety but the cop was such a jerk during the test, well to be polite a complete a$$ hole he sabotaged his case by not treating me fairly yet with hostility,screaming in my face as if I couldn't hear him,I always spoke back quietly and politely which through him off he pushed me one time in the video while telling me where he wanted me to stand and grabbed my shoulder with force about 4 times you could see him twisting my shirt while he thought he was blocking the camera he also pushed my hands down instead of asking me to keep them down on several occasions the guy was a way out of line and very unprofessional if he wasnt in uniform we would have scrapped the second he started trying to get a rise out of me but I clearly understood he was trying to get me to resist or stand my ground but I was literally surrounded with his boys who all had hand cuffs and clubs out. But the jury felt the video made him look like a bully which could have made any one nervous enough to fail thanks to a very good and $$pricey$$ attorney. I passed almost everything waddled a little on a turn but messed up on a simple finger count then he said that was enough to arrest me. Every second you are speaking to him or in his car everything is being recorded especially if they leave you in the car and you decide to talk to you self..lol dont ask as if the recorder is right in your face so if you slurred,got hostile,muttered or rambled it could be enough to convince the jury that you were drunk. BUT when the jury is in the chambers they will discuss and argue the fact "where is the solid black and white proof" which would have been the Blow test.
Your have to hire an attorney and view the video SOBER to get a clear understanding of how this will look in front of a jury. Now remember YOU never have to take the stand the District Attorneys job is to convince every one that you were a threat and Schlitz faced.
I was shocked when I seen my video the cop cut out all of the conversation of him in I in his car when we were talking about what I do for a living and etc etc because I was totally coherent and sharp.
Be grateful that you are alive fighting a DUI case with no deaths or injuries.
Children are always supposed to prosper and bury their parents dont forget that!! not vice versa...
Good attorney/ watch the video/ then see how strong a case you have/ regardless I would fight it because if you win its dismissed if you lose your first case you will still face the same charges if you dont contest it at all and so call get a fricken plea its a cookie cutter charge the first time the second you need to attend AA and get your butt kicked..

sorry for ramblin

 

[nikij]

California:

If your BAC was below 0.08%, you will receive an infraction, which is just a fine. But if your BAC was 0.08% or higher, you will be treated like an adult.

More more information check out myRight (the url I referenced). They have a cool interactive quiz that tells you your rights and possible penalties.