Got my first DUI last night... What to do?

[Callisto]

On coke you can actually get shit done though, definitely moreso than you can while driving drunk!

[Tyche]

Just out of curiousity, what would you "explain" to a judge? This is precisely why you get a lawyer, so people don't stand up in court and make themselves look like asses. Getting charges dropped or lowered is just as much about politics as about "finding loopholes". Judges used to be lawyers, they understand that for them to make money, they need repeat customers...most judges, in situations like these, don't screw their own and make the attorney look useless by throwing the book at you.

[Sepukku]

Depends widely by state. I got a DUI seven years ago when I was 19 in a shitty ass situation. Went to Vanderbilt in Nashville, TN, was at a house party a few blocks from campus totally hammered in like January, ended up finagling a girl into my car for some petting, and turned car on because it was freezing out. Two metro cops pull up to serve a noise complaint, one notices my car running right across the street, knocks on the glass, so I sort of get dressed and step out. I bluntly explained the situation (wanted vagina, was cold out, ergo turned car on) and he asks me to do a field sobriety test which I completely fail (my BAC had to be like 0.24 at this point) and I refuse the breathalyzer. Didn't know that you can get a DUI in Davidson County, TN just for having your keys in the ignition, even if no driving is involved. Funny thing is that the chief of police's son gets a DUI a while later for the same scenario (not driving but keys in ignition).

In PA, if the keys are even in the car you're able to get a DUI - you have to leave the keys inside the house or throw them under your driver's side front tire outside the vehicle. That being said, get the best lawyer you can - my uncle has been arrested for 3 DUIs, 1 as a college kid 2-3 decades ago and granted 2 were barely over .08 and hes had probation, ignition breath installed in all of his family vehicles, and only lost his license after the 3rd. And you want to know the funniest thing about all this job losing crap - he still has his job. AS A NUCLEAR POWER PLANT ENGINEER.

Spoiler: show

Hence how he could pay for good legal representation

[Churchill]

I'm actually really surprised your SSO is so nonchalant.

[Xno Kappa]

Lol damn son! I got a TS clearance, been drinking heavily the last few years, put niggas behind bars, do stupid shit during interrogations to entertain myself, grab a few beers before heading out to a scene, and not once have I been hit for an alcohol-related offense.

I've lost a shit load of PP on AE though. Either way, get on my level son!

[FNH]

Got pulled over last night, coming from a friends house on my way to a local bar where a friend DJ's. Was just going to stop in and say hi, since it's his last night DJ'ing before he moves.

So officer pulls me over, asks me if I'm in a hurry, to which I respond, "Not particularly. Why, was I speeding?" He answers, "No. You did make that right turn without signaling though." I'm guessing that's what he pulled me over for? Then he asks me to step out of the vehicle and perform a field sobriety test.

Now this is the part that gets me. He demonstrates what he wants me to do. First he has me stand on one leg and hold the other out and count "1-1000" and so on. He demonstrates up to "5-1000" before he loses his balance and drops his leg. Then asks me to do the same. I get to "25-1000" then put my leg down, though he asks me to keep going. I'm like 99% positive he was going to make me stand there on one leg until the other leg dropped for whatever reason.

Was this the only part of the test or the only one you feel like mentioning? Supposed to be a 3 part test. However, that doesn't matter once you take the breathalyzer. But he already knew you would blow high if you took the nstygmus pen test.

Anyway, after I complete the FST, he asks me to submit to a breathalyzer, which I told him I wouldn't do, which apparently means immediate arrest. Truck gets towed, I'm downtown getting booked, (got my first mug-shot, an embarrassing experience, even for someone as handsome as me) then after about 30 minutes, he tells me if I refuse a breathalyzer at the station, my license is immediately suspended for 1 year, etc., so I submit. I find out later, it's only suspended for a year if you're actually convicted of the crime at your court hearing, so cop pretty much bullied me into that one.

Important for most people to learn their rights, as police get most of their confessions with dumb criminals.

Admittedly, I had a few shots of Jager at a buddy's house, but I also ate, and it had been at least an hour to an hour and a half before we left his house. I honestly didn't think I was drunk or even 'buzzed', but I blew a .191 at the station, so not sure if that's high or not.

Anyone have any experience with this? I've been told to lawyer up, and that's about it. I have a security clearance I'd like to keep for my job, so getting a lawyer seems pretty paramount at this point. Any advice (Besides the obvious don't drink and drive, thank you) is appreciated....

.191 is pretty high for "a couple" shots. Also how old are you? Maybe pleading youthful offender or talking to the prosecutor to plead the case down.

Question:

When he pulled you over, before he pulled out out of the car, did he ask you "Have you had anything to drink tonight?"

Regardless of the situation (had a beer at dinner, are completely shitfaced, anywhere in between), for anyone else reading this:

THE ANSWER TO THAT QUESTION IS ALWAYS, ALWAYS: "No sir."

Always.

Always always.

If you say you've had anything to drink, the odds of him pulling you out for a field sobriety test are extremely high. If you say no, and he pulls you anyway, whatever. Lying there isn't illegal, and if he's going to pull you out of the car the "lie" isn't really going to make things any worse, you're already fucked.

"No sir."

Practice it.

When I got pulled over I had forgotten to take a bar wrist band off and by not lying it helped me out. Also, if you are going to say you drank do not say "2 beers" that is just insulting to them. Officer asked me if I had been drinking (it was pretty obvious especially if he had looked in the back seat), I told him yes I had about 6 or 7 beers(admittedly I lied because that was the only things I'd paid for and had the receipt on me). He asked me to do a field sobriety test. Started with the Nstygmus "follow the pen test" Don't know if my eyes stuttered or not, but he did ask how long it had been since my last drink. Followed by walking the line in a parking lot which my only mistake was now making small steps to pivot and just did a normal about face. Then I had to hold my foot up and count, got to 28 and he told me I could put it down. Told me I was good to go and would just be getting my speeding ticket. Though I'm pretty sure these results are not typical. It's better not to even get near a vehicle if you are drinking.
False. Some officers prefer not to go through the hassle

[Kaslo]

There's always one lawyer who graduated at the bottom of his class, just because you got that one doesn't mean everyone will. Lawyer up, especially with a career on the line.

Quoted for emphasis.

[Raytheon]

Lol damn son! I got a TS clearance, been drinking heavily the last few years, put niggas behind bars, do stupid shit during interrogations to entertain myself, grab a few beers before heading out to a scene, and not once have I been hit for an alcohol-related offense.

I've lost a shit load of PP on AE though. Either way, get on my level son!

I wish I could be man.... I think I need to relax on the booze for awhile though.

[dejet]

False. Some officers prefer not to go through the hassle

Lol I get pulled over all the time at night. I take dd 90% of the time(don't really drink) and all they ask is. "Have you been drinking" always answer "dd for the night"

And I'm on my way happened to me 3 times in the last two weeks. I feel like that if your not trashed your best bet is just to say "I'm dd for the night"

Then again I really was not drinking so ya I did not look drunk"

Edit: Funny story iv been pulled over by the same cop for the same reason. Don't think he noticed but when I saw him I found it very funny.

Edit2: oh and how crazy they are about dds in new york? Friend got pulled over going 120 on the 27(sunrise hwy) and when they saw he was not drunk they let him go lol

[Raytheon]

Was this the only part of the test or the only one you feel like mentioning? Supposed to be a 3 part test. However, that doesn't matter once you take the breathalyzer. But he already knew you would blow high if you took the nstygmus pen test.

No, it was a 3-part test. I followed the pen fine, did the walk-and-turn, then the one-legged jackass stand thing.

.191 is pretty high for "a couple" shots. Also how old are you? Maybe pleading youthful offender or talking to the prosecutor to plead the case down.

I'm 26, so old enough to know better, honestly. And because I consider myself a heavy drinker, I should probably clarify. A few shots = A tall shotglass (double) and about 5 of them over a 2-3 hour period.

I wish I had only gotten a speeding ticket, but in hind-sight, if I was really that drunk, it's probably better they got me off the road. I'm not gonna get salty with a cop doing his job, especially when he was actually doing his job this time, and not just harassing me because he was bored.

I guess I've never been too concerned about the laws because I usually don't break them. First time for everything I guess..... Back to lawyer-shopping.

[Raytheon]

Lol I get pulled over all the time at night. I take dd 90% of the time(don't really drink) and all they ask is. "Have you been drinking" always answer "dd for the night"

And I'm on my way happened to me 3 times in the last two weeks. I feel like that if your not trashed your best bet is just to say "I'm dd for the night"

Then again I really was not drinking so ya I did not look drunk"

lol if I had said, "I'm DD for the night." he would have looked in my empty ass Silverado and tell me to get out anyway haha..

[alexisamonster]

Got pulled over last night, coming from a friends house on my way to a local bar where a friend DJ's. Was just going to stop in and say hi, since it's his last night DJ'ing before he moves.

So officer pulls me over, asks me if I'm in a hurry, to which I respond, "Not particularly. Why, was I speeding?" He answers, "No. You did make that right turn without signaling though." I'm guessing that's what he pulled me over for? Then he asks me to step out of the vehicle and perform a field sobriety test.

Now this is the part that gets me. He demonstrates what he wants me to do. First he has me stand on one leg and hold the other out and count "1-1000" and so on. He demonstrates up to "5-1000" before he loses his balance and drops his leg. Then asks me to do the same. I get to "25-1000" then put my leg down, though he asks me to keep going. I'm like 99% positive he was going to make me stand there on one leg until the other leg dropped for whatever reason.

Anyway, after I complete the FST, he asks me to submit to a breathalyzer, which I told him I wouldn't do, which apparently means immediate arrest. Truck gets towed, I'm downtown getting booked, (got my first mug-shot, an embarrassing experience, even for someone as handsome as me) then after about 30 minutes, he tells me if I refuse a breathalyzer at the station, my license is immediately suspended for 1 year, etc., so I submit. I find out later, it's only suspended for a year if you're actually convicted of the crime at your court hearing, so cop pretty much bullied me into that one.

Admittedly, I had a few shots of Jager at a buddy's house, but I also ate, and it had been at least an hour to an hour and a half before we left his house. I honestly didn't think I was drunk or even 'buzzed', but I blew a .191 at the station, so not sure if that's high or not.

Anyone have any experience with this? I've been told to lawyer up, and that's about it. I have a security clearance I'd like to keep for my job, so getting a lawyer seems pretty paramount at this point. Any advice (Besides the obvious don't drink and drive, thank you) is appreciated....

As everyone else has said, get a lawyer asap.
Try to find something that the cop did that would throw out the case, as it is actually very common for dui/dwi cases to get thrown out because of the cop not following proper procedure.

[Raytheon]

As everyone else has said, get a lawyer asap.
Try to find something that the cop did that would throw out the case, as it is actually very common for dui/dwi cases to get thrown out because of the cop not following proper procedure.

My friend's wife is a dispatcher at the police department, she told me they have to breathalyze you within 30 minutes of the arrest, which I don't think happened. From what I've been reading also, field sobriety tests are very subjective and are apparently easily refutable, being that they are dependent upon physical attributes. So, things like being overweight, bad night vision, sleepiness, etc., are all legitimate excuses to argue. Not sure if I should do that angle, but I'll know more when I actually talk to a lawyer.

[Celestialstrife]

Orz, well hopefully you don't get reamed too bad, on the other hand no more drinking and driving prz

[archibaldcrane]

But he already knew you would blow high if you took the nstygmus pen test.

lol, load of crap. People act like these field sobriety tests are actually accurate. They're just a way for the cops to "say" they gathered visual evidence of intoxication, which is necessary for them to put you in the "brethalyzer or get arrested" gambit. I've been pulled over for speeding twice while over the legal limit, answered "No sir." on the "have you been drinking" question, and had the cop do that stupid pen/flashlight test before and then sending me on my way.

They don't know whether you're drunk, often, unless you tell them. Do not give them a reason to suspect you're intoxicated, at all, and they often won't waste their time.

[Raytheon]

Yeah I'm done with that shit. Only drinking at home from now on. Cheaper, safer, and I don't have to deal with other people. Thanks for the advice/criticism everyone.

[Kellanved]

Getting charges dropped or lowered is just as much about politics as about "finding loopholes". Judges used to be lawyers, they understand that for them to make money, they need repeat customers...most judges, in situations like these, don't screw their own and make the attorney look useless by throwing the book at you.

This is the fucking problem, it was not meant to be this way, and it was not designed to be this way. Although the common misconception is that law and politics are the same and of course people do in fact treat them as if they are interchangeable, but law is the opposite of politics. Once a thing becomes law, it is removed from the political arena. It is at that time no longer subject to “debate.” Law is meant to provide guidance, and predictability.

I’m curious as to why the State would agree to a plea of a lesser charge when they have solid evidence to convict OP of DUI. I doubt there is anything an attorney can do to argue for a lesser charge.

The factors being pointed to and that others have indicated got them “off easy” really just sound like sentencing factors. A lawyer might certainly be able to get a lesser sentence under the circumstances I suppose.

OP was in fact violating the law, so it’s a good thing that he got caught. With that in mind, the following statement does not in any way condone that behavior. It is the burden of the State to investigate and find evidence, not so much for the individual to supply them. Had OP not consented to some searches, it might have been easier for an attorney to plea for a lesser charge, etc.

[Olo401]

Not sure what the laws are like in Arizona, but in CT there's a legal trick you can use for first-time motor vehicle violations called accelerated rehabilitation (I went through it, tho not for DUI/DWI - I had a bench warrant related to a speeding/reckless driving ticket).

Also, at the pre-trial hearing you (or your lawyer) needs to file a motion of discovery, specifically in regards to documents detailing the inspection and calibration of the breathalyzer. If that paperwork's out of date, then you can have the BAC reading excluded from evidence.

Last bit of advice has already been said.. don't get behind the wheel if you've been drinking, even if you feel fine, cuz judgment is the first thing to go when you drink.

[Xno Kappa]

In Germany they flat-out give you the breathalyzer and you're mandated by law to take it. If you don't they tell you to get out the car and beat the fuck out of you lol.

[Melena]

lol, load of crap. People act like these field sobriety tests are actually accurate. They're just a way for the cops to "say" they gathered visual evidence of intoxication, which is necessary for them to put you in the "brethalyzer or get arrested" gambit. I've been pulled over for speeding twice while over the legal limit, answered "No sir." on the "have you been drinking" question, and had the cop do that stupid pen/flashlight test before and then sending me on my way.

They don't know whether you're drunk, often, unless you tell them. Do not give them a reason to suspect you're intoxicated, at all, and they often won't waste their time.

I'm pretty sure if they smell alcohol on your breath, they can jump right to the breathalyzer, especially if your showing signs of not being able to perform a sobriety check.

Also a local news station did a report on field sobriety tests, and the reporter who for a baseline blew a .000 before beginning couldn't even pass the sobriety test. Heck, due to a bum knee and hip deformity I doubt I could pass it sober.