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

[archibaldcrane]

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.

If you can't "perform" the field sobriety test to the cop's satisfaction (read: never), then they will jump right to the breathalyzer.

Smell of alcohol on your breath is meaningless, they have to have visual evidence of intoxication to put you in the breathalyzer gambit, which is the point of the joke field sobriety tests.

[Tyche]

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.

I dont really agree with much of any of this. Law isn't black and white. Attorneys have good reason as well as judges to not just screw over every regular joe just because they can. Just because you have overwhelming evidence doesn't mean you want to go to trial, a plea deal saves the state a tremendous amount of money.

[Raytheon]

In Germany you can drink and drive, but you can't be drunk and drive....

The documents related to the breathalyzer calibration was a thought I had as well. Common 'trick' used on radar to get speeding tickets tossed.

I just talked to a cop friend of mine that is actually a police officer in town where I got pulled over. He told me this:

"Don't get a lawyer. I just did a DUI interview with a guys attorney last week. All he did was ask me the same questions that were on my report. I asked him, 'Why are you wasting this guys money?' He just brought me in so he could charge the guy $500 for a half hour of wasting my time, so he could say he was working. This is what's going to happen. You're going to plead guilty to 'DUI In The Slightest" and not-guilty for any other charges. They're going to toss out the other charges, give you a fine, and possibly mandatory classes, but it depends on the judge."

He's going to talk to the county attorney tomorrow for me and see what he can do. Here's to hoping.

[FNH]

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.

http://www.ndaa.org/pdf/Citek%20HGN%20article.pdf
http://www.ndaa.org/pdf/sci_law2.pdf

also, @ .191 they can smell it on your stank breath.

[FNH]

If you can't "perform" the field sobriety test to the cop's satisfaction (read: never), then they will jump right to the breathalyzer.

Smell of alcohol on your breath is meaningless, they have to have visual evidence of intoxication to put you in the breathalyzer gambit, which is the point of the joke field sobriety tests.

After my FST I was never asked to take a breathalyzer...

[archibaldcrane]

http://www.ndaa.org/pdf/Citek%20HGN%20article.pdf
http://www.ndaa.org/pdf/sci_law2.pdf

man, you're right, those pen/flashlight tests are 100% accurate and cops on a windy highway can always smell your breath

how could i have been so foolish

get the fuck out of here

[Raytheon]

http://www.ndaa.org/pdf/Citek%20HGN%20article.pdf
http://www.ndaa.org/pdf/sci_law2.pdf

also, @ .191 they can smell it on your stank breath.

Yeah, Jager isn't exactly a subtle aroma lol...

"Sir, have you been eating tremendous amounts of black licorice this evening?"

"No sir."

"Why don't you go head and have a seat right over there."

[Selamis]

Get a lawyer, pay for the service, don't just get the cheapest one. Do some research and find someone that has a good reputation in your county with both the judges and local PD. Most lawyers will offer one free consultation, use this as part of the research process, I can't stress, don't get a cheap one.

There are some tricks to the breathalyzer, if it hasn't been calibrated within I think it's either 60 or 90 days, the DUI is thrown out on the spot since the evidence can't be certified. If you had refused, both times, at arrest and station, you'd be looking at a minimum of a suspended license for 6 months up to a year. As long as there is no hard evidence of you driving drunk, like swerving and on camera from the cop car or witnesses, property damage, hit people, etc, and if there is no breath test, you get the suspension but no DUI. This at least is according to IL law, not sure how it is out in AZ.

You will end up with lawyer costs, and court costs, and maybe community service or counseling classes but if you're lawyer can get you off or at least have the charges reduced to the bare minimum you'll be ok both with insurance and your job....at least you should be. When I got one almost 6 years ago, I ended up needing to go to a MADD class, and 20 hours of awareness classes at a counseling center but I didn't lose my license, nor did my insurance go up because they got it bumped down to some sort of misdemeanor instead of a DUI, though I was respectful the whole time and cooperated with everything, that worked in my favor since the cops testified that I wasn't driving erratically but that they had pulled me over for my limo grade windows tint on all windows (which is illegal in IL for anything other than the rear windows.)

There was also a year of probation which I guess helped with the non price hike of insurance issue. I was driving on a ticket for the tinted windows, but as soon as I paid off the court costs I got the physical license back. I was prepared though to lose it outright, and have to get a work permit that allowed me to drive during certain hours, but it never came to that. But yea, next time remember "no sir, I was not drinking" and always refuse the sobriety tests.

Edit: Thread moving fast while I typed that, if you already talked to a cop friend, lol. Just going off my personal history.

[Aksannyi]

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.

In Germany they are also able to breathalize you up to like 12 hours (or something, can't remember) after you've been involved in an accident, so if you wreck your car and then go get fucked up (which I'm sure quite a few people do), you can get crucified for drunk driving and causing an accident even if you were under the influence of absolutely nothing while driving and nowhere near your car while drinking. They used to warn us about that when I was stationed over there.

Pretty fucked up.

[DAKPluto]

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.

The 30 minutes is most likely only in case of portable analyzers and if the BAC is "close" to the legal limit. You were double the limit that long after, so you pretty much can't claim that time had an effect on the results.

And yes, the cop did a good thing. At that BAC, you were operating a deadly weapon, not a car. And don't trust your memory of the field test. At that level, odds are your memories of the event are drastically distorted. If the cop had a dash cam going of the test and you were to witness it, you would most likely be shocked at your actions during it.

[FNH]

cops on a windy highway can always smell your breath

how could i have been so foolish

get the fuck out of here

The windy condition gambit you sneaky dog

[Raytheon]

The 30 minutes is most likely only in case of portable analyzers and if the BAC is "close" to the legal limit. You were double the limit that long after, so you pretty much can't claim that time had an effect on the results.

And yes, the cop did a good thing. At that BAC, you were operating a deadly weapon, not a car. And don't trust your memory of the field test. At that level, odds are your memories of the event are drastically distorted. If the cop had a dash cam going of the test and you were to witness it, you would most likely be shocked at your actions during it.

You're absolutely right, I hope there's no video, cause I'd hate to watch it and be like, "Damn....."

Thanks for the story/advice Selamis/Aks.

I was completely compliant and respectful with everything aside from doing the portable BAC test. Hell, they arrested this chick while I was in there for being stoned and possessing marijuana. My officer was right outside my little window processing me on his computer, I lean over and said, 'Damn hippies." and he laughed. When he gave me a ride back to the bar (which is pretty damn courteous imo) I found out we were both in the Air Force and both stationed at North Dakota, so he was my arresting officer AND my wingman that night. He lets me out, we shake hands, I thanked him, and I was on my way.

Nothing I really expected out of an arrest, but watching COPS probably skews that lol....

[archibaldcrane]

But really, the key is if you get pulled over while you are smashed, keep one of those pocket-sized bottles of vodka with you (filled with water). As soon as you're pulled over, turn off the car, get out, and chug the bottle while outside the car, then smash it on the ground.

This way, if you show evidence of intoxication there is no proof it was while you're driving.

http://27.media.tumblr.com/avatar_6feb8634e3d0_128.png

[Raytheon]

But really, the key is if you get pulled over while you are smashed, keep one of those pocket-sized bottles of vodka with you (filled with water). As soon as you're pulled over, turn off the car, get out, and chug the bottle while outside the car, then smash it on the ground.

This way, if you show evidence of intoxication there is no proof it was while you're driving.

http://27.media.tumblr.com/avatar_6feb8634e3d0_128.png

lmao fucking brilliant. Worth getting tased over lol!

But what about the littering charge?

[Cail]

lmao fucking brilliant. Worth getting tased over lol!

But what about the littering charge?

Littering and...

[archibaldcrane]

littering and...

[Kellanved]

I dont really agree with much of any of this. Law isn't black and white. Attorneys have good reason as well as judges to not just screw over every regular joe just because they can. Just because you have overwhelming evidence doesn't mean you want to go to trial, a plea deal saves the state a tremendous amount of money.

slightly off topic, but you missed the point. The above argument is only slightly more subtle than your previous comment. While all things are of course subject to interpretation, it is for the courts to "say what the law is." This is why there is a court of last resort. It ends somewhere.

The vast majority of criminal cases are plead away in this country right now (the accuracy of your initial statement is not the question of course). While the judicial system can and should serve utilitarian goals, to what extent should it do so at the expense of other valid societal goals?

Furthermore, following and applying the law independently of politics does not "screw over" anyone. Average joe or otherwise, a criminal is a criminal. To the contrary its when political considerations are involved that average joes will be getting screwed. What happens to the fellow that doesn't have enough money to retain counsel? (really more like "counsel's political influence")

[Raytheon]

Littering and...

FUCKING LOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOL

Well played sir, well played. /slow clap

[Churchill]

Do you still lose your license forever after a DUI in Germany/Europe? I prefer that route.

[Lordender]

There is new laws in some states now where if you refuse a breath test its an automatic arrest, I am pretty sure Louisiana does it now.