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

[archibaldcrane]

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.

Most of them do that.

However, people confuse "automatic arrest" with "automatic conviction".

[Tonko]

A few medical facts, a "drink" of alcohol is a 12oz beer, 8oz malt liquor, 5oz wine, or 1.5oz of hard alcohol.

You had 5 doubles of a 70 proof alcohol. We'll assume they were just doubles, and not closer to triples. This was done over 2-3 hour period. This means that by the time you blew for the breathalyzer, you had the equivalence of a six pack in your system still.

Eating does NOTHING to prevent the absorption of alcohol into your system, it only slows it slightly. All of the alcohol will eventually end up in your blood stream regardless of what you eat, or when.

Coffee does nothing other than provide a very slight metabolism boost from the caffeine. It will not sober you up, it will provide a false sense of clarity making you think you're more sober.

Cold showers and any other myth that sober you up faster do not. Time and your liver are the only things that are going to get you sober again. Usually one hour per "drink" of alcohol.

And those of you who say you need way more alcohol to be drunk than most people because you're such awesome boozers and drink all the time are simply more used to feeling drunk, and operating in that situation. You'll still blow drunk on a breathalyzer same as someone who has never drunk before.

[Eanae]

Can't believe people would try and help op out. He's a fucking idiot who got what was coming to him. Probably won't even learn a lesson out of it. Moron.

[miokomioko]

I've always been kinda' curious, and I figure Tonko could answer this:

Depending on the time since drinks were had, is there ever an optimal choice between blood/breath/urine in a sobriety test? Is the alcohol ever more or less detectable via these three means throughout the metabolization process to ever have an affect on which you might want to pick?

Obviously I never looked up the science... but, for example: I figured if you just downed some alcohol, a breathalyzer might record a higher % than a blood or urine test at that point.

[jmc]

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

Dude blew a .191 at the station....probably a few hours after his last drink. Any officer could easily smell it while talking to the OP from the window.

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[Koul]

@Mioko
I would say yes. I know with my interlock it would lock me out if I had just brushed my teeth. Couldn't figure it out until the installer people told me that mouthwash can set it off.

[Tonko]

Well first off urine tests for blood alcohol level are very unreliable. I think it's like for every unit of alcohol in the blood they always do a 1.2 unit in the urine conversion or some such. But not everyone's body will produce that exact amount in the urine, sometimes it'll be 1.2, sometimes it'll be lower or higher.

As for blood vs breath, and the timing issue, it's not my area of expertise. Your blood test will never be inaccurate. That's a very quantitative test, and outside of lab error it won't be off. Breathalyzer tests are subject to calibrations made to the unique device, which may cause a reading that's lower or higher than the actual content.

Basically, if you know you're not drunk, demand a blood test. It's the best safe option that won't fuck you due to calibrations or your freaky kidneys. If you think you are, but hope that a miss-calibration might save you, do a breathalyzer.

But honestly, don't fucking drink and drive. I'm tired of dealing with traumas caused by a drunk driver in the ED. It's never pretty, I'm just glad I don't usually work weekends when it gets really bad.

[Fr34k]

I've always been kinda' curious, and I figure Tonko could answer this:

Depending on the time since drinks were had, is there ever an optimal choice between blood/breath/urine in a sobriety test? Is the alcohol ever more or less detectable via these three means throughout the metabolization process to ever have an affect on which you might want to pick?

Obviously I never looked up the science... but, for example: I figured if you just downed some alcohol, a breathalyzer might record a higher % than a blood or urine test at that point.

Friend of mine told me what he did for his DUI. He refused the breathalyzer on the road, and at the station agreed to take it but stalled for time as much as possible. At the last second he acted like he was getting sick and going to throw up and said never mind do blood. I dunno if it varies state by state but I guess here they had to call in somebody to come draw the blood and that took another 30+ minutes.

[archibaldcrane]

Dude blew a .191 at the station....probably a few hours after his last drink. Any officer could easily smell it while talking to the OP from the window.

I was talking generally, not for a guy nearly 2.5X the limit.

[kuronosan]

Best question ever.

I blew a 0.191, is that high?

No. It's low. Drink more you fucking idiot.

[jmc]

I was talking generally, not for a guy nearly 2.5X the limit.

Ah, gotcha.

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[SephYuyX]

A few medical facts, a "drink" of alcohol is a 12oz beer, 8oz malt liquor, 5oz wine, or 1.5oz of hard alcohol.

You had 5 doubles of a 70 proof alcohol. We'll assume they were just doubles, and not closer to triples. This was done over 2-3 hour period. This means that by the time you blew for the breathalyzer, you had the equivalence of a six pack in your system still.

Help me with my math here.
I only drink hard alchol, never beer, so this intrigues me.

So for the example..
1.5oz is a shot glass (35% 70 proof (watered down crap)), a double being 3oz.
12oz is a can of beer (avg 5% 10 proof (generous)), a 6 pack being 72oz.

So wouldnt a person have to drink 7 beers to = 1 shot?
Or are we measuring by oz? In which 1 beer is like drinking 80 proof?

Not being an ass, just trying to see how the math works, and how beer and liquor equates each other.

[archibaldcrane]

Just multiply ounces by percentages til they all line up.

12 oz beer * 5% = 60.
1.5 oz shot * 40% = 60
5 oz wine * 12% = 60

Obviously stronger or weaker alcohols will differ, but 5% beer, 40% hard liquor and 12% wine are decent enough estimates.

[rezn0r]

Get a lawyer, be ready to spend $2-3k if you want to keep your license. And a .191 is over double the legal limit in most states.

of course it depends where you live, etc. but (not to scare you) $2-3k sounds pretty low for a dui between lawyer fees & any other classes and fines you may have. someone i grew up with is a lawyer now whose cases are 75% DUIs and he's said first offenses start at $6-7k. doubles after that. best of luck with everything, always a shitty situation. i've never gotten one (and i'm not terribly smart in this department) but some friends have, one was even driving my car...

edit: didn't read too far before replying, "what aurik said"

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.

from doing side-IT work at friend's law firm, this is EXACTLY the situation. the head of the firm is an ex-judge, and half the judges are the other way around too.

[Tonko]

Help me with my math here.
I only drink hard alchol, never beer, so this intrigues me.

So for the example..
1.5oz is a shot glass (35% 70 proof (watered down crap)), a double being 3oz.
12oz is a can of beer (avg 5% 10 proof (generous)), a 6 pack being 72oz.

So wouldnt a person have to drink 7 beers to = 1 shot?
Or are we measuring by oz? In which 1 beer is like drinking 80 proof?

Not being an ass, just trying to see how the math works, and how beer and liquor equates each other.

Um here's a page that explains it pretty well, gives average alcohol percentages and conversions for non-standard volumes.
http://pubs.niaaa.nih.gov/publicatio...ket_guide2.htm

[Melena]

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

Your telling me that even with 1-2 beers, an officer a foot or two away from your face shining his mag light in your face to see if your eyes are dilated is NOT going to smell what's on your breath? That's one hell of a sinus congestion you have if you can't.

[Melena]

A few medical facts, a "drink" of alcohol is a 12oz beer, 8oz malt liquor, 5oz wine, or 1.5oz of hard alcohol.

You had 5 doubles of a 70 proof alcohol. We'll assume they were just doubles, and not closer to triples. This was done over 2-3 hour period. This means that by the time you blew for the breathalyzer, you had the equivalence of a six pack in your system still.

Eating does NOTHING to prevent the absorption of alcohol into your system, it only slows it slightly. All of the alcohol will eventually end up in your blood stream regardless of what you eat, or when.

Coffee does nothing other than provide a very slight metabolism boost from the caffeine. It will not sober you up, it will provide a false sense of clarity making you think you're more sober.

Cold showers and any other myth that sober you up faster do not. Time and your liver are the only things that are going to get you sober again. Usually one hour per "drink" of alcohol.

And those of you who say you need way more alcohol to be drunk than most people because you're such awesome boozers and drink all the time are simply more used to feeling drunk, and operating in that situation. You'll still blow drunk on a breathalyzer same as someone who has never drunk before.

Just to emphasize this.

[Cream Soda]

I got pulled over once while drunk (which is funny because I only drink may once or twice a year) on my bicycle. He pulled me over cause I had no lights on my bike (3am), and lol he wasn't even able to tell I was drunk.

When his lights came on, first thing I did was pull out my ID so when he walked up to me I handed it to him and asked if there was a problem, he told me about the lights, lol then he had me flip the bike over so he could read the serial number and make sure it wasn't reported stolen.

Then he let me go w/ a warning, got back on my bike, jammed the Kpop drunk on my 9 mile bike ride home

[Nephlite]

Usually they'll run you through a series of Field Sobriety Tests (FST's) first to waste more time that way. One of the required questions of NHTSA (National Highway Traffic Safety Administration) that teaches officers how to do DUI traffic stops is to ask you when you had your last drink. Usually they try to wait about an hour after your last drink to give you a breathalyzer. Then they usually run you through the battery of FST's so you have a chance to "peak". It also gives the suspect a moment to get all the mouth alcohol out of their breath before they blow their first breathalyzer.

Obviously if you just took a shot of Everclear before you drove, your breath test may be much higher than your actual state of Blood Alcohol Content due to the alcohol being in your actual breath and throat. Most of the time they will actually give you two breathalyzers. So if you blew say a .09 and they ran you through the tests and you passed everything, they give you a second one about 15 minutes later to see where you're at. If it goes up, you haven't peaked yet so they will arrest you. If it goes down, then it means your body is metabolizing the alcohol normally and you should be okay.

In the end, the only thing that will hold up in court is the blood test. The Field Sobriety Tests (One leg stand, walk and turn, breathalyzer, etc.) is just a tool the officer uses to develop probable cause to arrest you for suspicion of DUI (key word there is suspicion). Once you get to the station, there's usually a 24/7 nurse on duty that does blood draw and will test you for your BAC. Once the result comes back, if it's over .08 then you're officially charged with DUI/DWI and your arrest paperwork goes with the lab results.

Even then it's still not a perfect system as you have to factor in height, weight, build, frequency of alcohol consumption, state of the liver, if the person had food or not and is slowly metabolizing the alcohol, and such and such. Like someone mentioned before, especially if you're in a small municipality, you could be waiting for hours to get a blood draw and by then most of the time you can skate the charge if the blood sample doesn't show you're a .08 or over. The only thing the prosecution may have is video of the FST's etc. Some stick, some don't. In my experience DUI/DWI is the second hardest criminal offense to stick to someone (first is Disorderly Conduct) as you have to have a ton of evidence and it's easy to fuck up one portion of the procedure (such as officer doing FST's with a camera but no microphone, etc.)

[Raytheon]

Can't believe people would try and help op out. He's a fucking idiot who got what was coming to him. Probably won't even learn a lesson out of it. Moron.

Sorry, I've never met anyone who's never made a mistake, what's it like, being perfect?