I Fcuked up!

I havent had a beer for two weeks and I feel better then ever. I don't even think about drinking anymore which is weird because I usually have a couple after work. I am in the process of getting a lawyer since I was told to not try and defend myself in court.

All in all I know this will be a very expensive lesson but I believe it will make me a better person. Anyone out there thinking of driving after a few,, let me just say you ARE over the limit and YES it will happen to you. Take the 20 bucks and get a cab. Just think about my post when your keys are dangling and your friends say lets go!

 

The officer made me do four tests. First being the flashlight and pen back and fourth. I passed. second the stand on one foot with the other raised 4 inches and count from 2001 till he said stop ( 2026 did not lower foot or fall) third was the head back eyes closed and count in my head to 30 sec. Within 1 second of officers watch. last was the 1234-4321 on fingertips in which he said I failed because I did not stop after a certain number of rounds. I paused and waited for 4 seconds while he stared at me after 3 rounds so I continued. He then "told" me that I had to blow in the breathlizer. Later I found out that I had the option of doing this and the officer was suppose to verbally mention it. Did not happen.

 

Can I get the dashboard video tape for my case! The thing that the officer said when he got to the window was "whats that smell" have you been drinking. I said no and I had an atomic fireball in my mouth along with the fact I had just conditioned the leather car seats in which the rag was still in the back seat. The next morning my brother got in the car and said it totally smells like alcohol until I let him smell the rag.

 

I completely understand. Thanks for sharing your story.

 

there was a survey several years ago that said 48% of all drivers had a first offense DUI conviction. I think (but not sure) MADD was the one who released it.

 

I would say taking the breath test is better than blood. Blood doesn't lie. I got lucky/unlucky at same time.

I was stopped on the side of the road waiting for a friend to find me because she was lost. Cop pulled up behind me because I was in a red zone that i wasn't aware of. Even if you are not driving you can still get a DUI.

Got out of the car blew 0.19 on the spot. Luckily there was a fight at place I was at and there were delays to getting to the main jail for testing. I ended up blowing 0.12, 0.11, 0.09. They took the lowest and I ended up with Wet Reckless.

I say a good 75% of my friends have DUI's now. Sad it took us that long to learn. Take a cab, its well worth it. Avoid DUI, killing yourself, or worse someone else.

 

There are 6 clues for HGN (watching the light). Its impossible to pass if you have been drinking. Its an involuntary reaction. YOur eyes dont track smoothly and jerk at maximum deviation (looking at the edge) You need 4 of 6 clues to fail. Last clue is onset nystgmus prior to 45 degrees... that means you are REALLY toasted. If they pass this test I let me drive on... period. For one leg stand, if you sway, raise hands 6 inches from side, hop, put foot down, these are ALL clues. You need 2 clues to fail. If you lifted an arm and swayed at all you could have failed. You must fail 2 of three tests to be arrested. If you were not read or given some sort of statutory warning you will get off with an atty. You should 100% fight your DWI. Your breathalyzer will be invalidated and you will have no PC for arrest with passing 2 of the three nationally standardised tests. If what you say is correct an good DWI attorney will get you off with a 0% chance of conviction. DWI is by far the hardest conviction to get and has the most loopholes to avoid conviction. The other tests you were given (touch fingers and count, count in your head) are for people who are physically impaired and can be thrown out in court with any decent atty. Just the fact he didnt do the walk and turn alone is enough to get you off.

 

Kid at my school got a DUI on monday. he is only 16. third time hes been arested. he has had 2 MIPs one for getting caught stealing beer from a grocery store and one from when he showed up to school drunk and threw up after 12 shots. he got arrested monday after blowing a .07 but since he is a minor anything over .01 is illegal.

 

1. Field breath tests are not admissable and should be refused 100% of the time. They are not accurate at all.

2. They always have to take the lowest breath test. You lose up to .04 BAC per hour. For this reason you should never try to say you have not had anything to drink in a long time. This will just be used to show how your BAC was much higher when the test is finally issued.

 

6 beers in 7 1/2hrs and you blew that???? I think something was fucked up there. That dosen't sound right. I think you got screwed.

 

You know I was thinking the same thing. I would have had to drink 12 beers to get the results of where the officer said I was in the time frame I was there, .11 I know for damn sure I had no where near that many. I was in full control that night and remember everything that happened to the T. After a crap load of searching and investigating there is a thing called a Disconnect case. Which is where the defendants actions and visual impairment does not reflect the results from a BAC device. I did refuse the second breathalizer ( the admissible one for court) and decided to do the blood. Figuring that the extra 45 min would help with the meal I had eaten.
I am in the process of getting a lawyer do to some discrepancys with the whole process. The internet is a wonderful thing.....

 

I don't know, we will see what happens. I know I will never be in this situation again. And I offered all my friends a ride this weekend if they plan on drinking. Trying to do my part.