Thread: Got my first DUI last nite...
10-24-2003, 02:58 PM #1
Got my first DUI last nite...
I proceeded to drive home, and was almost at the entrance to my neighborhood. I entered the neighborhood and a police car turned on his lights to pull me over. I obeyed promptly and rolled my window down and the officer immediately asked me if I had been drinking because ‘I smelled like alcohol.’ I responded yes and was told to exit the vehicle to perform some tests.
He did the pen test first, moving a pen back and forth and up and down while another assisting officer was shining a flashlight in my direction at my face. Nothing was said about the results and I was asked to perform another test. This time I was told to stand on my right foot and balance while counting to 30. I proceeded to follow these instructions and kept counting past 30 to demonstrate that I was not impaired. Following this test I was asked to walk the line, however the line turned out to be part of the winding, sloping road near the bottom of the hill on XXxXX Xdrive. I felt I walked the line, toe to toe, without hesitation and the best I could considering the slope and unevenness of the ‘line’ I was told to walk on.
Immediately following this last test I was handcuffed and told that I was under arrest for DUI and led to the cruiser. I asked the arresting officer if my performance on the sobriety tests warranted arrest and he told me that I ‘failed everything pretty badly.’ I was put in the back of the car and the officer told me that my car would remain where it was until things were sorted out. I was told I could take a breathalyzer at the station if I wanted to contest. I was not read any rights at this time nor told what I could or couldn’t do.
Upon arriving at the station and having my cuffs removed I asked for a phone call and I was denied saying that I would get one “soon.” I asked what the alternatives to the breathalyzer were and was told that there were none unless I wanted to go to jail first. Never having been in this situation before, I obediently answered some preliminary questions that were asked and then reluctantly took the breathalyzer. The result came out to be .175 and I asked if I could try it again, to which the response was no. I asked about the calibration of the machine and the officer proceeded to assure me that it was working properly and was calibrated correctly. I proceeded to ask what I could do after failing this test and I was told that after I signed all the paperwork I could go to a hospital and get another test, but that I would go to jail if I refused to sign. The officer also made it clear that getting another test would be pointless anyway. All of my questions must have provoked the officer because I could tell he was getting upset at the fact that I was trying to ascertain what I could and could not do. I felt hurried and pressured to do what I was told to do for fear of possibly doing something wrong and going to jail since I was told about it several times. It was not until after all the paperwork was signed that I was allowed to make a phone call.
Anyone have any advice or could give me some tips to try to beat this? Or am I pretty much screwed because of failing the test?
Last edited by daem; 10-25-2003 at 10:13 AM.
10-24-2003, 03:10 PM #2Originally Posted by daem
10-24-2003, 03:24 PM #3Originally Posted by daem
10-24-2003, 04:48 PM #4
Probly not what you want to hear...but you screwed up from the get go bro.
NEVER answer "yes" to drinking alcohol, never take any field tests, never get out of your car unless they say you "have" to i.e. you are under arrest. Never blow in the machine. Never say anything except "No sir" and "No thank you". You have pretty much gave them all of the evidence the DA needs to convict you. Get a lawyer and hope for the best.
Regarding your miranda rights, they aren't normally the same when it comes to the law enforcement dealing with "impaired" individuals. Usually they will read them to you at the jail sometime later that night.
Regarding your phone call...when intoxicated, you will spend a mandatory 4 hours minimum in the drunk tank...so getting your phone call never is a priority, cause you are going to be there a while anyway.
I know this isn't what you wanted to hear, but it's pretty right on. Good Luck with it.
10-24-2003, 05:08 PM #5
i was under the impression that the miranda rights need to be given when in question.
10-24-2003, 05:20 PM #6
Nope...he voluntarily answered questions, gave field sobriety tests, etc. They word it to make it sound like you have no choice...in reality you do though.
After failing the tests, he is considered impaired in the eyes of the arresting officer. How many drunks do you think they have arrested and read their Miranda Right to and the drunk never remembers it. That's why they don't have to do that when they are arresting you for anything dealing with impairment. They can, and sometimes do, but not required at the time.
Maybe a police officer or lawyer on here can explain the exact intricacies involved.
10-24-2003, 05:25 PM #7Originally Posted by tryingtogetbig
The good news is your alright and you didn't hit anyone.
Best of luck bro!!
10-24-2003, 05:32 PM #8
Damn Deam................I don't know how it is where you are at but here if you refuse the test they take you right to jail and they take your DL. HOWEVER.......you can bail out after 8 hours. My brother was popped last year...drunk as a skunk but like you held it together the whole time. He refused the breath test and I bailed him the next day. His lawyer pretty much had the case reduced to a fine and his DL was given back. His lawyer argued the case on what grounds the officers had in pilling him over and they reviewed the test film..........Do they film there? Check into it. However with you doing the test I don't know how much good that can do you. Best thing to do is get a lawyer............a good one. Bro I'm really sorry to here this. Let us know what happens......................and stop drinking (just a small mention couldn't help it).
10-24-2003, 05:36 PM #9
What TTGB and BLT is right on.....................NEVER say anything. All you have to say is Laywer. Not a nother word. Again sorry for the troubles Bro.
10-24-2003, 06:00 PM #10
Yeah, if ur miranda rights were not read they are at fault and could not be ascertained as that proceeded to do, im not a lawyer my advice is get a good lawyer!
10-24-2003, 06:21 PM #11
The only time they have to read you your miranda rights is for a felony arrest i believe, at least thats the way it is here. i got arrested for PI and had the shit beat out of me and it was on tape but im just a punk kid and so i got like 600 bucks in fines. Oh yah...i got a obstruction of justice charge too because i told the officer i didn't think it was right to threaten peoples lives after he threatened to shoot people and beat em with his maglight.....and man...i had to spend six hours in the drunk tank...that place sucks ass.
10-24-2003, 07:20 PM #12
What was the reason for pulling you over? There has to be 'Probable Cause' for making you take the tests, i.,e., left of center, speeding, rolling a stop sign, etc. If there is no 'Probable Cause' there was no right for them to test you.
10-25-2003, 01:39 AM #13
My best friends' mother died in an alcohol related car accident. She wasn't the one drinking.
As far as the other things, if you don't take the breathalizer you automatically lose your liscence for 2 years, at least in CT. Smelling alcohol is probable cause for sobriety tests, and they could make whatever they want up as a reason to pull you over. A cop can pull you over just to say hi if they want to. All they need to say is "suspicious behavior."
10-25-2003, 10:32 AM #14
the reason i was pulled over was originally for speeding, which i wasn't...i had the cruise control set at 35 mph in a 35 mph zone yet the officer told me i was going 50 mph.
i was given a command when told to get out...'step out of your vehicle sir.'
i said ok and then he told me that he was going to give me some tests. i had no say in the matter.
when i was taken down to the station i never sat in a drunk tank, or anything. my father came to get me as soon as the paperwork was finished. i am confused as to why i can say 'lawyer' any time and stop talking but they couldn't give me a phone call when i got down there so i could get advice. i specifically asked for one but was denied. that was even before i blew into the breathalyzer.
10-25-2003, 10:42 AM #15
I still cant belive you had a drink and then went driving.
10-25-2003, 10:44 AM #16Originally Posted by palme
10-25-2003, 10:50 AM #17
Bro, sounds like that cop railroaded you... sucks.
But if you did blow a .175... man I don't wanna be a jerk but what the heck were you doing driving twice over the limit (I assume it's .08 like here)? I don't wanna nag ya bro, but come on... I am sure you know better.
I guess now all you can do is get a good lawyer and face the music. In a way you're lucky you're not here, you'd in be jail until your preliminary trial and your car would be impounded 60 days and license indefinetly suspended.
10-25-2003, 10:51 AM #18
I feel for you bro. I have gotten off twice after being pulled over. trying2getbig is right..the officer loves to hear someone say I just had a couple or yes I have been drinking. Both times I got off I started right away with an answer of no to that question. Both times I feel I was lucky because there were other individuals in the car that were intoxicated. The first time the officer said he could smell the alcohol quite cleary. I looked in the directrion of my friend that was passed out in the passengers seat and said, he was drinking hard all night and I am giving him a ride home. He took my license and once I came back clear of any warrants he said this word for word, "seeing as I am busy tonight, I am gonna let you go". I couldn't believe it, I had just come from a bar downtown and had been drinking beer and just took 4 shots of tequila, and we were on our way to a friends party. The second time I left Baltimore with some friends after the bars had closed for Atlantic city. I got pulled over in atlantic county, with some bs reason to pull me over. I again told the cop no I had not been drinking. I had a car with 3 drunk friends in it. He did something I did not expect. I was in a compact car and he asked me to step out of the vehicle. As soon as I stood up next to him he said ok, get back in the car. I am 6'4", I guess he just wanted to make sure it was the correct ID or something, he asked me twice if I was the owner of the car. Anyway he wrote me up for speeding and we proceeded to the taj mahal.
The one time I did have to go through the tests, I had just left the store with a friend and downed half a beer on the way to a party. I blew a .01, had to poor out all the beer and was told to go home for the night.
I have numerous friends who have spent anywhere from $4000-8000 for an atty, fines, alcohol classes etc. Now days I am very careful and try to stay put or get a ride.
Keep your head up. It happens to the best people. If this is your first then with a good lawyer, good history, you should get probation but it will cost $ and you won't want to see what happens on a second one.
10-25-2003, 10:54 AM #19
Daem, the road tests you can do it's the breath test you could have refused. As for the phone call............I think that comes after booking. A good lawyer can still help minimize the damages at this point. First offence right? You'll have some fines to pay and maybe community service and some classes.........as for the DL you can get a work License.
10-25-2003, 10:58 AM #20Originally Posted by palme
No sympathy here at all.
10-25-2003, 11:01 AM #21Originally Posted by Juggernaut2148
10-25-2003, 11:10 AM #22
I know what you mean bro.............sucks, but the law dog (no offence to any on board) counts on the fact that the average person does not know what they can and can't do. It will be a pain having to jump through all the hoops they'll have you go through but if all goes right you'll be all right. Just get that lawyer, this is something you don't want to try and handle yourself. Hang in there big guy....................and no more drinking...........well at least when you have to drive. You are lucky.............if someone had been hurt...........we'd have never heard from you for a long while.
10-25-2003, 11:12 AM #23Originally Posted by Juggernaut2148
also, what could they have done if i told them i wanted to remain in my car and then proceeded to use my phone to call my attorney or my parents?
10-25-2003, 11:27 AM #24
They would have nailed you for not obeying an officer.........you did all right bro..........try to relax and wait until you've talked to your lawyer.
10-25-2003, 06:16 PM #25Originally Posted by daem
Now whether or not you give them enough evidence to prosecute the charge is a different story. Make sense? What's worse...a suspended DL...or a suspended DL and DUI conviction?
A lot of times what they are telling you to do is really in the form of a queston. Like "sir do you mind stepping out of your car?" or "You don't have a problem doing a few tests for me just to confirm that you are okay to drive?" Both of those questions are questions that you can answer "No thank you sir." If he asks you to get out, you can ask "Do I have to?" If they say "yes" to that...get your ass out of the car, turn around and lean up against it with your hands behind your back. That's all that will be on video at trial. No proof whatsoever as to whether or not you're intoxicated.
Sounds crazy, but I'm telling you...if you have been drinking and get pulled over, 9 out of 10 times you're going to jail regardless. They figure you don't know your rights and will give in to the tests sooner or later. Sometimes they will even have you do tests on video tape at the jail. People get very scared when they get to jail...and they know this.
Hope it works out bro. The best thing now is to just learn a lesson from it and move forward. We all make mistakes...it's learning to not repeat the mistakes that makes a difference.
10-25-2003, 06:46 PM #26Originally Posted by daem
10-25-2003, 06:48 PM #27Originally Posted by daem
12-07-2003, 03:45 PM #28
NEVER blow in the breathalizer...if you've been drinking its only evidence against you...granted you lose license for 6 months or so, but get a good lawyer (usually high price lawyer can get you out of it)...
12-07-2003, 04:16 PM #29
I can't speak for every state, but in Indiana if you refuse to submit to a chemical test, then you are automatically placed under arrest and your license is suspended for one year. Same as with refusing to take the field sobriety tests. They just mark it down as a refusal and the court generally views that as a failure of the test.
I hope one of our attorney's on the board pipes in on this one. I'm not going to lecture you, but I have seen many fatal accidents roll into the ER that were alcohol related, most of them occuring a mile from the person's residence. You screwed up and hopefully have learned a valuable lesson. Getting arrested is nothing compared to hitting and injuring/killing an innocent person.
As far as your Miranda warning is concerned, they are not required to read you your rights because you are not technically under arrest until you submit to or refuse the certified chemical test. That is the topping on the cake. And further, they are not required to Mirandize you unless they are going to ask you specific questions about the offense. If you volunteer information that is all relative to the arrest. Consult an attorney and it can probably be reduced to a PI charge or reckless driving. This is what they do most of the time in Indiana. It is definitely going to hurt your financials though..Good Luck!
12-07-2003, 06:39 PM #30
All I can say is don't drink and drive... alo of people do it, almost everyone know actually, but it's not smart at all.
12-07-2003, 06:53 PM #31Junior Member
- Join Date
- Oct 2002
nothing you can really do but get the bus schedule
12-07-2003, 07:51 PM #32
Sorry to hear that bro, it ****ing sucks actually. get a good lawyer.
12-07-2003, 09:05 PM #33
How much did you drink that you couldnt believe you blew a .175??????
12-07-2003, 09:37 PM #34Originally Posted by daem
12-07-2003, 09:44 PM #35
Daem, I study criminal law and procedures in college so I can give you a lil bit of advice and explanation here.
First you asked about a phone call. That is a huge misconception of rights. To much TV there bro. No where in case law is there a ruling you have a right to a phone call. It is a courtesy to you by the arresting agency. Some have policies but I have not heard of any legislation local, state, or federal make that a law.
Secondly, you asked what if you stayed in the car. That my friend is a case law. You have to get out of the car if a peace officer tells you too. Reasoning...officer safety. You can blame that one on the conservative U.S. Supreme court. Any stops made by a peace officer can request you exit the vehicle. Upon this command if you do not exit you will have escalated the force continuim and the officer will meet you with equal or escalated force necessary.
Again, impaired begins at .08 that is arrestable. You blew almost twice the limit. .08 begins to weaken your senses imagine at 1.75 You may have not noticed how impaired you were. I have been through sobriety training. I know what the officers look for.
Lastly, you're looking to beat this. Not going to happen unless it got thrown out on a tech but wont happen. They dont have to read miranda. Although, at this time, you were under a custodial arrest, you were not questioned.
*Only before questioning incident to the crime and under custodial arrest (both must occur) do you have to be read your miranda warnings.
In this case the crime was obvious and no questioning was needed. You do have the right to the 5th (self incrimination), 6th (right to counsel), and 14th amendment. Best thing to do is keep your mouth shut at any time and invoke your right to counsel then all questioning must cease and at this time counsel must be appointed to you if you can not afford one one will appointed for you US Supreme Court ruling case law Miranda v. Arizona 1966.
My final advice is, you will have to plead guilty, plea bargain the prosecutor have it reduced to impaired(misdemeanor), take it under advisement for one year and dismissed upon return to the judge. Pay for all court costs and fines. Take some classes, which the judge will probably make u do, and be done with it.
Wont go down as DUI or OUIL (operating under the influence of liq). After one year you can have your record expunged of this and it will not be for public record and wont show up on lein(law enforcement information network). You might even be able to get it reduced to reckless which would be even more golden but that is rare. Depends on how the judge views the case and your priors. Please tell me more of your priors if you would like I can advice you more.
Also, lil bit of information, even though you might get this reduced and taken under advisement, dismissed upon your one year probation, and expunged. This will go down on your master arrest record kept by the state. All goverment and law enforcement agencies can still view this upon a fingerprint identification card sent up to where ever the master arrest record is kept. Will always be there bro. Thats the sad thing. Its a lifer. But it is not for public record or any other viewing parties and protected from the freedom of information act.
Last edited by LuvMyRoids; 12-07-2003 at 10:23 PM.
12-07-2003, 10:52 PM #36Originally Posted by buylongterm
12-07-2003, 11:48 PM #37
And cops are tricky individuals... like when they come to you house. mindif we come in? Yes I mind thank you. I know from experience they try to trick you into saying your guilty even if your absolutly not. Don't cave in!
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