Forum Settings
       
« Previous 1 2 3
Reply To Thread

So I got a DUI last night...Follow

#1 Sep 11 2004 at 9:42 PM Rating: Good
****
6,760 posts
Yep, talk about a ****** night. The timing was ironic, as I finally moved to the town that I work in and all my friends and work are real close, much different than what I've been used to for about 5 years. So I have a few beers, it's getting late, and my buddy (who's pretty trashed) needs a ride home. He lives like a mile away, so I figure no biggy. Sure enough, 2 blocks from his house I get pulled over.

I don't think I did horribly on the field sobriety test, but they said I failed. They say I have 3 options. I can take a breathalyzer, get my blood drawn, or refuse either and basically get my licence suspended immediately and I'm screwed. So I opt for the blood drawing, figuring it'll take a little time and raise my chances a bit. So they slap the cuffs on me, luckily they were cool and said they'd park my truck in front of my friends so it wouldn't have to be towed.

I'm a big guy, and riding in the back of one of those cars sucks. My hands are cuffed behind me, and I have to sit kind of side-ways to fit. The cop (who was pretty nice, btw) tells me to lean forward once in a while and move my hands around to keep the circulation going. Which, is pretty much impossible. We end up talking about the war and whatnot, after he found out I spent time in the Air Force. Discussed terrorism, and the Kobar Towers bombing, etc.

We get to the clinic (in the next town) and go in to get my blood drawn. He takes the cuffs off, by this time I got some pretty good creases in my wrists from the pressure, and some of my skin is turning white. They take my blood, and he puts my cuffs back in in front gratefully, as it was much more comfortable. All in all it took probably an hour from when I got pulled over till my blood was taken.

We head back to the detention center, and I inprocess. They frisk me, read me my rights, make me take off my shoes and belt, etc.

Then I end up sitting in jail for about 7 hours. My first experience with that, and needless to say it sucked. It was cold, they had us sitting in a lobby area because all the cells were full, and if you put your feet up on the chairs they yelled at you. If you stood up to stretch and maybe walk around a bit they told you to sit down cause it made them nervous. Couldn't really sleep, the infomercials on TV sucked monkey balls. And it took me six hours or so to get ahold of my friend to come get me out.

My court date isn't till December, I guess it made it longer because it takes like a month to process the blood or something. Anyways, I'll be looking for a lawyer this week, hoping to get reduced charges or something if I was over the limit.

Anyone have any experience with this? This was in Colorado btw.
____________________________
Some people are like slinkies, they aren't really good for anything, but they still bring a smile to your face when you push them down the stairs.
#2 Sep 11 2004 at 9:59 PM Rating: Good
Be proactive,Follow your lawyers advice. You want the charges dismissed if at all possible. Some things that may influence blood tests are medications. Take a list of all meds you may take to the attorney. Ask about going to 12 step meetings or any alcohol counselling. Make sure your attorney has experience with DUI's, he/she will know all this but for your FYI.
Things you can do:
Challenge the blood collection..Did they clean your skin with alcohol?
Was chain of custody followed, and documented?
Medications..Do they contain any alcohol?? Cough syrups are bad for this.
Did they read you your rights?

Good Luck!!
#3 Sep 11 2004 at 11:08 PM Rating: Decent
*
216 posts
oof sorry to hear about the dui, my boyfriend got one about 2 years back. It's very expense and a pain in the butt. What are the Blood alcohol level laws in Colorado? And how many is a "few beers"? cause that's a statement I've heard alot from the drunk person trying to get their keys from me : ) if a few is 3 and it took you about an hour to drink them (and the BAL law is like .08ish) you're probably under the limit. Good luck at any rate :)
#4 Sep 12 2004 at 1:13 AM Rating: Good
*****
16,160 posts
Dumba$$. Everybody should know not to drink and drive.

Totem
#5 Sep 12 2004 at 3:02 AM Rating: Decent
You can be drunk as hell on cough syrup and you will still get a DUI so alcohol in meds ain't gonna help anyway. That is what the warning is on the bottle for. My advice as a person who had a DUI several years ago is to never drink anything and drive again because if you get another you will wish you had just passed out in the restroom.
#6 Sep 12 2004 at 4:57 AM Rating: Good
Ministry of Silly Cnuts
*****
19,524 posts
No sympathy for you at all.

What is it with whiny ******* who know they're in the wrong but try to wriggle out of it? You got caight. Face it like a man, not some slippery little school-kid.
____________________________
"I started out with nothin' and I still got most of it left" - Seasick Steve
#7 Sep 12 2004 at 6:50 PM Rating: Decent
When are they going to set up the gigantic network of pneumatic tubes big enough to ferry a drunk to their home (ala Futurama)?


You promised me a pneumatic network....why won't you deliever?

#8 Sep 12 2004 at 9:49 PM Rating: Decent
I don't particularly feel bad for you, because you're driving on my roads like that, but my advice is that you do NOT skimp on the lawyer. I have an uncle that got 8 DUIs before he spent any time in jail or had his license reduced beyond 'to and from work only' to revoked. One incident involved hitting a school bus.

Of course, if it were up to me, he'd be worm food by now. POS still doesn't understand why I broke his hand when I caught him drinking. Some people never grow up. It's everyone else's fault and he doesn't have a problem.

Take note, AH. Replace the booze with pot and it's you in a few years.
#9 Sep 12 2004 at 10:31 PM Rating: Decent
Quote:
I don't think I did horribly on the field sobriety test, but they said I failed. They say I have 3 options. I can take a breathalyzer, get my blood drawn, or refuse either and basically get my licence suspended immediately and I'm screwed.



Dude whenever talking to the cops never say anything

Thats your constitutional right. Also a police man doens't have the right to suspend your licens on the spot that would have to be done in court, and by the time you got to court you would have a lawer anyway. Refusing to take a drug test is like refusing to testify against yourself in court its NOT an admission of guilt. The best bet would to be to refuse. By the time you go to court the alcohol would be out of your system anyway. Then smile to them and wish them good luck proving that you were drunk. Remember alwasy demand a lawer as soon as possible its your constitutional right.
#10 Sep 12 2004 at 10:52 PM Rating: Good
Quote:
Also a police man doens't have the right to suspend your licens on the spot that would have to be done in court, and by the time you got to court you would have a lawer anyway. Refusing to take a drug test is like refusing to testify against yourself in court its NOT an admission of guilt. The best bet would to be to refuse.


Not true, if you refuse a test, your license can be suspended on the spot. Many states can take your license at the scene, and a refusal is automatically seen as a positive test. OTC meds will affect your test, and how it is interpreted. I should know, I have 3 brothers in law enforcement. The best thing is a good lawyer, and NEVER doing this again.

It was a ***** trying to get away with anything growing up, the yougest of seven kids, and the only girl. The only thing I did that was new was start my period!
#11 Sep 12 2004 at 10:52 PM Rating: Decent
you have no idea what your talking about, they can revoke your license for refusing to take the breathalyzer they just dont do it on the spot... dumbas s
#12 Sep 12 2004 at 10:53 PM Rating: Decent
***
1,701 posts
I've heard to that refusing to take the test is your best bet also. Even if it's an immediate suspension that is usually around 90 to 180 days, way less harsh than the penalty for a DUI. Plus it does make it harder for them to prove you were drunk.
____________________________
If life gives you lemons, make lemonade. Then find someone that life has given vodka and have party.


This establishment does not serve women. You must bring your own.
#13 Sep 12 2004 at 10:58 PM Rating: Decent
You cannot convict someone on the basis that they refused to take the stand.

If you break it down to its basic parts were talking about the exact same principal here.

First off Its MY license nobody is taking it from ME.


Not saying/doing anything is NOT an admission of guilt
#14 Sep 12 2004 at 11:06 PM Rating: Good
It all depends on the laws of your state, Go here for some basic information. Overall get a lawyer before doing anything else.

#15 Sep 12 2004 at 11:13 PM Rating: Decent
Or go to the ACLU they know the constitution.
#16 Sep 12 2004 at 11:15 PM Rating: Good
LOL..You still think the police follow the constitution?
#17 Sep 12 2004 at 11:28 PM Rating: Decent
First off..I had a friend killed by a drunk driver. So the more people they get off the streets that are dumb asses the better. I could care less if you run into a tree and kill your own dumb ***..but your not putting my friends and family in danger. Even if your slightly buzzed/feeling good it still impairs your reaction time to a degree.
Second. I dont know how long it takes to get a BAL done on the civilian side but they get it knocked out in a couple of hours on base. I dont know what the penalty is if you get a DUI but my Uncle refused to take the tests and got 6 months suspended license. He would have gotten a year the judge said but the cop said he was very cooperative other than that and was very respectful.

Edited, Mon Sep 13 00:30:02 2004 by Shurken
#18 Sep 12 2004 at 11:32 PM Rating: Good
****
7,861 posts
Here is the law as it pertains in Colorado, where I believe the Op was caught.
Quote:
First, you have to be under arrest to be asked to take one of the chemical tests.
Secondly, you must also be advised that if you do not take a test your license will
be suspended by the DMV for 1 year. At the DMV hearing the fact of your guilt or
innocence are not relevant. Only whether is was a valid arrest and that you rights
and advisement's were told to you. Of the over 180,000 (1995) persons arrested for DUI
only about 8% elect to refuse the test. Usually it's because of an argument or some
problem with the arrest situation. Once you refuse it is very unlikely that you will have
the license returned by the DMV. Their return rate is less than 5%. Reasons why
someone would have their license returned have been the person didn't understand
the officer because he didn't speak english. Another person had it returned
because wasn't actually driving the car.


So Pieman, you are wrong here.
____________________________
People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome. ~River Tam

Sedao
#19 Sep 12 2004 at 11:50 PM Rating: Good
****
6,760 posts
Actually, if you refuse any sort of test your licence can be immediately suspended for a year in Colorado. So that wasn't an option.

Yes, I got caught. I'm not asking for anyone's sympathy, I screwed up and will have to pay the consequences. However, being that I have a spotless record thus far, and had a spotless record in the military, combined with the fact that it's my first offense and I was not in an accident and did not hurt anyone. I'm hoping I can get the minimum penalty if possible. I have no intention of ever getting behind the wheel after drinking again, so I will take the advice of those who were constructive in their replies, and get a lawyer and work it out the best I can.

For those of you reading this who may have driven in the past after tipping a few, hopefully seeing this bit will make you think twice. I never took the stories I heard in the past seriously, till it happened to me. One good thing that came out of this was that it freaked my friends out. It really hit home for them, and has made them more aware of what can happen if you drink and drive. It was a wake-up call for me too, obviously. Time to re-evaluate my priorities.
____________________________
Some people are like slinkies, they aren't really good for anything, but they still bring a smile to your face when you push them down the stairs.
#20 Sep 12 2004 at 11:57 PM Rating: Decent
Well..i didnt mean to come across as an ***...it gets me emotional sometimes...I cant believe you did it after being in the AF..Maybe its not the same now as it was when you were in..but at Langley..they nail your balls to the wall...but they still treat Underage drinkers worse than the DUI's..i never understood that.
#21 Sep 13 2004 at 12:43 AM Rating: Decent
Quote:
LOL..You still think the police follow the constitution?


As an american i would like to think it that way.


All I'm offering is my own interpretation of the constituion, what is right or wrong, and how the law SHOULD work.
#22 Sep 13 2004 at 1:26 AM Rating: Good
*****
16,160 posts
The problem, Pieman, is your concept of the driver's license. It is not yours, but rather is the State's endorsement of your privilege to drive a motor vehicle. It is well within the State's rights to revoke that license upon you abusing that privilege, ie. refusing to take a sobriety test. When you applied for your license at the DMV, you in essence agreed to the rules that they set in order for you to be granted the privilege to drive upon the State's roads.

You are typical of the ignorant masses who don't know the first thing about driving.

Totem
#23 Sep 13 2004 at 2:20 AM Rating: Decent
Totem wrote:
You are typical of the ignorant masses who don't know the first thing about driving.


That the long thin pedal on the right makes your car move faster, and the somewhat wider pedal just to its left makes your car slow down?

(I swear, people enter a drive-thru and forget how this works. Frequently.)
#24 Sep 13 2004 at 3:52 AM Rating: Decent
haha
haha
laugh

#25 Sep 13 2004 at 6:27 AM Rating: Decent
As Totem stated, a driver's license is a privilege.

There's nothing, anywhere outside of your 'I can do what I want' mind that states you have a right to drive a vehicle.

This is one of those things where so many people are granted a privilege that is is assumed to be a right. Last time I checked, 'Right to drive' was nowhere on my pocket constitution.

And, for the record, you don't have to be convicted of anything to have a privilege revoked. If you think thsi through, you'll realise it.

Some things (off the top of my head) that are not illegal you can get your license revoked for in a LOT of states:

lapsing insurance coverage
having a stroke
having a heart attack
having a seizure
failing an eye exam at renewal time
nonpayment of child support
nonpayment of debt to state
nonpayment of a student loan
failure to update your address information with state


There are lots of things a driver's license can be revoked for and they vary from state to state. If you include stuff where you broke a law, the list is really really long.
#26 Sep 13 2004 at 7:53 AM Rating: Good
****
4,596 posts
Don't drink and drive. Lot's of people die every day because someone else thought that they only had a few so they were ok to drive, and it was only a short distance...

It seems if your friend was only a mile away cab fare should be pretty cheap, or at the worst its not a long walk.
____________________________
Nicroll 65 Assassin
Teltorid 52 Druid
Aude Sapere

Oh hell camp me all you want f**kers. I own this site and thus I own you. - Allakhazam
« Previous 1 2 3
Reply To Thread

Colors Smileys Quote OriginalQuote Checked Help

 

Recent Visitors: 172 All times are in CST
Anonymous Guests (172)