Anybody have any experience with handling a DUI?

[TMagic]

I received one last week.

Long story short. Mother is in the Navy and lives in military housing where you have to show ID to get in. A Department of Defense Officer at the front smells alcohol on my breath and takes me in.

I was not drunk. Not even remotely close as I wasnt even buzzed. I went out had a couple drinks when I first got there and went home about 3 hours later (which is what I've done since forever as I am not a heavy drinker at all and usually drive whenever I go out).

He told me to take the breathalyzer and I refused as I've always heard that you shouldnt when asked.

So I was processed for the first time ever and let out after 12 hours.

So my question is...now what?

Ive never gotten into any type of trouble before, so I dont really know whats the best way to go about handling things.

Any help/suggestions/experiences would be extremely appreciated.

[mattsb84]

Re: Anybody have any experience with handling a DUI?

Lawyer up. It sounds like you were smart enough to not help the police/mps build a case against you, and it doesn't sound like they took you through the ringer as far as tests anyhow. It doesn't sound like they observed drunken behavior either. Any decent lawyer should be able to get the charges dropped for lack of evidence.

[AUChase]

Re: Anybody have any experience with handling a DUI?

I wish I had some advice to give, but each state is different.


My brother-in-law got an open container, because he had a crushed beer can under the peg of his four wheeler. He was riding inside the ditch, in front of their house and a state trooper stopped, because he didn't have a helmet on.. saw the beer can and the bastard hauled him in, just to be a dick... my sister was asleep in the house and he wouldn't even let him go explain to her where he was at. It's the cops like that, who give the rest a bad name.

[NDAlum]

Re: Anybody have any experience with handling a DUI?

What was his probable cause for the arrest? Maybe they have different laws there.

In my opinion you could be arrested on resist/delay/obstruct public officer based on what you said. At that point the officer needs to get a search warrant for your blood.

Also know that when you get behind the wheel of a vehicle you are subject to IMPLIED CONSENT. That means if you are driving a car you agree to be tested for BAC. You can't freely say no to a field sobriety test or intoxilyzer test if an officer has reasonable suspicion you have been drinking.

What was your listed BAC if you don't mind? You can't be charged with DWI for simply having the odor or alcohol coming from your breath. (At least in NC)

BTW I don't deal with DWI's at all...but I know some about them.

[TripleCrown9]

Re: Anybody have any experience with handling a DUI?

The natural thing to do is drown your sorrows...

[jct32]

I know on my base down here there is a zero tolerance policy. As in you can be under the legal limit off base and be good but if you have any trace on base it is considered a DUI. Also, on my base the cops aren't real there are just security guys that are hired and if you get a ticket it only counts on base and doesn't go on your insurance or anything, it just affects your on base stuff.

My only question is was it a base cop and did they bring in the real cops?

[NDAlum]

Re: Anybody have any experience with handling a DUI?

Lawyer up. It sounds like you were smart enough to not help the police/mps build a case against you, and it doesn't sound like they took you through the ringer as far as tests anyhow. It doesn't sound like they observed drunken behavior either. Any decent lawyer should be able to get the charges dropped for lack of evidence.

Quite honestly what TMagic posted doesn't even contain probable cause for an arrest. Either the MP violated the constitutional rights of TMagic or there is more to the story.

I wish I had some advice to give, but each state is different.


My brother-in-law got an open container, because he had a crushed beer can under the peg of his four wheeler. He was riding inside the ditch, in front of their house and a state trooper stopped, because he didn't have a helmet on.. saw the beer can and the bastard hauled him in, just to be a dick... my sister was asleep in the house and he wouldn't even let him go explain to her where he was at. It's the cops like that, who give the rest a bad name.

I've often heard there are three sides to a story: your side, my side, and the truth.

Too many variables to really know what went down. You basically only know what he is telling you. Is it the truth? It might be. The trooper might be a jerk and made a petty arrest.

[NDAlum]

Re: Anybody have any experience with handling a DUI?

I know on my base down here there is a zero tolerance policy. As in you can be under the legal limit off base and be good but if you have any trace on base it is considered a DUI. Also, on my base the cops aren't real there are just security guys that are hired and if you get a ticket it only counts on base and doesn't go on your insurance or anything, it just affects your on base stuff.

My only question is was it a base cop and did they bring in the real cops?

Very interesting

Yea if it's a military base...I have no idea what they do!

[TMagic]

Lawyer up. It sounds like you were smart enough to not help the police/mps build a case against you, and it doesn't sound like they took you through the ringer as far as tests anyhow. It doesn't sound like they observed drunken behavior either. Any decent lawyer should be able to get the charges dropped for lack of evidence.

I did the sobriety test because I was so confident that it would prove that I was plenty capable
of driving and he'd see that and just let me go.

No stumbling, clumsiness, walking off the line, flailing of my arms or anything egregious that would lead him to believe that I was over the limit or incapable of operating a vehicle when I took his test. I did it just a competently as anyone sober could possibly do these unnatural tests.

I wish I had some advice to give, but each state is different.


My brother-in-law got an open container, because he had a crushed beer can under the peg of his four wheeler. He was riding inside the ditch, in front of their house and a state trooper stopped, because he didn't have a helmet on.. saw the beer can and the bastard hauled him in, just to be a dick... my sister was asleep in the house and he wouldn't even let him go explain to her where he was at. It's the cops like that, who give the rest a bad name.

What was even more upsetting was they "locked" me up there at their facility for 2 hours BEFORE they took me downtown to LA county for an additional 12.

Im sitting there thinking Im already home dude. My house is 5 minutes of walking distance away. Just let me walk home. Especially after holding me there in detention for 2 hours. Even if I was under the influence, I'd be completely fine now.

What was his probable cause for the arrest? Maybe they have different laws there.

In my opinion you could be arrested on resist/delay/obstruct public officer based on what you said. At that point the officer needs to get a search warrant for your blood.

Also know that when you get behind the wheel of a vehicle you are subject to IMPLIED CONSENT. That means if you are driving a car you agree to be tested for BAC. You can't freely say no to a field sobriety test or intoxilyzer test if an officer has reasonable suspicion you have been drinking.

What was your listed BAC if you don't mind? You can't be charged with DWI for simply having the odor or alcohol coming from your breath. (At least in NC)

BTW I don't deal with DWI's at all...but I know some about them.

I didnt take the breathalyzer so I dont know what my BAC was. He pretty much only has that he smelled alcohol on my breath.

[TMagic]

I know on my base down here there is a zero tolerance policy. As in you can be under the legal limit off base and be good but if you have any trace on base it is considered a DUI. Also, on my base the cops aren't real there are just security guys that are hired and if you get a ticket it only counts on base and doesn't go on your insurance or anything, it just affects your on base stuff.

My only question is was it a base cop and did they bring in the real cops?

It was off base housing. Not sure if that makes any difference.

And it was DOD or Department of Defense police. Not LAPD or anything.


What really gets me is that he didnt even see me doing any actual DRIVING (swerving, speeding, driving slow, etc). He just came out his booth to check my ID and smelled alcohol when I spoke to him.

[Pappy Knuckles]

Re: Anybody have any experience with handling a DUI?

I unfortunately received a DUI when I was younger but my situation was different from yours because I took the breathalyzer and blew a .09. I had my license suspended for a year (although I was able to drive during work hours), had to go to a class, paid court costs and had my insurance skyrocket. It was quite the learning experience and made me change my ways because it could've been a much worse situation than what it was. In NC if you refuse to take the breathalyzer you automatically have your license suspended, but I don't know what the laws are in Florida. You definitely need to lawyer up and find out where to go from here.

[dickey1331]

Re: Anybody have any experience with handling a DUI?

Im a little confused. Since LAPD wasent called and you arent actually in the military Im not sure how they(base cops) gave you a DUI.

Knowing from first hand experience with another arrestable offense. In Alaska base cops cant give out tickets or arrest dependents they can only "hold" them until the real cops come out. If you are active duty thats a different story so this seems a little odd.

[TMagic]

Im a little confused. Since LAPD wasent called and you arent actually in the military Im not sure how they(base cops) gave you a DUI.

Knowing from first hand experience with another arrestable offense. In Alaska base cops cant give out tickets or arrest dependents they can only "hold" them until the real cops come out. If you are active duty thats a different story so this seems a little odd.

Yeah. I didnt even think about that which is another reason for presenting my situation to you guys to see if theres certain things that I may be overlooking that could help my case.

Again, it was a Department of Defense police of officer that arrested me on OFF base housing.

I just moved back home with my mom a few months ago. So Im not even sure if I get dependent status as Im 25. Nor do I know if that even should matter.

[Koolie G]

Re: Anybody have any experience with handling a DUI?

I'm very familiar with how DUI prosecution works. However, I have no idea if the particular law enforcement agency that arrested you will make a difference here.

Most states suspend your license if you refuse the breath test. If you hadn't had very much to drink, it is always better to take the test. If you think you might be close to the limit, then it's just a risk/reward on your part. If you don't take it, you may be able to win a jury trial or convince the prosecutor that they don't have enough evidence. If you do take it and you are over the limit, then you are screwed. It's really difficult to get out of a DUI if you have a test that is over the limit.

If you got a citation and they say you passed the field sobriety tests then you probably have a pretty good case. If they say you failed the sobriety tests and they smelled alcohol on your breath, then you will have a more difficult time.

In KY you don't have to be "driving" a vehicle to get a DUI. You only have to be operating it, or be in physical control of it. If you are sitting in the car with the engine running and you are drunk, that is a DUI. If you have any other specific questions you can put them here or PM me.

[bigbob]

Re: Anybody have any experience with handling a DUI?

Your first mistake was refusing the breathalyzer. That's enough probable cause for them to arrest you and give you a DUI. They don't need to see you driving. Just last week, a family friend got arrested and given a DUI after someone called the police and they said she seen her driving drunk. The cop drove to her house, her car was parked in her drive-way, they knocked on the door and she was given a DUI after them giving her a breathalyzer.

They never witnessed her driving but they still gave her the DUI because someone told them she was driving, even though again, they had no proof.

You refusing the breathalyzer is equal to you blowing over a .07 in the US and in a cop's eyes.