Anybody have any experience with handling a DUI?

[gerg1234]

Re: Anybody have any experience with handling a DUI?

Well they are supposed to tell you what your options are and what happens when you refuse, but a lot people either just don't truly understand what they are hearing or are intent on refusing. And no cop is going to try and plead with them to reconsider their refusap. A refusal makes the cops job so much easier and involves a lot less paperwork.

Plus police officers are not supposed to give legal advice.

you have 15 minutes to contact a lawyer. I think that would be the best plan of action.

[TMagic]

you have 15 minutes to contact a lawyer. I think that would be the best plan of action.

I asked to make a phone call, to which he refused to let me.

[IndianBird]

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.

If you weren't drunk, why not just take the breathalyzer?

If not drunk, you'd pass it and be on your way.

[jeremym480]

Re: Anybody have any experience with handling a DUI?

If for whatever reason your driving and you know your drunk, then yeah refuse the breathalyzer (I do not condone drinking and driving, always get a ride). However, if you have a good feeling that you're below the legal limit, then blow. If you refuse it's basically like admitting that you were **** faced. Unfortunately, the bad advice that you were given has just opened a major **** storm on your life. Good luck with that.

[Gotmadskillzson]

Re: Anybody have any experience with handling a DUI?

Damn.........14 hours is a long time. I mean in processing should have clearly seen you weren't drunk and let you go way before that.

[TMagic]

If for whatever reason your driving and you know your drunk, then yeah refuse the breathalyzer (I do not condone drinking and driving, always get a ride). However, if you have a good feeling that you're below the legal limit, then blow. If you refuse it's basically like admitting that you were **** faced. Unfortunately, the bad advice that you were given has just opened a major **** storm on your life. Good luck with that.

But what does it take to blow over the .08 BAC limit?

Sent from my MB860 using Tapatalk 2

[gerg1234]

Re: Anybody have any experience with handling a DUI?

But what does it take to blow over the .08 BAC limit?

Sent from my MB860 using Tapatalk 2

1 drink per hour (12 oz beer, 1 shot of hard liquor, 6 oz of wine) would be .02 BAC. I think your body can metabolize .02 per hour...so if you drank 4 beers in an hour you'd have .08 but it would take 4 hours to metabolize it all out of you system.

At least that's how I remember it working.

[bigbob]

Re: Anybody have any experience with handling a DUI?

1 drink per hour (12 oz beer, 1 shot of hard liquor, 6 oz of wine) would be .02 BAC. I think your body can metabolize .02 per hour...so if you drank 4 beers in an hour you'd have .08 but it would take 4 hours to metabolize it all out of you system.

At least that's how I remember it working.

That's for an average sized person, which who knows what that is anymore. It would show up differently for a 6'4", 300lb guy then it would for a 5'10", 200lbs guy.

[superjames1992]

Re: Anybody have any experience with handling a DUI?

Got to thinking about how many drinks it takes to be over the limit. Like if I, being 185 and pretty solid, have 2 drinks, does it register the same as a female weighing 120 lbs? In other words, is the test an absolute or relative number? And is .08 going to have the same effect on us in terms of mental/physical/visual acuity?

BAC is a percentage, so it is irrelevant how big or small you are. Of course, a heavy drinker will seem "less drunk" at .08 BAC than a light drinker, but it's all the same.

A female weighing 120 lbs. would reach .08 quicker than you, being 185 lbs., would, but 0.08 is 0.08 and it makes no difference once you are there.

Not saying you're incorrect here, you're probably right, but that seems to go completely against innocent until proven guilty no?

Not advocating drunk driving, but simply bending over and complying to the police seems foolish. I'm not obligated to help them prove a case against me and if I don't help them, that shouldn't be held against me. They should be able to prove their case without me consenting to their requests. Unless they have a warrant, it shouldn't be held against me.

As I understand it, legally, driving is a privilege and not a right, so I am not 100% sure that it applies here. Of course, this will vary state-by-state.

[55]

Re: Anybody have any experience with handling a DUI?

Not advocating drunk driving, but simply bending over and complying to the police seems foolish. I'm not obligated to help them prove a case against me and if I don't help them, that shouldn't be held against me. They should be able to prove their case without me consenting to their requests. Unless they have a warrant, it shouldn't be held against me.

Best paragraph in this thread.

[TracerBullet]

Re: Anybody have any experience with handling a DUI?

If for whatever reason your driving and you know your drunk, then yeah refuse the breathalyzer (I do not condone drinking and driving, always get a ride). However, if you have a good feeling that you're below the legal limit, then blow. If you refuse it's basically like admitting that you were **** faced. Unfortunately, the bad advice that you were given has just opened a major **** storm on your life. Good luck with that.

My cousin had a DUI recently and he didn't know the law about not blowing (I did, but I wasn't around or I would have told him since he wasn't drunk). But up here, it's an automatic loss of license for a year with refusal to blow. He ended up winning the case, but man if it wasn't a hassle for him that weekend (and the next few months). He also missed watching a Packers' game for the first and only time last year while in jail .

[FlyingFinn]

Re: Anybody have any experience with handling a DUI?

The way most state laws are written, not blowing causes more harm then good. In Florida, they screw you on 2 fronts. First you have the criminal charge and second you have the DMV suspension. So even if you are found not guilty in court, the DMV suspension can still be upheld and you lose your license for 6 months anyway.

[Phobia]

Re: Anybody have any experience with handling a DUI?

My sister has 2 DUI on her record and breathalyzed on one and not the second one. First one she was in WAYYY more heat and lost her license for a year. The second one, the one she did not breathalyze for she was back driving in couple weeks.

Take it for what its worth, every situation is different. In her situation she spent no jail time and lost her license AFTER she took the test. Then when declined the test spent no jail time, did not lose her license, and did some community service.

[Stu]

Re: Anybody have any experience with handling a DUI?

The important thing to keep in mind is that laws are different in every state. So when somebody tells you not to do the breathalyzer make sure a) they know what they're talking about and b) they're from the same state.

In Massachusetts it's a mandatory 180 day license suspension for not blowing plus the suspension for any other evidence they have (field sobriety test, etc). So if it's a first offense it's generally better to do the breathalyzer unless you're really ****faced.

Also in Massachusetts I think the breathalyzer the cop gives you in the field is not admissible, only the breathalyzer given in the station can be used against you.

[ABR173rd]

Re: Anybody have any experience with handling a DUI?

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.

Where were you detained as a civilian? Did they take to you the closest civilian police station or did they detain you on post? Either way as others have said get a Lawyer ASAP.

I know that people seem to think that refusing a breathalyzer helps their case when in reality depending on the state by refusing a breathalyzer you are typically charged with the highest level of DUI/Punishment which typically coincides with your BAC. level.

Hopefully you also refused any of the field sobriety tests as they are pretty subjective and solely used to boost the officers case.

When you talk to your Lawyer find out where you can get a substance abuse evaluation done and do it, then enroll yourself in one of the programs. These are things you will have to do regardless and it will only help you by having it done before you go to court.