Anybody have any experience with handling a DUI?

[Koolie G]

Re: Anybody have any experience with handling a DUI?

T-magic, I don't know the law in your state but in most states they are required to give you time to call an attorney before you take the test. It is also pretty standard around the country that the Portable Breath Test (PBT) they give you in the field is not admissible in court.

Did they give you any field sobriety tests, such as the HGN (eye test), walk & turn test, finger counting, one leg stand, etc.? If not then you need to talk to an attorney about your options, also mention the asking to call a lawyer and them refusing. They will have a hard time proving impairment if you did well on those tests, if so then that is something in your favor and you should mention it to your attorney.

In general, it makes it a little bit harder for the prosecution to prove the case if you don't take the test, but if you have a trial then they have the trump card of being able to say, "If T-Magic had taken the test we would know if he was drunk or not. He refused so he must be hiding something." The penalties for not taking the test can impact you even if you were not under the influence, especially with your license.

[bigbob]

Re: Anybody have any experience with handling a DUI?

Section 316.1932(1)(a)1.a, Florida Statutes (2007)

Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test.... The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reason to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages....

The only loophole is that if he didn't read that to you, it's possible you can get off but that is the law in Florida, if your City and State are correct on your side bar thing.

[ABR173rd]

Re: Anybody have any experience with handling a DUI?

The only loophole is that if he didn't read that to you, it's possible you can get off but that is the law in Florida, if your City and State are correct on your side bar thing.

The police do not need to read that to you, you sign paperwork when you accept your license and part of what you are signing is informing you that by signing for your license you are giving consent to a breathalyzer test.

[jeremym480]

Re: Anybody have any experience with handling a DUI?

Can we unban MassNole for a day so that we can get TMagic some free legal council?



































On second thought maybe that's a bad idea.

[ANDROMADA 1]

Re: Anybody have any experience with handling a DUI?

<table border="0" cellpadding="0" cellspacing="0" width="100%"><tbody><tr><td style="background-image: url('/vBulletin/images/quotes/04.gif');width:37px;height:1px;" width="37">
</td> <td style="background-image: url('/vBulletin/images/quotes/00.gif');width:100%;height:1px;" width="100%"> Section 316.1932(1)(a)1.a, Florida Statutes (2007)

Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test.... The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reason to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages....
</td></tr></tbody></table>

This only applies to operators of motor vehicles. Which means you must be involved in commerce for this to Lawfully include you. Such as a taxi driver, etc. Not a citizen traveling in their own automobile. Not only that it is only admin law. Not general. Furthermore it is NOT a dually enacted statute. Notice the commercial wording... operator/driver/motor vehicle. Each step of the way you must make the Law work for you, and you do that by knowing your rights and how to enforce them.

[bigbob]

Re: Anybody have any experience with handling a DUI?

This only applies to operators of motor vehicles. Which means you must be involved in commerce for this to Lawfully include you. Such as a taxi driver, etc. Not a citizen traveling in their own automobile. Not only that it is only admin law. Not general. Furthermore it is NOT a dually enacted statute. Notice the commercial wording... operator/driver/motor vehicle. Each step of the way you must make the Law work for you, and you do that by knowing your rights and how to enforce them.

This applies to ALL operators of a motor vehicle. It's everything from civilians to bus drivers to police themselves.

Here's the whole thing for you:

In order for the fact that the driver refused to submit to chemical testing to be admissible at trial, the officer must read the driver Florida's implied consent warnings.The implied consent laws in Florida require that any driver who accepts the privilege of driving a vehicle with the state is deemed to have given consent to submit to an approved chemical test of the driver's breath, urine or blood.

The implied consent warnings in Florida require the arresting officer to tell the person who is allegedly refusing to submit to chemical testing that failing to do so could result in an administrative suspension of their driver license for six (6) months for a first offense, and eighteen (18) months for a second or subsequent suspension.

Section 316.1932(1)(a)1.a, Florida Statutes (2007), provides in pertinent part that

Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test.... The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reason to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages....

The benefit of refusing to take the chemical test in Florida is that the prosecutor has no direct evidence of intoxication. In many of these cases, an aggressive and experienced Tampa DUI lawyer can force the prosecutor to drop the charge from DUI to reckless driving, particularly in Hillsborough County, Pinellas County, Polk County, Pasco County and the surrounding areas

No where does it specifically state that it's only for those who drive for commercial use. I lived in Florida for 8-years, this is exactly how the law works for ALL drivers on the road.

[sbmnky]

Re: Anybody have any experience with handling a DUI?

As others have mentioned, each state has different laws.

California is tough and DUI is not solely for alcohol related offense - DUI also applies to any illegal, prescribed or OTC drug. I have heard stories from people who have been convicted of DUI while operating a vehicle on Ambien and NyQuil.

1st time DUI conviction promises the following in CA:

- 30 day mandatory license suspension (no driving PERIOD)
- 3, 6 or 9-month DUI class
- 3 years of probation (no probation check ins)
- Community service or "volunteering" at a morgue
- As of July 2010, a breathalyzer must be placed in your car to ensure you have 0.0 BAC. Mouthwash can set this machine off and it needs to be calibrated monthly on your dime.

After the 30 day driving suspension, you can request driving privileges to and from work.

When getting pulled over, I believe law enforcement has to present at least 2 of 3 options for testing BAC: Breath, Blood or Urine. Most offer breath and blood. A test refusal is an admission of guilt, period. If you blow, you can always call into the question the accuracy of the device the officer used - it could be calibrated incorrectly.

Any sobriety tests conducted on the roadside are designed to be used against you - you will never pass. Read your police report afterward - it will be full of lies and inaccuracies, but corroborated by the officer's partner.

If you are able to talk yourself into a "wet-reckless" the only difference between that and a full-blown (pun intended) DUI are fine amounts. If you are convicted for a second offense, the "wet-reckless" becomes a DUI and your conviction becomes your 2nd DUI.

When you have multiple DUIs in California you can expect the following:

- 3x the cost of fees
- 18 month DUI class
- 1 year suspension of driving (no driving PERIOD)

Most people don't "feel" drunk at 0.08 BAC, but you'd be surprised at how little it takes to consume before you reach the CA legal limit.

Taxi cabs will always be less expensive than a DUI - in my opinion. If you're that concerned about the cost of a cab, buy a breathalyzer so you know what your BAC is before you get into your car. They are not very expensive and it's a form of protection if you must drive after having a drink or two.

Some argue that a DUI is the most paralyzing offense in CA because not only does the police care about you, but so does the DMV. Not being able to drive in CA, especially LA, is tough.

I wish you the best of luck in your fight.

[ANDROMADA 1]

Re: Anybody have any experience with handling a DUI?

This applies to ALL operators of a motor vehicle. It's everything from civilians to bus drivers to police themselves.

Here's the whole thing for you:



No where does it specifically state that it's only for those who drive for commercial use. I lived in Florida for 8-years, this is exactly how the law works for ALL drivers on the road.

Not true. KEY WORDs ARE IS OPERATORS/DRIVER/MOTOR VEHICLE....Don't take my word for it. Just look up the legal definition of the word. I've won all my traffic cases without even arguing any merits, only legal procedure which they never follow. The word operator does not mean what you think it means.

This may sound silly but...

Are you a traveler or a driver?
Do you have a Motor vehicle or an Automobile?
Are you "driving" or traveling"?
Implied contracts do not abridge Fundamental rights and powers.

Also, those statutes are NOT dually enacted. Its a dog and pony show for the masses imo. FTR get a PASS(person appointed to stay sober) and you won't have to worry about these type of things

[Koolie G]

Re: Anybody have any experience with handling a DUI?

In KY, operator is defined as any person in actual physical control of the vehicle. And a vehicle is any vehicle passing over or upon the highways in the state. Obviously there are some things like tractors, some construction equipment, muscle powered vehicles that aren't considered motor vehicles, but a Car, Truck or anything that you are using to transport people around in, is pretty much a vehicle and trying to argue legal procedure on definitions won't work.

So I would disagree that those only apply to commercial operators. Also, all of those terms are defined in the Statutes. Operator has a specific definition as well as motor vehicle, etc. Here is a link to the definitions statute and a link to the DUI statute for KY. I'm sure FL's are online too.
http://www.lrc.ky.gov/KRS/189-00/010.PDF http://www.lrc.ky.gov/KRS/189A00/010.PDF

Andromada, I'm not sure what you mean by dually enacted statutes. If the legislature passes those statutes, you still don't think they are legally binding?

[NDAlum]

Re: Anybody have any experience with handling a DUI?

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.

It's very common for one to refuse. You go to the hospital and they get a warrant for your blood.

[ANDROMADA 1]

Re: Anybody have any experience with handling a DUI?

In KY, operator is defined as any person in actual physical control of the vehicle. And a vehicle is any vehicle passing over or upon the highways in the state. Obviously there are some things like tractors, some construction equipment, muscle powered vehicles that aren't considered motor vehicles, but a Car, Truck or anything that you are using to transport people around in, is pretty much a vehicle and trying to argue legal procedure on definitions won't work.

So I would disagree that those only apply to commercial operators. Also, all of those terms are defined in the Statutes. Operator has a specific definition as well as motor vehicle, etc. Here is a link to the definitions statute and a link to the DUI statute for KY. I'm sure FL's are online too.
http://www.lrc.ky.gov/KRS/189-00/010.PDF http://www.lrc.ky.gov/KRS/189A00/010.PDF

Andromada, I'm not sure what you mean by dually enacted statutes. If the legislature passes those statutes, you still don't think they are legally binding?

What I mean is these alleged statutes do not conform to policy and procedure as to how laws are written and enforced, let alone to whom they apply. Every state does this. Thats why they can and should be challenged administratively if the defendant knows how to argue those points. I don't have the documents with me right now but I will post what I am talking about later. Most people read statutes and assume that said statute includes them. This simply is not the case. As far as using legal procedure...of course it works. You just have to know how to do it or have sharp legal counsel. Case and point. I had UTC(traffic ticket) about ten years ago in San Antonio. Long story short. I won my case w/o even entering a plea b/c I understand the legal procedures and how traffic laws work. Out of around 200-300 people I was the only one who didn't enter a plea and won the case.(real story) I didn't enter a plea b/c the Cort clerk did not have a verified complaint on file at the court house at the time. So no complaint=no case. BTW a ticket is NOT a Verified complaint.

P.P.S. Drink responsibly

[FlyingFinn]

Re: Anybody have any experience with handling a DUI?

Not true. KEY WORDs ARE IS OPERATORS/DRIVER/MOTOR VEHICLE....Don't take my word for it. Just look up the legal definition of the word. I've won all my traffic cases without even arguing any merits, only legal procedure which they never follow. The word operator does not mean what you think it means.

This may sound silly but...

Are you a traveler or a driver?
Do you have a Motor vehicle or an Automobile?
Are you "driving" or traveling"?
Implied contracts do not abridge Fundamental rights and powers.

Also, those statutes are NOT dually enacted. Its a dog and pony show for the masses imo. FTR get a PASS(person appointed to stay sober) and you won't have to worry about these type of things

In Florida, you are incorrect: Implied consent does apply to everyone with a FL drivers license. In addition, you don't even have to be driving at the time of arrest. You just have to be in control of the vehicle. For example, sleeping in the car with the keys in your pocket.

[erickonasis]

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.

Damm been through this before when i used to drink...Lawyer is always the top priority.

shame this guy was a douchebag and had you locked up over this....

is a departrment of defense the same as a cop?