anybody ever get a DUI??

[QuaiChangKane]

The funny story from my class was the diabetic alcoholic that lived 4 blocks from a donut shop....

After making it home from a bender, he gets a hankering for a donut at the wee hours of the morning. Instead of walking, he jumps in his car and ends up running up the curb and parking on the trash can in front of a donut shop full of cops.....


Too convenient to be true....

 

[John]

damn everyone's got a different story on the laws behind a DUI.

I got one...and if anyone says suck it up you were drunk, tell them to lay off and go have a drink.
It's not worth the crap you get with your record and 7 years of hell on your driving future.

I was at 0.088 in the field (8-thousandths of 1% over the limit)...with a machine that can be off by .5% easily. I was at 0.06/0.07 in the office when they took me in. I passed all my field sobriety tests, and they said I failed them all. Cops are cops for one of two reasons (to serve and protect, or for the ego trip). So you don't have good chances of them letting you go. Even as low as I was. And you can be at .1+ and still be "ok to drive" but legally you're screwed.
Don't listen to anyone that says do the time, take the hit on your record, etc. Not something that you'll like ringing in your head for the next 7 years. I wasn't drunk and I learned my lesson after $7grand to get it dismissed.

And no, I didn't get my license suspended because I was under when I was taken in. And YES ALWAYS get a lawyer, even if it's a public defender. They have a job for a reason. Most of the time your case can get lowered to a dry reckless unless you were pissin 151.

 

[herpantes]

damn everyone's got a different story on the laws behind a DUI.

I got one...and if anyone says suck it up you were drunk, tell them to lay off and go have a drink.
It's not worth the crap you get with your record and 7 years of hell on your driving future.

I was at 0.088 in the field (8-thousandths of 1% over the limit)...with a machine that can be off by .5% easily. I was at 0.06/0.07 in the office when they took me in. I passed all my field sobriety tests, and they said I failed them all. Cops are cops for one of two reasons (to serve and protect, or for the ego trip). So you don't have good chances of them letting you go. Even as low as I was. And you can be at .1+ and still be "ok to drive" but legally you're screwed.
Don't listen to anyone that says do the time, take the hit on your record, etc. Not something that you'll like ringing in your head for the next 7 years. I wasn't drunk and I learned my lesson after $7grand to get it dismissed.

And no, I didn't get my license suspended because I was under when I was taken in. And YES ALWAYS get a lawyer, even if it's a public defender. They have a job for a reason. Most of the time your case can get lowered to a dry reckless unless you were pissin 151.

Field sobriety tests are 15 minute observation. In other words, they wait 15 minutes to see if you "absorb". They dont care if you walk the line, they want to see how you behave 15 minutes later. 99% of the people that I know who have received a DUI never got a field sobriety test.

I mean, In all reality people, how much does a fucking cab cost. Don't be the stupid asshole, dont ever drink and drive. I am constantly astounded by people who drive to clubs, parties, bars, etc.

You KNOW you are going to be drinking. Dont be a dickhead. Just take a fucking cab. I mean, maybe you fucking hit someone. In an honest to god "accident". Why automatically make yourself at fault?

Most of the people on this board are in metro environs. How much could it possibly cost you to get to a bar? All you have to do is blow .07 in a fenderbender, and you will be the bad guy. Booze is wonderful. Love the stuff. Drink it at home, drink it at the pub with a designated driver, or drink within walking distance. Anything else is fucking stupid.

 

[John]

Field sobriety tests are 15 minute observation. In other words, they wait 15 minutes to see if you "absorb". They dont care if you walk the line, they want to see how you behave 15 minutes later. 99% of the people that I know who have received a DUI never got a field sobriety test.

I mean, In all reality people, how much does a fucking cab cost. Don't be the stupid asshole, dont ever drink and drive. I am constantly astounded by people who drive to clubs, parties, bars, etc.

You KNOW you are going to be drinking. Dont be a dickhead. Just take a fucking cab. I mean, maybe you fucking hit someone. In an honest to god "accident". Why automatically make yourself at fault?

Most of the people on this board are in metro environs. How much could it possibly cost you to get to a bar? All you have to do is blow .07 in a fenderbender, and you will be the bad guy. Booze is wonderful. Love the stuff. Drink it at home, drink it at the pub with a designated driver, or drink within walking distance. Anything else is fucking stupid.

werd

as for me driving, we did go to a club, we did drink, i didnt drive that night. we left the club and ran into other friends who were leaving the club. they were so drunk they couldn't walk straight and i knew i was ok to drive so i volunteered to take them home in their car. i ran a yellow light and pulled over to wait for the car behind us to get a green and a cop came up behind me after i pulled over. the cop lied about the field tests, the cop threw away my gum out of my pocket and mouth without reporting it, the cop lied about me running a red light, the cop lied about the state of my eyes, breath, etc. and i was implicated. so i dont feel bad, i believe i wasn't in the wrong, i took a fatty one for the team, but i still agree...no matter what get a cab.

 

[fried_tofu]

never gotten a dui. can't help you there. call the bar association, tell them your situation, and they can refer you to a lawyer.

 

[daventura]

Most first time DUI's can or will be downgraded to a WET reckless. Less fine, less school, 48 hours in the pokey. SR-22 for a year or two, probation. Best advice is don't drink. Or if you must, make travel plans before you start. I got pulled over because of a headlight being out, blew a .08. Banged on the fender, headlight came back on. Cop could have let me walk home from there, but instead arrested me and impounded the car. Live and learn. If convicted, it is ALWAYS on your criminal record, but only shows up on your DMV for THREE years.

 

[scootergmc]

If convicted, it is ALWAYS on your criminal record, but only shows up on your DMV for THREE years.

Nope, and trust me on this one, I've seen the DMV and Criminal records. DUI convictions including a wet reckless show for 7 years on your DMV. Generally (at least here in CA) DUI's don't appear on a CRIMINAL record (CII) unless they are a felony or possibly involve injury, which usually makes it a felony anyway.

If you ever get popped for DUI with a BAC of .08 or .09 you should be able to get off with a wet reckless. If you walk into your arraignment and plea to the DUI, you suck. Even public defenders can get you knocked down. You don't have to fail FST's to get a DUI, I've seen reports with guys who nail their FST's and have BAC's above .08. FST's mean nothing in Court when they have a BAC.

 

[mercurial]

Not completely - even he's bound by the law. The cops snatched my license on the spot.

what does having your license snatched at the scene have anything to do with the judge's discretion? thats standard policy for law enforcement, it has nothing to do with the judge's ability to reinstate your driving privalege at a later date.

I only had to file for one year. You got shafted.

Ive read in several different places that 5-7 yrs was the regular time period for enforced SR-22 filing. Mines still filed (although it might not need it anymore, I'll have to check that out). It doesnt cost me anything to maintain SR-22 filings, so I dont think I got "shafted", but thanks for the opinion.

From the instructor of the DUI school I attended.

Your instructor is full of shit.

Getting a DUI when you are a passenger and your driver is drunk?
What if you were drunk also, how would you be expected to realistically judge the DD's state of mind? Any provision like this would get defeated in court in a snap, its totally unenforceable. I'll bet anything the instructor was just trying to scare everyone.

I'm relaying the law as it's written, not the law as it's practiced. There is no "realistically" wrong - these things are true, period. If you are operating any form of transportation other than your feet, you can recieve a DUI citation if your BAC is .08% or greater.

well I can't really argue against the theoretical possibilities of getting a DUI on roller blades. but as you say, its not practiced, it simply doesn't happen. which makes it pretty irrelevant to the discussion here.

And for chrissakes, don't go wasting the state's time and our money by dragging out your court proceedings - you most definitely won't save anyone's money by "bargaining with the DA". How many judges do you think actual plea bargain a DUI when they have a positive test result as evidence? DUI sentencing takes 15 seconds. Gavel clacks, bailiff hands you your paperwork. But once your ambulance chaser starts waggling his gums, you're wasting everyone's time and money - especially the other poor slobs waiting behind you in line for their sentences. I'm sure they'd much rather be back at work earning the money they'll have to pay in DUI fines....

I didn't have to go to court for my DUI, I was underage and the cops cut me slack. didn't press criminal charges against me.

however, I have gone to court for other criminal charges. Its pretty standard practice to plead "not guilty" to your charges unless you are cool with getting a sentence that is very hefty.

In order to save time and money, the DA then bargains (not the judge. i dont know where you got your info that a judge ever plea bargains). You then either accept that deal, or you go through trial with the risk of getting a sentence close to or maybe a bit harsher than if you plead guilty.

ambulance chasers, wasting time, whatever bro. If you've ever been outside of traffic court, you'd know what I was talking about.

 

[mercurial]

Actually, I got off quite easy. See, I had a DUI, but I was being tried for 3 things. Sentence enhancements because of the amount of property damage, and because my BAC was so high. Above .20 makes things very very bad. My father got 5 DUI's in 10 years. I have seen how nasty the sentences can get. If I had walked out of that courtroom seeking a lawyer who had NO hope of disproving any of the charges, I would have lost my license for a year and gone to jail for 60 days. Instead, I was able to drive to work again within 30 days, and only spent the one night in jail.

So basically, in exchange for less bullshit, and less taxpayer burden, he dropped all of my sentence enhancements. I am very thankful.

Oh and on a sidenote, you can receive any amount of probation for a first offense depending on the circumstances. I got 5 years, but I am able to go see a judge and get it cleared after 3 because I have been a saint ever since. Donomans summary of the sentencing is pretty good, keep in mind the DUI program will likely cost as much as your fines. But when you hit something or your BAC is too high and any other number of other circ's, that is when they really take you to the cleaners.

One lady in my program had her kids in the car and she was in DEEP shit.

The funniest story from my DUI program was the guy that passed out in the taco bell drive through. When the line got long enough they just called the cops. Poor fucker.

As I said in my last post, I got off easy on the DUI. I'll admit that I have never experienced the special DMV DUI court. but I've been to court for other criminal charges, and pleading "not guilty" is practically standard policy.

Pleading guilty ends your negotiation right then and there. no going back, you are at the mercy of the court. Most people would expect the judge to be honorable, but its not that simple; they'll give you less than the max but significantly more than if you held out and bargained. No one wants to go to trial. its in everyone's interest to bargain.

 

[QuaiChangKane]

what does having your license snatched at the scene have anything to do with the judge's discretion? thats standard policy for law enforcement, it has nothing to do with the judge's ability to reinstate your driving privalege at a later date.

Sure he can reinstate. But he doesn't have full discretion - there are mandatory minimums he has to follow based on what you're convicted of. And regardless of what he decides is just punishment for your offense, he can't overrule the DMV.

Ive read in several different places that 5-7 yrs was the regular time period for enforced SR-22 filing. Mines still filed (although it might not need it anymore, I'll have to check that out). It doesnt cost me anything to maintain SR-22 filings, so I dont think I got "shafted", but thanks for the opinion.

It may not cost any more monthly for your SR-22, but it will cost you a filing fee if you decide to change insurance companies. It's also a violation of your license restrictions if you should forget to do so when you change insurance companies, and can result in a license suspension.

And you're welcome.

Your instructor is full of shit.

Getting a DUI when you are a passenger and your driver is drunk?
What if you were drunk also, how would you be expected to realistically judge the DD's state of mind? Any provision like this would get defeated in court in a snap, its totally unenforceable. I'll bet anything the instructor was just trying to scare everyone.

Yes, this is true -while you're on probation for a DUI. The fact that you're so drunk that you can't decide whether or not it's safe for you to get behind the wheel with someone else that's been drinking is simply further evidence that you have a problem with alcohol - and that you haven't changed any of the habits that most likely caused you to recieve a DUI in the first place.

well I can't really argue against the theoretical possibilities of getting a DUI on roller blades. but as you say, its not practiced, it simply doesn't happen. which makes it pretty irrelevant to the discussion here.

It's pretty damn relevent if you're the dumbass that figured he'd be safe riding his snowmobile home from the bar while his license was suspended for DUI.

I didn't have to go to court for my DUI, I was underage and the cops cut me slack. didn't press criminal charges against me.

Well that makes it all better then, doesn't it?

ambulance chasers, wasting time, whatever bro. If you've ever been outside of traffic court, you'd know what I was talking about.

Damn. You found me out. Guess I'm not part of the "in" crowd anymore, eh? BRB - I'm gonna go knock over a liquor store....

 

[mercurial]

Sure he can reinstate. But he doesn't have full discretion - there are mandatory minimums he has to follow based on what you're convicted of. And regardless of what he decides is just punishment for your offense, he can't overrule the DMV.

Manditory minimum sentences are an entirely different animal. Obviously they remove discretion on sentencing.

According to the DMV website, the judge appears to act like a referral. He decides if you can get a restricted license, and then upon completion of certain steps (DUI school, reissue fee, proof of financial responsibility) the DMV grants the license.

your contention that the judge cannot overrule the DMV appears erroneous. they work together but with separate roles.

It may not cost any more monthly for your SR-22, but it will cost you a filing fee if you decide to change insurance companies. It's also a violation of your license restrictions if you should forget to do so when you change insurance companies, and can result in a license suspension. And you're welcome.

thanks for telling me alot of simple, common sense stuff I already know. Honestly, this info has nothing to do with our discussion, it almost looks like you are just bullshitting around in some strange attempt to prove that you know what you are talking about.

Yes, this is true -while you're on probation for a DUI. The fact that you're so drunk that you can't decide whether or not it's safe for you to get behind the wheel with someone else that's been drinking is simply further evidence that you have a problem with alcohol - and that you haven't changed any of the habits that most likely caused you to recieve a DUI in the first place.

Look, you have no factual advantage here unless you can point to a specific case or a Penal Code that validates your statement.

It may well indicate that you have a drinking problem if you and your buddy are driving around, completely sloshed at 3 AM.
Nevertheless, such a charge would be nearly impossible to convict someone on (IMO).

Well that makes it all better then, doesn't it?

way to respond to my comment like a smartass.

The point of me saying that I didn't go to court for the DUI was a concession on my lack of knowledge surrounding a DMV specific hearing (vs standard criminal court).

Damn. You found me out. Guess I'm not part of the "in" crowd anymore, eh? BRB - I'm gonna go knock over a liquor store.... [/B]

Don't be ridiculous. The simple fact is your're clueless about how negotiations between defense lawyers, DAs, and judges really work. But hey, if acting all juvenile about it makes you feel better, go for it.

 

[daventura]

DUI convictions including a wet reckless show for 7 years on your DMV.

Maybe I am confused. I thought my DMV printout only went back THREE years. Is it different now? I understand that any drinking and driving conviction can still be used against as a prior for SEVEN years, but does it still show up on the printout? Please clarify.

 

[cyberena]

Nope, and trust me on this one, I've seen the DMV and Criminal records. DUI convictions including a wet reckless show for 7 years on your DMV. Generally (at least here in CA) DUI's don't appear on a CRIMINAL record (CII) unless they are a felony or possibly involve injury, which usually makes it a felony anyway.

If you ever get popped for DUI with a BAC of .08 or .09 you should be able to get off with a wet reckless. If you walk into your arraignment and plea to the DUI, you suck. Even public defenders can get you knocked down. You don't have to fail FST's to get a DUI, I've seen reports with guys who nail their FST's and have BAC's above .08. FST's mean nothing in Court when they have a BAC.

yeah thats what i thought, i was suprised to read the people who went in withot a lawyer.

when i had to hit court for my throttle getting stuck charge, the judge made it very clear to me what would happen to me if i didnt get a lawyer.

when still in jail, didnt post bail, they put you in front of courts to process you. everyone had their different reeasons to be there, and in my case, it was to process if i could be released or not.

the judge made it very clear to me what the results are if i got a lawyer vs not lawyer even tho i was of course guilty. said i would face SIGNIFICANT jail time if i dont get a lawyer, and even the jailmates who are sitting down beside me in a line waiting their turn to face the judge were urgently whispering to me SAY YESSSSSSSSSS, they will REELLLEEEASSSSEE you.

of course, they were more experiencd, i took their advice.

another jail mate told me, most important, get a lawyer, else you will get screwed. he ssiad he's been in jail since he was 18 at least a 100 times.

so... with their great expertise and experience that i lacked, i got a lawyer. got off really light. no records, nothing.

applied for insurance other month, its the lowest ever in my life with a perfect clean record

 

[scootergmc]

Maybe I am confused. I thought my DMV printout only went back THREE years. Is it different now? I understand that any drinking and driving conviction can still be used against as a prior for SEVEN years, but does it still show up on the printout? Please clarify.

Yes, DMV records go back 7 years. It should show on the printout. If you've gotten something such as a wet reckless or DUI within the last 7 years and it doesn't show on your DMV record, consider yourself lucky. I think where we may be confused is this: for ACCIDENTS and/or moving violations/infractions, now I believe those fall off your record in 3 years.

BTW, the highest BAC I've seen is a .54 (blood draw). He was walking and talking.