Well I screwed up... DWI in NC. Now what? - Page 2

[ARCHIVED THREAD] - Well I screwed up... DWI in NC. Now what? (Page 2 of 4)

Posted: 11/3/2009 10:03:02 AM EDT

[#1]

They could have been out there catching dangerous criminals but you were it. Sorry.

Lawyer. Take this advice without question or heistation.
Ask if they are someone that knows someone important. Offer to pay extra for this kind of service.
Do this as of yesterday.

FWIW... The prosecuting attorney most likely has another lawyer working at his private office. Try there first.

Posted: 11/3/2009 10:03:04 AM EDT

[#2]

Quoted:
I'm not an expert. But if you blew just .08, I think a decent lawyer can get you out of it.

Something about breathalyzers having a % margin of error.

Margin of error my ass.

There are guys in this state that went to jail that blew a .1 and had literally never drank alcohol in their entire lives.

Posted: 11/3/2009 10:08:23 AM EDT

[#3]

Quoted:
was you .08 at the police station or on the side of the road?

both.

Posted: 11/3/2009 10:15:05 AM EDT

[#4]

Quoted:

Quoted:
Are you at Bragg?

In before the pending shat storm.

No shit, this was an automatic Field Grade Article 15 when I was in. It got the whole Battalion recalled for formation also, while the offending solider and his chain of command were smoked/embarrassed.

Dang...were you there the same time I was then? ;) ('03-05) We got recalled twice in one day. Once at 0600ish and 1800ish. We had to wait for guys to drive back from the beach each time....

Yep, B Co 1-504th '02-'05.

Posted: 11/3/2009 10:16:46 AM EDT

[#5]

Be a Man and take your licks.

Posted: 11/3/2009 10:20:25 AM EDT

[#6]

Everything depends on how much money and time you are willing to spend.

Posted: 11/3/2009 10:21:42 AM EDT

[#7]

if you really only blew a .08 then the cop is a jackass

Posted: 11/3/2009 10:27:28 AM EDT

[#8]

Quoted:
Long story short, I had a few beers and went to the store to get cigarettes, got pulled over, cops smelled "strong alcohol odor"
gave me the breathalizer test, and i ended up blowing a .08, which is exactly the legal limit in NC.
and yes, I'm in the Army.
Honestly, I thought I was well below after only having 3 beers, guess I drank them too quickly.

I'm hiring an attorney today, just wanted to get some input from people who have been there/done that and would like to tell their story.

Why did you get pulled over? Thats important there, my brother a few years ago got caught but, he didnt do anything wrong so it got tossed on lack of probable cause. Oh and yes he learned his lesson, last time he ever did that. IIRC he was called in as a drunk driver (ex wife) but his lawyer argued that in the report, he had not been swerving, didnt go over the lines, didnt speed and asicly broke no laws so being that he blew a .08 also he got it tossed, the DA actually wanted to make a deal for "failure to use do care and caution" but his lawyer advised against it.

Posted: 11/3/2009 10:28:55 AM EDT

[#9]

Quoted:

if you really only blew a .08 then the cop is a jackass

That is the way it goes in Fayettenam. So many soliders get busted for DUIs they really don't cut any breaks.

Posted: 11/3/2009 10:29:32 AM EDT

[#10]

Quoted:

Quoted:

Well...when I was at Bragg...that was an automatic field grade from the BC. At least one grade drop.

That was with the 2/505...ymmv

And I can't say I wouldn't have done the same. 3 beers in an hour or so isn't a huge deal for me, but I weigh in at 235 ;)

Best bet is to lawyer up. There's plenty around Fayetteville that dang near specialize in that. I'd probably also let the wife know she might not be seeing you much over the next month or so...

I'm also assuming you're not an O being as the CSM lit into you. If that's the case, whole game changes.

according to my 1sg, im getting a official letter of reprimand (expected)

cant drive on post for a year (expected)

he says not much else will happen to me besides that. He says that because the letter of reprimand IS a form of punishment, and is coming from the post commander (bad)

that they cant turn around and write me an ar-15 for the same thing, because that is basically double jeopardy.

He then told me about 4 others in the BN who had dui's off post, none had any action other than the letter.

The "New" Army

Posted: 11/3/2009 10:33:50 AM EDT

[#11]

tag

Posted: 11/3/2009 10:36:21 AM EDT

[#12]

You should have been provided with a copy of your Intoxilizer print out. It's about the size of one 8x11 page folded in half.

What does the print out say on it?

Posted: 11/3/2009 10:38:26 AM EDT

[#13]

Quoted:
yup, at Bragg. Already got an earful from the Sergeant Major.
1sg and C Co. were not really too upset surprisingly enough.

the stop was off post, about a mile from my house, and less than 1/4 mile from the gas station I was headed to.

Harkening back to my CO days, if I wasn't too upset at one of my Joes getting a DWI, it was because he was headed for a mandatory field-grade and I didn't have to do any paperwork myself.

Posted: 11/3/2009 10:38:54 AM EDT

[#14]

Quoted:
You should have been provided with a copy of your Intoxilizer print out. It's about the size of one 8x11 page folded in half.

What does the print out say on it?

it says .08
i can scan it if necessary.

same thing the field breathalizer said, .09 then .08 (tho thats what the cops told me, I never actually did SEE it, they wouldn't show it to me.

Posted: 11/3/2009 10:45:34 AM EDT

[#15]

i'm confused if you blew the limit then shouldnt you not have to worry about anything. Why do you need a lawyer? I have seen the cop shows guy blows the limit cop lets him go as he wasnt over.

Posted: 11/3/2009 10:53:51 AM EDT

[#16]

http://www.beertown.org/education/calc/bac/bac.aspx

Three 12 oz. beers of roughly 5.0% alcohol by volume in one hour for a male, 150 pounds will get you real close to .08.

Posted: 11/3/2009 10:54:34 AM EDT

[#17]

Quoted:
.......just a few bottles of beer.

A few bottles, or 3 beers as stated in your OP?

a-bare

Posted: 11/3/2009 11:01:25 AM EDT

[#18]

Quoted:
I want to know how many lives .08 saves vs. the old .10 limit.

Did they have a huge problem with drunk drivers killing entire families and getting away with it because they were .09? I don't get it.

No.

In fact, when MADD was making the rounds in Texas trying to get Texas lowered to .08, they were telling the same stories about people killed, none of whom were killed by a driver who blew under .10. We had a couple come to Ft. Bliss and give a whole (quite sad) slide show about their dead daughter. This was sponsored by MADD and all part of the campaign at the time. Their bottom line story after the slide show about their daughter, and how she dies? Support the lower limit.

When asked what the guy who killed their daughter was at - they replied .2 something!

Emotion trumps facts.

MADD is anti-alcohol, period.

Still, for the OP: drinking three beers and driving is stupid. The general rule of thumb is anything past two risks you blowing .08.

Posted: 11/3/2009 11:21:02 AM EDT

[#19]

Blow = Give the state the evidence to convict you and lose your license
Blow = Under the limit will still get you a reckless Driving charge and maybe lose your license
Don't blow = Maybe a chance to beat whole the case but still lose your license
Options, options.....

Naw! It's not rigged.

Posted: 11/3/2009 11:29:23 AM EDT

[#20]

Quoted:
I want to know how many lives .08 saves vs. the old .10 limit.

Did they have a huge problem with drunk drivers killing entire families and getting away with it because they were .09? I don't get it.

No, you don't even need to blow .01 to get hauled off for a DUI. .08 is where the officer is supposed to simply arrest you and not use any discretion.

Posted: 11/3/2009 11:32:05 AM EDT

[#21]

Quoted:

Quoted:

.......just a few bottles of beer.

A few bottles, or 3 beers as stated in your OP?

a-bare

"bottle" = 1 and "few" = 3 in my book

Posted: 11/3/2009 11:36:15 AM EDT

[#22]

Just curious, what would happen with the letter of reprimand if the DUI got dropped? I know where I am in Virginia, if someone was in your position (especially with the circumstances that led up to the stop), had a clean driving record and generally was not a jackass to the officer during the stop, it would be possible to potentially reduce the charge to reckless driving and just pay the max fine. If that is possible there, would the letter of reprimand still be on your record?

Check around with attorney's, since you are right at the limit it may be possible to work out something with this.

Posted: 11/3/2009 12:10:23 PM EDT

[#23]

Quoted:

Quoted:
.......just a few bottles of beer.

A few bottles, or 3 beers as stated in your OP?

a-bare

3 beers. bottles of coors light.

Posted: 11/3/2009 12:12:33 PM EDT

[#24]

How soon after your last drink of alcohol was it until you were stopped and blew? Did you burp right before you blew? both can cause there to be residual alcohol in you mouth that can cause a abnormally high BAC reading from breath. I know for me that 3 beers is no where near .08 actually with 6 I was still under .08 as confirmed with a PBT at my last OWI school. Not sure what NC law is but in Michigan there is to be a 15minute obs time before both the PBT and the Datamaster breath test. If you burp in that time that starts the clock over again.

How did you do on your field sobrity tests? I do not even give a PBT (Preliminary breath test) if the person passes the field sobriety tests as a PBT is not court admissable (at least in Michigan).

Hope it works out for you.

J-

Posted: 11/3/2009 12:13:25 PM EDT

[#25]

Quoted:

I've found that by not drinking and driving I've been able to avoid most of the legal hassles involved in these situations.

this and good luck OP and bring more $

Posted: 11/3/2009 12:16:37 PM EDT

[#26]

Quoted:
How soon after your last drink of alcohol was it until you were stopped and blew? Did you burp right before you blew? both can cause there to be residual alcohol in you mouth that can cause a abnormally high BAC reading from breath. I know for me that 3 beers is no where near .08 actually with 6 I was still under .08 as confirmed with a PBT at my last OWI school. Not sure what NC law is but in Michigan there is to be a 15minute obs time before both the PBT and the Datamaster breath test. If you burp in that time that starts the clock over again.

How did you do on your field sobrity tests? I do not even give a PBT (Preliminary breath test) if the person passes the field sobriety tests as a PBT is not court admissable (at least in Michigan).

Hope it works out for you.

J-

I don't remember if I burped or not, i did do a bunch of field sobriety tests, but they would not say if I "passed" or "failed"
they just told me do one thing, id do it, theyd say go sit in your car, and talk for about 10 mins, then do another test, sit back down, more talking, for about an hour.
they would not let me see the results of the field breathalizer though, if that means anything. so all I had to go on was what they told me.

Posted: 11/3/2009 12:25:43 PM EDT

[#27]

36 oz of Coors Light should not be .08.

Posted: 11/3/2009 12:27:47 PM EDT

[#28]

Quoted:

Quoted:
How soon after your last drink of alcohol was it until you were stopped and blew? Did you burp right before you blew? both can cause there to be residual alcohol in you mouth that can cause a abnormally high BAC reading from breath. I know for me that 3 beers is no where near .08 actually with 6 I was still under .08 as confirmed with a PBT at my last OWI school. Not sure what NC law is but in Michigan there is to be a 15minute obs time before both the PBT and the Datamaster breath test. If you burp in that time that starts the clock over again.

How did you do on your field sobrity tests? I do not even give a PBT (Preliminary breath test) if the person passes the field sobriety tests as a PBT is not court admissable (at least in Michigan).

Hope it works out for you.

J-

I don't remember if I burped or not, i did do a bunch of field sobriety tests, but they would not say if I "passed" or "failed"
they just told me do one thing, id do it, theyd say go sit in your car, and talk for about 10 mins, then do another test, sit back down, more talking, for about an hour.
they would not let me see the results of the field breathalizer though, if that means anything. so all I had to go on was what they told me.

Doesnt neccarily mean anything. we dont have a requirement one way or the other, but I always show the person (and note it in the report) I find it odd that they would have you do a test and then sit, then do another, sit and that you were out their for an hour. You could (or your attorney) could raise the fact that when you were stopped that you were not actually over the legal limit and that your BAC was on the way up and it was not until over an hour later that you were over the limit while at the police station and NOT actualy over when you were on the road.

Get ahold of an attorney ASAP and make sure that they get the dash cam footage (if there is any) preserved (we only hold it for 30 days if no request) so that when it it time for trial there is no shenanigans with regards to the amout of time you were out there.

You case my son will hinge on the time line, prove it the way I explained and you will walk, fail to prove that and you are hit. I doubt that you were on the way down BAC wise if you only had 3 beers but you could have been on the way up.

When did they give you the PBT? Before or after the hour worth of field sobriety's? did they give you more than one on the street?

Hope this helps,
J-

Posted: 11/3/2009 12:30:06 PM EDT

[#29]

Quoted:
I've found that by not drinking and driving I've been able to avoid most of the legal hassles involved in these situations.

Lies........

Posted: 11/3/2009 12:30:14 PM EDT

[#30]

What kind of cop would give a soldier a DUI for.08? I blew a .24 back in the early 70's and got it dropped. When I was in the Jarheads they just yelled at you for a little bit for dui.

Posted: 11/3/2009 12:32:26 PM EDT

[#31]

Quoted:
Why'd you blow????
That's full retard.
You never go full retard.

well you can't blame him, he was drunk

Posted: 11/3/2009 12:40:48 PM EDT

[#32]

.08 is legally defined as intoxicated. .01 is still DUI if you are showing the effects of alcohol... Too many basement lawyers in here giving bad information.

Posted: 11/3/2009 12:44:35 PM EDT

[#33]

Quoted:
They could have been out there catching dangerous criminals but you were it. Sorry.

Lawyer. Take this advice without question or heistation.
Ask if they are someone that knows someone important. Offer to pay extra for this kind of service.
Do this as of yesterday.

FWIW... The prosecuting attorney most likely has another lawyer working at his private office. Try there first.

He could have been dangerous. He admitted to speeding while legally intoxicated. I won't let the facts get in the way of a perfectly good "I should be allowed to drink and drive until I kill/maim someone" thread.

Hopefully someone learned his lesson about refraining from the intake of alcoholic beverages before the operation of a motor vehicle. My advice to the OP is to get a lawyer and not repeat the same mistake in the future.

Posted: 11/3/2009 12:48:06 PM EDT

[#34]

That sucks. The sad thing is the limit is so low that you can easily be over it and not realize it.

Reminds me of the "I want to buy a breathalyzer" thread from a few months ago where half the posters were outraged and assumed that someone was going to try to use it to push as close as they could to the limits. The reality is that a lot of people don't realize how easy it can be to hit .08 and could use a check.

Posted: 11/3/2009 12:49:37 PM EDT

[#35]

Quoted:
Reminds me of the "I want to buy a breathalyzer" thread from a few months ago where half the posters were outraged and assumed that someone was going to try to use it to push as close as they could to the limits. The reality is that a lot of people don't realize how easy it can be to hit .08 and could use a check.

I agree that they can better inform people. They're also fun for drinking games.

Posted: 11/3/2009 12:50:55 PM EDT

[#36]

Get a lawyer and play the game as best you can.

The Army will not be pleased and your life will be miserable at the unit for a good while as you try to earn back your reputation.
Forget schools, promotions, perks, etc.

Learn from your mistake because drinking and driving really is a serious problem- in this case you probably were not a massive danger to society.

But your actions may be demonstrating other character and behavioral issues. If the shoe fits...

BTW- out of curiosity- what is your age / rank?

4073

Posted: 11/3/2009 12:59:52 PM EDT

[#37]

Quoted:

Get a lawyer and play the game as best you can.

The Army will not be pleased and your life will be miserable at the unit for a good while as you try to earn back your reputation.

Forget schools, promotions, perks, etc.

Learn from your mistake because drinking and driving really is a serious problem- in this case you probably were not a massive danger to society.

But your actions may be demonstrating other character and behavioral issues. If the shoe fits...

BTW- out of curiosity- what is your age / rank?

4073

+1 It'll probably haunt you in the service and your chances of becoming a General, but not so much in the real world. I would try and fight it if you had the resources, that stuff sticks to your record a long time. It won't affect much after a few years, but you'll still have a record. A good lawyer should get it busted down or thrown out on a technicality.

Posted: 11/3/2009 1:26:05 PM EDT

[#38]

Quoted:

Quoted:
They could have been out there catching dangerous criminals but you were it. Sorry.

Lawyer. Take this advice without question or heistation.
Ask if they are someone that knows someone important. Offer to pay extra for this kind of service.
Do this as of yesterday.

FWIW... The prosecuting attorney most likely has another lawyer working at his private office. Try there first.

He could have been dangerous. He admitted to speeding while legally intoxicated. I won't let the facts get in the way of a perfectly good "I should be allowed to drink and drive until I kill/maim someone" thread.

Hopefully someone learned his lesson about refraining from the intake of alcoholic beverages before the operation of a motor vehicle. My advice to the OP is to get a lawyer and not repeat the same mistake in the future.

I read all his posts in this thread twice and still missed that part.

Posted: 11/3/2009 4:18:48 PM EDT

[#39]

Quoted:

Quoted:
How soon after your last drink of alcohol was it until you were stopped and blew? Did you burp right before you blew? both can cause there to be residual alcohol in you mouth that can cause a abnormally high BAC reading from breath. I know for me that 3 beers is no where near .08 actually with 6 I was still under .08 as confirmed with a PBT at my last OWI school. Not sure what NC law is but in Michigan there is to be a 15minute obs time before both the PBT and the Datamaster breath test. If you burp in that time that starts the clock over again.

How did you do on your field sobrity tests? I do not even give a PBT (Preliminary breath test) if the person passes the field sobriety tests as a PBT is not court admissable (at least in Michigan).

Hope it works out for you.

J-

I don't remember if I burped or not, i did do a bunch of field sobriety tests, but they would not say if I "passed" or "failed"
they just told me do one thing, id do it, theyd say go sit in your car, and talk for about 10 mins, then do another test, sit back down, more talking, for about an hour.
they would not let me see the results of the field breathalizer though, if that means anything. so all I had to go on was what they told me.

Doesnt neccarily mean anything. we dont have a requirement one way or the other, but I always show the person (and note it in the report) I find it odd that they would have you do a test and then sit, then do another, sit and that you were out their for an hour. You could (or your attorney) could raise the fact that when you were stopped that you were not actually over the legal limit and that your BAC was on the way up and it was not until over an hour later that you were over the limit while at the police station and NOT actualy over when you were on the road.

Get ahold of an attorney ASAP and make sure that they get the dash cam footage (if there is any) preserved (we only hold it for 30 days if no request) so that when it it time for trial there is no shenanigans with regards to the amout of time you were out there.

You case my son will hinge on the time line, prove it the way I explained and you will walk, fail to prove that and you are hit. I doubt that you were on the way down BAC wise if you only had 3 beers but you could have been on the way up.

When did they give you the PBT? Before or after the hour worth of field sobriety's? did they give you more than one on the street?

Hope this helps,
J-

the lawyer i hired today said much the same things. He noted the difference between the stop time on the ticket and the test at the police station was over an hour and a half later.
It was a sheriff's dept car, so no dash cam.
The atty. said that since there were 2 diff officers there, both need to show in court, which is a +, and he said the timeline was going to be a big deal in the trial. He also asked out of the blue if I was read my miranda rights, which I was not, don't know if that has any significance or not.
The PBT was after all the field tests.
The atty. also said that because the local sheriffs dont have radar and he did not pace me, was another avenue of attack as far as the stop was concerned.

Posted: 11/3/2009 4:31:27 PM EDT

[#40]

Quoted:
doesnt matter if you think you were under it...
.05 and you are still getting a driving while impaired.
may not as be as bad as a driving while intoxicated.
still have all the hassles

I believe here in PA, a .05 is a DUI if you hold a CDL endorsement.

Posted: 11/3/2009 4:45:12 PM EDT

[#41]

Quoted:

if you really only blew a .08 then the cop is a jackass

Why?
You're not breaking the law bad enough until you get to .XX?

Posted: 11/3/2009 4:45:20 PM EDT

[#42]

A friend of mind got convicted of a DUI a year or so ago and lost his NC CCW. license. He was also informed that he would not be able to buy any handguns in NC for 3 years.

Posted: 11/3/2009 4:48:42 PM EDT

[#43]

Quoted:
That's why you NEVER blow. A good laywer can get you out of it

That will get you in even more trouble in Oklahoma.

Posted: 11/3/2009 4:50:03 PM EDT

[#44]

Get a lawyer and fight it.

The cost now is peanuts compared to the cost in the long run.

Since you are right on the line you may be able to plead to a lower charge, depending on the prosecuting attorney.

Even if it costs $5K it's worth it.

Expensive lesson.

ETA: If you were going out to buy smokes and you are a pack a day, that would mean 3 years of not smoking to pay the lawyer fee. So if you beat it (or even if you don't) quit smoking and console yourself with the fact that in 2012 you are break-even from an economic standpoint, and healthier to boot.

Good luck.

Posted: 11/3/2009 4:56:09 PM EDT

[#45]

Hire a lawyer. Have him negotiate the best plea deal he can get. Pay the fine and move on. You turn this mole hill into a mountain and I think you'll be in a lot more trouble than you have to be.

Posted: 11/3/2009 4:56:52 PM EDT

[#46]

It never ceases to amaze me the amount of people who have had, or know someone who has had a DUI, annnnnddd know the legal limit in their state but continue to drink and drive and then bitch when they or someone else gets caught. Don't like the rules or don't think they are fair??? DON"T PLAY THE GAME! Pretty fuckin simple, really. If you play the game you will lose sooner or later. Your license, your money, your vehicle, ....your choice.

Posted: 11/3/2009 4:56:57 PM EDT

[#47]

Quoted:
Get a lawyer and fight it.

The cost now is peanuts compared to the cost in the long run.

Since you are right on the line you may be able to plead to a lower charge, depending on the prosecuting attorney.

Even if it costs $5K it's worth it.

Expensive lesson.

ETA: If you were going out to buy smokes and you are a pack a day, that would mean 3 years of not smoking to pay the lawyer fee. So if you beat it (or even if you don't) quit smoking and console yourself with the fact that in 2012 you are break-even from an economic standpoint, and healthier to boot.

Good luck.

All of this.

Posted: 11/3/2009 4:58:14 PM EDT

[#48]

Quoted:
I've found that by not drinking and driving I've been able to avoid most of the legal hassles involved in these situations.

really!

Posted: 11/3/2009 5:00:54 PM EDT

[#49]

Quoted:

Quoted:

if you really only blew a .08 then the cop is a jackass

Why?
You're not breaking the law bad enough until you get to .XX?

well i don't know what .xx is but if the op blew a .08 then he should have been let go

Posted: 11/3/2009 5:07:17 PM EDT

[#50]

Do society a favor and stay the hell off the public streets.

I have zero tolerance for drunk drivers.

Unless you are a fucking retard to begin with, 0.08 is too impaired to be behind the wheel.

You should have known better.

[ARCHIVED THREAD] - Well I screwed up... DWI in NC. Now what? (Page 2 of 4)

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