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Posted: 11/3/2009 8:30:23 AM EST
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.
Link Posted: 11/3/2009 8:31:26 AM EST
Are you at Bragg?

In before the pending shat storm.
Link Posted: 11/3/2009 8:32:08 AM EST
[Last Edit: 11/3/2009 8:32:26 AM EST by JonnyVain]
Originally Posted By kabal57:
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.


That sux. Dam. .08

You're probably better off with .08 than driving on too little sleep.

As for legal advice, I can't give you any. Sorry, and I hope you get through.
Link Posted: 11/3/2009 8:32:09 AM EST
I've found that by not drinking and driving I've been able to avoid most of the legal hassles involved in these situations.
Link Posted: 11/3/2009 8:33:11 AM EST
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.
Link Posted: 11/3/2009 8:33:30 AM EST
You can probably beat it, but it's going to cost several thousands of dollars.
Link Posted: 11/3/2009 8:33:38 AM EST
I can't speak for laws in your state, but why didn't you refuse the breathalyzer? In Texas we can lose our license, but I would rather do that than get a DUI any day.
Link Posted: 11/3/2009 8:33:53 AM EST
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.
Link Posted: 11/3/2009 8:35:23 AM EST
Originally Posted By Harvster:
I've found that by not drinking and driving I've been able to avoid most of the legal hassles involved in these situations.


Same here.. shocking revelation isnt it.
Link Posted: 11/3/2009 8:35:30 AM EST

Originally Posted By Harvster:
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 is what I was thinking.
Link Posted: 11/3/2009 8:35:36 AM EST
Originally Posted By Bodacious2182:
I can't speak for laws in your state, but why didn't you refuse the breathalyzer? In Texas we can lose our license, but I would rather do that than get a DUI any day.


In NC its a mandatory 1 year suspension if you refuse a brethalizer. No trial, judge, nothing. Just 1 year.
Link Posted: 11/3/2009 8:35:38 AM EST
in before the shitstorm
Link Posted: 11/3/2009 8:36:08 AM EST
Why'd you blow????
That's full retard.
You never go full retard.
Link Posted: 11/3/2009 8:36:15 AM EST
Why were you pulled over?
Link Posted: 11/3/2009 8:37:14 AM EST
Originally Posted By Harvster:
I've found that by not drinking and driving I've been able to avoid most of the legal hassles involved in these situations.


You, sir, have a keen eye for the obvious!
Link Posted: 11/3/2009 8:37:22 AM EST
That's why you NEVER blow. A good laywer can get you out of it
Link Posted: 11/3/2009 8:37:33 AM EST
[Last Edit: 11/3/2009 8:39:09 AM EST by Bodacious2182]
Originally Posted By kabal57:
Originally Posted By Bodacious2182:
I can't speak for laws in your state, but why didn't you refuse the breathalyzer? In Texas we can lose our license, but I would rather do that than get a DUI any day.


In NC its a mandatory 1 year suspension if you refuse a brethalizer. No trial, judge, nothing. Just 1 year.


Is that not more favorable than a DUI?

Lose a license for 1 year and out no money
vs
Pay a lawyer about $6k to probably get a deferment for 1 year.


In your situation I'll keep my money and ride the bus or a bike.

Link Posted: 11/3/2009 8:37:49 AM EST
Originally Posted By mhall8811:
Why'd you blow????
That's full retard.
You never go full retard.


Why didn't you read the entire thread.
That's full retard.
You never go full retard.
Link Posted: 11/3/2009 8:38:24 AM EST
Assuming you have no prior offenses, you should be ok. You will get a GOMOR, and be enrolled in ASAP. If you get into any other trouble with the law, your BC will likely chapter you on patterns of misconduct.
Link Posted: 11/3/2009 8:38:33 AM EST
Been there, done that, twice. Don't hesitate to talk to a few firms. Find someone that isn't in a rush to get you out the door.

Do you own your house? If not, dump it and get back on base ASAP.
Link Posted: 11/3/2009 8:39:49 AM EST
Originally Posted By hondaciv:
You can probably beat it, but it's going to cost several thousands of dollars.

and hopefully you will learn a lesson after spending all that cash

Link Posted: 11/3/2009 8:41:46 AM EST
No prior offenses, and I do own my house, I'm married and living off post.

I know it was not the smartest thing to do, but I honestly thought 3 beers wouldnt be that big a deal. I thought I was under the limit, but instead was exactly at it.
Link Posted: 11/3/2009 8:42:48 AM EST
Originally Posted By NoStockBikes:
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.



Follow the money.
Link Posted: 11/3/2009 8:43:16 AM EST
I don't know that there's anything here that anyone can tell you that would help out other than, "lawyer up" and it looks like you're planning that so, best of luck.
.08 is a ridiculous limit IMO, but I guess it goes without saying that ya should have known better nonetheless! I hope it works out for you though, lesson learned.
Link Posted: 11/3/2009 8:43:50 AM EST
Originally Posted By Bodacious2182:
Originally Posted By kabal57:
Originally Posted By Bodacious2182:
I can't speak for laws in your state, but why didn't you refuse the breathalyzer? In Texas we can lose our license, but I would rather do that than get a DUI any day.


In NC its a mandatory 1 year suspension if you refuse a brethalizer. No trial, judge, nothing. Just 1 year.


Is that not more favorable than a DUI?

Lose a license for 1 year and out no money
vs
Pay a lawyer about $6k to probably get a deferment for 1 year.


In your situation I'll keep my money and ride the bus or a bike.



At the time I didn't think it would be any issue passing the test, because I did not have much to drink, no liquor or anything like that. just a few bottles of beer.
Plus I was unsure what else would happen if i refused, they still had me arrested and I didn't want to end up with something worse. I had no idea as I'd never been in that situation before.
Link Posted: 11/3/2009 8:44:29 AM EST
Originally Posted By kabal57:
No prior offenses, and I do own my house, I'm married and living off post.

I know it was not the smartest thing to do, but I honestly thought 3 beers wouldnt be that big a deal. I thought I was under the limit, but instead was exactly at it.


Depending on your CG's policy, you may also lose your post driving privileges. Ft. Stewart soldiers lose on-post driving for one year.
Link Posted: 11/3/2009 8:44:54 AM EST
What was the INITIAL reason for the stop??? Did he pull you over because you gave him reason to "believe" you were intoxicated??? If you were driving/operating your vehicle fine and he pulled you over for some other reason you can use that as a DEFENSE that you were not IMPAIRED to drive. Did you do any "field sobriety" tests??? How did you do on those??? If all he did was "smell" an alcoholic beverage and make you blow and then arrest you then you might have a good chance of winning.
Link Posted: 11/3/2009 8:46:35 AM EST
[Last Edit: 11/3/2009 8:47:31 AM EST by Bullettproof]
Originally Posted By NoStockBikes:
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.


They moved it to .08 so they could screw more people out of money easier.
Link Posted: 11/3/2009 8:47:44 AM EST
Originally Posted By kabal57:
Originally Posted By Bodacious2182:
Originally Posted By kabal57:
Originally Posted By Bodacious2182:
I can't speak for laws in your state, but why didn't you refuse the breathalyzer? In Texas we can lose our license, but I would rather do that than get a DUI any day.


In NC its a mandatory 1 year suspension if you refuse a brethalizer. No trial, judge, nothing. Just 1 year.


Is that not more favorable than a DUI?

Lose a license for 1 year and out no money
vs
Pay a lawyer about $6k to probably get a deferment for 1 year.


In your situation I'll keep my money and ride the bus or a bike.



At the time I didn't think it would be any issue passing the test, because I did not have much to drink, no liquor or anything like that. just a few bottles of beer.
Plus I was unsure what else would happen if i refused, they still had me arrested and I didn't want to end up with something worse. I had no idea as I'd never been in that situation before.



Gambled and lost, it sound like, heh.

Well best of luck. My money is that you will just be out some money and a hard lesson learned. I would think even a crappy lawyer will be able to get you off of that charge.
Link Posted: 11/3/2009 8:49:49 AM EST
In washington they have a diversion program, if you admit you have a problem and go through counseling the dwi will not go on your record.
Link Posted: 11/3/2009 8:50:22 AM EST
[Last Edit: 11/3/2009 8:50:57 AM EST by kabal57]
Originally Posted By Furyataurus:
What was the INITIAL reason for the stop??? Did he pull you over because you gave him reason to "believe" you were intoxicated??? If you were driving/operating your vehicle fine and he pulled you over for some other reason you can use that as a DEFENSE that you were not IMPAIRED to drive. Did you do any "field sobriety" tests??? How did you do on those??? If all he did was "smell" an alcoholic beverage and make you blow and then arrest you then you might have a good chance of winning.


the initial reason for the stop was my "car was too loud" and i was "obviously speeding".
no radar, he did not follow me to judge my speed, just wrote 70 on the ticket.

I was on the side of the road from 1:30 am till about 2:50, I spent over an hour talking to them and doing field tests, portable breathalizers, (both times said .08 and .09)
they did not tell me how i did on the field tests, but I did about 5 of them.
the whole thing was just weird.
Link Posted: 11/3/2009 8:51:55 AM EST
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.
Link Posted: 11/3/2009 8:52:43 AM EST
[Last Edit: 11/3/2009 9:05:27 AM EST by alc1343]
I wonder if the throngs of ARFCOM chickenshit tough-guys who think DUI should be punishable by death will show up and offer to kill you?


I had a buddy blow .082 (Texas) and got a good lawyer who got it down to obstruction of the highway.

Basically, get a good, reputable lawyer who specializes in DUI...

Good Luck


ETA: Fixed typo
Link Posted: 11/3/2009 8:52:50 AM EST
post the dashcam vid.



every service member i know that had a DWI... has lost rank.



anyway ,,

hurry up with the dashcam video..


Link Posted: 11/3/2009 8:52:58 AM EST
[Last Edit: 11/3/2009 8:55:30 AM EST by deuce_22]
Did you blow .08% at the jail or just on the roadside PBT analyzer?

PBT's aren't admissible in court here, only as probable cause to arrest.
Link Posted: 11/3/2009 8:53:31 AM EST

Originally Posted By BillofRights:
Originally Posted By NoStockBikes:
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.



Follow the money.

Figures... Activists need something to be active about. Always gotta be pushing for more. Has anyone proposed .06 yet?
Link Posted: 11/3/2009 8:54:07 AM EST
Originally Posted By EightySecond:
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.
Link Posted: 11/3/2009 8:54:12 AM EST
Originally Posted By robplumm:
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.
Link Posted: 11/3/2009 8:54:32 AM EST
Originally Posted By fiend:
Originally Posted By mhall8811:
Why'd you blow????
That's full retard.
You never go full retard.


Why didn't you read the entire thread.
That's full retard.
You never go full retard.



The answer was typed less than 60 seconds prior.
I didn't see it cause I was typing already... I'm a slow typist.

Either that or I just went full retard.
(Damn! I never go full retard.)
Link Posted: 11/3/2009 8:55:13 AM EST
Originally Posted By hondaciv:
You can probably beat it, but it's going to cost several thousands of dollars.


This.

Your attorney ought to be working a calibration angle and all sorts of other bullshit. It will cost you.
Link Posted: 11/3/2009 8:56:02 AM EST
Originally Posted By Falar:
Originally Posted By EightySecond:
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.


BN was in the field, so no recall formation.
Hell MY chain of command didn't even call me out in formation the next day, just said there was a DUI and left it at that.
Which is not what I expected, but was a good thing.
Link Posted: 11/3/2009 8:56:22 AM EST
Most of us have done it. You got caught. You will be prosecuted right here on Arfcom.
Link Posted: 11/3/2009 8:56:25 AM EST
Originally Posted By alc1343:
I wonder if the throngs of ARFCOM chickenshit tough-guys who think DUI should be punishable by death will show up and offer to kill you?


I had a buddy blow .82 (Texas) and got a good lawyer who got it down to obstruction of the highway.

Basically, get a good, reputable lawyer who specializes in DUI...

Good Luck


That has to be a typo.
Link Posted: 11/3/2009 8:56:45 AM EST
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
Link Posted: 11/3/2009 8:57:38 AM EST
Originally Posted By alc1343:
I wonder if the throngs of ARFCOM chickenshit tough-guys who think DUI should be punishable by death will show up and offer to kill you?


I had a buddy blow .82 (Texas) and got a good lawyer who got it down to obstruction of the highway.

Basically, get a good, reputable lawyer who specializes in DUI...

Good Luck


Are you sure it wasn't .082? Because if it was .82.....holy crap man
Link Posted: 11/3/2009 8:57:42 AM EST
Originally Posted By kabal57:
Originally Posted By robplumm:
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.


Man...I haven't been gone that long...you guys are getting soft ;)

Letter's bad, but financially won't hurt you (lawyer will...). It'll pop up at next promotion is about it. Otherwise it's their way of saying "don't do that again." Meh...sucks, but not nearly as bad as it could be. Good luck, man.

Link Posted: 11/3/2009 8:59:16 AM EST
was you .08 at the police station or on the side of the road?
Link Posted: 11/3/2009 8:59:24 AM EST
Originally Posted By alc1343:
I wonder if the throngs of ARFCOM chickenshit tough-guys who think DUI should be punishable by death will show up and offer to kill you?


I had a buddy blow .82 (Texas) and got a good lawyer who got it down to obstruction of the highway.

Basically, get a good, reputable lawyer who specializes in DUI...

Good Luck


And he lived for his day in court?
Link Posted: 11/3/2009 9:01:07 AM EST
Originally Posted By Falar:
Originally Posted By EightySecond:
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....
Link Posted: 11/3/2009 9:01:14 AM EST
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.
Link Posted: 11/3/2009 9:02:28 AM EST
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