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| I Am The Law! Car accidents, personal injury, defamation, libel, malpractice, fraud, bankruptcy, debt, lawyers, corporate law, criminal law, jail, police conduct, prison, employment laws, workers compensation, real estate law, divorce and family court, taxes, education, immigration, military law, insurance, trademarks and copyrights, traffic and driving laws, class action law suits, and more. All of these are welcome topics in this forum.This forum is not intended to be a substitute for professional legal advice. Always seek the advice of professional with any questions you may have regarding a legal situation. Never disregard professional legal advice or delay in seeking it because of something you have read on any web site, including this one. Fair warning: If you're stupid enough to post a confession it could be held against you in a court of law. |
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#1
 2008-07-08, 05:44
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marijuologist 
Regular
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Got a DUI
Friend's wedding was 6/29. I had about 5-6 drinks at the reception over the course of the night. It could have been 7. I was too drunk to drive afterward, so I sat in my car and practiced my rapping skills for about 90 minutes while I dried out. The plan was to wait two hours and then re-evaluate my condition, but I got bored and started driving around the the parking lot to kill time. Everyone else had left by then so the lot was empty. I was still fairly drunk at this point.
So I was doing donuts in the parking lot when suddenly a cop pulls into the lot and starts flashing his lights. He asked me why I was driving around in circles, and I told him I couldn't answer any questions. When he asked me for my license and registeration, I just fumbled around with the contents of my glove compartment, not even knowing what I was looking for.
He told me to step out of the car and administered a field sobriety test, which I failed in rather impressive fashion. Then he pulled out the brethylizer. Legal limit in my state is 0.080, and I blew 0.081. No lie. So he cuffed me, and off to the station we went. At the station he adminstered a second brethylizer and I blew 0.071, under the legal limit. He still charged with DUI and made me spend the night in a holding cell before releasing me in the morning. While at the station I started babbling like an idiot and admitted everything.
I have never had any kind or problem with alcohol, and only drink for special occasions, which amounts to no more than 2-3 times per year and probably fewer times in my life than I can count on my hands (I'm 24). Every time is like my first time so I am prone to do stupid, naive things like this. I have no tolerance so for me, 0.081 is fucking plastered. I would never drive drunk in my right mind. It was sincerely just a case of impaired judgement. The alcohol made me think it was OK to do donuts.
So am I fucked? I am in a really shitty situation right now and can't afford to have a DUI on top of it all. I can't afford a lawyer and will have to use a public defender.
And, despite my screen name, I actually quit smoking weed a long time ago.
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#2
 2008-07-08, 06:01
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Re: Got a DUI
So am I fucked?
No. You blew a 0.081 and then a 0.071 a few minuets later. A good lawyer can argue that the first test was within the margin of error and they cannot say that within all reasonable doubt that you were above the legal limit. Did they do a blood test? Blood tests are far more accurate, and if they didn't do one your lawyer can definitely make a good claim that the first test was off.
While at the station I started babbling like an idiot and admitted everything.
Nevermind, you're fucked and an idiot.
Please refer to this thread:
Best Legal Advice You Could Ever Receive (http://www.totse.com/community/showthread.php?t=2135549)
"DO. NOT. TALK. TO. THE. POLICE. EVER!!"
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#3
 2008-07-08, 12:21
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Re: Got a DUI
How long was the period between the first and second Breathalyzer? Depending on your time frame you could argue that some of the first reading was alcohol from your mouth and not your lungs (therefore an inaccurate reading).
Breathalyzers are largely affected by breathing patterns. There is a good chance you could have fooled into reading a lower BAC if you hyperventilated yourself before taking it.
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#4
 2008-07-08, 12:38
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Re: Got a DUI
Breathalyzers are largely affected by breathing patterns. There is a good chance you could have fooled into reading a lower BAC if you hyperventilated yourself before taking it.
What?
That would just cause for a greater opportunity for alcohol to be absorbed into your breath.
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#5
 2008-07-08, 14:31
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Re: Got a DUI
What?
That would just cause for a greater opportunity for alcohol to be absorbed into your breath.
Wrong, with sources.
"One study showed that holding your breath for 30 seconds before blowing into the breathalyzer increases the result by 15.7 percent. Hyperventilating for 20 seconds, on the other hand, decreases it by 10.6 percent. (“How Breathing Techniques Can Influence the Results of Breath-Alcohol Analyses”, 22(4) Medical Science and the Law 275)".
http://www.ncbi.nlm.nih.gov/pubmed/7144462
http://alcalc.oxfordjournals.org/cgi/reprint/33/5/495.pdf
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#6
 2008-07-08, 14:51
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m0ckturtle 
Regular
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Re: Got a DUI
While at the station I started babbling like an idiot and admitted everything.
...
So am I fucked? I am in a really shitty situation right now and can't afford to have a DUI on top of it all. I can't afford a lawyer and will have to use a public defender.
It (admitting everything) happens to people even when they're sober, so there's no point in beating yourself up about it. It's done now. It's not going to have much effect on the ultimate outcome -- which is likely to be some alcohol counseling (don't admit to any drug use, even if you don't currently do them! Telling them you smoke weed is tantamount to telling them that you want to spend 40 hours in counseling or some other stupid expensive shit), some probation, and a license suspension. It will probably cost you around $500-$1000 for everything. If you live in any of some states, you might get one of those ignition interlock things. This is all assuming you don't have any prior convictions, if you do, you'll probably get a little jailtime in addition to the above. All told, it's not that big of a deal. You might even be eligible for a "hardship license" to drive to work/school.
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