tuscl

DUI

GACA
Un-retired: Met my ATF. Married her. Divorcing her.
Left the strip club, didn't feel drunk. Pulled over for speeding, failed sobriety test.

Don't drink and drive.

JS69, what are my options. First ever DUI, and first ever arrest. Police never mirandized either. Actually didn't know I was being arrested.

91 comments

  • carlos_spiceyweiner
    9 years ago
    I'm not a lawyer, but I know several friends who went through this. Did you just do a field sobriety check or a breathalyzer as well?
  • shailynn
    9 years ago
    Damn sorry to hear that.

    Did you do a breathalyzer or blood test?
  • Estafador
    9 years ago
    aren't you stupid. So no more driving for you for 6 months huh chuckles?
  • shailynn
    9 years ago
    ^^^ depends on the state. Can get driving pro ledges back quick if you agree to a blow and go.
  • Subraman
    9 years ago
    Ugh. Before I discovered the train & Uber, I risked that a few times.

    See a lawyer right away. Things vary by state... if you didn't blow too too high, I understand for first offenses you can often plead down to wet reckless or sometimes even dry reckless. But only your local lawyer will know what goes on in your city & state
  • JohnSmith69
    9 years ago
    GACA you need a very good criminal lawyer. It will cost you, but having a good lawyer will be cheaper for you in the long run. PM me the city, county, and state that it happened in if you want me to recommend somebody.
  • shailynn
    9 years ago
    DUIs are like STDs and degrees from Florida State. They aren't hard to get.
  • twentyfive
    9 years ago
    You need a well connected local attorney don't be conned by the large number of mailers you are going to get, be sure to get some knowledgeable recommendations.
  • GACA
    9 years ago
    First DUI ...It's a misdemeanor in my county. Still have a temporary license. Seems like they're gonna let me keep it, just have to pay a shit load of fees and take classes. But court date is April so we'll see foe sure at that time.
  • GACA
    9 years ago
    And I sent the PM JS
  • twentyfive
    9 years ago
    ^^^That is the least of your problems it is going to cost triple insurance rates for a minimum of 5 years. Just get a good local attorney, see if he can make it either go away or have it expunged from your record or in addition to insurance rates you can get a major hit on your credit scores that will also cost you, and if you are employed anyplace where they run regular checks it could even possibly cost you your job.
  • GACA
    9 years ago
    For a misdemeanor? Fuck.
  • twentyfive
    9 years ago
    Don't take my word for it I'm sure JS will tell you exactly what I just told you.
  • mikeya02
    9 years ago
    Call Saul
  • impala
    9 years ago
    Fact you weren't marandarized doesn't mean shit, comes down to your word against theirs on that matter, and the court always favors on the side of LE (believe me, I know the hard way).
  • rickdugan
    9 years ago
    Get a lawyer dude and hope that he/she can get the charge reduced to reckless driving or some other violation. The states don't fuck around with DUIs anymore.

    A DUI conviction has several consequences, including (1) jacked up car insurance rates - double or even triple in some places and some carriers won't cover you at all; (2) stiffer penalties; (3) more serious punishment for the first offense and even more if you ever get another DUI [in some states, even a first DUI can result in prison, longer license suspensions, a device in your car to monitor breath alcohol, etc]; (4) higher life insurance costs and can prevent you from getting life insurance coverage at all; and (5) employment issues if you work in a job that does background checks. I'm sure that there are other potential issues as well.

    So yes it is a misdemeanor, but the states are intentionally piling on specifically to discourage people from driving under the influence. No doubt that insurance lobbyists, MADD and other groups have a lot to do with that, especially since there isn't exactly anybody out there advocating on the other side of the issue. ;)

    See below:
    http://dui.drivinglaws.org/california.ph…
    http://dui.drivinglaws.org/georgia.php

    Though be warned that even if you manage to skate out of this with a reduced charge, they will likely make you take a class AND go to some type of treatment (alcohol groups or 1 on 1 therapy).

    So don't fuck around with this dude - get a lawyer.
  • GACA
    9 years ago
    Thanks Rick
  • crazyjoe
    9 years ago
    Sorry to hear that GACA. Good luck going through everything
  • Estafador
    9 years ago
    Though that's kind of a dick move to go that hard on DUI cases, I'm not exactly opposing them either. I don't want to be sober only to die because another idiot was driving under the influence. Not really fair to the sober driver so I can understand why nobody's on the other side of the lobbyist and such. Safer driving means less alcohol related accidents which keeps more people alive. Plus, less need of Google cars because that's extremely boring lifestyle
  • GACA
    9 years ago
    Thanks Joe
  • JohnSmith69
    9 years ago
    The nightmare consequences listed by 25 and Rick are possible. But I suspect that given these circumstances a good local attorney can help you a lot.
  • JamesSD
    9 years ago
    JS is right about getting a good atttorney.

    The breathalyzer is notoriously inaccurate. If you were way over the limit it's one thing, but if you were borderline you may have a shot.

    Was it a checkpoint?
  • flagooner
    9 years ago
    I say call a cab or friend to pick you up if there is any chance that you might be impaired. Not just for the DUI chance but because you might kill someone.
  • georgmicrodong
    9 years ago
    Well, I'll be the asshole then. A DUI conviction should come with mandatory, i.e. no discretion on the part of the judge or jury, jail time and license revocation. Even the first time.

    Sadly, even if such could be passed anywhere, only the poor would pay the price, and the problem would still exist.

  • rickdugan
    9 years ago
    Yes gmd, you play your part as the asshole well.

    But I get it, safety first after all. What's the sense in carrying a dental dam in the car to the strip club if you are just going to be killed by a drunk driver on the way there. ;)

    Though all joking aside, there are states that allow for jail time in first time DUI cases, though I'm guessing that this only gets applied to people who are hammered and do something really bad.
  • rh48hr
    9 years ago
    While mandatory jail time would be ideal even for first offenders, many states jails are backed up and they have to decide who to jail who not to. In Arizona offenders revived jail time in tent city but they have changed it to house arrest I believe. I know a few people who got dui's before the law changed (because of over crowding) and spent between 1 day to 30 days between them in jail because of it. But I think you have to be a multiple offender or have an extreme dui to garner jail time now.
  • GoVikings
    9 years ago
    sorry to hear that GACA

    this thread reminds me of dougster....because he always use to chastise ricky-boy for drinking and driving lol
  • lopaw
    9 years ago
    Sorry to hear about that, GACA.
    I hope things work out in your favor.
  • Dominic77
    9 years ago
    Man that sucks, GACA. I've had several friends whom went through this. All lawyered up with experienced/recommended/referenced DUI lawyers and were happy they chose the lawyer route. Expensive, but worth it.
  • sharkhunter
    9 years ago
    That sucks. I've been stopped a few times over the years but it apparently takes a lot of alcohol to get me impaired. I don't like to drink a whole lot because I read beer has a lot of melatonin in it and I do not need any help falling asleep especially when I have a long boring ride home in the dark when I visit strip clubs. As much as I fall asleep on my sofa and wake up during the middle of the night without drinking anything, I never want to travel far at night when I know I'm tired.
  • motorhead
    9 years ago
    The sports talk radio station I listen to in the car has a daily PSA warning of the potential costs of a DUI. Fines, lawyer fees, and higher insurance rates could exceed $10,000

    A sobering thought.
  • shadowcat
    9 years ago
    Damn GACA - You need to buy a faster car. Kidding of course. Good luck.
  • sharkhunter
    9 years ago
    Surprisingly or maybe not, getting too comfortable on the ride home is not what you want to stay awake. I have fallen asleep while driving. That is something I never want to repeat. Thus I never drive far at night unless I slept in and slept good or at least think I did. Sometimes phone rings and birds make a ton of noise at all hours.

    Good luck. I feel sorry for those who get arrested for minor infractions who I believe aren't really that impaired but not so sorry for those who are wasted drunk. It's kind of like not liking Obama trying to make everyone pay more for oil and gas in the US and add an extra 25 to 50 cent gas tax so that he could out thousands of oil workers out of jobs so that we have a greener country. I know he probably hates the fact that gas is not going to be $8 a gallon when he leaves office like he had planned so now he wants to add $10 per barrel of oil. republicans could fix this by passing a law so that everyone who supports this, pays an extra $4000 at tax time. a vote for Hillary or sanders would be support for it. They can all live greener knowing they are supporting Obama's green stuff projects.

    Sorry for going Offtopic.
  • Clubber
    9 years ago
    A friend of mine just got nailed a couple of weeks ago. Stayed late after her shift in the bar and got hammered. Not unusual. Only a few miles drive home, but got stopped.

    I'm surprised she didn't get off the hook. I first knew her as a dancer where my ATF worked.
  • sharkhunter
    9 years ago
    I heard about the police in one small town set up a check point just outside the mayors home. He was at a party just a few blocks away, they pulled him over and arrested him almost right in front of his house. they said it was a coincidence. It got reported on the front pages of the local newspaper less than 4 hours later with big headlines. what a coincidence.

    Sounds like the same odds Hillary had in reverse of winning six coin tosses in a row in Iowa.
  • GACA
    9 years ago
    Thanks everyone, even my critics. It is a hard life lesson, I was getting too comfortable living fast and loose.
  • Clubber
    9 years ago
    shark,

    Sort of old news, but...

    http://www.miamiherald.com/news/local/co…
  • Lone_Wolf
    9 years ago
    Were you drunk? If so, your busted not much you can do about it. The only thing an attorney will do for you is cost you thousands and get you greater penalties . If first offense, take what the DA offers you.
  • Lone_Wolf
    9 years ago
    I know you won't take this advice and will get an attorney. After you get thru the process you will realize it was a waste of money
  • JohnSmith69
    9 years ago
    LW, sounds like you had experience with a crappy lawyer. Unfortunately there are lot more bad lawyers out there than good ones. But a good lawyer can really help GACA. Depending upon the jurisdiction, the charges might even be dropped. No way that happens without a lawyer.
  • shadowcat
    9 years ago
    The definition of a good layer is one that can get a charge of sodomy reduced to one of following too close. :)
  • Lone_Wolf
    9 years ago
    JS : Would have to know more details to know for sure but if the OP was really drunk there is little hope. Speaking from personal experience and what I've seen several friends go thru.
  • Subraman
    9 years ago
    L_W: agree with JS. Obviously enough, a good lawyer isn't a magic talisman against getting convicted, especially if the evidence is strong. But really, no one but a good lawyer has any idea how strong the evidence is -- nearly everything can be challenged in some way. And that's not even considering the inside knowledge a lawyer has about how willing to bargain a particular prosecutor is (maybe he's willing to bargain more than you'd think, if you only blew a .09, say, vs. a .14), how tough a particular judge is, etc.

    I know a woman who got caught with DUI, including breathalyzer. Dead to rights Lawyer got the prosecutor down to not just wet reckless (which doesn't have the same legal penalties, but does have similar insurance and other costs to DUI) because she only blew a .1, but got it down to dry reckless (which is a completely different beast). 0% chance that would have happened without a lawyer, IMO. Saved her thousands, got her her license back, unrestricted, faster, etc.
  • GACA
    9 years ago
    I was over the limit. Like I said i blew a .102
    I talked to a couple of lawyers today, one said he was going to plead me guilty the other said strategy. I want to avoid jail time most importantly the rest I can live with.

    I get it even if it's the first time they can throw the book at you. But I don't have a history of getting arrested ever, I do feel bad. I'll pay a lawyer because it does give me the best chance. I think when you hire an attorney the solicitor is more willing to work with one of his golf buddies.
  • GACA
    9 years ago
    The most important thing I've got going for me is that I am later 30's and I don't have a history of bad behavior. This is not a pattern of bad judgment rather an isolated incident. That's my case.
  • Subraman
    9 years ago
    GACA: My sister got caught DUI in a "mandatory jail time" jurisdiction. Turns out, even there, judges have some leeway to decide what "jail" is. If I remember right, she ended up spending time on a highway cleanup crew or something like that. The judges have ways around things, when they think it's the right thing to do. Good local lawyer who specializes in DUI should know how to proceed, IMO.
  • Lone_Wolf
    9 years ago
    These situations are difficult because the police won't give advice on how to deal with it and most lawyers just see dollar signs. A DUI is a payday for everyone.
  • Lone_Wolf
    9 years ago
    Subra: Who knows. I would bet the OP failed the breathalyzer , field sobriety test and even admitted he had been drinking. He's toast. All a lawyer is going to do for him is empty his wallet.
  • Lone_Wolf
    9 years ago
    GACA: ask the lawyer that wants to fight it what % of DUI cases be wins. Expect a very vague reply.
  • JohnSmith69
    9 years ago
    Although the charges could get dismissed, you don't usually "win" a DUI case if you're guilty. So this isn't baseball pitching. You can't expect the lawyer to have a win-loss record. What a good lawyer does is to get a lesser punishment for people who are guilty and would otherwise face a harsh punishment.
  • twentyfive
    9 years ago
    To LW I think a smarter question to ask a lawyer would be to give them all of the relevant information and after the attorney had had a chance to review it ask him or her "What is the best outcome I can realistically expect?"
  • NinaBambina
    9 years ago
    The only way you could plausibly get a DUI charge dismissed is on a technicality (ie, something like an illegal stop). If the pig had a reasonable right to pull you over via any moving OR non-moving violation, the best you can probably hope for is some sort of plea. Either way, I highly doubt you will have to do any jail time. You will, however, do jail time if you have a repeat offense. Yes, they may let you keep your license (with restrictions) and you will probably get probation, but your insurance will sky rocket.

    Don't drink and drive, but if ya do, call Saul!
  • shadowcat
    9 years ago
    Wouldn't happen now but back in the 70's a co worker got pulled over for suspicious driving. No 2 ways about it. He was smashed. Cops took his car keys and threw them in the trunk and told him to take a taxi home.
  • NinaBambina
    9 years ago
    ^Yes that's basically how my dad described how things were back in the day.
  • san_jose_guy
    9 years ago
    This is one of the reasons why I stopped drinking. I never did drink much, but in the last 25 years I don't drink at all.

    Any kind of drive to alcohol biz is a sinking business proposition.

    I go to the local alcohol clubs, because they have little or no cover charge. But the nude no alcohol clubs are better. On the road, where these exist, that's where I'll be.

    SJG
  • JohnSmith69
    9 years ago
    SJG how long til you buy the motor home?
  • san_jose_guy
    9 years ago
    Still got stuff to finish here f2f. Need to have some more victories that I can point to. But it is happening. Something was recently published in the newspaper which is extremely helpful.

    SJG
  • twentyfive
    9 years ago
    Is the motor home going to be a pedal car, or self propelled with the feet through the floorboard type?
  • san_jose_guy
    9 years ago
    I don't like gas, the strict mixture controls and the spark ignition. I want diesel. But some of the small van conversion companies seem to only offer gas.

    I do also do long distance bicycle riding and camping.

    SJG
  • Bavarian
    9 years ago
    SJG, when are you going to post a club review?
  • Clackport
    9 years ago
    Good luck GACA, call me if you need anything.
  • gawker
    9 years ago
    An attorney friend represented a mutual friend nailed after golf one day. Police claimed a .125 breathalyzer.
    Case thrown out when the lawyer successfully argued lack of recent machine calibration and lack of officer training (recertification). Then, the lawyer didn't charge his friend but made him pay all our greens fees the next week.
  • gawker
    9 years ago
    The breathalyzer is recognized as the tool to catch those drinking. Is the field sobriety test the only "tool" for those smoking weed?
  • san_jose_guy
    9 years ago
    Got to win some big victories first. Still have public responsibilities into contentious and 24/7 matters.

    So posting on TUSCL is about all the fun I get, for now. Anything else has to be extremely discrete.

    Anyway, zero alcohol or chemical intoxicants is darn near a requirement if you are going to operate a motor vehicle. I have found that it is the best policy to live by in all situations. All the more so as I am trying to build up a group of people, and it makes for the most practical policy.

    SJG

    Best of Woody Guthrie
    https://www.youtube.com/watch?v=tXQYbhL0…
  • JohnSmith69
    9 years ago
    Gawker lots of people are working on a test for weed like the breathalyzer. But while there are some prototypes nothing has been proven reliable yet. So the way it happens most places is if you fail the field sobriety test but show little or no alcohol intoxication they take you in for a blood test for other drugs. The problem with this test for weed is that thc stays in the blood a long time. I sometimes feel the effects of weed days after smoking but to a very limited degree.
  • san_jose_guy
    9 years ago
    JS69, becoming a living testimony to the problems associated with marijuana.

    SJG
  • GACA
    9 years ago
    Hired a local lawyer. He's gonna fight but it's all coming down to the video
  • san_jose_guy
    9 years ago
    Good Luck!

    SJG
  • NinaBambina
    9 years ago
    "Gawker lots of people are working on a test for weed like the breathalyzer. But while there are some prototypes nothing has been proven reliable yet. So the way it happens most places is if you fail the field sobriety test but show little or no alcohol intoxication they take you in for a blood test for other drugs. The problem with this test for weed is that thc stays in the blood a long time. I sometimes feel the effects of weed days after smoking but to a very limited degree."

    And anyone who gets a DUI for that and is actually found guilty either hired a shitty lawyer or a court-appointed also shitty one who doesn't give a fuck. Unless I incriminate myself by telling a cop I'm under the influence of weed, my lawyer would have a charge like that dropped with confidence and ease.

    I also find it an unfair mistake of mother nature's that weed, one of the safest recreational drugs, stays in your system longer than any hard drug I can think of. A lot of hard drugs are out of your system within a few days. I've known people take almost 2 months of no marijuana use to pass a piss test. Bullshit.

    JS, I also find it interesting that you can still feel the effects, even to a small degree, DAYS later. Are you smoking by the pound? I can see being a bit groggy the next day after heavy smoking, and no doubt mildly feeling the effects of edibles the next day, but days later after smoking? Wow.

    SJG, enough. You don't even know the truth.
  • san_jose_guy
    9 years ago
    The truth is very simple, it would be better if people didn't use marijuana.

    SJG
  • san_jose_guy
    9 years ago
    But again, I do wish GACA good luck in fighting his case.

    SJG
  • NinaBambina
    9 years ago
    SJG, smoke a blunt and then you will be enlightened.

    Lol
  • NinaBambina
    9 years ago
    Actually SJG, weed was made illegal because of false propaganda. There is no evidentiary support that "it" would "be better" if people didn't use marijuana. What is "it," anyway? Marijuana isn't nearly as dangerous as alcohol.
  • san_jose_guy
    9 years ago
    Enlightenment means self-awareness, feeling your feelings.

    This is not a new subject, not in the East and not in the West.

    Now yes, there have been people who have sought their version of enlightenment via chemicals, like mushrooms.

    But in the more advanced religious forms which came into play 2000 years ago, this was completely abandoned.

    As for myself I work to build up a network of comrades. I have no use for people who try to tune out. I need people willing to fight, and who know that they need all of their faculties.

    The best ritualistic material is not chemicals, it is sex.

    Anyway, whatever I or others may think about this, I want GACA to come out okay in his case.

    SJG
  • san_jose_guy
    9 years ago
    " Actually SJG, weed was made illegal because of false propaganda. "

    I do not disagree with this.

    And I have even said that myself I don't want to recriminalize it.

    But I do still say that it is better if people don't use it.

    SJG
  • san_jose_guy
    9 years ago
    I would like to see tobacco, alcohol, marijuana and some other drugs too all treated in the same way. There will be time, place, packaging and advertising restrictions. But they will not be outlawed or unobtainable in any way resembling Prohibition.

    I'm not even arguing here for sort of long term danger, only the simple position that it would be better if people never used such things.

    Good Luck to GACA in his case.

    SJG
  • NinaBambina
    9 years ago
    SJG says, "the best ritualistic material is not chemicals, it is sex."

    OH PLEASE. And what is it that makes sex pleasurable and fulfilling?! Dopamine, Prolactin, and Oxytocin... All CHEMICALS!

    I also wish GACA the best, DUI's suck, but this situation can be looked at as an unfortunate learning experience.
  • san_jose_guy
    9 years ago
    Yes, sex involves chemicals, like that endorphin rush. Just ask Mr. LDK82.

    But, that is not all sex is, not when done well.

    I wish GACA luck and I don't want to be seen as casting any impunity on him. Any contact with the Criminal Court is a nightmare.

    SJG
  • s88
    9 years ago
    @Subraman train to SC? Your reviews say SF. Doesn't SF have the standard 5 AM to midnight operating hours?

    I probably should start using Uber. Many SCs are in the middle of nowhere industrial parks. Missed my [last] bus back to the hotel and the nearest 24/7 metro line was 3 1/2 miles away by foot.
  • san_jose_guy
    9 years ago
    Train to SC?

    You mean Strip Clubs, or Santa Clara County?

    Strip Clubs in Santa Clara County are not much, and their aren't many, and there aren't many in industrial parks.

    And then we don't have that many other choices anywhere within hundreds of miles.

    Train to Club Fantasy in Sacramento? Train to San Gabriel Valley in the Greater Los Angeles Area?

    Take the Cal Train or BART and then window shop San Francisco AMPs on foot until you find a girl you really can't say no to.

    SJG
  • s88
    9 years ago
    I probably should start using Uber. Many SCs are in the middle of nowhere industrial parks. Missed my [last] bus back to the hotel and the nearest 24/7 metro line was 3 1/2 miles away by foot.

    5 out of 6 taxis in that city never picked up the phone at 1 AM or were voicemails. The one that did pickup the phone wanted $75 for 3 1/2 miles from the SC down the interstate to the 24/7 metro and I have to wait 45 minutes, told them to go fuck themselves. I started walking 1.5 miles to the nearest train station that opens at 4:50 AM to wait until it opens. By some miracle a city bus showed up next to the closed station and that bus did the 3.5 miles down the interstate and dropped me off at the 24/7 metro and I got back to my hotel. I later googled the schedule and found out that other bus line 1.5 miles away has hourly 24/7 service, when I thought previously that particular city bus agency does not operate 24/7.
  • NinaBambina
    9 years ago
    SJG says, "yes, sex involves chemicals, like that endorphin rush. Just ask Mr. LDK82.

    But, that is not all sex is, not when done well."

    Dopamine - gives you a pleasurable reward.

    Oxytocin - strengthens emotional bonds thus giving one a feeling of intimacy.

    Prolactin - makes you feel fulfilled, which is a reason sex and orgasms are fulfilling.

    Oh and androceptors which raise our desire for intimacy.

    Not trying to kill your boner, but all the enjoyments of sex are a result of the brain's reaction to chemicals. It's science.
  • san_jose_guy
    9 years ago
    That euphonic feeling is mediated by chemicals. But the actual act involves more than just feeling good.

    As I have been trying to explain in one way or another since I first registered, I don't go for ejaculation services in strip clubs or amps.

    I only want GFE-FS.

    When say in San Francisco strip clubs with an 'extras' offering, I've instead turned it around and DATYed their dancers. Its all just for fun, and that has a big effect on them, all the more so as that is not what they get the most of.

    But I don't ever talk to any of them as though they are selling sex for money. I approach and engage with them in a civilian way.

    Doesn't always work, but when it does the results are mind blowing.

    The real issue is if the two people can connect, find that meeting of the minds and acceptance.

    And then of course to make it work, both people have to be able to let the para sympathetic nervous system take over from the sympathetic.

    So yes, orgasm releases brain chemicals. But there is also a whole lot which has happened before this.

    I mean one of the biggest challenges in this world is connecting with another and being seen as a legitimate human being, instead of a Pathetic Looser.

    So that preliminary GFE approach, and then the girl consenting to full eyes open non-dissociated civilian style FS with a guy for the first time, that is a big deal. And tantric approaches focus on the energy flows and resonance in the chakras. So yes, chemicals, but also a great deal more before it comes to that.

    SJG
  • NinaBambina
    9 years ago
    Thanks, I now understand completely.
  • san_jose_guy
    9 years ago
    And thank you.

    SJG
  • JohnSmith69
    9 years ago
    Holy shit. Did SJG just have an intelligible conversation in which meaningful information was exchanged and understood? If so, this is some sort of paradigm shift.
  • san_jose_guy
    9 years ago
    :)

    SJG
  • twentyfive
    9 years ago
    Maybe but he completely hijacked the thread just like every other he gets on. I thought the topic was DUI so not really intelligible convo, more like paradigm shifting is his intent.
  • san_jose_guy
    9 years ago
    :)

    Mostly SJG is just responding to other people. That is when it gets intense.

    SJG
  • twentyfive
    9 years ago
    By that you mean the voices in your head right.
  • san_jose_guy
    9 years ago
    No, people with their own well formulated views like NinaB

    SJG

    Miles Davis and Sonny Rollins
    https://www.youtube.com/watch?v=aQxJCrGS…
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