DUI with low BAC advice please?
Got charged with a DUI in Southern California after I was pulled over for mild speeding. Arrested at 2:30AM because my eyes were bloodshot and told the officer I had 3 pints over 6 hours (that is true and I thought I was being relatively responsible). Arrested without a breathalzer! Blood test came back under .08!. Still facing charges.
According to all of the websites, the Field sobriety tests were improper. One leg stand I was not instructed to count to 30 and even though he said I had trouble maintaining balance, I maintained balance. Same thing with the heel to toe test. He did a horizontal gaze test, but it was not included on the police report. I have documented eye and back problems (still legal to drive). I've got a lawyer. Anybody have an idea of what to expect for me with a low BAC first time DUI while I was sober?
There is no legal limit!!! Warn your friends. Don't let this happen to you or them. The law will try to destroy good people for things like this.
June 28th, 2010 - 08:07
i’m assuming you’re over 21..but anyway my friend recently had the same thing happened where they administered tests not approved in the specific county, but it didn’t matter anyway. however; she was under 21 and its illegal for any BAC underage obviously so she got her license suspended for 3 months. in any case, if it’s on the record that your BAC is under the limit then they should throw the case out..as far as i can see, that’s what it looks like..not to mention they
June 28th, 2010 - 08:32
In every state, the “legal limit” is now .08, but that terminology can be misleading because:
In most states, .08 is not the highest level at which you can legally drive, but the level at which you are presumed to be under the influence. Most statutes make it a crime to operate a motor vehicle “with a blood alcohol content of .08 percent or greater”, or language to that effect; and
There are a variety of situations in which a person whose blood alcohol content (BAC) is lower than .08 may nonetheless be charged with a DUI or related crime. For instance:
Many states have separate statutes relating to underage drivers, and those drivers can be charged with DUI or an equivalent crime at a much lower BAC. In some states, the level is .02, while in others even a trace of alcohol is sufficient for conviction;
Most states have separate statutory provisions that allow for conviction of DUI if the driver has a BAC lower than .08, but also shows other signs of impairment; and
In most states, commercial drivers may be charged with driving under the influence at a lower BAC than an individual operating his personal vehicle.
Many states have a more serious crime called “aggravated” or “extreme” DUI, which imposes more severe penalties with drivers who exceed a certain BAC-the level may vary from state to state, but is commonly .15 percent
Just because you didn’t know the law makes you less guilty of the crime. You drove while under the influence you need to take responsibility for your actions and stop trying to get out of it because you didn’t know. It’s always been known to me that if you have a sip of alcohol and something happens to you or your caught driving you can get a ticket for DUI. So, you’ve probably been driving for a while you should have already known this.
June 28th, 2010 - 08:51
You should not have been instructed to count to 30 on the One Leg Stand Test. You are instructed only to count until the officer tells you to stop per NHTSA guidelines.
In order to “fail” the OLS test, you need to display two of the following clues:
-Sways visibly while balancing
-Hops
-Puts foot down
-Uses arms to aid balance
In order to fail the Walk and Turn test, you need to display two of the following:
-Starts before instructions are finished
-Fails to maintain heel to toe stance during instructions
-Incorrect Number of Steps
-Steps off line
-Uses Arms to Aid Balance
-Improper Turn/Lose Balance while Turning
-Stops While Walking
-Fail to touch heel to toe
Just because the HGN was not in the report does not mean it can’t be used in court, if the Officer can testify to it, so that could still be in.
There are almost no eye and back problems that will throw out the SFST’s. Even if they all get thrown out, the officer’s observations of your alleged impairment can often be enough for a conviction.
The average cost of a first time DWI nationwide is about $2000. This includes attorney fees, fines, court costs, and alcohol classes. Being under the limit is not always the same as not being impaired.
June 28th, 2010 - 09:02
Don’t get all caught up with some of the little garbage here. Put your thinking cap on and act immediately. Call the DMV and get a hearing. You MUST do this in the first 10 days, NOT 10 working days…10 days! Have your hearing with the DMV, they will give you a date to attend and where. They will have the officers report and the officer will be there. The officer goes first and tells his “story” and then he leaves. You then have your chance to give your side and this is really good because, DMV most likely will not take your license. In this informal hearing you need to go and just be yourself and tell a very simple version of the story, they don’t want to hear all of your legaleese that you have learned from the internet and all of your newly appointed attorney friends. Just tell it like it is from your heart, they’ve heard it all before and are really good at knowing who’s trying to prove themselves and those who have been unjustly charged. But if you don’t get the hearing, you are skrewed. Kiss your license good bye until you get to court and it gets cleared up and that can take a while. This way you will retain your license while the court attempts to locate it’s a$$.
Then you have a court date, show up and they are just going to ask you if you understand the charges. This is not a time to claim your innocence. It is time to make them give you a Public Defender. Even if you have money, I can’t tell you to lie but you can do what ever you need to do to let them appoint someone to you. Tell them you don’t have a job right now (if you are at the court, you aren’t working right) then you get the P.D. phone # and call the P.D and let him get on it. You may not even be seen on the day you are suppose to appear in court because they are so backed up right now that people are being put off for months BUT YOU must still do what ever they say. Also this may not even get to court, the D.A. has up to a year to file and he may, after reviewing the information, choose not to proceed. The only way you find this out is to keep showing up or calling when they tell you. You will have to do what ever they say and you will be really mad, outraged, infuriated because you have to do everything and if you don’t, YOU go to jail. They get to *^#@ around with you AND you have no recourse. Oh yeah…they don’t care.
At this point, get the DMV hearing, go to court when told and hold your breath. Don’t make any waves about it, don’t draw attention to yourself. This has happend to more people than you can imagine. Fly under the radar, and they may go away soon or fly unde the radar, doing all they say and then it will go away. No matter what, it SUCKS! big time. I have 2 friends that are going through this right now. BOTH of them went to their DMV hearings and WON, they did not loose their license. One doesn’t go to court until August and the other is on the “call us back in 2 weeks to see if the D.A. filed the paperwork.
Don’t try to save the world on this one, I know it’s tempting but it ISN”T worth it. Fly low, and keep your nerves steady…it’s hard but I’ve had a LOT of experience myself (unfortunately) and I really understand (more than I’d like to admit)CA & the DUI system and it is a system!
I’m sure when I say this you are going to be insulted but…calm down, understand you can only accomplish one thing at a time. Don’t try to become a “poster boy” for being unfairly targeted (even though it sounds like you are) this is about preservation of you, your criminal record and driving. Stop getting in knots about this and work on it! Take ONE step at a time, keep a mild demeanor at all times and you will prevail.
If you want to email me, feel free. I’m in No. CA (I hate saying NorCal) lol