I agree the law sets the standards too low, then again, too many people get away with driving impaired, either drunk, high or not paying attention. I think the BAL should be higher and combined with a sobriety test, but the penalties should be more severe and non-negotiable. You're in command of a lethal weapon. Maybe you have no regard for other people's lives and safety, but I do. No high horse, just the truth. Maybe you need to be affected by a drunk driver to care. I hope you start caring before someone you care about is killed or maimed for life. I have not been impacted by a drunk driver, I hope I never am, but I don't need to be to realize how bad it would be. I'm not sure which would be worse, being impacted, or being the drunk driver impacting someone else.

Again, the OP says "a few", that sounds like "a few too many". Maybe it wasn't and if that's so, I wish him well. If he was drunk, he deserves no sympathy, he had none for anyone else on the road.

The guy that did this only had a few.

 

I agree with your reasoning 100%. However, he's already said he refused the FST, and apparently, the CA laws are such that they can submit him to testing just by being a licensed driver. Sticky situation for sure.


I never said what he did wasn't wrong, dangerous, or dumb. Futhermore, I never said your opinion of his actions was wrong. I was merely stating that since we've ALL done things in our lives that were potentially dangerous or just flat-out wrong and/or dumb, it should be harder to point fingers just because we made it out of said past situations uncaught and alive when others don't. He'll pay for what he did (if he was wrong) as the law warrants. The law may judge him...I won't.

Also, since he's obviously distraught and apparently morose about it, and he specifically asked for advice instead of opinions, we should honor that or just not post (also as he requested).

 

^ Lmao, People easily mistake these days....

 

"So when they continued asking him, he lifted up himself, and said unto them, He that is without sin among you, let him first cast a stone at her." John 8:7

I agree with DewserB, he simply came here and asked for advice, not to be ridiclued. Any one of us could find ourselves in a similar situation, (maybe without the open container) whether we have been drinking or not. Bottom line is the decisions he made, good or bad, are just that; made. Now he faces new decisions for which he asked asked for advice on. As for my advice, it falls in with the others. Seek an attorney quickly, learn from the decisions you have made, and keep your head up! Good luck with the challenges you face.

 

Maybe the parents would be involved if the girl was 17, but what can the parents of an adult do in this situation?

 

I'm not saying that drunk driving isn't a terrible thing to do. I'm just saying that the definition of drunk driving is too broad.


I think they should have a progressively worse punishment for each "bracket" of BAC.

.08-.1 Fine and points (similar to a careless and imprudent driving ticket)
.1-.12 -- higher fine. loss of license for a short period.
.12 - .15 higher fine, loss of drivers license for an extended period.

etc. you get the point.

I don't think peoples lives should be drastically altered just because they had 2 beers on an empty stomach and drove home.

The guy that was drinking a driving in the link you sent me had a much higher BAC.

 

Holy crap momalle1, everybody in their life has driven with "few too many," be it once and didn't get caught or 10 and got caught every time. For the record, the average male drives drunk over 200 times before he gets arrested. I have been lucky and never gotten a DUI, I got my fair share of MIPs when they were applicable but, since I've turned a corner. Who are you to determine wheather or not he was drunk? I bet me and all of my 225 lbs can have the same amount that you can, and not be half as impaired.

Your right to drive around on the roads that don't have any drunk drivers is his right to drive around on them as drunk as he pleases. You are taking on the responsibility of putting your self into an envirnment that may or may not be hazerdous and he is taking on the responsibility of dealing with the chances that he took. The fact is he didn't hurt anybody and you should get off his case, your not providing any assistance here so why don't you move on.

Josiah-

It might sound a little over the top, but get some info on AA classes, drug and alcohol awareness courses. community service reps. Start doing these things now. Come your first day of court, when your pleading the judge that you are a one time offender and that it will not happen again and that you are so very sorry for having made a irresponsible decision, it will hold a lot more weight when you can tell her that you have already started these things. You are going to have to take them anyway.

I don't think that doing any of this will admit guilt or the like, becuase thay are going to throw the book at you any way, and the least that you would get would be a suspension and a load of classes an CS.

You might have a case for a long and hard road of getting it off your record if you fight it. If you play their game, it will be much easier on you and your wallet.

 

honestly, I could care less where this thread goes on from here.. but where did you get your so called for the record statistics? I've never driven drunk.. but then I guess I'm exempt since that only applies to average males.. I guess I really am above average! lol.. the truth of the matter is, lawyer or not, there isn't much he can do to change his situation.

 

Best advice I can give you josiah, is one: stop posting in here. delete what you can. Period, end of story. If you do, I will delete this post.

2nd: get a lawyer. There are lawyers who simply specialize in DUI cases. Look into it.

Thats the only good advice I can give. I do know these laws very well, and can find out anything for you, if need be. You know how to get a hold of me. I wish you the best bud. take care bud, and please let me know if ya need ANYTHING !

and, just to throw it out there, this thread is FILLED to the brim with BS (surprise, I know... ) and holier then thou crap. Knock it off. Offer advice, or **** and GTFO.

 

From someone "in the know", I can tell you Zeruin is the only person here that has posted anything near good advice and fact with regards to Josiah's case and the laws in California.

Josiah - Good luck to you. Hopefully, you learned some valuable lessons from this experience.

 

My best friend is a DUI/criminal defense attorney in Minneapolis. From listening to him talk about DUI's, it sounds as if 95% of your fate has already been determined at this point, and your only chance for a reprieve will lie your attorney's ability to find some sort of legal loophole that you can jump through. Regardless, you likely just made one of the most expensive mistakes you'll ever make in your life.......

 

The best advice is to get an experienced lawyer and get real legal advice. Find a lawyer close to the court you will be tried in. He should be familiar with the judges you can expect to face.
The California Implied Consent Law does require a driver to submit to a BAC test upon demand by law enforcement. A 'Field Sobriety Test' is not a BAC test. A lawyer may tell Josiah he was within his rights refusing the FST. However, he still needs to take a BAC test.
The driver has a choice of one of the following;
1) Breathalyzer.
2) Urine.
3) Blood.

Josiah did have a blood test. If he consented to this, he has satisfied the legal requirement in CA.
If the open container was in plain sight, the officer acted correctly.
If the open container was not in plain sight, the officer would need probable cause or consent to search. This is where the lawyer comes in. It all depends upon how the officer came upon the container.
Josiah had a legal right to refuse the search. If the officer had Probable Cause, he did not need to ask.

The breathalyzer can be unreliable. Lawyers make money by challenging the calibration and condition of the machine and the operator's skill in using it. Personally, I would choose the Blood test if I was innocent. Blood is the most reliable. If I was guilty, I would choose the breathalyzer because it is the most easily challenged.

The open container law is separate from DUI in our state. A driver can be guilty of either one without being guilty of the other. Again, this is where a lawyer earns his $.

 

my ex's dad is a lawyer in modesto, he was private practice but is now with the da. if you need any advice or potential lawyers let me know and ill relay the word

 

Lots of opinions that the cops did not have probable cause for the vehicle search. Maybe that is something the lawyer can fight.

However, Josiah was originally pulled over for rolling through a stop sign. I'm guessing it was late night, in an area with nearby bars.

Seems to me that rolling through a stop sign is an example of impaired driving, giving the cops enough 'probable cause' for the search, even if they could not see the open container through the window.

 

Good luck on your case man, if you were not deserving of a DUI, I hope that is the result that comes from this. Im only 24 so take my advice if you want.

I disagree with anyone who says that we have the 'right' to drive on our roads drunk. Wrong. You may have the freedom and ability, but as far as a 'right' to violate the natural law and put innocent people at risk? No.
I was in a 4 car, head on collision 3 years ago. The guy who caused the wreck "only had a few" but in his doing so, he wasn't able to control which side of the road his truck veered onto for a few seconds. It nearly took my little sister and her best friend's life. So anyone who wants to dispute an officer for looking for their/our protection, here's a reality check. I hope that it never happens to you, but the first time you lose a family member or friend to someone who "just had a few," you'll respect the laws purpose more.
I understand that police officers can be *******s about it; I've dealt with them enough.

If we didnt have the drinking limit set low at .08, things would only get worse as we allow people to drive more and more intoxicated. This is coming from someone who has driven intoxicated but quickly woke up and realized that
1. It's not worth it
2. The law (most of the time) is looking out for our best interests
3. Your simple action of driving "after a few" could end up with you paralyzed, dead, or worse, injuring or killing an innocent person or people.

Good luck in your case. If you're guilty, stand up and tell the judge that. He sees people every day trying to back out of things and avoiding responsiblity. Start on community service,etc right now and show the judge you're sorry and that you don't want the punishment to permanently impact your life and financially wreck you, becasue it can.