Please with hold judgment when responding guys, most of you know me so I'm not worried about you guys but for the others...this is the worst day of my life.

Got out of jail a few minutes ago and need some advice. This is what happened:

Got pulled over for rolling a stop sign, pulled me and everybody inside the truck out and put us on the curb. They opened the doors and looked inside, dug around a little and found an open container. This may have been because one of the girls had a warrant for an unpaid ticket, not sure if that was legit or not. Everyone took a BAC test, I refused to blow and said take me in. I went to the hospital and they pulled the blood, not sure the BAC but for now I have a DUI and no license. It automatically suspended for one year because of my refusal. I am not sure if that was the best route, nonetheless I took it. Can any of you provide legal advice as far as how I should handle this, the DUI is really going to hit me come Xmas gift time. Severely embarrassing as well walking into the PD where everyone has known me since I was young and the word had already spread.

Also, the officer was pressing me to give him consent to search my vehicle and I also refused that, he said he had probable cause already but wanted my consent anyway (he insisted it could only help me). I know they play games so I did not consent.

Thanks guys, I know there are a lot of you unremourseful fellas out there so if you have it in you to skip this thread please do so. I assure you, I will not be let off the hook anytime soon...

 

Were you drunk? Or did you have 1 drink?

 

Well i will tell you that you did the right thing by not blowing. Even though they took blood that is not an accurate representation of what it was when you were driving. It could have technically been lower at the time the cop pulled you over. They will never have proof that you were above the legal limit when behind the wheel. I had a lawyer tell me that if you know you are above the limit you should never blow.

Next thing is you have to get a lawyer and get one fast. It will cost alot but you need to get a good one that has heavy experience in DUI's. The cost of the lawyer will be nothing compared to if the DUI is on your record. You can spend thousands and thousands on a DUI.

All becuase they say your liscence are suspended for a year doesnt mean that they really are. If your lawyer gets on board with you early he can hopefully prove that you were not above the limit at the scene and get the hospital blood test removed where it cannot be used as evidence.

You definately did the right thing by not blowing becuase if you get blow over the limit or refuse you are going to lose it for a year anyways, but refusing makes it really tough for the police to prove that you were drunk when the cop pulled you over.

 

Dammmmmmm J. I have no legal advice to give you but I hope things get better from here on out.

 

Good luck Mr. J.

 

This is what confuses me. If he refused to blow, can't that hold up as an "admission of guilt" in court? Much like refusing to have the cop go thru his vehicle, if he doesn't have anything to hide, why refuse and make things alot more difficult than they have to be?

Yes, but doesn't he still get charged with DUI anyways?

 

Major Bummer Dude!!! No real good advise here cause you already made all the right decisions, but certainly get a lawyer on the job FAST.

So what was your situation...were you wasted or in the "just a few" and weren't sure if you would pass the BAC or not.

It plain old sucks, but good luck with all of it man.

 

hopefully the BAC from the blood works out in your favor. that will give you some ammo to fight it hopefully.

 

Sorry, man. Wish I could help with some advice, but I've never traveled that road. :o

 

That sucks man. Hope everything turns out good. Did he check everyones ID then ask to search the car? Do you think you would blow over the limit if you took the breathalizer?

 

Not an admission of guilt at all, I wouldn't blow, and I don't even drink. If I am not impaired and am not doing anything wrong, then I should not have to stand there and be treated like someone who has done something wrong and submit to a test to prove that I am not doing anything wrong. the burden of proof is on them, not me, and without probable cause, screw whoever wants to test me or go through my things. It's none of anyone's damn business what the results would be if I blew, and just because they are the cops gives them absolutely no right to know what I would blow, unless they had a good reason to suspect that I was drinking and driving.
It's a personal right to not be searched and have my things gone through just because some a-hole is on a power trip, I don't care how much more difficult it makes things for the cop, they're making it much more difficult for me by making me stand around and watch while my personal things are gone through by some random person.

He may still get charged with a DUI anyway, but there is no proof of his BAC at the time he was pulled over, so with a good lawyer, he will be alright.

 

im assuming you did have a drink or two before, so in that case i hope for you its under the legal limit and may be let off easy and get your license back at least, but for future reference for everyone, CONSENT ALWAYS, especially if you have had a drink or two, if you refuse to let them search or breathalize they will be harder on you.

the open container you will get something for that, unless you can get whoever's it was to confess and possibly get that reduced since you didnt know about it, also if your bac is over the limit and your nice in court and present yourself well they may take off the open container

if your bac is under the limit you probably would have a hard time getting off from the open container but they may at least give your license back sooner

 

If you refuse or blow you are pretty much going to end up with the same result. You will be charged initially with a DUI and taken to jail. If you blow for the officer and blow over the limit there is nothing a lawyer can do for you because that proves for a fact that you were not legal to drive.

At least by him refusing the lawyer will have something to work with. There is no way a lawyer can get it completely dismissed like a speeding ticket but i would say since he didnt blow the lawyer has a good chance to get the charges lessened.

 

yeah I was in the category of "just a few" and wasn't sure. I have no idea what the BAC was yet, I asked but they said it takes time to find out. They checked the ID's first and then the car. The funny thing to me was they would not enter the vehicle (they used their flashlights to look through the windows) until the Sergeant showed up and he just ransacked it like he was above the other guys.

 

get a good lawyer and have your day in court