What are the odd of me beating my DUI case?
>Drove car up on curb and got stuck
>Cops show up 2 hours later
>Refuse all test
>Cops lie on police report stating the Fire Deparment showed up first on scene and found me passed out at the wheel
>They get a warrant for my blood
>BAC was 0.21
this happened in California
so you're nearly three times the legal limit, and it's your word against theirs
you're toast
damn
You break the law, ergo, you are screwed. Is not about "dat bad cops lie", you where drunk, you must pay for it
Hire a lawyer. He'll be able to figure out how to prove the lie about the firefighters.
Besides that, you're going to have to fess up and pay your dues. Not the end of the world.
Just be smart next time.
Are you sure they didn't find you passed out behind the wheel?
Had a similar thing happen to me and to this day I don't remember all what happened - apparently some people knocked on my window when I passed out, and then I tried to drive away and crashed a second time.
Our memory is blurred by the trauma and by the alcohol.
whether they lied or not about the firefighters showing up, the legally obtained blood alcohol test proves you were drunk.
Quit being a cunt and own you mistakes like a man
Conclusively, even.
The only way this could get called into question is if your represenation implies the sample is invalid because the officer was dishonest and could have tampered with it.
He should have done the breathalyzers, much easier to dispute. You can call into question the data that was entered.
Blood is pretty cut and dry, and medical, and quite precise.
>refuse all tests
>warrant for blood
Every state in the US has implied consent law on their drivers license. Even if you had a lawyer who could successfully throw out your operation of the vehicle you still have to deal with the penalties of your refusal.
Seeing as they needed to get a warrant, I'm assuming this isn't your first rodeo so nobody will take mercy on you. You fucked yourself dood.
Drive as fast as you can into a wall you drunk driving POS
it was actually my first time going to jail
First time being arrested for DUI?
Yeah, that's another question.
Do you have a record, what's your standing int he community, how old are you, and are you employed?
Also, here's your only real option at this point: lawyer up, get a good criminal lawyer, preferably named Goldstein or Greenberg.
Go to counselling, and AA meetings before you're even asked to. I don't care if you think you need it or not. If you demonstrate remorse, and also that you reach out and get help, you will get leniency. You won't get off the hook, mind you, but you will get leniency.
They want to see that you're taking measures to correct your wrongs so this doesn't occur again.
It's all about being proactive.
They can't prove you were driving drunk. Maybe you parked there sober, turned off your car and proceeded to get hammered, walked off, disposed of the bottles, walked back and waited in your car drunk.
yeah
Exactyly. Thats why I feel that I can fight this case.
In a lot of jurisdictions being alone in a car intoxicated is enough to solidify a drunk driving conviction.
It's more damning if he was found with his keys in the ignition, or if there were open bottles in the vehicle.
I know you're trying to think your way around this, and I agree, logically speaking there's a lot of grey areas that should probably be looked at in these cases, but the court doesn't care and usually thinks in terms of Occam's Razor.
Trust me. That never works for anyone.
Also do you know what all the charges are, and what state are you in?
If you have multiple charges I'd get your lawyer to talk with the state and ask them to plead down to the minimum of the smallest charge. To do this you will have to demonstrate remorse, get that counselling I mentioned before, etc.
Do this counseling before the state even asks for it. I cannot stress this enough.
The more you fight the more the judge will get annoyed and throw the book at you. They want to see you being responsible, not being a scumbag.
Heed my words: This will NOT go away. It's going to loom over you for a while, and you need to prepare yourself for that.
Having said that, a conviction like this is not the end of the world. Be glad you don't have an assault charge, or robbery or something.
Get a good Criminal lawyer, talk to him, explain your case, he'll tell you if you can fight this or not.
Point one. If you're telling the truth that the cops lied about when the FD got there, any half way decent lawyer should be able to get ahold of dispatch logs and destroy their timeline.
Point two. Technically, you did have a BAC that was not even close to the line, which means unless your lawyer can get that BAC test thrown out on the grounds that it was obtained illegally, your pretty much straight fucked.
Point three. The user who stated that every state in the US has implied consent law when you apply for a driver's license is on to something. I don't know shit about Cali's law, but in my state, you have the "right" to refuse a breathalyzer or blood test as the operator of the vehicle, but if you exercise that "right" its an automatic 12 month forfeit of your license.
Point four. Best case scenario, you don't get out of this without spending a shitload on a very good dui lawyer, and even then, it doesn't sound like your odds are great. Get the lawyer if you can afford it, otherwise, GL
Implied Consent and the things you agree to when you sign up for your drivers license are made to work against you. Think of it as driving is a privilege, not a right. Regardless of the outcome of your court case the DMV still will revoke your license and make you either get an occupational or have a breathalyzer in your car. Giving blood and going with the program may make you more guilty, but the penalties are far less worse. You aren't going to go to prison, but you are going to have to pay thousands of dollars to get your license back. Since you were over a .15 and you refused testing you are almost guaranteed to have a car breathalyzer when you magically end up getting your license again.
The lawyer will look at any and all to get you off, such as the cop's credibility. I sat on a jury of a DWI case and the lawyer asked the cop how much experience he had making DWI stops, the cop responded that he had administered thousands of tests. Then they lawyer asked how long he had been a cop, one year. The guy was declared innocent.
You're a degenerate fucking pig and you deserve everything you get. You're the lowest of the low.
Can confirm all this.
I went through the breathalyzer thing and it was annoying at first, but I found it actually improved the quality of my life as it helped me quit drinking.
It's expensive, but does actually help. It's annoying af tho.
aw is sumbudy mad cuz his mommy got killed by a big bad dwunk dwiver?
u assman cuz sum1 took her away fwum u????
u gonna cwy about it you wittle retard???
hahaha go cwy to ur mommy
o wait i 4got
SHE DED
the presiding theory amongst the boys back in the day was, if you ever had to sleep off your buzz in your car, put your car keys somewhere outside the car, (behind a tire was always a classic) and sit in the passenger seat, not the driver's seat
LMAO ok
no. get a DUI specific lawyer. Have him contact the fire company and get them to give their report of what happened. If their report varies in any way from the police report, contradicting what was already said, you'll have some hope. but if the reds and blues feel like sucking each others dicks, you're fucked.
Otherwise, getting a DUI is pretty shitty, but get on the ARD program, if they ahve it in commiefornia, and you'll basically be smooth sailing to freedom in 6 months or so.
So a drunk person can give consent for a blood test, but can't give consent for sex
#savage
With a .21 BAC you probably were passed out when the firefighters arrived on scene and you were too drunk to recall them there. Enjoy your anal rape in jail you degenerate loser.
This guy is mostly right. You aren't going to argue away a DUI charge with a ridiculous hypothetical line of reasoning. That can work for lower charges where no one was really in danger and the state really doesn't care who takes the blame (e.g. I once argued my way out of fault in a fender-bender traffic incident in traffic court), but DUI is taken extremely seriously.
If you have a very clean record other than this incident, cooperating for a lower charge is a more likely way out. But for something this serious you definitely need a criminal defense attorney to make sure your interests are addressed.
If the police really "lied" about something that can so easily be disproved, maybe your lawyer can work with that.
He has no priors, and he's a non-violent offender, he's not going to jail retard.
Besides that, you're spot on.
let your boyfriend drive next time.
I didn't give consent to a blood test. They got a warrant and threaten me with Resisting Arrest if I didn't give them my blood.
You're on Sup Forums asking for help with a DUI...
You sure are something, op.
Its all on video. I saw the squad car show up first.
If they tested your blood 2 or more hours *after* the point when you were operating a motor vehicle then that does not give any indication of what your BAL was when you were in control of the vehicle. You could have downed a pint during the intervening 2 hours.
Easy case for an attorney if fact pattern is as you claim.
lololol no. It is illegal to be in a vehicle at any time while intoxicated if you are in reach of your keys, or even know where your keys are.
Yes, you can get a DUI for entering a motor vehicle that is not turned on, as soon as you sit down and close the door with the keys in your pocket.
>Cops lie on police report
Yeah, that's not a good defense. In fact, without any evidence to support that claim, it's the worst.
Im not gay
Technically they're right... more like Obstructing an Investigation.
With a warrant they could've strapped you down and forced you to if they'd really needed to.
Your blood was no longer your property the moment that warrant was signed.
>Cops lie on police report stating the Fire Deparment showed up first on scene and found me passed out at the wheel
How would you fucking know one way or the other if you were passed out drunk, faggot? I hope you lose the case. People like you deserve to suffer
Theres a video.
Then prove it faggot.
Suck my dick.
If you like it you're gay, if you don't I'll let you off the hook and concede you're not.
Your call.
This
my DUI got totally cleared out. Hired a lawyer, did some community service and a 3 day abuse program. dragged it out for 3.5 years (kick ass lawyer so i could drag my feet). It's not the end of the world. .18 BTW with drugs and open beers in the car.
3edgey5me
>Your blood was no longer your property the moment that warrant was signed.
Welcome To America
>You could have downed a pint during the intervening 2 hours
He was in custody during that time.
His bal could only have been higher, not lower.
It's funny that lab results are pretty cut and dry in the DA eyes, unless it proves their victim innocent.
There are over a dozen cases and mounting with Georgia new Drug Wardens, that can detain and arrest you without search or field testing for being impaired, where the blood tests came back negative to the accusation. y ou tube.com/watch?v=gWyzPpYslYc
Fuck the police and the government
It doesn't matter. They have conclusive medical evidence.
You're not getting this thrown out. At best the cop will get a write-up, or charged with perjury.
A video of you passed out and no fire dept showing up?
True dat, bruh.
>Whooop whoooop that's the sound of tha police.
I was not in custody. I was in a parking lot for 2 hours
Wow congratulations man. Make sure to tell your kids that. I know they'd aspire to be you. Fly your flag man, be proud. What an accomplishment.
FD not showing up
That is ecactly the kind of shitty attitude that will make the judge go for max penalty.
Here's what you do: you tell your lawyer that in those two hours you went to go get something to drink. You did not drink beforehand.
Do not at any point tell him the truth, because if you do he will not be able to legally allow you testify/lie in court.
He may suspect you're lying, but if it's only a suspicion he doesn't KNOW for sure. You get me?
That way he ethically can let you go up there and say whatever you want.
His ass is covered, and so is yours.
There was a case in Canada a few years ago, where an officer (who was involved in another high profile wrongful death case) was in an accident, he struck a pedestrian, and he was suspected of being impaired. He told his police friends that he would be right back because there was an emergency at home. His friends knew what was up but being that they look out for eachother, they let him go. He came back, and they went to administer the breathalyzer, and he told them "Oh, I had a couple shots of vodka at home because I was stressed."
He managed to avoid the DUI charge. Can't remember about the vehicular manslaughter...
Anyways, there's precedent for this kind of stuff is what I'm saying.
If you're going to fight it that's all you've got. Otherwise, just take it on the chin. It'll go smoother.
Pretty much this. There will be a program of bullshit you have to go through like mandatory AA meetings, classes, random drug testing, etc. The exact details vary state by state but I'm guessing California probably makes their shit a real pain in the ass. Just keep your nose clean while you're on that and behave like a respectable citizen when dealing with the state employees involved and it won't be as bad as if you act like a cunt the whole way. It sucks but at the end of the day you chose to drive drunk so you just have to chew all this up and swallow it.
Itt:
> I did something that every person I meet will judge me for for the rest of my life.
> I'm scared so I'm going to go on Sup Forums and try and make my self feel better
> I slowly start to realize that I'm a pathetic human being and society wants me gone
> I start to shake as I realize what will happen when work finds out
Maybe next time don't be a faggot, op.
This.
OP, this isn't an episode of Perry Mason. They want accountability.
People don't usually get off scot free. Court is all about compromise and getting the best outcome for the state and the defendant. In your case they will focus on rehabilitation because you're not a career criminal, and you made a mistake.
You probably have an alcohol problem and they want to see you take responsibility for that.
Thanks user, I will!
If he was found in the vehicle it won't matter, just being in the car with the keys is enough to show intent. Also if 2 hours after his BAC was .24 it won't get thrown out. That's a pretty high alcohol level. DUI around here is serious business, and almost always results in conviction. Law enforcement makes a lot of money, defense attorneys make a lot of money, average citizens are generally fine with drunks being taken off the road.
>#gradeschool
fify
This.
Stop being a little bitch op, realize you are an idiot, and take what comes. You're not the victim.
The fact we need to say this gives me very little hope.
And a tip of the fedora to you, m' lady
Your car was parked on the curb and stuck. Unless you were sitting outside the vehicle and several yards away when they showed up you won't be able to fight it. Were you awake for the whole 2 hours, if the cops were on patrol or if the FD was driving by and reported it during the 2 hours you're screwed. Having a BAC of .24 2 hours later and refusing field tests basically seals it for you. You won't be able you argue against the blood evidence. Three times the legal limit and fighting the charge will only anger the judge.
As someone who was in this exact same situation six years ago I couldn't agree more.
I thought at first "aw, I'll get this thrown out no problem. Fuck tha police!"
And while I still do not like law enforcement, they were right. I drank. I got in a car. I fucked up. I accepted my responsibility in the end, plead guilty, and they went easy on me. I learned my lesson, didn't do it again, and got help for my problems.
The more you act like a whiny entitled little bitch who wants to exploit loopholes and avoid paying the piper, the more you have to pay in the long run.
Your rights may (emphasis on MAY) have been slightly trampled on, OP. But what you did was way more dangerous, and worse. The court will look at that.
Do you even give a shit that you could've killed somebody? This is serious. Wake the fuck up, and stop feeling sorry for yourself. Take responsibility and be a man about it.
ITT:dumbass "legal"advice from the imaginations of idiots
Meh. I'm not a lawyer, just someone who has been through this before.
Like I've said before: OP should talk to a lawyer and find out what kind of case he's got.
However, what I was saying is, if OP is going to lie, he'd better be careful about what he tells his lawyer. Because his lawyer is ethically bound to ensure his client doesn't perjure himself.
And here we have an example of a good person. Thank you. I'm very happy you got help and I wish you lots of success in the future user.
yep, talking out your ass
Much obliged, friendo. I wish you the best of luck in the coming fiscal quarter, and good health.
Sure, if he was passed out in the driver's seat with the keys handy and a BAL of 3x the limit, they could say he was "in control".
I admittedly scanned the OP - thought perhaps he was out of the vehicle for 2 hours before they got the warrant and tested him.
I don't understand for the life of me how people are fucking stupid enough to get popped for DUI. You really have to be a colossal dumbfuck. Uber, free AAA towing if you're drunk, taxi services that offer free rides when you're impaired. Only reason to get a DUI is because you're a fucking moron or you decided to risk it and lost.
>Me: OP shouldn't listen to me, he should ultimately consult an expert
>Me: OP should be careful who he talks to and what he tells
>you: UR FULL OF SHIT UR TALKING OUT OF UR A$$ OMG KEYBOARD ATTORNEY FUCK OFF NORMIE REEEEEE
I think somebody's autism is flaring up a little right now.
it was all the other bullshit you were spewing
>dont listen to me, but blah blah blah blah
YOU'RE a taxi service
I've had DUIs before, OP and it sounds like you're fucked. Unless you can somehow prove that you weren't driving, you're pretty much screwed. I'm actually awaiting a hearing for my latest one, it's an appeal hearing. My public defender was able to get them to suppress all the evidence against me, so if the prosecution isn't able to appeal the decision, I'll beat my case. Don't hire lawyers for DUI cases unless you're CERTAIN you can win, it's fucking dumb and will cost you more than the fines.
I literally just repeated verbatim what any lawyer in the past ever has told me.
"Don't tell me anything I'm not supposed to know. I can't have you up on the stand lying, or giving false statements."
It's common sense, brosef. You have to watch what you fucking say in Criminal cases.
Sounds like you payed out the ass to be put into a treatment program, which they give almost everybody.
Don't worry about jail if you are in a major california city then you will serve maybe a couple days and get let out since prisons are full and niggers and spics are more dangerous than some drunk retard.
Hell, you in LA? Hire me, kid. I'll get you off.
Barry Widmore, Legal eagle at your services.
I specialize in DUI and Assault law.
>be at friends birthday at his house
>get shit faced drunk
>a lot of people already sleeping over so decide to sleep in car
>something tells me to keep keys in pocket while I sleep
>lean seat back and sleep
>wake up to banging on my window
>it's a cop
>asks what I was doing driving
>a little more sober but still drunk
>just sleeping officer, the car was never on
>got a call about a drunk driver in the neighborhood
>tell him I have my car keys in my pocket
>get searched and all that
>keys right were I said they were
>asked to take test
>blew and got a .
>"you have the right to remain..."
>ohshit.png
>spend night in jail, but call lawyer
>tell him exactly everything
>go to see Judge and tell him everything
>no one witnessed me turn on my car
>dashcam shows car was never on and my seat was back
>dashcam shows officer taking keys out of my pocket
>saw I complied with everyone of the officers request
>officer looks sweaty and uneasy
>apparently he's made wrongful arrests before
>judge pauses for 10 min but felt like hours
>off the hook for DWI
>no fees or classes
>restitution for lawyers fees
>won't be on my record
>"mr user, while I appreciate that you did not drive while drunk, next time choose to sleep on your friends floor as to not have this inconvenience again, thank you.
I've never been so happy in my life knowing I didn't have to pay for a DWI
You don't lie to your attorney, fucking retard. Their literal job is to spin the story for you so you don't say the wrong shit. If you lie to them it blurs the details about what actually occurred and can end up hurting your case more than helping it, especially if the other testimonies contradict it.
ummm no. if you are thinking of going to law school, stop. If you are a lawyer, please kill yourself.
Lol dont play with my emotions
It's a municipal money grab, bro. You can't believe the shit they put you through. See if ADA will accept a plea to Blocking a Public Thoroughfare. I ended up in a ditch but they still offered. Btw wasn't drinking. Had box full of booze heading to super bowl party 4 hours away. Tire blew, bottles broke, but head had concussion. They still were going to fuck me. Local cop local judge local defense atty local bail bonds local court fees local end local hospital local fire department . Btw, quit fucking drinking and driving.
Multiple DUIs? So are you an alcoholic or just stupid?
Then you've dealt with shitty lawyers. Lawyers are supposed to help you, not play guessing games and hope it works.
Don't go to AA
Fucking cult
You lie by omission, jackass.
If I killed someone, I'm not going to tell my lawyer I did it. And he shouldn't even ask me. What I will tell him is "that's a question I'd rather not answer at this time."
He'll get what I'm saying, and I didn't even have to say it. It's called Culpable Deniability. If asked, he can say "my client has not admitted any guilt to me."
He's not lying. I know the truth, and he knows the truth, but he isn't lying.
Couldn't agree more, but courts swear by them, regardless of the five percent success rate, and if it looks good, you fucking better do it.
Just stupid. I live in the middle of nowhere and the nearest bars are 10 miles away. There's no public transportation and honestly, the cops in my area have always had it out for me since my first. I get followed home often and should've learned not to drink at all. My first one I was in college and back on break and almost hit a cop when making a turn. Next were just being out and being dumb.
Check this out: duicentral.com
>Here's what you do: you tell your lawyer that in those two hours you went to go get something to drink. You did not drink beforehand.
Oh, yeah, lie by omission... Forgot that included completely fabricated shit.
The only thing I'm playing with are these great Summer deals I have on my retainer currently. I'll tell ya what, pal, if you don't hire me, you'll not only be guilty of the crime for which you're charged, you'll also be guilty of being an idiot for not hiring a seasoned pro like me!
Whaddya say, pal? Put'r there!
I was forced into a rehab by my over bearing parents because Florida is a piece of shit and allows people to sue to be forced into treatment.
I live on my own and pay my own bills but somehow they are able to pressure me into rehab and put my job in jeopardy, fucking horseshit.
Can't wait till people fucking wake up and realize that shit doesn't work.
So you know what OP did in those two hours, then?
I was under the impression there were two hours that are as of yet unaccounted for.
OP, square this up for us, did you drink in those two hours?
