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DrCook88 · Oct 8, 2009, 07:33 AM

I had gone out drinking with a few of my friends. I stopped drinking around one. I got dropped off at my vehicle which was parked only two miles from where I had to go. I had stopped drinking about two and a half hours before I drove from that point to a parking lot and parked my car to pick up my friend to take home. I honestly wouldn't have been driving if I thought I was over the legal limit. I drank responsibly, ate food before and afterwards, had half a soda, and showed no visible signs of intoxication. I went to get out of my car after parking, when I noticed two cop vehicles behind my car, with an officer coming towards me. He said he clocked me at 41 in a 25, but where he said he was sitting, the speed limit's 35, not 25. I took the field sobriety tests because I knew I'd pass them with flying colors, which I did, except for one. The officer had me put my head back, close my eyes and count to what I believed to be a minute. He says I was at a minute twenty eight seconds. I also willingly took the breathalyzer test and it said I was .1 something. I'm still waiting for the results of my blood test, but what are my odds of winning if I fight this in court ? I honestly wouldn't have been driving if I thought I was over the limit! I was parked at my place of employment which is a hotel! I could've easily stayed there until I sobered up if that was the case. My friend was there in the parking lot as soon as the cop started talking to me and got to watch me take all four tests. Other than the breathalyzer saying so, I'm not even sure yet if the blood test's going to show that I was over the legal limit. What should I do?? =[[

medic-dan · Oct 8, 2009, 07:52 AM

I'm not a lawyer but the same thing happened to a friend of mine just a few months ago. He was found guilty last week of DUI.

He blew a .09. That alone was enough for the jury to convict. If it had been just the field sobriety he might have had a chance. The lawyer tried to show the machine wasn't calibrated or whatever but the county had proof of it and the operators certification.

Result, plead it out. It would have saved my friend a lot of time and money.

Good luck

JudyKayTee · Oct 8, 2009, 08:14 AM

Your intentions and impressions don't matter much to the Police - I've never heard anyone say, "Yes, I knew I was intoxicated but I drove anyway."

I would get a good Attorney and attempt to plead this down (as medic-dan said). You can attempt to argue that it was not a lawful stop, that the field sobriety test result was an error, that the Police are out to get you, whatever argument you can think of, but I don't think you can win and if your blood alcohol is also over the legal limit you are doomed.

DrCook88 · Oct 8, 2009, 08:17 AM

I don't understand how you're supposed to be able to tell if you're "drunk" or not if you feel sober... I just recently turned 21 and I know it sounds dumb but I know my body better than that cop does... I wasn't "drunk"! If your blood alcohol content is enough for a conviction then that's not right... because everybody's different.. and I know if I've had too much to drink or not.. I just can't believe this is even happening to me... this happens to other people.. not me... =[[

JudyKayTee · Oct 8, 2009, 08:24 AM

Unfortunately the law says that if you are over a certain limit or cannot pass certain field sobriety tests, you are intoxicated and driving is against the law. The law doesn't ask how you feel or what you think (again, unfortunately).

If you can prove what you say - you are able to drink X amount and remain sober and in full control - take the results of that research to Court with you.

Do I think you'll win? No. Do I think it's an interesting concept, yes.

So you got clocked driving 41 in a 25? I realize where the Officer pulled you over (or I think that's what you said) the limit was 35 but he clocked you prior to that, in a 25.

That alone will cause the Police to question your sobriety and in your case it gave them a reason to stop you - they didn't simply pick your car because you were driving recklessly and they wondered. It is unfortunate that you gave them grounds to stop you.

In my area the "closed eyes for one minute" involves a person counting the seconds (one thousand and one, one thousand and two) - how did you go 28 seconds over?

DrCook88 · Oct 8, 2009, 08:33 AM

Actually it went from 55 to 35... the 25 wasn't until about a quarter mile up the road... and I technically wasn't ever pulled over.. I parked.. and they came in the parking lot after I did... never even had their lights on as if they were pulling me over... which confused me even more... and as for the one one thousand one thing... I honestly don't think I was over by that much.. I don't see how because I did just that.. and isn't that particular test supposed to be to count for thirty seconds and not a minute? I'm sure if you take a group of random completely sober people who haven't drank anything at all the same test, in the same situation, that a decent number of them would've done the same thing.. I mean a minute's a short amount of time, yes, but when on the spot like that, a minute seems like forever...

DrCook88 · Oct 8, 2009, 08:36 AM

if you give** a group of random completely sober people the same test I mean

excon · Oct 8, 2009, 08:45 AM

Originally Posted by DrCook88

I don't understand how you're supposed to be able to tell if you're "drunk" or not if you feel sober...

Hello Dr.

You're not. That's why you DON'T drive AT ALL when you drink.

excon

DrCook88 · Oct 8, 2009, 09:02 AM

Excon--
I agree.. but I didn't drive when or even right after I drank.. I waited more than what I believed to be an ample amount of time before I drove. In my opinion I did nothing wrong.. I was unaware of my alcohol content, that's all.. I calculated everything and I was "good" to drive by the time I ended up driving.. this is honestly just unbelievable...

JudyKayTee · Oct 8, 2009, 09:07 AM

It isn't about your opinion - it's about what the Police think.

But, again, go to Court, argue what you have posted here, come back and let us know how things work out.

DrCook88 · Oct 8, 2009, 09:09 AM

I know it isn't... but I mean.. according to what someone who's been drinking's supposed to do, I did just that. I don't think I was over the limit... I'll just have to wait &&find out once I get the results back.. and if I am over the limit then it is what it is I guess... but I still don't agree with it because I know when I'm "impaired" and when I'm not.. but thanks for all the comments.. =]

medic-dan · Oct 8, 2009, 09:16 AM

The thing that got my friend, was the .09. It's .08 and your considered DUI in my state. They couldn't get past that, period. You have the same problem. Unless you can show that the machine or the operator was in error then that test will stand. You can argue all you want, it doesn't matter.

My friend was also stopped in the same type manner. It seems they like to get you at those change in speed limit things because your reactions have slowed to the point it makes you an easier target.

You can also argue you know your body all you want. At 21 you are not supposed to have had years of knowing how you handle alcohol. If you try to convince the judge of that, good luck.

A good lawyer can get it down to continued without a finding or something similar, maybe. In a year you'd never even have it on your record -- if it's your first offense. You need a lawyer, a good one.

medic-dan · Oct 8, 2009, 09:18 AM

In response to your question, what are you supposed to do:

1. Call a friend or family member.
2. Call a cab
3. Don't drink

Get a lawyer.

excon · Oct 8, 2009, 09:24 AM

Originally Posted by DrCook88

Excon--
I agree..but I didn't drive when or even right after I drank..I waited more than what I believed to be an ample amount of time before I drove.

Hello again, Dr:

You're splitting hairs... You BELIEVED you waited long enough. You believed WRONG! That's why people who don't want to even take the chance, don't drive when they've been drinking.

Look, I have TWO major problems with your responses: I can see that you're not convinced, so I believe that (1) you'll do it again and (2) I drive on those roads too. I don't want to run into you.

excon

DrCook88 · Oct 8, 2009, 09:26 AM

I understand.. and yes it's my very first anything... I'm literally sick to my stomach over it... I just can't believe this is even happening.. and I agree with what you said.. I'm not saying I have years experience.. but I still know what the law says and I followed the law to the best of my knowledge... it's just so upsetting that if I was just barely over.. if I would have waited an extra twenty minutes to half an hour to be "legally under the limit" I wouldn't even be dealing with this.. I can't wrap my mind around it all.. because I'm most definitely not the type of person who would "drink and drive"... anyways I have to go get some sleep.. I work night shift and I worked last night and work again tonight.. and it's already going on twelve thirty... blah... but thanks for telling me how it is... =[[ I definitely learned my lesson either way... like excon said... if you drink... it's simple... don't drive... =[[ that solves everything... that's why I don't even understand how bar's are allowed to be the way they are.. knowing they're putting drunks out there on the roads.. but once again like I said... I didn't drive from the bar.. I only drove once we got back to town to my vehicle... this is all just so frustrating...

DrCook88 · Oct 8, 2009, 09:34 AM

Originally Posted by excon

Hello again, Dr:

You're splitting hairs... You BELIEVED you waited long enough. You believed WRONG! That's why people who don't want to even take the chance, don't drive when they've been drinking.

Look, I have TWO major problems with your responses: I can see that you're not convinced, so I believe that (1) you'll do it again and (2) I drive on those roads too. I don't wanna run into you.

excon

1) I know I was capable of driving, and there were no signs that I had even been drinking other than the blood test that I have yet to receive... and 2) if I do end up with this DUI, I don't even plan on ever going out to drink again... I swear on my mother's life and my own that I'll NEVER do it again... period.. so don't come down on me like you just did please.. I learned my lesson.. and even if I was over the limit.. it might've just been by .01%... I don't even know yet... so if that's the case.. if all it takes is .01% to make you an "illegal driver"... then OK then... think the way you do... and I'm not going to say "in my opinion" here.. I'm going to say "in the opinion of the law" I did what I was supposed to do... it's not like I slammed drinks down and went cruising... so don't treat me like I'm a textbook drunk please... thanks

excon · Oct 8, 2009, 09:38 AM

Originally Posted by DrCook88

"in the opinion of the law" I did what I was supposed to do...

Hello again, Dr:

No you didn't. You committed a crime.

excon

DrCook88 · Oct 8, 2009, 09:40 AM

Possibly... if the blood results come back as such.. and if so.. thanks for pointing out the obvious here.. you obviously aren't listening to me..

JudyKayTee · Oct 8, 2009, 01:03 PM

Originally Posted by DrCook88

1) I know I was capable of driving, and there were no signs that I had even been drinking other than the blood test that I have yet to receive...and 2) if I do end up with this DUI, I don't even plan on ever going out to drink again....I swear on my mother's life and my own that I'll NEVER do it again...period..so don't come down on me like you just did please..I learned my lesson..and even if I was over the limit..it might've just been by .01%...I don't even know yet...so if that's the case..if all it takes is .01% to make you an "illegal driver"...then ok then...think the way you do...and I'm not going to say "in my opinion" here..I'm going to say "in the opinion of the law" I did what I was supposed to do...it's not like I slammed drinks down and went cruising...so don't treat me like I'm a textbook drunk please....thanks

There were no signs? You FAILED THE FIELD SOBRIETY TEST!

The law doesn't say, well, this is the limit but if you're a point or two over, that's okay. We were just kidding.

I'm sorry but you ARE a textbook drunk driver - you were drinking, you got stopped, you got a ticket, you have every excuse in the book. It doesn't get any more texbook than that.

I would worry less about what happens to all the other drunk drivers and more about what happens to me.

I lost a relative to a drunk driver (and I've posted this before). He had a lengthy explanation and a lot of reasons, too.

DrCook88 · Oct 8, 2009, 07:05 PM

I passed the three they normally give with flying colors... the officer even told me he was surprised at the results of the breathalyzer due to how well I did... if it wasn't for that minute counting in my head I'd probably have driven home right from the parking lot because he wouldn't have even had a reason to give me the breathalyzer... he even told me so I know where I stand in this... I'm not trying to argue your points because you're right.. but I'm definitely not your textbook drunk.. I guarantee you that.. and this is never going to happen again... not by me anyway...