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1st DUI in CA

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InTroubleCA

Junior Member
What is the name of your state? California

Hello and thank you for reading my post. Yesterday morning I received my first DUI. My story goes like this, Friday night I was hanging out with friends at a local pub and had a couple of pints of beer. When the place closed we left and went to one of my friends house. I hung out there for at least an hour, didn't have anything more to drink while I was there mind you, then headed straight home. While I was atleast 5 blocks from my house I had notice a police car in the lane left of mine tailing another vehicle. I looked down at my speedometer to make sure I was not speeding and then continued on home. I then made a turn onto a side street right next to my house, got out of my car and noticed the officer pull up behind my car with his lights off. As I continue to head toward my home he then opened his door and shouted at me to stop. So I did. He asked me where I was coming from, I told him. He asked me if I had anything to drink, I said a couple of beers. He then told me that he was going to take me in and proceed to cuff me.

When we arrived at the station he cuffed me to a bench and began to do some paper work. After he was done he had another officer come in. They gave me a sobriety test, which I know I did all of them fine. They sat me on the bench again. About a 1/2 hr later another officer came in to give a breath test. I had notice that this officer had a patch on his jacket that was a school police officer badge from the local community college. He took the test then left. The arresting officer told me that my breath test was a .12., which I belive had to have been wrong.
It all ended up with me in the "drunk tank" for" nine hours. The arresting officer told me that he was getting me for a dui, 21658(a)vc Lane straddling and 22350 vc unsafe speed. Lane straddling? Unsafe speed? I know I was not speeding. If I was speeding, why didn't he pull me over when he was driving next to me 5 blocks before? I think he just had to add on these things in order for it to seem like he had a probable cause for stopping me.:mad:

My questions are, did he have a right to stop me as I left my vehicle and he just pulled up seconds afterwards? Shouldn't the sobriety test have be taken at the time of arrest and not 1/2hr later. I really believe I was falsly accused, but what can I do when it's the officers word against mine?
 


FlyingRon

Senior Member
How many beers? While .12 probably would need to be 4-5 12oz beers, most of the drafts served are bigger (closer to 20) which only would take two and a half.
Your recollections are a bit suspect given then per se level of intoxication. How do you know you past the sobriety tests? You can't look into your own eyes.

Half an hour isn't going to make a difference, are you thinking you're getting less sober weith the passage of time?

Cops aren't obiged to stop you immediately on a speed check.
 

InTroubleCA

Junior Member
How many beers? While .12 probably would need to be 4-5 12oz beers, most of the drafts served are bigger (closer to 20) which only would take two and a half.
Your recollections are a bit suspect given then per se level of intoxication. How do you know you past the sobriety tests? You can't look into your own eyes.

Half an hour isn't going to make a difference, are you thinking you're getting less sober weith the passage of time?

Cops aren't obiged to stop you immediately on a speed check.
By a couple, I meant 2. They were 2 pints, 16oz. per pint. I know that weight also takes into factor, I weigh 190. It was also longer than a 1/2 hr from when I was arrested to the time the breath test was taken. I just know that when I left my friends house I felt fine, and my friend would not have allowed me to leave if I did not appear to be capable of driving.
But then I guess the police do have a better sense of sight and sound then the average person, and those breathalyzers are never ever wrong. It's kind of funny that today when I checked my wallet and my pants for my receipt from the pub, it wasn't there, *poof* into thin air. I'm just saying.
 
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garrula lingua

Senior Member
They have up to three hours, after stopping you, to give you a test and still have viable results for trial.

At .12, it's going to be hard/unlikely to beat the results at trial (no rising defense).

The stop was OK.

So, there was probable cause for the stop, PC for the arrest, a blood-alcohol test of .12 ...

.... I didn't see a defense in your facts.

The person giving the BAC test only has to be certified as having received training on the machine. Your atty can confirm that the cop giving the test was certified.

You'll probably get 36 months probation (don't have to report to a probation officer, just stay squeaky clean for 36 months, as you will have six months jail time over your head for that period), a fine of approx 1500, a three month alcohol program, and DMV, in a separate administrative hearing, will suspend your driver's license for 4 months. DMV will also require you to carry extra insurance for two years.
 

CdwJava

Senior Member
Please note that the single most common answer provided to law enforcement or EMS when asked the question: 'How much have you had to drink tonight?" is ... TWO!

So, when the cops and the court hears "two" it is automatically suspect.

And even two British pints should not be sufficient to get someone to .12. I'd be very curious about what specific beverage was in these pints.

Oh, and I doubt that the cops snagged the receipt from the wallet ... if you lost the receipt, it was lost.

- Carl
 

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