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  #1  
Old 10-08-2008, 03:53 AM
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Join Date: Oct 2008
Posts: 1

1st DUI, Im a civilian charged on naval base??


I was driving from a country concert with friends, had 4-5 glasses of wine over a 2-2.5 period, practically no food in my system (Hadn't eaten anything since about lunchtime, which was a small snack) Anyway I had a couple friends with me and actually called a cab to come pick us up at the end. But we waited and after 30min I stupidly assumed I could drive, and did.
I ended up getting lost and accidently turned onto a naval base gate. (There's a bunch here), Once you start driving toward the gate there's no way to turn around, stop, or avoid rolling down the window/speaking to a guard. Well the guard had asked me to do a breathalyzer, I refused the initial breathalyzer. The navy guard had me exit my car to do field sobriety but I'm sure I didn't pass. I was handcuffed by the navy officer/guard from what i understood was because I refused the initial breathalyzer/not sure I passed the field test so I was taken to somewhere on base. My friends at the gate who were highly intoxicated-were able to leave from the gate after a mom agreed to come get them, and drive my car off the base.
After getting to this navy place and waiting over 2 hours in this location, (very unprofessional experience-numerous reasons the officer/guard appeared inexperienced or new possibly in what he was doing and it being a small office I overheard on the radio the navy guard/officer having to ask multple questions about what to do since I was a civilian, at least 10 different navy guys kept popping there head in to check out the "dui girl") I took a breathalyzer after the officer/guard told me I could be charged with refusing a breathalyzer....anyway i was already upset and having waited in that office there for 2hours i took it and i do not feel confident that the officer/guard was competent at using the device. The first time i used it he told me to blow. it didnt read and he was saying "this thing should read" and was calling people to come in to make sure he was doing it right. Anyway after a couple min of fiddling, he told me now you have to blow as hard as you can if u dont u will get a refusal to take a breathalyzer so continue to blow,blow,blow so i did and it registered .17.
Ok so long story short, Im a stupid civilian- I drove under the influence onto a naval base gate. I just graduated nursing school a year ago and am a nurse at a local hospital (if that helps my case any bit). I have a perfectly CLEAN record prior, no speeding tickets, nothing. This was a very bad judgement call on my part.
Im from virginia the law pretty much guarantees 5day minimum jail if convicted of dui, and because i blew over over a .15. And mandatory 1 year license suspension. I cannot afford to have ANY thing of this nature on my record being a nurse.
I do Have appts with reputable attorneys in the area but just wanted to get any kind of feedback/advice on this and if there's anything i should look into or do before court in 5 days. My license was not immediately suspended, because it wasnt a regular dui..this occurred on base with a officer/navy guard. I'm wondering the chances of this getting reduced or possibly dropped??
  #2  
Old 10-09-2008, 02:48 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,823
Slim to none. You are going to have problems getting it dropped most likely.
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  #3  
Old 10-11-2008, 02:24 PM
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Join Date: Aug 2008
Posts: 87
Get a lawyer. You can get that dropped my friend!

1st
They waited 2 hours to take your DUI test. I know in most states they have to give you The blow test within 2 hour time limit..

Also they waited so long to give you test, you can had NOT been over the limit when you were driving...

Yea I am confident you can beat this
  #4  
Old 10-11-2008, 02:27 PM
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Join Date: Sep 2008
Posts: 3,782
Are you saying that the blood alcohol level RISES over time or are you saying that the navy gave the "dui girl" drinks?
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Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #5  
Old 10-11-2008, 02:56 PM
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Join Date: Jan 2005
Location: North Florida
Posts: 1,625

Alc level


Alcohol level can rise over time. If I slam down shots and drive to the end of my block and am tested, my BAC would be low. Give it an hour then test me and my BAC would be considerably higher. However, I'm not sure DUI girl was denied the test for two hours, I know she refused the first test. The story lost me in the elapsed time part.

(Normally, I don't slam shots and drive around the block, even when the Gators lose!)
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  #6  
Old 10-11-2008, 04:54 PM
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Posts: 87
Quote:
Originally Posted by cyjeff View Post
Are you saying that the blood alcohol level RISES over time or are you saying that the navy gave the "dui girl" drinks?
of course. it rises over time.
  #7  
Old 10-13-2008, 11:19 AM
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Join Date: Jun 2008
Location: Richmond, Va
Posts: 383
I am well aware of waxing/waning phases, but to say that her BAC could rise to a 0.17 from a "legal" limit over a period of 2 hours is absurd. In Virginia, the minimum for an aggravated DUI (over 0.15) is 10 days in jail (I would know... that's what I received). They allowed me serve it on weekends though so that I could keep my job. I can see that being more difficult for you though, since your nursing license could be affected.

On a side note, I have been to every naval base in Virginia multiple times and it is very difficult to "accidentally" end up on a road heading into one (and there are several places to turn around at almost every entrance). You're lucky you didn't kill somebody, you were obviously very out of it.
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