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1st DUI, need advice

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NeedhelpFL

Junior Member
What is the name of your state (only U.S. law) Florida

Had a motorcycle wreck (no one else involved) in September of last year. No arrest was made but police was on scene and at hospital. EMT smelled alcohol on breath and informed officer. Officer's kit was not working so he didn't obtain, collect any evidence, but had informed that he would be pursuing this further.

No charges were brought till six months later where state attorney obtained bac level from that night from ER, approved by judge. Document states that it is not "intended" for legal purposes but legal counsel says that's BS... Warrant issued and I spent a night in jail.

I had three beers that evening and have the receipt... Which means nothing but the BAC came back as .31!! That cannot be possible but I don't have means to prove otherwise. The police report has no mention of being incoherent. I remember speaking with him and complying, answering all questions. He asked about my evening, where I was, where I was going and then to complete, asked me to breathe out to smell my breath. That was it, he left...

Now, I've lost my license, court coming up and I'm dumbfounded. Any advice would be greatly appreciated. Thank you in advance.

Assisted DA bargain is everything allowed in the state of Florida except more jail time.

Legal counsel suggest taking it being the county judges are non tolerant and the margin of error would not help. Also, said I have a case if the Judge would deny the ER BAC reading and the police report mentions nothing of behavior disorder, misconduct or anything to imply impairment... only EMT smelled alcohol on my breath.

It's fifty/ fifty... no priors, no prior tickets for 10 years... clean record.
 
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lenny71

Member
What is your proof otherwise? The receipt only proves you were drinking. I think your lawyer is correct except .31 is very serious and probably judge will accept.
 
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NeedhelpFL

Junior Member
I have none... I know a .31 is not possible with 3 beers but without proof, means nothing. I looked into it and that would mean that I would have to drink 15 beers in one hour. No other stops, I cruised all day and against my better judgement, thought a couple of beers to call it a night wouldn't hurt!! WRONG! I refuse to even have a beer after this...
 

BigMistakeFl

Senior Member
The 0.31 BAC sounds fishy, maybe 0.13? At any rate, the evidence is not likely to be thrown out, but you must choose whether to risk the fight in court. The EMT will testify, as will the cop, and possibly others who were there that night. You are most likely going to end up with the original offer by the prosecution for minimal first offense DUI penalties. You aren't likely to get more jail time aside from that first 8 hours you spent following your arrest. You'll get probation, DUI classes, MADD panel, community service, and some fines.
 
Listen to your lawyer.
If you didn't drink enough to have a .31 BAC or close then the lawyer should be able to get that thrown out. Your council will also probably need to depose the EMT and the officer prior to what will probably be a jury trial.
6 months is a long time to wait on a .31 w/ accident.
 

NeedhelpFL

Junior Member
100 hrs community service, 10 day car impoundment, breath starter on car, fines, court cost, legal fees, aa meetings, madd council... everything but more jail.

I feel defeated and I cannot prove the medical records wrong. It did read .31 where during arraignment the judge even commented with, "wooo, that's high!" I can't fathom how three beers caused this... My career is now at risk... I've been lying, saying my car is not working and have avoided use of the company vehicle. Oddly enough, this includes meetings with department of transportation, county and state road projects. Once found out, I'll lose my job, not being able to start a new career job. It might as well be illegal to even serve alcohol with the extent of consequences... never have done anything wrong, no more community charity participation... I've already said no to two volunteer programs... I can't get to them, I can't drive... this is pointless, thank you for your time.
 
It might as well be illegal to even serve alcohol
I'll bet the families of people who have gotten killed by a drunk driver agree. The problem is, the general assumption is that people will use their better judgement - that thing you specifically said you went against.
 

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