2nd DUI-Wisconsin

[blue101]

Situation: I am 22 years old male. A girl friend and I were drinking at my house. A friend comes to pick us up to get more alcohol, in my parents vehicle. I buy the liquor. On the way back the weather was bad and we run into a ditch. The sober driver has someone pick him up so he can get his truck to tow us out. The cops stop and ask who was driving. I tell them my friend who was getting his vehicle. He arrives with a truck sees the cops and says, " sorry man I can't help and leaves immediately. He later admitted to me he was just scared of the cops and did not want to get into trouble. The girl I was with just got her second DUI and was afraid she would go to jail. The police took her asked her to get out. As she was exiting I told her she cannot get into trouble and all she had to do was say Eddie was driving. The arresting officer heard me say that and asked why I told her that. I said because she is scared and that is all she needs to say. The officer asks me to do a field sobriety test and I clearly failed. I continued to insist why I was being tested. I admitted to have been drinking. When the police arrived the vehicle was off and the keys were not in the ignition and there no no open alcohol. The officer told me to tell him the truth or he would get me with everything he could. I did just that, My friend was driving, he was getting his car and I was waiting with the vehicle. I received a DUI, failure to have control, operating with out a license, and obstructing. Maybe I'm just being naive but I don't think I did anything wrong and I am hoping to get out of this. I am schedule to take all of my classes to get my license back from my first DUI in two days.Any advice?

[ERAUPIKE]

Originally Posted by blue101

Situation: I am 22 years old male. A girl friend and I were drinking at my house. A friend comes to pick us up to get more alcohol, in my parents vehicle. I buy the liquor. On the way back the weather was bad and we run into a ditch. The sober driver has someone pick him up so he can get his truck to tow us out. The cops stop and ask who was driving. I tell them my friend who was getting his vehicle. He arrives with a truck sees the cops and says, " sorry man I can't help and leaves immediately. He later admitted to me he was just scared of the cops and did not want to get into trouble. The girl I was with just got her second DUI and was afraid she would go to jail. The police took her asked her to get out. As she was exiting I told her she cannot get into trouble and all she had to do was say Eddie was driving. The arresting officer heard me say that and asked why I told her that. I said because she is scared and that is all she needs to say. The officer asks me to do a field sobriety test and I clearly failed. I continued to insist why I was being tested. I admitted to have been drinking. When the police arrived the vehicle was off and the keys were not in the ignition and there no no open alcohol. The officer told me to tell him the truth or he would get me with everything he could. I did just that, My friend was driving, he was getting his car and I was waiting with the vehicle. I received a DUI, failure to have control, operating with out a license, and obstructing. Maybe I'm just being naive but I don't think I did anything wrong and I am hoping to get out of this. I am schedule to take all of my classes to get my license back from my first DUI in two days.Any advice?

The best advice is stop driving drunk. Your story is undoubtedly not true and when paired with two quarters will get you a Coke. Were the keys in your possession? That would put you in physical control of the vehicle. Why did you stay with the vehicle while intoxicated and not leave with your sober friend? You did do something wrong by lying to the police, driving drunk, and driving while suspended.

[blue101]

Regardless of how it sounds, I did not drive and no I did not have the keys in my possession. I stayed witht the car because it was my vehicle and the girl and I decided to stay in the vehicle for girlfriend/ boyfriend reasons.

[Jim_bo]

Originally Posted by ERAUPIKE

The best advice is stop driving drunk. Your story is undoubtedly not true and when paired with two quarters will get you a Coke. Were the keys in your possession? That would put you in physical control of the vehicle. Why did you stay with the vehicle while intoxicated and not leave with your sober friend? You did do something wrong by lying to the police, driving drunk, and driving while suspended.

Dude.... you are arrogant as hell to make such a statement. You are providing NO benefit to the OP and you do a discredit to this entire site by spewing such BS. Why the moderators of this site let this crap go on is beyond me.

Blue,
Unfortunately, you ran into a cop with an attitude. He must have been related to ERAUPIKE. So, just because this idiot charges you with DUI just because you were standing near a car while drunk (SNACWD??), you now have to get a lawyer. Fortunately, it sounds like the cop has pretty much no evidence of value and won't get very far.... but you probably need the lawyer anyway. Life sucks... then you hire a lawyer. Damn.

[BigMistakeFl]

You're in trouble, even if your story is true. I'm not saying I don't believe or do believe.

You were in the vehicle that is tied to you as it belongs to your family. The vehicle was driven into a ditch, you remained with the vehicle. The only witness you have is a two time DUI offender who was also drunk. You didn't have a license, not uncommon, and your did something to obstruct.

Agree that you need a lawyer, not because your life sucks, but because you permitted yourself to be in that compromising position.

Get a lawyer, and I wish you the best of luck. I'd start working on the minimum penalties now, the sooner you start them the sooner you complete them.

[ERAUPIKE]

Originally Posted by Jim_bo

Dude.... you are arrogant as hell to make such a statement. You are providing NO benefit to the OP and you do a discredit to this entire site by spewing such BS. Why the moderators of this site let this crap go on is beyond me.

Blue,
Unfortunately, you ran into a cop with an attitude. He must have been related to ERAUPIKE. So, just because this idiot charges you with DUI just because you were standing near a car while drunk (SNACWD??), you now have to get a lawyer. Fortunately, it sounds like the cop has pretty much no evidence of value and won't get very far.... but you probably need the lawyer anyway. Life sucks... then you hire a lawyer. Damn.

I like to call it being realistic and I don't think that your inflammatory statements that generally accompany empty promises of a not guilty verdict do much for the site either. I like to keep my comments about you to a minimum as you will only start a flame war that will go nowhere, I don't like to get into a war of wits with an unarmed opponent. I choose to be less naive and look at the bigger picture, the real world view. The OP is using one of the oldest excuses in the book. A mystery driver was driving and left before the officers arrived. This person must be some friend to not want to come forward and make a statement to the same effect or to have just driven off that fateful night. The OP stated there was inclement weather that night and that he was actually inside the car. In Wisconsin it is currently 16 degrees. I imagine it was not much warmer that night. The OP did not state where in the vehicle the keys were located. He did state the car was not turned on at the time and the keys were not in the ignition. If the keys were located anywhere in the car or on his person he had constructive control of the vehicle, making him guilty of DUI. The statutory definition of operation is "the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion." The fact that a vehicle may be immobile due to engine problems or being stuck on a mound of dirt does not preclude an officer from arresting the driver for OWI / DUI.