2nd DWI charge Missouri

[Meg01]

What is the name of your state? Missouri

Ok so four years ago I got a DWI that was reduced to Driving with an elevated BAC in court and I got an SES, my license was revoked for one year because of previous points. My BAC at that time was .13 and I agree with that BAC, I was very drunk, I drank a lot of mixed drinks and shots and the person that was holding onto my keys never should have given them to me when I was demanding them back.

2nd time was back at the end of January in Kansas City. I had not drank and drove since 2004, I was out with some friends that all got completely drunk, one of my friends got into an arguement at the bar and we decided it was time to go, I honestly had 6 beers in three hours and did not feel drunk at all. I have not been much of a drinker since the 2004 incident and I have not drank once since this happened in January and plan on continuing being alcohol free.

The people that were arguing with my friend chased us out of the bar and called the cops, the cops got there within a couple of minutes at the time that I was backing up the car. I was arrested for dwi and my friend was also arrested for interfering and resisting. Of course the field sobriety test is completely messed up on their report and I don't agree with any of it. I remember every single thing that happened that night. I have panic attacks and had one at the police station, while I was in the middle of a panic attack they called an ambulance and the emt drew my blood which I did not consent to because I was having a panic attack, the cop wrote in his report that I did consent. The blood drawing happened an hour and a half after the arrest and the times are documented in the police report.

I very much disagree with my BAC, it came back .15. I want to know how this is possible when in 2004 I had multiple mixed drinks and shots, was to drunk to stand and my BAC came back as .13. How is it that this time, I did not feel drunk at all, I remember drinking 6 beers, yes I made the bad mistake of driving but I felt ok and compared to my friends I just felt buzzed not drunk. I am well aware that I am going to pay the consequences again and I am also well aware that this never going to happen to me again. I didn't eat a whole lot that day would that make it that high? Or could it have been at a peak level when they actually drew it?

I do have a lawyer, he is working on getting me an SIS so that I will only get a 30 day license suspension. I was just wondering what your opinion is on how exactly my BAC got so high, I am a female and weigh 140. When doing those online calculations they say a lot less than .15, so I am just curious.

Thanks for your help

[BigMistakeFl]

I love the BAC calculators.... they're all over the internet, and even I can figure them out!

At 140lbs, six regular or light 12 oz beers consumed in three hours..... The magic BAC number is: 0.08!

So, even if you'd truly had six regular size strength beers in three hours, you would have been over the per se "legal limit". You'd still be in the doo-doo. However, to achieve 0.15 BAC, you would have had to consumed more like 9 standard beers. What some folks (myself at one point) don't think about is the size of the glass and ounces poured, and the strength of the drink. We only try to count the number of times we empty the glass, when that's a small part of the equation.

Your lawyer will / should most likely ask for the machine's calibration history to make sure it was functioning properly. If it was not maintained according to manufacturer specifications, the results could have been "off". But that loophole is pretty closely watched and covered these days.

[paguy88]

I very much disagree with my BAC, it came back .15. I want to know how this is possible when in 2004 I had multiple mixed drinks and shots, was to drunk to stand and my BAC came back as .13. How is it that this time, I did not feel drunk at all, I remember drinking 6 beers,

ok a few questions...

what size beers did your drink? 12.? 24oz? 40ozer?

what it a domestic or a foreign brew? domestics(coors, miller ect) have about a 4.5% of booze on the other hand foreign beers usually have a higher %

how many each hour did you drink? say did you have two hour one? 3 in hour 2.. ?

how much do you weight?

Peronally I have no reason to believe you did not drink what you say.. however on the other hand people do lose judgement when they drink...

lots of factors in getting your BAC that is constanly changing in your body.

I could work up some formulas but it would be pointless.. only you know how much your drank and what size beer it was...

I would say it is very possible you had this BAC at time of testing.

get a good dui lawyer...

this poster is the example of people just don't understand how to drink...

only way to go out and not have to worry about this is dont drink anything and drive..

we need a zero tolerance BAC... too many people just don't understand this. with zero tolerance no one has any excuses.

[Meg01]

5 Budweiser bottles
1 Smirnoff Ice bottle

1 Budweiser the first hour
2 Budweisers the second hour
2 Budweisers and 1 Smirnoff Ice the second hour

I am not arguing about their testing procedure because they drew my blood. I am upset that they drew it without my consent. I am well aware that I am in trouble and that I am going to pay for it! I have a good lawyer that is getting me an SIS, which will very much help me out in terms of my drivers license in Missouri. I am just curious as to how my bac got so high. I am just wondering if it is because I had only eaten one small meal that day, or if my panic attack raised it, or if it was the fact that my blood was not drawn for an hour and a half later and my BAC may have been at a peak level and rising. That is all I am curious about.

I am well aware of all the costs, satop, victim impact panel, probation, I know whats going to happen to me and I am trying to get things like satop done before I actually go to court.

[paguy88]

Originally Posted by Meg01

5 Budweiser bottles
1 Smirnoff Ice bottle

1 Budweiser the first hour
2 Budweisers the second hour
2 Budweisers and 1 Smirnoff Ice the second hour

I am not arguing about their testing procedure because they drew my blood. I am upset that they drew it without my consent. I am well aware that I am in trouble and that I am going to pay for it! I have a good lawyer that is getting me an SIS, which will very much help me out in terms of my drivers license in Missouri. I am just curious as to how my bac got so high. I am just wondering if it is because I had only eaten one small meal that day, or if my panic attack raised it, or if it was the fact that my blood was not drawn for an hour and a half later and my BAC may have been at a peak level and rising. That is all I am curious about.

I am well aware of all the costs, satop, victim impact panel, probation, I know whats going to happen to me and I am trying to get things like satop done before I actually go to court.

since you never said how much you weight.. big factor as well.. a normal 170 lb man. would now if you are a women the stats change.

Ok I am asuming the buds are 12ozer... thats what the whole "theory" is based on... 4.5% booze... I don't know how much achaol is in a smirnoff to be honest. but with the buds you would be at and I tend to believe in using. .025 not .020 just with the buds @ .075 lets say for the sake of argument the smirnoff is the same .025 that would have you at .10 or so.. thatis asuming the liver works very well and burns the .02 off each hour. My guess would be that since you are a drinker and it does not the burn off rate is much slower for your liver than the .02 or .015 everyone says is standard (another trcik they get you on who knows how well there liver burns off booze.. you damage your liver by drinking...

it is very possbile the BAC they gave is correct .. you have to time everything perfect and have a liver that works 100% great or you have a situation that you are in...

good luck

[BigMistakeFl]

PAGuy, let me draw your attention to the OP's last sentence in her first post:

I am a female and weigh 140.

As for the hour and a half wait, it is possible that this indicates your BAC may have been on the decline since your last drink. Food consumed has only a minor effect on the results of the test.

Sort of like, if I took five quick shots of tequilla and was stopped and tested at the end of my driveway, my BAC would be low. A half hour later it would have been high. Wait an hour and a half after that last shot, and it would have dropped again about three quarters or so of a percentage point (estimating here). A lengthy drinking career can slow the body's ability to metabolize out the alcohol.

[paguy88]

Originally Posted by BigMistakeFl

PAGuy, let me draw your attention to the OP's last sentence in her first post:



As for the hour and a half wait, it is possible that this indicates your BAC may have been on the decline since your last drink. Food consumed has only a minor effect on the results of the test.

Sort of like, if I took five quick shots of tequilla and was stopped and tested at the end of my driveway, my BAC would be low. A half hour later it would have been high. Wait an hour and a half after that last shot, and it would have dropped again about three quarters or so of a percentage point (estimating here). A lengthy drinking career can slow the body's ability to metabolize out the alcohol.

I missed the 140lbs... Hey i am working on my bathroom puting a new floor in and check online.. Opps.

[BigMistakeFl]

No worries man. I have a wife, a mother, and a teenage daughter. If you asked one of them more than once how much they weighed, you'd probably get slapped. Just don't want to see Meg throw you a virtual backhand.