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Arrested for DUI but was not driving, California

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S

Sanser

Junior Member
About a month ago I was arrested was arrested for Driving Under the Influence and Underage drinking.
Now here's where it gets complicated please bare with me.
I was in a fast food drive-thru and lightly tapped the car in front of me because I was not paying attention. I hit the car in front of me at idle speed. The driver of the other car for the most part was bothered but not angry because there was no damage to his. We preceded to drive back to the parking lot to exchange insurance info. He made a full circle around the lot to park during those few minutes I downed a water bottle filled with vodka. I did not finish it but I drank more than half of it. When the other driver parks, the passenger comes out of the car complaining about back pain and telling me he cant walk, I tell him thats impossible considering the speed of the car( about 3-4 MPH). He continues to argue with me(BTW hes a heavily tattooed gangster) So I decide to call the cops not thinking about how I just consumed a large amount of alcohol in an extremely short period of time.. Once the police officers arrive I tell them what happened and they ask if I've been drinking.When they asked me if I had been drinking I remember I had an open container in the car and tell them I was drinking earlier which makes it sounds like I was drunk when I bumped the other car. They Proceeded to give me a field sobriety test , then a breathalyzer. After all the tests were performed the police officers took me to the hospital for a blood test. I spent the night in jail and was released in the morning. Basically what Im asking is should I even try to fight this charge or should I just stick it through? I also have to add that at the age of 16 I had a DUI but was never criminally charged for it, only through the DMV. And will I ever be able to obtain a CDL or am I out of luck? My career depends on the CDL.
 


FlyingRon

FlyingRon

Senior Member
You need a lawyer, from your explanation here you're guilty as hell. You don't actually have to move the car, just being in control of it is sufficient. Get an attorney.
 
adjusterjack

adjusterjack

Senior Member
Sanser said:
About a month ago I was arrested was arrested for Driving Under the Influence and Underage drinking.
Now here's where it gets complicated please bare with me.
Click to expand...
You want me to get naked?

Sanser said:
I was in a fast food drive-thru and lightly tapped the car in front of me because I was not paying attention. I hit the car in front of me at idle speed. The driver of the other car for the most part was bothered but not angry because there was no damage to his. We preceded to drive back to the parking lot to exchange insurance info. He made a full circle around the lot to park during those few minutes I downed a water bottle filled with vodka. I did not finish it but I drank more than half of it. When the other driver parks, the passenger comes out of the car complaining about back pain and telling me he cant walk, I tell him thats impossible considering the speed of the car( about 3-4 MPH). He continues to argue with me(BTW hes a heavily tattooed gangster) So I decide to call the cops not thinking about how I just consumed a large amount of alcohol in an extremely short period of time..
Click to expand...
You're an idiot.

Sanser said:
Once the police officers arrive I tell them what happened and they ask if I've been drinking.When they asked me if I had been drinking I remember I had an open container in the car and tell them I was drinking earlier which makes it sounds like I was drunk when I bumped the other car. They Proceeded to give me a field sobriety test , then a breathalyzer. After all the tests were performed the police officers took me to the hospital for a blood test. I spent the night in jail and was released in the morning. Basically what Im asking is should I even try to fight this charge or should I just stick it through? I also have to add that at the age of 16 I had a DUI but was never criminally charged for it, only through the DMV. And will I ever be able to obtain a CDL or am I out of luck? My career depends on the CDL.
Click to expand...
I don't know about the CDL but the prosecutor will certainly have access to your previous record and act accordingly. I suggest you hire a lawyer.

And, for Christ sake, quit drinking. It just makes you stupid and you'll be destined for adult DUIs that'll be so much worse by way of consequences.

PS: Whatever you pay for insurance now - triple it once your insurance company cancels you for this DUI.
 
CdwJava

CdwJava

Senior Member
Sanser said:
About a month ago I was arrested was arrested for Driving Under the Influence and Underage drinking.
Now here's where it gets complicated please bare with me.
I was in a fast food drive-thru and lightly tapped the car in front of me because I was not paying attention. I hit the car in front of me at idle speed.
Click to expand...
Okay. So, you were driving the car at least at this moment.

The driver of the other car for the most part was bothered but not angry because there was no damage to his. We preceded to drive back to the parking lot to exchange insurance info. He made a full circle around the lot to park during those few minutes I downed a water bottle filled with vodka.
Click to expand...
Okay, THAT is a line of hooey you have concocted in order to manufacture a defense to the DUI charge. I suspect the police and the prosecutor will see right through that one.

Once the police officers arrive I tell them what happened and they ask if I've been drinking.When they asked me if I had been drinking I remember I had an open container in the car and tell them I was drinking earlier which makes it sounds like I was drunk when I bumped the other car.
Click to expand...
They likely smelled the alcohol on you, you admitted to drinking, and you had been operating a motor vehicle. As such, they had good cause to detain you for further investigation.

They Proceeded to give me a field sobriety test , then a breathalyzer. After all the tests were performed the police officers took me to the hospital for a blood test.
Click to expand...
Since they arrested you, it seems that you did not pass the SFSTs. It's also probable that the field breath test came back higher than one might expect if you had only just drank a measure of vodka.

Did you tell the officers about the vodka consumption and that it happened AFTER the collision? Or, is that a trial balloon you hope to float now - AFTER the fact? If you did not mention it to them at the time, chances are the claim will fall on deaf ears later at trial.

I spent the night in jail and was released in the morning. Basically what Im asking is should I even try to fight this charge or should I just stick it through?
Click to expand...
Consult an attorney. There are potentially serious consequences to a DUI conviction, and if the BAC comes back at .15 or greater, it could be charged as an aggravated DUI thus exposing you to harsher penalties.

I also have to add that at the age of 16 I had a DUI but was never criminally charged for it, only through the DMV.
Click to expand...
Then it was not a DUI. If it was handled by the DMV then you were likely cited for zero tolerance under VC 23136 because you had a BAC of .01 or greater.

And will I ever be able to obtain a CDL or am I out of luck? My career depends on the CDL.
Click to expand...
By a CDL do you mean a CALIFORNIA driver's license? Or, a COMMERCIAL driver's license? With a DUI you can still get either one, it just might take longer. And getting a JOB as a commercial driver might take a few additional years as a result.
 
xylene

xylene

Senior Member
"I just downed some vodka right after a minor car accident."

That's your defense?

And you feel entitled to be a CDL?
 
TigerD

TigerD

Senior Member
But, doesn't everybody just happen to have a water bottle filled with vodka in their car when they go to Micky Ds?

TD
 
FlyingRon

FlyingRon

Senior Member
Doesn't much matter, even if we believe his hooey, he's 100% guilty of the DUI. If he wanted to invent a defense, he'd have needed to do better than that (now if the car had been rendered undrivable by the wreck and then he started downing vodka, we're going from the ABSOLUTELY GUILTY to the "WE'D HAVE TO SUSPEND REALITY TO BELIEVE HE IS NOT GUILTY."

This thing reminds me of an old Quincy episode (although the driver was trying to prove he was drunk when he was not at the time of the accident).
 
not2cleverRed

not2cleverRed

Obvious Observer
Dude, you're actually going with the defense of, "No, I was only violating the Open Container Law"?! Vehicle Code 23222(a) VC at the very least, possibly more.

What are you smoking?

Vodka, stored in a water bottle, *is* considered an "open container" - because there is no seal. Because the container was no longer full when the police arrived, they can assume you imbibed at some point while in the car.

The fact that the vodka was stored in a water bottle makes it look even worse than if it was in its original bottle - because it looks like you make a habit of trying to conceal your drinking, and that you have a habit of drinking at inappropriate times, in inappropriate places, in inappropriate amounts. And by the way, you've admitted to that.
 
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