Ca Dui :: 22 Years Old :: 0.163 BAC :: Advice?

[Affiliut]

What is the name of your state (only U.S. law)? California

Hi there everybody! I'm afraid I need some advice on a certain predicament I've found my way into. About 2 weeks ago, I was arrested for DUI. I was driving a friends car because he was obviously more drunk than I was... and honestly, I felt fine. Stupid mistake on my part, and I take full responsibility for my actions.

Well, anyways, my friend had expired tags so I was promptly pulled over. The officer smelled alcohol and initiated the field sobriety test. The test lasted about an hour and I passed with flying colors... that is... until it was time for the breathalyzer. When it was time to blow, the officer was giving me a hard time because I wasn't blowing into it right (or something?). When the machine finally took down my reading, I was clocked at 0.163 (I believe).

I have been doing my research and read that anything over a 0.15 is a "enhanced penalty" and that I'm likely to face additional jail time (already served about 12 hours) because of it. Is that accurate information?

I am a 1st time offender. I did drink too much before I drove, but I passed the field sobriety tests pretty easily. The only reason that they got me was because of the breathilyzer. Am I looking at jail time?

Would it be wise to me to plead guilty? I would think so, because I'm sure the court hates people who fight them.

I have a court date in about a week. What can I expect?

Thank you so much for your time.

P.S. Don't drink and drive people. I can't travel the world now because I have to take a ton of DUI classes. Ouch.

[Winraces]

Get some KY jelly.... and open a credit card that has 0% interest for like the first year and pay everything on that... make sure you double and triple check that your couselors are actually doing their jobs by reporting your progress to your probation officer... then quadruple check to make sure your PO is doing his job by notifying the courts of your progress.... These counselors and POs will not do their jobs unless YOU make sure they do it! best of luck and never ever get behind the wheel even if you only smelled alcohol.

Keep all reciepts and all records.. make 2 copies of everything pertaining to your case, I cant stress this enough... you might also want to make up several of your own documents that you make your counselors sign, pertaining to what you need to succesfully complete the program.. you have to take responsibility for your PO and your counselors... they don't care about you at all, all they care about is the money you fork over for their useless classes.

I got a posession odfmarijuana while i was driving, I did not even get a dui charge but they made me take all the same classes and you know what my couselors didnt file the paper work properly and my records werent very good. Guess what happened, They issued a warrent for my arrest because they never got record of my completion of the program even though both my PO and counselors signed the documents that said I was done. This warrent was outstanding for a year and a half unltil i knew about it when I was denied housing because of it... Guess who's fault that was.... Mine... My PO was in his last month before he retired and he blantently lied to me about filing the paperwork... now he doesnt work there anymore, neither does my other couselor that taught (if you can even call it teaching) the classes... I had to track them down using statewide background and informational checks just to get them to appear in court and testify that I had actually completed the requirments. Did they say sorry, nope... they were pissed that they had to come to court.

[Affiliut]

Thanks for the advice... except for the KY Jelly part. That kinda pisses me off dude. Not cool.

[Winraces]

You need to get ready to be pissed off a lot.... Youre going to be paying a ridiculus amount of money for something that is not going to give you anything in return... the classes are terrible bro

But you know what, If you can sucessfully complete all the requirments correctly on the first time, you will find that you are a much better person because of it.... Being able to complete everything correctly and efficiently is as hard as a semester at a university.

Edit: changed my mind, harder than a semester

[CdwJava]

Originally Posted by Affiliut

The test lasted about an hour and I passed with flying colors...

Why does everyone think they "passed" the test only to find they got arrested?

Unless the officer told you and wrote in his report that he saw nothing wrong with your FSTs, you did not "pass". The officer was not just looking to see if you fall down, stumble, or puke - there are other clues he is trained to look for in your performace.

that is... until it was time for the breathalyzer. When it was time to blow, the officer was giving me a hard time because I wasn't blowing into it right (or something?). When the machine finally took down my reading, I was clocked at 0.163 (I believe).

Oops ... that's pretty high.

Was this the breathlyzer in the field (a PBT)? Or, was this the breath machine at the station or the jail? If at the station or jail, that would be clear proof you did not "pass" the FSTs.

I have been doing my research and read that anything over a 0.15 is a "enhanced penalty" and that I'm likely to face additional jail time (already served about 12 hours) because of it. Is that accurate information?

Yes.

Am I looking at jail time?

Yes. 48 hours to 6 months ... usually a minimum of 2 days.

Would it be wise to me to plead guilty? I would think so, because I'm sure the court hates people who fight them.

This is something you need to discuss with your attorney. There may be flaws int he case, and a plea deal to wet reckless (CVC 23103.5) might be able to be worked out.

I have a court date in about a week. What can I expect?

To be asked for a plea and if you have counsel. If you do not have an attorney and cannot afford one, you may be appointed one by the state (provided you have no assets and insufficient income).

- Carl

[Affiliut]

Originally Posted by CdwJava

Why does everyone think they "passed" the test only to find they got arrested?

Well, the breathalyzer test is what got me arrested, not my failure of the sobriety tests. They had "to make sure" I was okay to drive by breathalyzing me.

Was this the breathlyzer in the field (a PBT)? Or, was this the breath machine at the station or the jail? If at the station or jail, that would be clear proof you did not "pass" the FSTs.

It was a breathylyzer he carried in his car. They also gave me a blood test at the jail.

Yes. 48 hours to 6 months ... usually a minimum of 2 days.

Is there any way to plea against jail time, or is it mandatory?

To be asked for a plea and if you have counsel. If you do not have an attorney and cannot afford one, you may be appointed one by the state (provided you have no assets and insufficient income).

Will I serve my time right away... or are the courts going to set up another court date?

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Thanks Carl for taking the time out of your day to answer my questions. I sincerely appreciate it.

[CdwJava]

Originally Posted by Affiliut

Well, the breathalyzer test is what got me arrested, not my failure of the sobriety tests. They had "to make sure" I was okay to drive by breathalyzing me.

No, the PBT is one of the FSTs. He may have told you this, but it was one of the FSTs. I'll guarantee you that in his report he will not indicate that you performed withou error on the FSTs.

It was a breathylyzer he carried in his car. They also gave me a blood test at the jail.

Then the BAC that you will be facing at trial will be the blood test result.

Is there any way to plea against jail time, or is it mandatory?

As I understand, the 2 days is mandatory, but I believe it can be done over a period of weekends and, maybe, via work release on weekends as well.

Will I serve my time right away... or are the courts going to set up another court date?

Your first court appearance is the arraignment. Then the preliminary hearing. Trial and sentencing may not be for many months.


- Carl