Charged for DUI, Officer Didn't Witness, Arrested in my home.

[Devante]

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

Hey guys, thanks for reading this.
I'm sure lots of people come here showing themselves in a finer light than what happened, but I need true advice so I'll try to give the facts as best and true as I know.

So basically I am being charged with DUI.

Here are the circumstances:
I was at a restaurant with a friend for about 4 hours, we just drank. I spent about $40 on alcohol, half on my friend.
My intention was to drink some, then use the rest of the time to sober up, then get a ride home.

I know what buzzed feels like, I know what drunk feels like, and I did not feel either whatsoever when the following happened.

My friend and I left, called his father to pick us up, while waiting I decided to move my car from a timed parking space to another parking space in the same mall parking lot.
I looked to make sure no one was behind me, saw someone and kind of argued with him to move, and put the car in drive instead of reverse and bumped the parking sign in front of me. I didn't see any damage to pole, though it did knock out my headlight (which just cliped back in).

The manager of the restaurant comes out rather quickly and begins yelling at me, of course saying I'm too drunk to drive, don't drive, etc.
I argue back saying that I'm not drunk, and even so I'm not driving home, I'm just moving parking spaces.

So I move the car, our ride comes, drops me off, I chug I believe a pint of vodka, and lie down to sleep.
The reason I drink all the vodka, by the way, is because I was in an argument with my wife and don't feel like dealing with her and just wanted to sleep.
I never let her see me drink it. This is important.

About 20 to 30 minutes later, an officer comes to my door and tells me that the manager called, said I was drunk driving, and gave my plate.
I invite him in, but by then the vodka had already got to me, I'm sure enhanced by no eating all day and that I drank earlier.
Anyway I tell him I wasn't driving, I got a ride home, let him verify it with my friend.
By the time he started asking me questions and really getting into it, I was gone. I barely even remember him being there. (there were 2 other officers back and forth throughout his visit).

My wife was there so a lot of this comes from her but I was super confused, kept saying I can't believe someone could just call and say someone was drunk driving, etc.
He asked me if I drank since I got home and I said no and my wife said no (she wouldn't have seen me anyway). The only reason I can think that I said no was that I didn't want to get her mad, and also she is recovering alcoholic going to AA meetings, etc. Which is probably the main reason I don't want her to know about me drinking, especially at home.
By the way, her problem isn't related to this. I've only had drinks maybe 3 times just this year alone. And none since this DUI charge. Between this and her problem, I am disgusted with alcohol. I digress.

So about an hour and a half later, the officers do FST's (which I told them I couldn't do), also a breathalyzer. They then arrested me, took me to jail, and while there did a blood draw (which was 2 hours after the call came in).

Breathalyzer was I believe .16 and blood was .21 if I'm not mistaken.

Well at first while talking to lawyers, people, a couple of pretrials, I was thinking how could I get a charge when I was alone for that amount of time?
Anything could have happened, I could have chugged a gallon of vodka for all they know. But the more I see of this part of the system, the more I realize it's all about money.

The lawyer told me he'd try to get me reckless driving, which I couldn't believe with my circumstances I'd get ANYTHING.
The DA offered only a DUI with no community service and no enhancement for the elevated blood alcohol level.

Am I crazy in thinking this seems a little absurd?

I mean if I were some idiot that got wasted, didn't give a damn, and drove home and was pulled over, I would just be happy to get any kind of lesser deal.
I am the type of person that believes if you take a risk, you should handle the consequences gracefully.

But it seems crazy to give a DUI to someone who got a ride home AND had so much time to himself that he could have done anything that would affect his levels.
I know that drinking and driving can be had even in parking lots, but how on earth can they prove anything?
I'm about to get a DUI for projected and estimated values that were modified by drinking at home.

I know that I've read something somewhere when looking up vehicle codes that a DUI has to be witnessed by an officer.
Or a citizen's arrest. Well there's no citizen's arrest for, no damage report for a hit and run (the pole), not even a charge for it.

Of course I spoke to my lawyer about all this, but in all honesty he seems like any other lawyer.
Doesn't care, just happy to have his money and deal with me as little as possible.
And believe me, I searched a lot before I settled on what is probably one of the best around here.
Just to illustrate that point, he called me (returning my call, he has never called me on his own initiative) to let me know he talked one on one with the DA to ask for leniency, basically saying that yeah I was wasted when I left the restaurant but I lost my job and can't I get a break?
I never told him that I was drunk when I left and what kind of lawyer goes on his own and tells the other side "yeah my client is guilty but cut him a deal"???

Anyway, I was thinking of telling them (tomorrow, ha) that I don't want their deal, I will represent myself and retain the public defender as my assistant.

What do you guys think, honestly?
I've lost my job, denied unemployment, a few other things that just went completely against me.
Do I really need more punishment for something that they can't even be completely sure that I've done?

A side note: it really irks me about the deal they offered. I have a friend and former co-worker officer that spoke to me very candidly after this happened.
His underage (i.e. no tolerance) daughter was arrested less than a year ago for DUI. She was pulled over, very drunk, and underage. He told me they offered her a reckless driving.
Now let's say I was just utterly wasted when this happened. I moved parking spots and got a ride home. Yet I'm about to get far worse than someone who did far more than me? Anyway, just wanted to rant about that.

By the way, I know this is just a forum, I'm just looking for advice from people who have been around a while and maybe enlighten me to something I haven't thought of.

 

[OHRoadwarrior]

Your restaurant tab can be used against you. You told the officer you had nothing else to drink after getting home. You helped convict yourself. You sound like you were drunk. Sorry bout yer luck.

 

[Devante]

Thanks for the reply.

How so can my tab be used against me?
There is no possible way to tell how much I had to drink and how much my friend had.

I was thinking of having my friend testify on about how much he drank, but not sure if he'll do it.
He's rather weird, and I use the term 'friend' loosely.

As for me being drunk, even if I were utterly wasted, doesn't the fact that I had so much time alone throw uncertainty into the mix?
And isn't all you need is reasonable doubt to throw whatever is being charge out of the door?

 

[Antigone*]

You can't have it both ways. You told the officer you didn't have anything else to drink, which means the state you were in when the officer found you is the state (or worse) you were in at the restaurant.

 

[Ozark_Sophist]

You could still be charged with leaving the scene of an accident. The bar tab and manager could both be used against you as witness/evidence. You drove under the influence-it does not matter how far you drove. You have left your car in the same spot after you hit the sign and been charged. Then you denied drinking more after you got home. You should take the plea and/or forget about representing yourself.

 

[CdwJava]

I know what buzzed feels like, I know what drunk feels like, and I did not feel either whatsoever when the following happened.

Problem is, one of the first things to go when one is even moderately impaired is judgement.

I looked to make sure no one was behind me, saw someone and kind of argued with him to move, and put the car in drive instead of reverse and bumped the parking sign in front of me. I didn't see any damage to pole, though it did knock out my headlight (which just cliped back in).

Oops!

This may be important later on as this is an exception to the rule that the driving must be committed in the officer's presence.

So I move the car, our ride comes, drops me off, I chug I believe a pint of vodka, and lie down to sleep.

Of COURSE you did. You went open, powered down some booze, and went to sleep ... and the cops and the court haven't heard THAT one before.

The reason I drink all the vodka, by the way, is because I was in an argument with my wife and don't feel like dealing with her and just wanted to sleep.
I never let her see me drink it. This is important.

Yes, it is, because it kinda puts your claim into question.

He asked me if I drank since I got home and I said no and my wife said no (she wouldn't have seen me anyway). The only reason I can think that I said no was that I didn't want to get her mad, and also she is recovering alcoholic going to AA meetings, etc. Which is probably the main reason I don't want her to know about me drinking, especially at home.

Well, that sort of did you in. In court you will be painted as lying ... either lying on the stand when you claim you drank at home (and cannot prove it) or lying when you spoke to the officers. A jury will see that you have a motive to lie, you were moving your car in a parking lot after leaving a bar, and you got into a crash. Furthermore, you were waiting for a ride home presumably because you were aware of your impairment. This looks bad for you.

Breathalyzer was I believe .16 and blood was .21 if I'm not mistaken.

How long ago did this occur? Blood results wouldn't be back for at least a month ... if using the DOJ labs, possibly longer.

Either way, this can be an aggravated DUI so no real likelihood of a plea deal to wet reckless (per VC 23103.5).

Well at first while talking to lawyers, people, a couple of pretrials,

What pretrials? An arraignment and ... what? A pretrial conference? A motion hearing?

I was thinking how could I get a charge when I was alone for that amount of time?

Easy, you were involved in a collision and a witness places you there at the time of the crash after having left a bar ... and, I imagine, will testify that you appeared tipsy or impaired.

The DA offered only a DUI with no community service and no enhancement for the elevated blood alcohol level.

VERY lucky for you!

Am I crazy in thinking this seems a little absurd?

Only if you think it absurd that you not get the enhancement.

You are certainly free to reject the offer and go to trial ... maybe a jury will not snicker at the chugging a half a bottle of vodka claim.

I know that I've read something somewhere when looking up vehicle codes that a DUI has to be witnessed by an officer.
Or a citizen's arrest. Well there's no citizen's arrest for, no damage report for a hit and run (the pole), not even a charge for it.

You're wrong.

VC 40300.5 allows an officer to arrest for DUI (23152(a)) when there is probable cause to believe that the person has been driving while under the influence and the person:

- was involved in a "traffic accident"; or
- is in or about a vehicle that is obstructing a roadway; or
- will not be apprehended unless immediately arrested; or
- may cause injury to himself or herself or damage property unless immediately arrested; or
- may destroy or conceal evidence of the crime unless immediately arrested.

From CPOLS:
VC 40300.6 provides that section 40300.5 must be "liberally interpreted" so as "to permit arrests to be made pursuant to that section within a reasonable time and distance away from the scene of a traffic accident." (See Corrigan (1996) 47 Cal.App.4th 230, 235, which upheld an arrest made 2 hours and 15 minutes after the defendant had walked home (six houses away) from the scene of the accident (hitting a fire hydrant).)

Of course I spoke to my lawyer about all this, but in all honesty he seems like any other lawyer.
Doesn't care, just happy to have his money and deal with me as little as possible.

Your defense is not a strong one. The state seems to have a pretty good case against you.

You are certainly free to make a battle of it, but be prepared to pay $10,000 or more for a roll of the dice through trial.

Even a GREAT attorney cannot make a bad case a winner.

Anyway, I was thinking of telling them (tomorrow, ha) that I don't want their deal, I will represent myself and retain the public defender as my assistant.

What do you guys think, honestly?

I think that a man who has himself as an attorney has a fool for a client.

You also understand that the enhancements will be off the table if you go to trial and you face up to 6 months of jail time including enhanced penalties if convicted, right?

Of course, the choice is yours. But, from what you have written, your defense relies SOLELY on your claim that you consumed a bottle of vodka before the officers arrived, and you apparently denied this and your wife also denied that you did this. Ouch! Plus, the state has a crash, a witness to your possible inebriation at the time of the accident, and your apparent consciousness of impairment as you accepted a ride home rather than drive. This does not look good for you.

 

[HighwayMan]

I argue back saying that I'm not drunk, and even so I'm not driving home, I'm just moving parking spaces.

You were driving. Period. Doesn't matter that you were not driving home.

So if you felt that you were unimpaired then why would you call someone else to come pick you up?

 

[Devante]

I do appreciate the replies.

As for me drinking when I got home, I have no reason to lie here, on the internet.
It's not as if I know any of you or something.

As I've said, I've come for true advice based on what actually happened.
How can I take any advice into consideration knowing it was based on different circumstances. That doesn't help me.

Anyway, back to the subject.

So you guys are saying that, because I told them I hadn't drank when I got home, I basically did myself in?
Well that sucks. All because I just said something? How can they take an impaired person's statement all that seriously?

And regarding the statement about me being crazy to think I shouldn't get an enhancement:
Even if I were completely drunk, isn't the point of an enhancement to punish you extra for being dangerously intoxicated at the time of the crime?
Not 2 hours AFTER the crime? How on earth is it right that they even think about enhancing it based on something 2 hours AFTER the fact?

Sorry, I'm not trying to be antagonistic. I really do appreciate the replies so far.
I just get so angry at the state of the system these days.

Oh and another question. You mentioned it would cost $10,000+ to fight it.
Wouldn't it be cost free if I did it myself and used a public defender as an assist?

 

[Devante]

You were driving. Period. Doesn't matter that you were not driving home.

So if you felt that you were unimpaired then why would you call someone else to come pick you up?

Good quest. My friend's dad was already coming to pick him up, so I didn't see the harm in getting a ride from them.

But really I came to ask advice on the validity of their case, not if I was drunk or not.
Since there was a period of time unaccounted for, I was wondering if that gave it enough uncertainty to be worth fighting it.

 

[Silverplum]

IOh and another question. You mentioned it would cost $10,000+ to fight it.
Wouldn't it be cost free if I did it myself and used a public defender as an assist?

That's not how it works. Only a complete moron of a PD would agree to such an insane arrangement, and I don't even know if they can agree to such an arrangement.

Are you even eligible for a public defender?

 

[Zigner]

Oh and another question. You mentioned it would cost $10,000+ to fight it.
Wouldn't it be cost free if I did it myself and used a public defender as an assist?

It doesn't work that way.

 

[Silverplum]

I just get so angry at the state of the system these days.

Do you?

You would be nowhere near "the system" if you hadn't chosen to break the law.

 

[Zigner]

Good quest. My friend's dad was already coming to pick him up, so I didn't see the harm in getting a ride from them.

Right, because you obviously KNEW you were too drunk to safely drive...

But really I came to ask advice on the validity of their case, not if I was drunk or not.

Ahh, so you just want to see if we'll buy it before seeing if the court will buy it. Gotcha.

Since there was a period of time unaccounted for, I was wondering if that gave it enough uncertainty to be worth fighting it.

You already accounted for it. Were you lying then, or now?

 

[Banned_Princess]

I do appreciate the replies.

As for me drinking when I got home, I have no reason to lie here, on the internet.
It's not as if I know any of you or something.

As I've said, I've come for true advice based on what actually happened.
How can I take any advice into consideration knowing it was based on different circumstances. That doesn't help me.

Anyway, back to the subject.

So you guys are saying that, because I told them I hadn't drank when I got home, I basically did myself in?
Well that sucks. All because I just said something? How can they take an impaired person's statement all that seriously?

And regarding the statement about me being crazy to think I shouldn't get an enhancement:
Even if I were completely drunk, isn't the point of an enhancement to punish you extra for being dangerously intoxicated at the time of the crime?
Not 2 hours AFTER the crime? How on earth is it right that they even think about enhancing it based on something 2 hours AFTER the fact?

Sorry, I'm not trying to be antagonistic. I really do appreciate the replies so far.
I just get so angry at the state of the system these days.

Oh and another question. You mentioned it would cost $10,000+ to fight it.
Wouldn't it be cost free if I did it myself and used a public defender as an assist?

oh that would be a super bad Idea, you trying to go to jail? will you not rest until you are sentenced to hard time?

 

[Just Blue]

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

Hey guys, thanks for reading this.
I'm sure lots of people come here showing themselves in a finer light than what happened, but I need true advice so I'll try to give the facts as best and true as I know.

So basically I am being charged with DUI.

Here are the circumstances:
I was at a restaurant with a friend for about 4 hours, we just drank. I spent about $40 on alcohol, half on my friend.
My intention was to drink some, then use the rest of the time to sober up, then get a ride home.

I know what buzzed feels like, I know what drunk feels like, and I did not feel either whatsoever when the following happened.

My friend and I left, called his father to pick us up, while waiting I decided to move my car from a timed parking space to another parking space in the same mall parking lot.
I looked to make sure no one was behind me, saw someone and kind of argued with him to move, and put the car in drive instead of reverse and bumped the parking sign in front of me. I didn't see any damage to pole, though it did knock out my headlight (which just cliped back in).

The manager of the restaurant comes out rather quickly and begins yelling at me, of course saying I'm too drunk to drive, don't drive, etc.
I argue back saying that I'm not drunk, and even so I'm not driving home, I'm just moving parking spaces.

So I move the car, our ride comes, drops me off, I chug I believe a pint of vodka, and lie down to sleep.
The reason I drink all the vodka, by the way, is because I was in an argument with my wife and don't feel like dealing with her and just wanted to sleep.
I never let her see me drink it. This is important.

About 20 to 30 minutes later, an officer comes to my door and tells me that the manager called, said I was drunk driving, and gave my plate.
I invite him in, but by then the vodka had already got to me, I'm sure enhanced by no eating all day and that I drank earlier.
Anyway I tell him I wasn't driving, I got a ride home, let him verify it with my friend.
By the time he started asking me questions and really getting into it, I was gone. I barely even remember him being there. (there were 2 other officers back and forth throughout his visit).

My wife was there so a lot of this comes from her but I was super confused, kept saying I can't believe someone could just call and say someone was drunk driving, etc.
He asked me if I drank since I got home and I said no and my wife said no (she wouldn't have seen me anyway). The only reason I can think that I said no was that I didn't want to get her mad, and also she is recovering alcoholic going to AA meetings, etc. Which is probably the main reason I don't want her to know about me drinking, especially at home.
By the way, her problem isn't related to this. I've only had drinks maybe 3 times just this year alone. And none since this DUI charge. Between this and her problem, I am disgusted with alcohol. I digress.

So about an hour and a half later, the officers do FST's (which I told them I couldn't do), also a breathalyzer. They then arrested me, took me to jail, and while there did a blood draw (which was 2 hours after the call came in).

Breathalyzer was I believe .16 and blood was .21 if I'm not mistaken.

Well at first while talking to lawyers, people, a couple of pretrials, I was thinking how could I get a charge when I was alone for that amount of time?
Anything could have happened, I could have chugged a gallon of vodka for all they know. But the more I see of this part of the system, the more I realize it's all about money.

The lawyer told me he'd try to get me reckless driving, which I couldn't believe with my circumstances I'd get ANYTHING.
The DA offered only a DUI with no community service and no enhancement for the elevated blood alcohol level.

Am I crazy in thinking this seems a little absurd?

I mean if I were some idiot that got wasted, didn't give a damn, and drove home and was pulled over, I would just be happy to get any kind of lesser deal.
I am the type of person that believes if you take a risk, you should handle the consequences gracefully.

But it seems crazy to give a DUI to someone who got a ride home AND had so much time to himself that he could have done anything that would affect his levels.
I know that drinking and driving can be had even in parking lots, but how on earth can they prove anything?
I'm about to get a DUI for projected and estimated values that were modified by drinking at home.

I know that I've read something somewhere when looking up vehicle codes that a DUI has to be witnessed by an officer.
Or a citizen's arrest. Well there's no citizen's arrest for, no damage report for a hit and run (the pole), not even a charge for it.

Of course I spoke to my lawyer about all this, but in all honesty he seems like any other lawyer.
Doesn't care, just happy to have his money and deal with me as little as possible.
And believe me, I searched a lot before I settled on what is probably one of the best around here.
Just to illustrate that point, he called me (returning my call, he has never called me on his own initiative) to let me know he talked one on one with the DA to ask for leniency, basically saying that yeah I was wasted when I left the restaurant but I lost my job and can't I get a break?
I never told him that I was drunk when I left and what kind of lawyer goes on his own and tells the other side "yeah my client is guilty but cut him a deal"???

Anyway, I was thinking of telling them (tomorrow, ha) that I don't want their deal, I will represent myself and retain the public defender as my assistant.

What do you guys think, honestly?
I've lost my job, denied unemployment, a few other things that just went completely against me.
Do I really need more punishment for something that they can't even be completely sure that I've done?

A side note: it really irks me about the deal they offered. I have a friend and former co-worker officer that spoke to me very candidly after this happened.
His underage (i.e. no tolerance) daughter was arrested less than a year ago for DUI. She was pulled over, very drunk, and underage. He told me they offered her a reckless driving.
Now let's say I was just utterly wasted when this happened. I moved parking spots and got a ride home. Yet I'm about to get far worse than someone who did far more than me? Anyway, just wanted to rant about that.

By the way, I know this is just a forum, I'm just looking for advice from people who have been around a while and maybe enlighten me to something I haven't thought of.

Please take an aspirin and then call an attorney. Find out how harsh your VERY LIKELY conviction will be. Based on the...P) ..story you posted here.