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Charged with DUI While At Home

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herzmeh

Junior Member
What is the name of your state? Alaska

Last night officers came to my house to talk about an unrelated matter. I've been drinking a few hours prior out in town, then had one at home. Officer asked me how I got home, I told him I drove. He asked me if I had anything to drink since being at home, I told him I had one beer. He then asked if I'd do FST, to which I agreed (didn't know if I could refuse or not). All of this happened in my living room. According to the officer, I failed the FST. He arrested me for DUI, took me to the station where he administered brethalyzer. I blew .135. Never mind the fact that I would be pretty impaired if I had that BAC, I used Listerine right prior to them showing up and I had a drink after driving.

What are my options?
 


Shay-Pari'e

Senior Member
.135? You were pretty messed up. Why were the cops even at your house to begin with?

I await the novella with bated breath.:rolleyes:
 

herzmeh

Junior Member
.135? You were pretty messed up. Why were the cops even at your house to begin with?

I await the novella with bated breath.:rolleyes:
That is the thing, I was not messed up. Trust me, I know what .135 means...
Why? Because I stopped by my buddy's house to play a harmless joke on him and he overreacted and called the cops.
 

BigMistakeFl

Senior Member
BigMistakeFl

Whether you realize it or not, your BAC represents impairment; of that there is no doubt. Still, you have a case and should defend yourself. Get a DUI defense lawyer.
 

Dui-in-TX

Junior Member
Regardless of your BAC or the circumstances, cops should not have been able to arrest your for a DUI while in your own home. I don't know what the full story is, but you should contact a lawyer and discuss your case with them
 

moburkes

Senior Member
Regardless of your BAC or the circumstances, cops should not have been able to arrest your for a DUI while in your own home. I don't know what the full story is, but you should contact a lawyer and discuss your case with them
That is a flat out false statement.
 

paguy88

Member
.135? You were pretty messed up. Why were the cops even at your house to begin with?

I await the novella with bated breath.:rolleyes:
I would tend to agree this guy @ .135 he may not be as mesed up as someone else at .135 everyones has a different tolerance to boze.... he could handel it better...

however even if .135 does not mess you up like others it does not matter because the legal limit is .08...
 

CdwJava

Senior Member
Regardless of what one BELIEVES, the medical evidence IS that a person is too impaired to drive at or above a BAC of .08 or above.

Listerine ain't gonna account for the .135 ... that dog don't hunt (the alcohol content is too low, and the mouth alcohol would have dissipated long before arrival at the station). Besides ... come on ... who REALLY goes home after a few drinks and gargles just before or after they have yet another beer at home?

No, 3 beers over 4 hours is not going to put you at .135 ... so, you were either lying, or those were BIG beers, or their Breathalyzer was WAAAY broken! Unfortunately, unless you requested a blood sample also be taken, you're stuck with the .135 unless your attorney can bring in experts to testify that the machine was somehow inaccurate.

Yes, they can arrest you in your living room for an admission of driving earlier coupled with someone SEEING you driving (which, apparently, the victim of your prank did).

Contact an attorney that specializes in DUI defense. Expect to pay a minimum of about $2,500 if no expert defense is called upon. Expect, also, for a plea to be offered.

Your attorney will be able to evaluate the case on its merits and within the context of AK state law to determine how strong a case the state has.

- Carl
 

CdwJava

Senior Member
I would tend to agree this guy @ .135 he may not be as mesed up as someone else at .135 everyones has a different tolerance to boze.... he could handel it better...

however even if .135 does not mess you up like others it does not matter because the legal limit is .08...
He may not be a falling down, sloppy drunk at .135, but he is certainly too impaired to drive at anywhere near that. "Tolerance" does not have an effect on reaction time (perception and response), judgment, etc. All of these ARE impaired at .08 even if the subject does not perceive it ... of course, the first thing to go when one drinks alcohol is one's ability to adequately gauge their own condition.

- Carl
 

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