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  1. #1
    mamitalokita25 is offline Junior Member
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    Charged With DWI- First Offense, I need Help Plzzzz!!

    What is the name of your state? North Carolina
    Hi. I am new to this forum. I need a little help. This weekend I was charged with a DWI, first offense and I have never been in any trouble before. I took a breathalizer test and blew .09 the first time and .10 the second. Then I took a diagnostic test in which i guess they use for court and did a .08 both times. I want to get a lawyer to ask for a lesser charge, do you think this is possible since it is my first violation, or is the decision based on your alcohol level? Also, why did the officer make me do a breathalizer 2 times? Are the officers suppose to tell you what you blew on the breathalizer? thanks!
    Last edited by mamitalokita25; 03-01-2006 at 07:22 AM.
  2. #2
    ENASNI is offline Senior Member
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    Quote Originally Posted by mamitalokita25
    What is the name of your state? North Carolina
    Hi. I am new to this forum. I need a little help. Here's my story. This weekend I went out with a friend and had a few drinks. I was pulled over by the police because I have the neon green lights on the front of my car. The officer came to the car and told me that I was not suppose to display the lights while driving. I told her that I was unaware of that and then she asked for my license and registration. I gave those to her. Well, I had payed no attention to the fact that my license had expired months ago(stupid me), so that pretty much was strike # 1. She took the information and returned to her car. Then another police officer approached my car and asked me where I was coming from. I was afraid to tell him that I had just left the club, then he would automatically assume that i was drunk.( I was tipsy, not at all drunk as to where I didnt know what was going on) I didnt know what to do or say, I knew I was in the wrong for getting in the car after drinking but I was hoping to not get in trouble. Anyways, he asked had I been drinkin i told him I had a couple beers ( I dont even drink beer). I guess lying to him Strike #2. Anyhow, he said no more about the alcohol and proceeded to tell me that he smelled marijuana in my car. ( I may have an occasional night out with the girls and drinking, but i dont do drugs). I told him I had no drugs. He refused to believe me and asked me if I had been doing cocaine- I said Nope. He then wanted to know that If he went and got his drug dog if the dog would find drugs- I said No. Well, it seems like after he didnt get me for that, he came back with a breathalyzer and told me that he wanted me to blow real hard. Well, I did. I have never done this before so I was real nervous. He said OK, and then told me that he would come back in a couple minutes and we would do it again...i said ok, he came back and i blew for the second time. Shortly after, both officers came to my car and placed me under arrest for DWI. They put me in cuffs and towed my car away--- because my tags expired on the day before this incident(I have bad luck). Well, then the male officer was in my car looking around while the lady was transporting me to the courthouse. At the courthouse, both officers took me into a room where I was told that i would be given another breath test- a diagnostic test or something- he never explained why or what it was for. He then read me my rights and told me that I would recieve a copy of them (I didnt). At this point I was real scared. He told me that if i wanted, i could have a witness watch me do the test but they could not say anything or help me in any way, i said no. I didnt see the sense in that when i was already in trouble, (plus he didnt explain what the test was for or what would happen if i refused it) so, I did the test 2 times, the test was over they took me to the magistrates office and i was released on a written promise to appear in cout in a few weeks. OK, so here are my questions:
    When i was being put into handcuffs, were my rights suppose to be read to me then?
    Should the officer have showed or told me what my alcohol level was? The only way i found out was by calling the police office. I blew .09 the first time, .10 the second..then the diagnost test did .08 both times....To me, this really sucks and I feel like I am going to be in big trouble. Based on these figures, how much trouble am I facing?
    Why did the officer make me do the breathalizer 2 times before I was arrested?
    I want to get a lawyer to try and get a lesser charge hoping to try to not get my license taken for so long, i have a family and a household to take care of. Do you think it is wise to get a lawyer?
    last question-- I dont know if there is any truth to this but i have been told that the officer was suppose to give me the option to wait 2 hrs before doing the diagnostic test to see if I was still intoxicated then- the diagnostic brathalizer is the one that is used against me in court. Is there any truth to this?

    Thanks so much for taking the time to read this... any advise is much appreciated as I am trying to prepare myself for court. Thanks again.
    Mamitalokita, it would be best if you would edit your post, just get down to the brass tacks and ask your questions. Your post would get read and answered much more readily.

    We kinda like paragraphs and conciseness around here, okay?
  3. #3
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    Here is a link to a site with some information on penalties for a first offense DUI in North Carolina:

    [url]http://www.dui.com/states/north_carolina/[/url]

    If you want to fight the charges, I would do so with an attorney. Pretty much you have the breathalyzer that states you were over the limit, and the pair of cops whose testimony will be used against you. They give you two breath tests because the differential can only be so far apart. Your attorney can try to argue that the cops did not have probable cause to arrest you for DUI.
  4. #4
    MoneyShot is offline Member
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    Quote Originally Posted by mamitalokita25
    Well, I had payed no attention to the fact that my license had expired months ago(stupid me),
    Very stupid.

    I was tipsy, not at all drunk
    Is there a difference?

    Anyways, he asked had I been drinkin i told him I had a couple beers (I dont even drink beer). I guess lying to him Strike #2.
    Again, very stupid. Maybe you lied because you were so stinkin' DRUNK and unable to think clearly?


    They put me in cuffs and towed my car away--- because my tags expired on the day before this incident (I have bad luck).
    Not bad luck, you're just really STUPID, remember?

    When i was being put into handcuffs, were my rights suppose to be read to me then?
    Miranda rights come into play when you're being questioned. The results of the breathalyzer test(s) made it clear you were operating a vehicle while stinkin' DRUNK!

    Should the officer have showed or told me what my alcohol level was? The only way i found out was by calling the police office. I blew .09 the first time, .10 the second..then the diagnost test did .08 both times....
    Damn, woman, how much did you drink?

    To me, this really sucks and I feel like I am going to be in big trouble.
    Sucks that you were driving and endangering others or sucks that you got caught doing it?

    Based on these figures, how much trouble am I facing?
    A lot.

    I want to get a lawyer to try and get a lesser charge hoping to try to not get my license taken for so long, i have a family and a household to take care of.
    So you can drink and drive that much sooner again? Verdict: You're too stupid to drive. But, since being stupid isn't a crime, check other posts here for the rules and advice for appearing in court...
  5. #5
    mamitalokita25 is offline Junior Member
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    stupid???

    Excuse me, I came to this forum to find answers to questions..not to hear you tell me how stupid I am. I realize that I have done a very stupid thing, and no I do not drink and drive all the time, this was my first time getting behind the wheel after drinking and I got caught. In this case, its not a matter of being too drunk to think clearly, its a matter of knowing that I had done wrong and I was scared because I have never been in trouble for anything before in my life. So, do me a favor, if you dont have helpful answers dont waste my time by writing stupid comments. thanks.
  6. #6
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    In my case, my DUI arrest was not the first time I drank and drove, it was the first time I got caught drinking and driving. And that made it my last time too.

    I do not think you are stupid. I guess aside from the drinking and driving lesson, another one I wish I could point out to young people is..... don't modify your car in any way that will be like sending up flares to all the cops in the area. Lights, exhaust, etc. That just gives them a reason to pull you over and you can see how that worked out by reading this thread.
  7. #7
    MoneyShot is offline Member
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    Quote Originally Posted by mamitalokita25
    Excuse me,
    Ok, you're excused.

    I came to this forum to find answers to questions..not to hear you tell me how stupid I am. I realize that I have done a very stupid thing,
    Then I see progress already! Consider the entire event a learning experience then.

    ...and no I do not drink and drive all the time,
    Just part time then? Some of the time?

    In this case, its not a matter of being too drunk to think clearly, its a matter of knowing that I had done wrong and I was scared because I have never been in trouble for anything before in my life.
    Yup, you done wrong. But you've learned, right? That's the silver lining here. (Never in trouble for *anything*? C'mon, tell us more.)

    So, do me a favor, if you dont have helpful answers dont waste my time by writing stupid comments. thanks.
    Consider the favor done. (And I'm glad I dont have to waste *my* time writing comments to the stupid.) And you're welcome! Oh, and good job on the edits!

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