DUI, DWI, and Illegal Weapons Felony.. hope?

[zoolander]

Hi I'm in California, I'm 19, and a full time college student living in a college town. This last weekend I experienced probably one of the worst nights of my life when I made the mistake of driving my friend and myself to the local taco bell (mile away) while under the influence of alcohol. I still feel as if I was driving fine and I knew my reactions were decent because after we had gotten our food and I was heading home a tow truck (in right hand lane next to me) swerved about a foot into my lane causing me to react by swerving to maintain a safe distance. Well there was a cop behind me and this swerve was what made him turn the lights on and pull me over. After asking me if I had been drinking (which I denied every time for fear of incriminating myself) they pulled me out of the car and performed a field sobriety test which I obviously must have failed because the next thing I knew was that I was taking breathalyser tests on the hood of the CHP car. I noticed one officer searching my truck while the other gave me tests and then all of a sudden he found a brass knuckle belt buckle under my seat. I denied that it was mine. Then after they messed up on police codes and cuffed me I was sent to jail for the night and my friend (definitely more drunk then I was) was told to walk home with no charges against him.
The things that I think I have going for me are plenty. First off I was exhausted at the time of my arrest. It occurred at around 3 a.m. and I had been up since 7 a.m. for class that morning. Also, that same afternoon I was out mountain biking with the same friend who was in my car and had fallen pretty hard during that ride. My left knee was pretty sore and I had trouble putting weight on it, which made walking difficult, which would made the field sobriety test impossible under any circumstances. Next, the knuckles were bought legally in LA a few years ago as a belt buckle (used to think I was alot cooler and tougher than I was in my upper middle class town high school lol). I never used them and honestly had forgotten they were in my car but I would never use them as a weapon in a million years for the fear of the felony charges.
I am wondering if I am wrong in thinking these things will help me and If anyone has any suggestions that will help me in fighting this case.

 

[FlyingRon]

Your estimation of your sobriety is highly suspect and will not weigh in court. While fatigue and injury may have made false indications on the FST's, what did the PBT say? Were there followup tests?

The swerving (even if you claim you were forced) is probably enough probable cause for the stop. Failing the FST's (and especially the PBT) is enough to arrest you. Since your friend couldn't remove your car (the officer is commended for not allowing him to try), the inventory of it was also legitimate.

If the things could be used as metal knuckles, whether they were once intended to be a belt buckle doesn't provide a defense.

Felonies aren't anything to screw around wkth. Get a lawyer even if you have to borrow the money for it.

 

[seniorjudge]

...I am wondering if ... anyone has any suggestions that will help me in fighting this case.

Lawyer.

Yesterday.

 

[zoolander]

I have a lawyer (recommended by a DA who's a friend in town) and he thinks that he can get the felony charged to be filed as a misdemeanor instead. I think my blood alcohol level was registered as .13 (but I recall it was different every time they administered the test) but I didn't take a blood test and there were no follow up tests at police station. Also, I didn't expect my friend to move the car but I asked the officer if I could call a roommate to come pick up my car to avoid the towing costs and he said that wasn't allowed. I have heard otherwise from a sheriff at the police station. Is this the case?

 

[seniorjudge]

...Is this the case?....

I wouldn't have the slightest idea.

Ask your lawyer.

The .13 does not look good; the prosecutor may not want to bargain.

Listen to your lawyer.

And for cryin' out loud...stay out from behind the wheel after you have been boozing.

You have a significant problem.

If you go to court with your AA sponsor, the judge may look more favorably on you.

 

[zoolander]

Thanks for the advice. Yea I know I messed up pretty big time here. I highly doubt I'm an alcoholic though but do u recommend attending AA meetings to look good in court?

 

[seniorjudge]

Thanks for the advice. Yea I know I messed up pretty big time here. I highly doubt I'm an alcoholic though but do u recommend attending AA meetings to look good in court?

You have a significant problem.

If you go to court with your AA sponsor, the judge may look more favorably on you.

 

[paguy88]

how do you know he has a drinking problem?

based on what...

so what he blew a .13.... whats that mean could have been the only time he EVER consumed that much booze... you dont know... and can not prove other wise...

this is the thing with DUI's automatic oh he/she has a problem....

see there is a difference between being drunk and legally drunk.. most people would be surprised to know how easy it is to get to .08...

amazes me 2 million people arrested for dui every year... normal other wise law respecting people who suddenly become accused of a criminal act...

again its not just the guy who drank a case of beer then want to go on a joy ride...

its the husband and wife out for dinner grabbing a few drinks or a businessman out with a client..

real people with bills kids.. not hard crimals looking to kill/hurt someone

 

[fairisfair]

how do you know he has a drinking problem?

based on what...

so what he blew a .13.... whats that mean could have been the only time he EVER consumed that much booze... you dont know... and can not prove other wise...

this is the thing with DUI's automatic oh he/she has a problem....

see there is a difference between being drunk and legally drunk.. most people would be surprised to know how easy it is to get to .08...

amazes me 2 million people arrested for dui every year... normal other wise law respecting people who suddenly become accused of a criminal act...

again its not just the guy who drank a case of beer then want to go on a joy ride...

its the husband and wife out for dinner grabbing a few drinks or a businessman out with a client..

real people with bills kids.. not hard crimals looking to kill/hurt someone

you mean between being legally drunk and slobbering drunk? so what?

you can be either kind of drunk, so long as you stay out from behind the wheel of your car.
Oh, AND are of legal age to drink. Which this poster IS NOT.

Most people are not criminals until they commit a crime.

Wonder how those wonderful real people would feel if it was THEIR kid killed by a drunk driver?? bet they would think he was a criminal then huh? and so would you.

 

[CdwJava]

I still feel as if I was driving fine and I knew my reactions were decent

You THOUGHT your reactions were fine. Unfortunately, the first thing to go with alcohol is your ability to adequately judge your impairment.

Not to mention the fact that you were underage and thus ANY amount of alcohol in your system above .01 is unlawful.

Well there was a cop behind me and this swerve was what made him turn the lights on and pull me over.

That's called reasonable suspicion to detain.

After asking me if I had been drinking (which I denied every time for fear of incriminating myself)

Which is what started digging your hole because I am sure the officer could tell you had been drinking ... he likely smelled it even if he did not observe symptoms right away.

I noticed one officer searching my truck while the other gave me tests and then all of a sudden he found a brass knuckle belt buckle under my seat. I denied that it was mine.

PC 12020 ... and under the driver's seat in a car you own and had been driving ... the presumption is that it is yours.

Then after they messed up on police codes and cuffed me I was sent to jail for the night and my friend (definitely more drunk then I was) was told to walk home with no charges against him.

What does it mean to have "messed up on police codes"? If it was the code section for the knuckles, that is because the CHP doesn't generally use the Penal Code, and those are covered under the PC.

And yuor friend may have been too impaired to drive, but that does NOT mean he was too intoxicated to care for his own safety or that of others (which is required before an arrest for public intoxication).

The things that I think I have going for me are plenty. First off I was exhausted at the time of my arrest. It occurred at around 3 a.m. and I had been up since 7 a.m. for class that morning.

All the more reason you should no have been driving. This plays against you, not for you.

What was the BAC? THAT is what will tell the tale ... in addition to your FST performance.

Next, the knuckles were bought legally in LA a few years ago as a belt buckle

I'm not picturing how a belt buckle can be converted to brass knuckles, but it could be that the "buckle" was unlawful in the first place. There are many shops that sell stuff that you cannot legally carry ... most do so illegally, but don't stop until they are caught.

Why would you have a buckle under your seat?

Your attorney might be able to cut a deal to drop the felony in lieu of a plea to the DUI, or underage alcohol consumption with a BAC of over .05 (CVC 23140). It might be better than jail.

- Carl

 

[CdwJava]

I have a lawyer (recommended by a DA who's a friend in town) and he thinks that he can get the felony charged to be filed as a misdemeanor instead.

Probably. Better if requested as part of a plea deal.

I think my blood alcohol level was registered as .13 (but I recall it was different every time they administered the test) but I didn't take a blood test and there were no follow up tests at police station.

At the jail or the station they would have administered it twice. The two blows had to be within .02 BAC of each other or the machine would have rejected the test.

You had the option of asking that blood be taken for your private testing later, I imagine the report will document that you denied this.

Besides, as a person under 21 you broke the law when you reached .01!

Also, I didn't expect my friend to move the car but I asked the officer if I could call a roommate to come pick up my car to avoid the towing costs and he said that wasn't allowed. I have heard otherwise from a sheriff at the police station. Is this the case?

The law permits a tow when the driver is arrested (CVC 22651(h)). The agency may permit someone to come pick it up at your request, but there is no law requiring them to do so, and most agencies do not permit this for a number of reasons.

- Carl

 

[zoolander]

Well I certainly don't feel any better.. in fact I feel much worst. I am already being forced to move back home in order to keep receiving any money for college, being forced into a major my dad is choosing for me, and am having to sell my beloved truck. I don't associate with criminals and I never thought I would have found myself in this position, if anything I'm a computer geek college kid who is far too obsessed with his girlfriend (for right reason though because of how much she has helped me through this, soo in love with her!) but yea a DUI and illegal weapons charge? This has completely ruined the life I was living and I regret the night so much. I know it seems unfair but just knowing how much worst so many other kids are in my same town, how the lifestyle of college kids almost demands "drunk driving" (in its legal definition for our age). The only advise I can give to anyone is not even to not drive drunk, but to do so safely (drinking to the point where you kill someone because u are too impaired is a horrible crime), and know the risks involved if you get caught because I sure didn't. O and never carry anything that could be seen as illegal, even if that isn't its purpose cops need to make money too and they obviously won't know u personally and they won't understand. Well anyways I'm probably just bitter but I guess the law worked because I sure as sh!t learned my lesson and maybe someone reading this who hasn't yet might consider twice before getting behind the wheel, even if u KNOW you are safe to drive.

 

[CdwJava]

how the lifestyle of college kids almost demands "drunk driving" (in its legal definition for our age).

The lifestyle does not "demand" it - they CHOOSE to do so.

The only advise I can give to anyone is not even to not drive drunk, but to do so safely (drinking to the point where you kill someone because u are too impaired is a horrible crime)

BAD advice! Since the first thing to go is judgment, how is someone supposed to know if they are too impaired to drive? I have seen people three sheets to the wind insist they are fine to drive even as they are falling down with every step.

A person can be too impaired to drive with as little as one drink. The better advice would be NOT to drink alcohol and drive at all.

know the risks involved if you get caught because I sure didn't.

Then you have not been paying attention. DUI is not a secret, and the consequences are right in front of all of us on the nightly news, on television PSAs, on the internet, etc. Heck, even my kids (all too young to drive) know that DUI can cost you a license, money, and jail time.

cops need to make money too and they obviously won't know u personally and they won't understand.

Explain it to the state legislature - THEY made brass knuckles a crime, not the cops.

And what do you mean by the "cops need to make money"? We get paid by the hour. We get paid whether we make an arrest or are sitting at Starbucks. An arrest takes a lot of paperwork and time ... we'd prefer NOT to do that if we didn't have to. We do not get paid by the arrest, and the money you pay in fines and fees does not come back to the city or the agency.

I sure as sh!t learned my lesson and maybe someone reading this who hasn't yet might consider twice before getting behind the wheel, even if u KNOW you are safe to drive.

I am glad you learned your lesson, and I hope that others heed this advice.

A first DUI offense can often be plead down to a wet reckless (CVC 23103.5) and less severe than a full DUI (CVC 23152(a) and/or (b)). The weapon charge can probably be plead away. An attorney might also be able to negotiate for a restricted license that will allow you to drive to and from school and work, so it may be an expensive lesson, but you may come out of this just fine ... you just have to learn from it and move on.

- Carl

 

[paguy88]

you mean between being legally drunk and slobbering drunk? so what?

you can be either kind of drunk, so long as you stay out from behind the wheel of your car.
Oh, AND are of legal age to drink. Which this poster IS NOT.

Most people are not criminals until they commit a crime.

Wonder how those wonderful real people would feel if it was THEIR kid killed by a drunk driver?? bet they would think he was a criminal then huh? and so would you.

.13 my point is the driver tolance could be higher than others the state adopts the .08 now expalin why it use to be .1??? did people suddenly have the bodies change over the past 10 years and the state decided .08 is the limit? nope its all polictial.. and wrapped around liability... thats it...

ahhhh most people are not criminals until they commit a crime right? well why do most state take your licenese on the spot if arrested for dui? they are convicting you before you have haad a trail... next I wonder who many people are out there that really had some drinks at dinner w a friend then drive ended up @ .081 and got a dui? They could have thought I drink say a drink an hour say 3 and ended up over the legal limit... not knowing.. it's a crime you can commett but not know you are doing it... state say it is legal to drink and drive just dont hit the magic .08.. but YOU have no way of knowing... when you are at .08

the point on if someone is killed by a drunk driver is taken.. I had a cousin killed by one in the mid 90's however that's the liability part... no one wants to see that happen to anyone... and is the crutch statement used.... I do see your point... my point in looking at this is if you try to drink respoiably you still could be over the limit..

I would prefer a .03 limit in the usa... cover things like mouth wash food cooked in wine etc..

 

[CdwJava]

I would prefer a .03 limit in the usa... cover things like mouth wash food cooked in wine etc..

That would take a LOT (a whole heap, in fact) of mouthwash ... and the cooking sherry or wine would have to have been added after heat was removed for that alcohol to still be present in sufficient concentration to register much at all after consumption.

- Carl