SharksHockey
Junior Member
What is the name of your state (only U.S. law)? CA
First DUI, first arrest, first time witnessing a drunk tank, and I don't ever want to smell that place again. Here's what happened...
Had a few drinks at Karaoke bar, and sang my butt off. Drank some water, melted ice, etc. I felt a little buzzed at the joint, but that went away quick. It was hardly drunk, barely buzzed, and felt pretty damn sober. I'm 5'9", 190 LBS, and I play hockey just to give you an idea of my physique.
I drove with my friend to go get tacos, but pulled into the wrong parking lot and was asked by security to find another place to park - ok. I pull out of the parking lot, hang a right towards a street light (red) about 30 yards, come to a complete stop, turn right and the cop (SJSU University Cop) sirens me. He says that my passenger didn't have her seat belt on, which she did. We both explained that we had JUST pulled out of the parking lot, but he said he didn't even realize we did. Asks to see my license (not my registration), then does the pen test on me. Then asks me to step out for the FST.
I perform the tests, and IMO, did them perfectly fine. He asked me a series of Q's about my location, the time, how to get home, etc. I swear, I didn't slur my words once or even hesitate to answer a Q. Then he asks me to wait while his partner comes over with the breathalyzer. I take it twice, within minutes of each other. First time I blew a .09, second time I blew a .082. He arrests me, and takes me to processing. We were only blocks away from the station, and in processing sat me down on another breathalyzer and I took two more blows - .07, TWICE, within minutes of one another. The time that had passed between the field test and this one was about 30 minutes. He looked a bit stunned, as did another office who saw the results. The arresting officer made a phone call and then turned away to consult another office, came back and said everything will still proceed.
So I go to the drunk tank, and I'm sure you all know what happens after all that.
So here's my questions:
Whats the difference between the FIELD test and the STATION test, and which one carries more weight in court? I did receive a receipt from the STATION test which both shows a .07 result. My cousin who has been through this, though in a different county, said that the field test is not admissible in court that only the station test is - is this true? The fact that the field test produced two completely different results (.09 vs .082, within minutes), in my opinion, proves the inaccuracy of the device. Perhaps it wasn't properly collaborated? Are the field test devices as accurate as the stations machine? Whats the point of the station test?
Do I have a case? I wasn't driving reckless - no speeding, swerving, etc. In fact, the office only saw me come to a complete stop, and turn right - THAT'S IT. He said he pulled me for the passenger's seat belt, and that only (there was no seat belt violation issued). I am going to get a copy of the police report, but if the officer is HONEST, I can't see it suggesting that I failed any of them. I even asked him if I did, and said I didn't fail but he did see SIGNS that I was intoxicated.
Also - should I hire an attorney for this? What are the chances that this gets thrown out of court because of the .07 result, or at the very least a reduced sentence?
Any information would be greatly appreciated.
First DUI, first arrest, first time witnessing a drunk tank, and I don't ever want to smell that place again. Here's what happened...
Had a few drinks at Karaoke bar, and sang my butt off. Drank some water, melted ice, etc. I felt a little buzzed at the joint, but that went away quick. It was hardly drunk, barely buzzed, and felt pretty damn sober. I'm 5'9", 190 LBS, and I play hockey just to give you an idea of my physique.
I drove with my friend to go get tacos, but pulled into the wrong parking lot and was asked by security to find another place to park - ok. I pull out of the parking lot, hang a right towards a street light (red) about 30 yards, come to a complete stop, turn right and the cop (SJSU University Cop) sirens me. He says that my passenger didn't have her seat belt on, which she did. We both explained that we had JUST pulled out of the parking lot, but he said he didn't even realize we did. Asks to see my license (not my registration), then does the pen test on me. Then asks me to step out for the FST.
I perform the tests, and IMO, did them perfectly fine. He asked me a series of Q's about my location, the time, how to get home, etc. I swear, I didn't slur my words once or even hesitate to answer a Q. Then he asks me to wait while his partner comes over with the breathalyzer. I take it twice, within minutes of each other. First time I blew a .09, second time I blew a .082. He arrests me, and takes me to processing. We were only blocks away from the station, and in processing sat me down on another breathalyzer and I took two more blows - .07, TWICE, within minutes of one another. The time that had passed between the field test and this one was about 30 minutes. He looked a bit stunned, as did another office who saw the results. The arresting officer made a phone call and then turned away to consult another office, came back and said everything will still proceed.
So I go to the drunk tank, and I'm sure you all know what happens after all that.
So here's my questions:
Whats the difference between the FIELD test and the STATION test, and which one carries more weight in court? I did receive a receipt from the STATION test which both shows a .07 result. My cousin who has been through this, though in a different county, said that the field test is not admissible in court that only the station test is - is this true? The fact that the field test produced two completely different results (.09 vs .082, within minutes), in my opinion, proves the inaccuracy of the device. Perhaps it wasn't properly collaborated? Are the field test devices as accurate as the stations machine? Whats the point of the station test?
Do I have a case? I wasn't driving reckless - no speeding, swerving, etc. In fact, the office only saw me come to a complete stop, and turn right - THAT'S IT. He said he pulled me for the passenger's seat belt, and that only (there was no seat belt violation issued). I am going to get a copy of the police report, but if the officer is HONEST, I can't see it suggesting that I failed any of them. I even asked him if I did, and said I didn't fail but he did see SIGNS that I was intoxicated.
Also - should I hire an attorney for this? What are the chances that this gets thrown out of court because of the .07 result, or at the very least a reduced sentence?
Any information would be greatly appreciated.
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