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First DUI charge

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lounge

Junior Member
What is the name of your state? California

:(

While my boyfriend is at work, I decided to help him get some help with his first DUI charge. Here goes...

My boyfriend just got his first DUI at approximately 1:16am, July 29, 2007.

He was pulled over at 12:45am because he was speeding. The reason he was speeding: me. I was in a funky mood and just frustrating my boyfriend, his reaction is to step on the gas pedal. Otherwise, he was perfectly fine to drive. He had stopped drinking approximately 2 hours prior to us leaving (we left at 12am). Starting at 7:30pm prior, he had paced himself with only 4 beers and a couple of shots (I literally sat on my ass all night not socializing but watched him drink.. I knew exactly how many he drank). His weight is approximately 200 pounds. He had eaten food that night to absorb at least 2 of those beers. SO technically he has only had 3 drinks (which is what he told the officer) He was drinking responsibly and keeping in mind (as he usually does) about driving me home. He is 25 years old for heaven's sake. He knows what he is doing.

Now I am a good judge (and so is he) of his ability to drive when he has had too much to drink. I will usually rip the keys out of his hands if I feel he is incapable of driving or he will tell me how drunk he is and hand me his keys. If we are both too drunk we don't leave from where ever we are at until we are sober. I am 22 years old and am paranoid about getting hurt and hurting others. I take drinking very seriously. In addition, I had two small margaritas, a very strong mixed drink, and a glass of wine about the same time frame as my boyfriend. I had eaten quite a bit of food myself. I had also stopped drinking about 2 hours prior to leaving.

However, my boyfriend's sweaty pores still lingered with the smell of booze as the officer put it, and asked my boyfriend to step out of the car. At this moment in time I was shocked because I knew my boyfriend was not drunk at all. I wasn't even drunk. I was completely wide eyed and alert of everything around me. After awhile, I started crying because they were taking so long. I had a bad feeling that somehow his BAC reading was high enough (somehow) to arrest him. When they did... I was completely hysterical. There is nothing like seeing the person you love get handcuffed and just give you this look on his face of... "I am confused and I am so sorry" at the same time.

Well luckily, the CHP officers were very kind. They gave me a breath test (which the officer told me read all zeros.. how does that make sense? I practically matched my boyfriend with drinks... if not stronger ones!). This way I could drive my boyfriends car home so they wouldn't have to do any paper work and impound it (that was really nice).

Well off to the county jail goes my boyfriend. The next day I pick him up from the jail. He was there for 13 hours.

I find it very odd though that my boyfriend didn't even know what his BAC level was, although he knew it couldn't be higher than 0.08. I don't think the officers told him, let alone tell me what his level was. All they said was that he was drunk. No exact numbers or nothing.

Yes, this whole story is true. No my boyfriend is not an alcoholic and he does not need to go to AA meetings (as read from a response to another post... how rude)... and yes he is easily effected by alcohol (meaning does not have a high tolerance) and my judgment was not impaired and neither was his.

Any advice as to this situation? His court date is in one month. He also needs to apply for a hearing with the DMV so he can still drive at work and drive to DUI classes (if that is what he gets). I believe my boyfriend has the right to know what his BAC level was and I would like to know how this would have an effect in the court room.

I would also like to understand when he is supposed to request a hearing with the DMV. Does he do it after a conviction or does he do it before he goes to court? The DMV site is not exactly clear on when to request a hearing, just tells you how many days you have to do it.

Anyway, that is the story, to the "T" from my detailed memory. Any advice or help or response to this situation will be greatly appreciated. If you suggest an attorney, please make it so there are payments or cheapness involved because my boyfriend and I barely make income to afford insurance, rent and other important bills and food in the first place.

Thank you.
 


moburkes

Senior Member
What is the name of your state? California

:(

While my boyfriend is at work, I decided to help him get some help with his first DUI charge. Here goes...

My boyfriend just got his first DUI at approximately 1:16am, July 29, 2007. Not good.

He was pulled over at 12:45am because he was speeding. The reason he was speeding: me. I was in a funky mood and just frustrating my boyfriend, his reaction is to step on the gas pedal. Otherwise, he was perfectly fine to drive. He had stopped drinking approximately 2 hours prior to us leaving (we left at 12am). Starting at 7:30pm prior, he had paced himself with only 4 beers and a couple of shots (I literally sat on my ass all night not socializing but watched him drink.. I knew exactly how many he drank). His weight is approximately 200 pounds. He had eaten food that night to absorb at least 2 of those beers. SO technically he has only had 3 drinks (which is what he told the officer) He was drinking responsibly and keeping in mind (as he usually does) about driving me home. He is 25 years old for heaven's sake. He knows what he is doing. Irrelevant. And, obviously, not true, which is why he got stopped for speeding.

Now I am a good judge (and so is he) of his ability to drive when he has had too much to drink. I will usually rip the keys out of his hands if I feel he is incapable of driving or he will tell me how drunk he is and hand me his keys. If we are both too drunk we don't leave from where ever we are at until we are sober. I am 22 years old and am paranoid about getting hurt and hurting others. I take drinking very seriously. In addition, I had two small margaritas, a very strong mixed drink, and a glass of wine about the same time frame as my boyfriend. I had eaten quite a bit of food myself. I had also stopped drinking about 2 hours prior to leaving. Irrelevant, and, again, obviously not true.

However, my boyfriend's sweaty pores still lingered with the smell of booze as the officer put it, and asked my boyfriend to step out of the car. At this moment in time I was shocked because I knew my boyfriend was not drunk at all. I wasn't even drunk. I was completely wide eyed and alert of everything around me. After awhile, I started crying because they were taking so long. I had a bad feeling that somehow his BAC reading was high enough (somehow) to arrest him. When they did... I was completely hysterical. There is nothing like seeing the person you love get handcuffed and just give you this look on his face of... "I am confused and I am so sorry" at the same time. I don't sweat because I'm drinking. Why does he?:confused:

Well luckily, the CHP officers were very kind. They gave me a breath test (which the officer told me read all zeros.. how does that make sense? I practically matched my boyfriend with drinks... if not stronger ones!). This way I could drive my boyfriends car home so they wouldn't have to do any paper work and impound it (that was really nice).

Well off to the county jail goes my boyfriend. The next day I pick him up from the jail. He was there for 13 hours.

I find it very odd though that my boyfriend didn't even know what his BAC level was, although he knew it couldn't be higher than 0.08. I don't think the officers told him, let alone tell me what his level was. All they said was that he was drunk. No exact numbers or nothing.

Yes, this whole story is true. No my boyfriend is not an alcoholic and he does not need to go to AA meetings (as read from a response to another post... how rude)... and yes he is easily effected by alcohol (meaning does not have a high tolerance) and my judgment was not impaired and neither was his.

Any advice as to this situation? His court date is in one month. He also needs to apply for a hearing with the DMV so he can still drive at work and drive to DUI classes (if that is what he gets). I believe my boyfriend has the right to know what his BAC level was and I would like to know how this would have an effect in the court room.

I would also like to understand when he is supposed to request a hearing with the DMV. Does he do it after a conviction or does he do it before he goes to court? The DMV site is not exactly clear on when to request a hearing, just tells you how many days you have to do it.

Anyway, that is the story, to the "T" from my detailed memory. Any advice or help or response to this situation will be greatly appreciated. If you suggest an attorney, please make it so there are payments or cheapness involved because my boyfriend and I barely make income to afford insurance, rent and other important bills and food in the first place.

Thank you.
H needs an attorney. I got bored with the rest of the story.
 

lounge

Junior Member
hmm

may i ask why you put in "obviously not true" next to my statement of how many drinks and when we stopped? The reality here, is that it was the truth. But thanks for your small advice.
 
OK, well there a couple things you should know:

"He had eaten food that night to absorb at least 2 of those beers."

The idea of food "absorbing" alcohol and somehow mitigating its effects is an urban legend. The only thing eating food does is give your digestive system something else to focus on for a while there by slowing down the rate you metabolize the drinks you've had.

Second, I think you should double check your drink count. BY my math, your boyfriend had approximately 9 drinks between 7:30pm and 10:30pm in order to blow a .08 or higher around 12:30am. I guess if by "a couple shots" you meant 5, then this would be accurate. It's also worth noting that it's entirely possible that he blew below a .08 and still got arrested because the cop deemed him as impaired (However, if 13 hours was the minimum he was required to stay in jail, I'm guessing he was over a .08, although I don't really know).

As to the cop not telling him the BAC, I believe that it is his right to know what evidence will be used against him in a trial (the BAC level among other things), but I don't believe it is the responsibility of the cop to present you with that info.
 

BigMistakeFl

Senior Member
BigMistakeFl

Correct, in that the cop does not have to reveal the BAC at the time of the arrest. This, along with all the other evidence which will be used against your BF, can be obtained through an attorney.

Everyone loses count, and while your drink counts may have been completely accurate, it's really about ounces and potency of what is consumed, not how many times the glass was filled.

Your BF got caught driving after drinking. He was likely over the "legal limit", so the best thing you can do now is seek a DUI defense lawyer. We all couldn't afford it when it was our turn, but you need to find a way.
 

CdwJava

Senior Member
lounge said:
Otherwise, he was perfectly fine to drive.
Apparently not. The definition of DUI is not "speeding", it is driving while impaired by drugs or alcohol.

He had stopped drinking approximately 2 hours prior to us leaving (we left at 12am). Starting at 7:30pm prior, he had paced himself with only 4 beers and a couple of shots (I literally sat on my ass all night not socializing but watched him drink.. I knew exactly how many he drank). His weight is approximately 200 pounds.
Then I would estimate, assuming an even pace of consumption and the passage of some 5 hours, a BAC of .04 ... unless those were very large beers, or very heavy shots.

Perhaps he had some medication or other drugs?

He had eaten food that night to absorb at least 2 of those beers.
I must have missed that in my training ... as was already pointed out, the consumption of food (or lack thereof) has en effect on the absorption rate of alcohol into the blood, but it does not negate any of the alcohol.

However, my boyfriend's sweaty pores still lingered with the smell of booze as the officer put it, and asked my boyfriend to step out of the car.
So, we have speed for the lawful reason for the detention, and the odor of alcohol emanating from his person as cause to investigate further for suspicion of DUI.

I had a bad feeling that somehow his BAC reading was high enough (somehow) to arrest him.
His BAC did not have to be .08 or higher, he could have simply been impaired by alcohol or drugs.

Well luckily, the CHP officers were very kind. They gave me a breath test (which the officer told me read all zeros.. how does that make sense? I practically matched my boyfriend with drinks... if not stronger ones!). This way I could drive my boyfriends car home so they wouldn't have to do any paper work and impound it (that was really nice).
Yes, it was VERY nice.

Very odd on the PBT, but many of those handheld devices are not well maintained, hence the reason they are only part of the FSTs and not considered a valid chemical test.

Well off to the county jail goes my boyfriend. The next day I pick him up from the jail. He was there for 13 hours.
Was he released because he made bail? Because they cited him out? or because he finally blew .04 or less on the jail's breath machine?

Most jails won't release you until your sober. If it took him that long to get sober, then your drink count was waaaay off. But, I suspect he may have fallen asleep and they simply got back to test him when he woke or when the afternoon shift started or was about to start.

I find it very odd though that my boyfriend didn't even know what his BAC level was, although he knew it couldn't be higher than 0.08. I don't think the officers told him, let alone tell me what his level was. All they said was that he was drunk. No exact numbers or nothing.
Well, if his citation or booking papers say "CVC 23152(a)" then the arrest was for DUI ... if the added violation of CVC 23152(b) was written, then he was alleged to have blown a .08 or higher, or, submitted a blood or urine test where the officer suspects the result will be .08 or higher.

Yes, this whole story is true. No my boyfriend is not an alcoholic and he does not need to go to AA meetings (as read from a response to another post... how rude)... and yes he is easily effected by alcohol (meaning does not have a high tolerance) and my judgment was not impaired and neither was his.
Judgment and physiological impairment can be observed as low as .02, but typically not until about .04.

Any advice as to this situation?
He needs to consult an attorney. A DUI attorney will run between $2,500 and $5,000 - more if he intends to bring in experts.

He also needs to apply for a hearing with the DMV so he can still drive at work and drive to DUI classes (if that is what he gets).
If he was issued an Admin Per Se document (the DS 367) then his BAC was .08 or better, or the blood or urine is believed to show that after testing.

He has 10 days from the day of arrest to arrange for the appointment, or his license will be suspended after 30 days.

I believe my boyfriend has the right to know what his BAC level was and I would like to know how this would have an effect in the court room.
When he goes to court - and likely the DMV hearing - he will have that information. However, he should know that it is .08 or higher due to the issuance of the temporary license and seizure of his permanent license.


- Carl
 
He needs to consult an attorney. A DUI attorney will run between $2,500 and $5,000 - more if he intends to bring in experts.
Around here, a DUI attorney charges $5,000 to take a standard plea that any attorney could get, and more to go to trial (in that rare event!). You're better off with a public defender, who has a lot more experience with DUI cases than the self-proclaimed "DUI experts."
 

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