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.
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.