First Florida DUI

[BigMistakeFl]

What is the name of your state? FL
A week ago, I met two friends for early dinner. We had several glasses of wine, ate, talked for awhile and departed. My drive home was long, and I was observed slowing and speeding up. This because I was looking at landscape trying to decide if the coming exit would get me to my very small town far east of the interstate. Cop observed me only perhaps half mile max, followed me through toll booth, where she said I proceeded very slowly. That is because I have prepaid toll device and need not stop. No smell of alcohol reported on affadavit. Asked me to exit, failed roadside about half way through one foot stand. I was freezing, nervous, etc. Second cop asked me to do them again, I refused without lawyer. Went to jail, very lucid, remember minute details. Took breath test, but they wanted a second one because they didn't like the first. I refused without lawyer.

I have never had any tickets, middle aged, rarely drink anything. I have a lawyer, but the tape may look bad, and breath reading may be .18...not sure.

What can I hope for? No, I have never done this before, and will never again.

[rmet4nzkx]

Originally Posted by BigMistakeFl

What is the name of your state? FL
A week ago, I met two friends for early dinner. We had several glasses of wine, ate, talked for awhile and departed. My drive home was long, and I was observed slowing and speeding up. This because I was looking at landscape trying to decide if the coming exit would get me to my very small town far east of the interstate. Cop observed me only perhaps half mile max, followed me through toll booth, where she said I proceeded very slowly. That is because I have prepaid toll device and need not stop. No smell of alcohol reported on affadavit. Asked me to exit, failed roadside about half way through one foot stand. I was freezing, nervous, etc. Second cop asked me to do them again, I refused without lawyer. Went to jail, very lucid, remember minute details. Took breath test, but they wanted a second one because they didn't like the first. I refused without lawyer.

I have never had any tickets, middle aged, rarely drink anything. I have a lawyer, but the tape may look bad, and breath reading may be .18...not sure.

What can I hope for? No, I have never done this before, and will never again.

Your story doesn't add up unless you are very small, had more than 2 glasses of wine or can't metabolise alcohol. What did your attorney say?

[HomeGuru]

Or maybe was on meds.

[rmet4nzkx]

Originally Posted by HomeGuru

Or maybe was on meds.

True or meant .018 and not .18, something is missing and why they were so defensive.

[BigMistakeFl]

Hi, and thank you for your response. By "several", I meant three glasses of red wine. I ordered a 4th, but left most of it behind as I had to leave. This was a new restaurant, those huge Cabernet glasses, though not full. I've no idea how many ounces each contained. I am tall, but thin. Daily workout and bike rider, so I have almost no fat at all. I have been skinny my entire life. No meds, just don't drink very often at all. I never touch liquor, don't like beer..... out of "practice" since college some twenty years ago. The strongest thing we keep in our house is cooking sherry.

[BigMistakeFl]

Is my case hopeless? Is that why no one is answering?

[Alchohol_Free]

The field test is too subjective. It allows for the officer to simply arrest you if he or she wants. They'll find something in the field test to justify it or it willl be real obvious you've had too much to drink.

Anyone can stumble in the 1 foot test. The's a reason God made us with 2 feet, not one. What they're really looking for is whether you used your hands for balance. So, if balance is not your forte, you'll fail the test clean or tanked up.

I suspect what your case boils down to is the BAC. If you're above the legal limit, you in trouble. If not, you'll be fine.

Good luck.

[BigMistakeFl]

Hello again all,
My case has settled today, no contest to DUI with minimum penalties. We were all set to select jury in a few days, but I'm tired of fighting. My BAC was .081, which is over the legal limit by... yeah, that one little fraction, but still over. The arresting cop admitted this was her first DUI arrest, no alcohol smelled on my breath, eyes normal, attitude polite and cooperative. So I was a good arrestee, but still over the limit. She and the two other cops who responded later and assisted have all cooperated with each other, so I decided to drop the battle and settle.

My advice is this: If you're over the limit and the evidence is not in your favor, don't bother hiring a lawyer. It's going to be your word against the cops' in front of a jury. Just plea out and face the music. Also, don't bother in Florida asking for a "Formal Hearing" with the DMV. They absolutely never overturn the cops' decision. You get a bunch of free discovery which helps your lawyer so he doesn't have to work quite so hard to get that stuff. But it doesn't help you any more. It hurts because rather than start your "hard suspension" right away, you get a temporary permit for another month. That means all you are really doing is delaying your hard suspension, which will still have to start when that temp permit expires. Don't throw good money away on a lawyer unless you are TRULY completely innocent of the charge. That's thousands of dollars you will need for better purposes, and court costs and fines.