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First Offense "Zero Tolerance"

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thegreek

Junior Member
What is the name of your state? Michigan

The other night i had a few glasses of wine for dinner. My friend called me to come pick him up from a party, I did. On the way back i was pulled over and given a breath test. I blew a .07 (which i think the law states anyone under the age of 21 with a BAC above .02 and not exceeding .08 is considered "zero tolerance") Since im not 21, i was handcuffed and taken to jail for the remainder of the night. This is my first ever alcohol related offense, 3 months before my 21st birthday. If i can get any advice or information on what consequences i might face (ie. jail time, probation, license suspension) it would be greatly appreciated. Thanks.
 


FlyingRon

Senior Member
You are lucky, you were flirting with the OWI.

However, not being 21, you shouldn't have been drinking at all, let alone drinking and driving.

First offense is community service and a fine.

It will also come with 1-3 months suspension of your license and 4 points.
 

thegreek

Junior Member
Yes I know, I am lucky. and I know that I shouldn't have been drinking. I came home from work, nobody was home. Made myself dinner and had a few glasses of wine with it. I thought I was doing the right thing by helping out a friend, but in the end it screwed me over. Thanks for the information. I'm relieved to know that I'm not facing any jail time.
 

Ohiogal

Queen Bee
Yes I know, I am lucky. and I know that I shouldn't have been drinking. I came home from work, nobody was home. Made myself dinner and had a few glasses of wine with it. I thought I was doing the right thing by helping out a friend, but in the end it screwed me over. Thanks for the information. I'm relieved to know that I'm not facing any jail time.
The bolded part is wrong -- YOU screwed YOURSELF over.
 

BigMistakeFl

Senior Member
BigMistakeFl

Since I've been speaking now at DUI classes in my community for some time, you would not believe how many times I've heard the story that a person was called by someone more drunk, to drive that person home. I'd say that possibly as much as a third of the offenders in my area were considered the designated driver because he or she was the least drunk in the group.
 

thegreek

Junior Member
I'm sorry, but when did this become the "critisize someone because they messed up" forum. I know what I did was wrong. I don't need you people telling me what is and what is not right. I was just asking for advice on what to expect, that is all. and I never said that it wasn't my fault. I chose to drive, therefore it was MY fault. I never considered myself the designated driver. I didn't think 3 glasses of Lambrusco with my dinner would put me in jail for the night either. Obviously I didn't think it through, but that's part of life. You live and you learn.
 

BigMistakeFl

Senior Member
BigMistakeFl

I don't mean to sit in judgment. Just pointing out how easy it is to be snagged by a DUI arrest in today's world. You may have done what seemed the right thing by driving the guy home who would probably have killed someone had he been behind the wheel. Flying Ron's post above is in line with what you might expect.

Pass the word along to everyone you know. We're permitted to drive after drinking, but we are probably going to eventually be arrested and face the consequences you now face.
 

mike_lee

Member
It's too late now but with such a b/a level you must have tipped the cop off. You could have avoided it all with some knowledge. I'm stopped all the time because I drive a van which is apparently a crime in Texas. In the other 47 states I have been stopped 5 times in 10 years. About a year ago on from Brownsville to Texarkana I was stopped 5 times. But I've never been asked if I was drinking. So what was it you did that tipped him off? Personally I think .07 is absurd and is just about politics. You're like a safety freak compared to someone talking on a cell phone.

You have 2 choices, roll down all the windows as your are being pulled over to freshen the air or roll down your window just enough to talk, and not enough for him to stick his head in and smell, he's unlikely to make you blow in his face if you keep him from ever getting suspicious in the first place. Turn your overhead light on to help your pupils adjust. He has no reason to believe you've been drinking so keep steering him away from that direction, normal people are upset when they are stopped only guilty people act glad to see the police. In your case I suspect you were too cheerful, too talkative or too flirty. In a police encounter you want to say as little as possible and you want to open with "Why did you pull me over?" Which circumvents the cops attempt to trick you into giving up your 5th amendment right by asking "Do you know why I pulled you over?" and "do you know how fast you were going?" If you answer either one of these, or god forbid you say "I' just had one beer" you just admitted to a crime and the cop forks your queen and rook. Remember the trick is deny, deny, deny. The cop is allowed by law to lie but you are not.

When he asks you a question that requires you to lie switch tactics, use the Aristotle formula of answering a question with a question (Aristotle or Socrates)

"How much have you had to drink tonight?"
"What makes you think I have been drinking?" Am I being detained?" If it's apparent he is going to arrest you then stop talking and tell him you want to speak to a lawyer, he'll likely give you some nonsense that you're not under arrest so you're not entitled to a lawyer to which you can retort "So I'm free to go?"

If it comes down to it don't submit to a breathalyzer test, you'll lose your licence for a spell but you'll lose it anyway if you're convicted on a DUI
 
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Zigner

Senior Member, Non-Attorney
Mike's an idiot who speaks like a true crimincal.

When an officer asks if I'VE been drinking. I say "no".
(happens periodically at sobriety check-points.)
 

mike_lee

Member
Yes, well I expected to be misunderstood. I don't drink myself I just think both parties should be on level playing fields. If you're inebriated you won't be able to hide it and you should go to jail. If you had one beer 3 hours ago you may have forgotten it until you see the blue lights.
 
In no way do I think that drinking and driving is right...but I think it's a bit hypocritical for people to come on this site and just yell at those who might have honestly made one mistake for the first time and are trying to learn from it. In fact, DWI ranks third out of all fatality related accidents...speeding is the second factor and the main "killer" in accidents in the failure to maintain a lane or running off the road...not affiliated with drinking. People do this cr** all the time...those people are just as guilty of contributing to the deaths of others as well...and just because they aren't drunk at the time does not give them any excuse or make them less liable for the number of accidents out there.
 

ErinGoBragh

Senior Member
In no way do I think that drinking and driving is right...but I think it's a bit hypocritical for people to come on this site and just yell at those who might have honestly made one mistake for the first time and are trying to learn from it. In fact, DWI ranks third out of all fatality related accidents...speeding is the second factor and the main "killer" in accidents in the failure to maintain a lane or running off the road...not affiliated with drinking. People do this cr** all the time...those people are just as guilty of contributing to the deaths of others as well...and just because they aren't drunk at the time does not give them any excuse or make them less liable for the number of accidents out there.
That may be true but this is not the "I switched lanes early while speeding" forum.

This is the drinking and driving forum. And, as you pointed out, drinking and driving kills as well. So let's stay on topic, shall we?

As for the lectures, well, when you do stupid stuff, you'll get people telling you you did stupid stuff. Frankly with DWI once is all it can take in some instances for lives to be lost and for the OP, take this as a boon and never do anything like this again. It will be a good lesson learned early in life.

As for Mike, I have no words for that post- okay, well I do, but I can't say them here.
 
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