First time DUI

[elam123]

What is the name of your state (only U.S. law)? Augusta, GA

I am 22 years old

First time DUI 2 days ago here is my story:
back story: I did not eat dinner, and went running before drinking.
Started at 9:15PM, Went to a bar arrived at 10:30PM, had a few drinks
Left bar at 12:45AM went to IHOP. Decided to show my friend my rental property instead (did not eat). Pulled over on an exit at 12:58AM.
I slowed down, used my turn signal, and parked safely.
Investigating officer pulled me over asked for license no insurance
Said I was I was failing to maintain lane, Called in another officer…
2nd cop came over told me to step outside to do a field sobriety
Preformed 3 tests: follow light, foot over foot (9 steps), 1 leg in air. Video taped.
Tried to get me to take breathalyzer. I refused. Cuffed me. I was not given my Miranda rights.
Ask friend if he was sober to drive my car home. Friend said no.
Cop pulled my car (more) over to the side of the road and left my car unattended
Cop put me the back, let me give all my personal items to my friend
3rd female officer escorted my friend to his hotel
cop took me to County around 2AM. Tried to give me a breathalyzer from machine. Began asking for an attorney during the field sobriety test, and was not offered one
I failed to blow properly first time. Officer said now I am going to get a DUI & 1 yr license suspended (For refusal). Before the big machine breathalyzer I asked for the hospital blood test and the officers said they would not give it to me until I took their test, and it wouldn’t matter anyways, and it would be higher.
So I asked for another try. Another officer preformed the test. I blew a .1 and .11, they counted the .1
Officer cursed at me several times, and would laugh at my questions.
Asked for a personal test at the hospital. Officers said it would be higher, but allowed me.
Around 3:00AM arrived at hospital, paid for blood test at 3:18AM (have receipt)
Had to wait for my friend to bring me my wallet to pay cash the $250
Continued to ask for an attorney
Asked one doctor medical questions, and asked for a second opinion and was refused one.
Officer said that he did not go to college and he is still smarter than me
There was a medical refusal waiver that I was supposed to sign, and I never did.
The first doctor witnessed Officer admitting to cussing at me, and witnessed him laughing at me
Nurse drew blood. Cop asked for a another sample for himself and billed the sheriff department
Have not gotten results back
Without my permission, and without a warrant
Blood drawn around 3:40AM
Cop talked to my friend about my personal medical questions, and asked me personal medical questions in front of my friend. Officer asked me personal questions about my prescriptions, etc. in front of my friend and others in the hospital and made me answer them.
After tests were completed I was not allowed to go to the restroom and went back to jail.
Officer showed me my temporary license, and said that he wasn’t going to show me this but he would. The Georgia 10 day rule on the back.
I was photographed and put in a holding cell.
I was told the entire process would take 2 hours, and I would be released if I paid bond
Bond was $1540… $140 for failure to maintain lane and $1400 for dui. $206 Bonds fee
Printed at 6:30AM. I met with the bondsman at 7AM. Was not released till 8:30AM.
Friend that was with me the night before picked me up.


Questions:
I am actually undergoing PTI (pre trial intervention) in another state SC for a underage drinking ticket. How will this affect me?
Do I have a case?
If my blood comes back lower (which I doubt)... will this help?
I have a SC license, but this happened in GA... Do I go to a GA dmv or SC dmv to get my temp license?
Any advice?

[lenny71]

This is pretty much a textbook dui. The police officer only has to read you your miranda rights after you are arrested before questioning, otherwise things you say can be thrown out.

They witnessed your driving and will have your blood and breath tests to back them up.

It is unfortunate that the officers acted unprofessionally, but it has no bearing on your dui case. You can always file a complaint, but that and $5 will get you a cup of coffee at Starbucks.

The underage drinking issue will not affect this case until a verdict has been reached (you are innocent untill proven guilty in a court of law ). You should get a lawyer for the DUI but more for hand holding then anything else.

[elam123]

I get my blood tests results back tomorrow... what if I was under the limit?

Can I argue the machine was inaccurate?

Will it make a difference that I was 1 drink over the limit vs. very drunk?

Is there any chance I am going to get out of this without a record? The PTI i am undergo was suppose to make sure I did not have a record, but if I get in trouble during that time I go back to court for my original charge. If I get a dui does that mean my PTI will be null?

The fact that I did not eat dinner.. was on prescription drugs... etc. has no bearing on the situation? Would by best bet to have this thrown out is a connect in my home town or fighting it with the best lawyer possible?

TIA

[Ohiogal]

Originally Posted by elam123

I get my blood tests results back tomorrow... what if I was under the limit?

Can I argue the machine was inaccurate?

Will it make a difference that I was 1 drink over the limit vs. very drunk?

Is there any chance I am going to get out of this without a record? The PTI i am undergo was suppose to make sure I did not have a record, but if I get in trouble during that time I go back to court for my original charge. If I get a dui does that mean my PTI will be null?

The fact that I did not eat dinner.. was on prescription drugs... etc. has no bearing on the situation? Would by best bet to have this thrown out is a connect in my home town or fighting it with the best lawyer possible?

TIA

YOu will not have a license due to your refusal. You will have a record. You will lose the chance at PTi due to that and will go back to court on your original charge. Those facts (did not eat, were on drugs) mean nothing except show your stupidity. You will NOT get it thrown out. And you can end up with two DUIs. Oh and depending on what the prescription is for, that can HURT YOU.

[elam123]

My refusal... where do you see that?

You obviously are not here to help anyone... why did you even respond to my thread?

[ERAUPIKE]

Originally Posted by elam123

My refusal... where do you see that?

You obviously are not here to help anyone... why did you even respond to my thread?

"Tried to get me to take breathalyzer. I refused."

Did you forget about this?

[paguy88]

Originally Posted by ERAUPIKE

"Tried to get me to take breathalyzer. I refused."

Did you forget about this?

you did not READ what exactly what the poster wrote.

She refused the road side breath test.... that is NOT a refusual. That device is only used to gather probable cause, the OP was with in her rights to refuse.

[elam123]

@paguy88 thanks for the clarification

I refused the PBT on the side of the road, but not the bigger machine at the police station.

I have heard how inaccurate the PBTs are and was not willing to risk it.

[Ohiogal]

Originally Posted by elam123

@paguy88 thanks for the clarification

I refused the PBT on the side of the road, but not the bigger machine at the police station.

I have heard how inaccurate the PBTs are and was not willing to risk it.

Actually you did.

Tried to give me a breathalyzer from machine. Began asking for an attorney during the field sobriety test, and was not offered one
I failed to blow properly first time. Officer said now I am going to get a DUI & 1 yr license suspended (For refusal).

Failing to blow is a refusal.

[elam123]

He let me blow a second time, and I blew properly.. What does everyone not understand?

[KevinmH9]

You were given a second chance becuase the officer needed to know your BAC. Whether you were given a second shot, you failed to correctly blow the first time which counts as a refusal.

[IsabellaSoriano]

Originally Posted by KevinmH9

You were given a second chance becuase the officer needed to know your BAC. Whether you were given a second shot, you failed to correctly blow the first time which counts as a refusal.

yep. the harder time you give the police officer, the harder time he will give you.


had you given the first blow properly and THEN asked for the machine at the station, and THEN asked for a blood test, it might have been a different story.


and for the love of everything pink....don't say first time DUI. it implies you are planning on a second one. and a third, maybe a fourth.