Grad Student with DUI

[WarrantSeeker]

What is the name of your state (only U.S. law)? Mississipp

Hi, I'm a grad student in Alabama that received in DUI early Saturday morning in Mississippi. I was coming back from a concert at a bar, leading my friend back to her house while she took or drunk friend home. It was in the "backwoods." I noticed a group of police officers blocking the road with their lights off. I pulled over to the side of the road. They said "Well well look a here. License and proof of insurance. How much have you had to drink?" I said a beer 2 hours a go (I lied.). They told me to blow into a breathalyzer. I complied. They said "a beer huh tell the truth." I said "Maybe more but it has at least been an hour (which I believed it had.). They waved my friend behind me through (who was sober) and asked why I didn't ride with her. I said she asked me to lead her home as she was lost (which she did). They asked me to step out of the car. They gave me a field test. It was pretty intense. I don't think I did that bad, but apparently I failed. I was placed in the back of the cop car and taken to the station. I was never read any Miranda rights, but was told I was being detained on suspicion of DUI. I blew into the breath machine at the station twice. I blew a .084 and .083. The officer said the lowest reading would be read in court. The officer said he would help me in court since I was about to graduate grad school. I graduated with his brother and he was "Facebook friends" with the girl (a mini-celebrity here) in the car behind me. He said he could get me out of a conviction and seemed genuine. The booking officer (female) was nice and reiterated this to me. I was in a holding cell for 16 hours (because I couldn't adequately communicate with the outside). I finally bonded out. I am mandated to communicate this incident with my school, and the licensing authority in my field. This is pretty terrible for me. I know MS has a non-adjudication procedure that can be used once. I already used some form of this. I got a ticket for rolling through a stop sign before and took defensive driving. I paid the ticket, but it was not put on my record. .08 is the triggering level for a DUI. I have a "clean" record (outside of traffic tickets). I was arrested for trespassing 9 years ago in Indiana, but I accepted a pre-trial deferral. I abided by the terms and the charge was dismissed. It was not alcohol/drug related. What are my chances for getting out of this? What should I do?

 

[OHRoadwarrior]

Hire a lawyer fast and hope he can get the charge reduced.

 

[TigerD]

What are my chances for getting out of this?

I don't know who has the crystal ball. Check the magic 8-ball.

What should I do?

1. Hire an attorney. Immediately.
2. Quit drinking and driving.
3. Handle your school issues.

DC

 

[betachains]

What is the name of your state (only U.S. law)? Mississipp

Hi, I'm a grad student in Alabama that received in DUI early Saturday morning in Mississippi. I was coming back from a concert at a bar, leading my friend back to her house while she took or drunk friend home. It was in the "backwoods." I noticed a group of police officers blocking the road with their lights off. I pulled over to the side of the road. They said "Well well look a here. License and proof of insurance. How much have you had to drink?" I said a beer 2 hours a go (I lied.). They told me to blow into a breathalyzer. I complied. They said "a beer huh tell the truth." I said "Maybe more but it has at least been an hour (which I believed it had.). They waved my friend behind me through (who was sober) and asked why I didn't ride with her. I said she asked me to lead her home as she was lost (which she did). They asked me to step out of the car. They gave me a field test. It was pretty intense. I don't think I did that bad, but apparently I failed. I was placed in the back of the cop car and taken to the station. I was never read any Miranda rights, but was told I was being detained on suspicion of DUI. I blew into the breath machine at the station twice. I blew a .084 and .083. The officer said the lowest reading would be read in court. The officer said he would help me in court since I was about to graduate grad school. I graduated with his brother and he was "Facebook friends" with the girl (a mini-celebrity here) in the car behind me. He said he could get me out of a conviction and seemed genuine. The booking officer (female) was nice and reiterated this to me. I was in a holding cell for 16 hours (because I couldn't adequately communicate with the outside). I finally bonded out. I am mandated to communicate this incident with my school, and the licensing authority in my field. This is pretty terrible for me. I know MS has a non-adjudication procedure that can be used once. I already used some form of this. I got a ticket for rolling through a stop sign before and took defensive driving. I paid the ticket, but it was not put on my record. .08 is the triggering level for a DUI. I have a "clean" record (outside of traffic tickets). I was arrested for trespassing 9 years ago in Indiana, but I accepted a pre-trial deferral. I abided by the terms and the charge was dismissed. It was not alcohol/drug related. What are my chances for getting out of this? What should I do?

The cops can't "help" you in court. Once they stopped you, you are pretty much done if you have been drinking above the legal limit. They are not going to say on their report that they had no reason to stop you and no reason to arrest you. You had a bac over 0.08; you will be charged. After an arrest, don't listen to what the police say. Nobody cares if you know some local hot-shot. Miranda rights do not apply here at all.

The police do need a reason to stop you, and your post doesn't say why you were stopped.

Since you have a professional license at stake, you should hire a lawyer to see why you were stopped, and maybe challenge the borderline bac reading. Understand that getting a DUI charge dropped to a reckless makes little difference to employers or licensing boards. Basically, you were driving drunk.

Get a lawyer to look at your case. If you are already professionally licensed in your state, you will prob. get a pass for a first-time uncomplicated offense (after investigation). However, a DUI conviction (or equivalent) will complicate all your future professional license applications, for the rest of your life.

 

[WarrantSeeker]

Thank you for your assistance. It was a roadblock, so I was not technically "stopped." (I don't know if there is a difference.). I noticed there were cops in the middle of the road (no lights flashing), so I pulled over, as I assumed that was the proper procedure and rolled down my window. That is when they began questioning me. I will seek an attorney. The cop was saying he would speak to the judge in court, I assume as a witness, saying he could get me out of a conviction, and that the judge would likely "chew me out." The fellow inmates said I should get off if I only blew a .08. One inmate said he blew a .08 but got off through non-adjudication, where you basically get a free pass (doesn't go on record) if you go to counseling and possibly pay a fine. Are the responders here familiar with the non-adjudication procedure? This is an option available through statute in Mississippi. I believe the cop was implying that he would recommend me for non-adjudication. He also listed the possibility of "margin of error" concerning the machine, meaning that I should use this as a defense (or that he might offer it). No one mentioned the possibility of reckless driving. I'm not sure this is an option in Mississippi. I mentioned the "hot-shot" in this post only because he offered this information up to me unprovoked, implying that he genuinely was interested in doing whatever he could. I was not trying to use this as leverage. He also told me about his brother when I told him when I graduated and where from during questioning. We started talking about him and his friends. I agree that I don't know what a cop could do in the situation, but I don't know what his motive would be for saying this unless he was just trying to get me from going nuts.

 

[betachains]

Thank you for your assistance. It was a roadblock, so I was not technically "stopped." (I don't know if there is a difference.). I noticed there were cops in the middle of the road (no lights flashing), so I pulled over, as I assumed that was the proper procedure and rolled down my window. That is when they began questioning me. I will seek an attorney. The cop was saying he would speak to the judge in court, I assume as a witness, saying he could get me out of a conviction, and that the judge would likely "chew me out." The fellow inmates said I should get off if I only blew a .08. One inmate said he blew a .08 but got off through non-adjudication, where you basically get a free pass (doesn't go on record) if you go to counseling and possibly pay a fine. Are the responders here familiar with the non-adjudication procedure? This is an option available through statute in Mississippi. I believe the cop was implying that he would recommend me for non-adjudication. He also listed the possibility of "margin of error" concerning the machine, meaning that I should use this as a defense (or that he might offer it). No one mentioned the possibility of reckless driving. I'm not sure this is an option in Mississippi. I mentioned the "hot-shot" in this post only because he offered this information up to me unprovoked, implying that he genuinely was interested in doing whatever he could. I was not trying to use this as leverage. He also told me about his brother when I told him when I graduated and where from during questioning. We started talking about him and his friends. I agree that I don't know what a cop could do in the situation, but I don't know what his motive would be for saying this unless he was just trying to get me from going nuts.

You definitely need to see an attorney.

Your cop "friend" was blowing wind. Unless he is going to lie about the stop and arrest (not likely), he has no say on what happens to you at trial. He doesn't get to offer a defense about the reliability of breath-analyzer. The good news is that he seems like such an incompetent that your lawyer may find something to poke holes through.

 

[Johnphebus]

Regardless of what the cop says he will or will not do, you need to seek out a lawyer asap. The cop will probably explain that you were compliant in his police report but unfortunately with a DUI case, it really doesn't matter. Your best bet will be to hire a lawyer and get things squared away as soon as you can. The more prepared you are the better. Good luck!