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Have Court for an OWI in a Week, What Should Be Done to Prepare

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asilentfire

Junior Member
The following is a fictional, non-incriminating story: I'm from Wisconsin and I just turned 21, about a week before my 21st I got a drunk driving charge, which I have court on the 20th for.

I lost the paper they gave me, the only thing I remember is that its a $700 fine and the location of court.

I drive everyday for work and I cannot afford to loose my license as I already owe something around $10,000 in debt and fines from old drug charges (none of them involved driving), how likely is it that I will loose my license?

I just don't know what to do, I would like to fight it if I can, but they took a field test, a breathalyzer and a blood test, my breathalyzer came back at 0.11% BAC, and the blood was taken about an hour later.

So is there anyway to fight the charge on any technicality (he didn't read me my rights until after I was in jail) or anything like that to keep my license? What should I do?
 


Zigner

Senior Member, Non-Attorney
The following is a fictional, non-incriminating story: I'm from Wisconsin and I just turned 21, about a week before my 21st I got a drunk driving charge, which I have court on the 20th for.

I lost the paper they gave me, the only thing I remember is that its a $700 fine and the location of court.

I drive everyday for work and I cannot afford to loose my license as I already owe something around $10,000 in debt and fines from old drug charges (none of them involved driving), how likely is it that I will loose my license?

I just don't know what to do, I would like to fight it if I can, but they took a field test, a breathalyzer and a blood test, my breathalyzer came back at 0.11% BAC, and the blood was taken about an hour later.

So is there anyway to fight the charge on any technicality (he didn't read me my rights until after I was in jail) or anything like that to keep my license? What should I do?


In the real world, somebody in this situation would hire an attorney.


I have no idea what would happen in the fictional world.
 

tranquility

Senior Member
In the fictional world, we might find some facts that relate to how the OP was fictionally pulled over or how he had vomited in his mouth just before taking the breathalyzer test or how the blood samples were switched in the evidence locker. It is just not good fiction when all there is is pathos. We need some logos too. (The fictional nonsense puts the ethos of the OP in doubt.)
 

Banned_Princess

Senior Member
What a tactless, distasteful and inappropriate remark!

A desperate young man fearful of loosing his driving privileges, hence his livelihood reaches out for legal help, and you – superficially dabbling away in here as if you possessed professional credentials suitable for this forum – respond with nothing but mockery?

How gauche!
OP was very clear this never happened.

Which is good because the fictional character is going to lose his license, and might be looking at jail or supervised probation with some serious fines.

This fake personality definitely needs a lawyer and a rainbow.
 

HighwayMan

Super Secret Senior Member
So is there anyway to fight the charge on any technicality (he didn't read me my rights until after I was in jail)
In both the real and fantasy worlds that means nothing unless you were interrogated while in custody and that usually is not necessary in DUI cases.

Why don't you act like an adult and stop with the stories.
 

Ohiogal

Queen Bee
In both the real and fantasy worlds that means nothing unless you were interrogated while in custody and that usually is not necessary in DUI cases.

Why don't you act like an adult and stop with the stories.
Because Adults have to deal with the consequences of their actions -- or at least recognize that there are consequences. That would ruin the fantasy.
 

asilentfire

Junior Member
Thanks!

All preceding and proceeding text is a fictional, non-incriminating story with fictional characters like: "I", "me", "OP", etc., and is not to be used in court as an admission of guilt.

I apologize if this precaution comes across as me trying to be intentionally offensive or nonsensical, but to be honest I am terrified of what will happen if I loose my license, so please forgive me for trying to be discreet, I want to feel safe when discussing my problems and I don't want to have to worry about risking incrimination.

I want to sincerely thank all of you who are trying to help, it gives me hope to know that there are people out there who might be able to help me in possibly the most hopeless time of my life.

In the fictional world, we might find some facts that relate to how the OP was fictionally pulled over or how he had vomited in his mouth just before taking the breathalyzer test or how the blood samples were switched in the evidence locker. It is just not good fiction when all there is is pathos. We need some logos too. (The fictional nonsense puts the ethos of the OP in doubt.)
I agree with tranquility on the importance of the logos, I am most definitely not counting on pathos to get me through court on account of some charity.

tranquility also made a good point regarding how prototype facts (such as vomiting in ones mouth before a breathalyzer) can be discovered, discussed, and critiqued openly within the fictional realm before being utilized within the official story.

I would like your help on getting the official story strait, please suggest any prototype facts that you can think of that may help disprove or discredit an OWI charge, or at least cast enough doubt that I don't loose my license.

I would like to add vomiting in mouth to the story, but I heard that the breathalyzer would pick up on it: "the Intoxilyzer 5000 has a slope parameter that detects any significant decrease in alcohol concentration over 6/10's of a second. This would indicate the residual mouth alcohol you speak of and would then indicate an invalid sample."

I don't know what kind of breathalyzer I took, but I could some research if knowing what the capabilities of the specific model of the breathalyzer become necessary.

Here is info I found:

The breath test does not detect alcohol (ethyl alcohol). It detects part of the alcohol molecule called the methyl group, so anything that might add methyl to my breath would have raised the reading.. as long as it cannot be proven that I did not consume or do whatever caused the extra methyl, it belongs in the story.

Some factors that might alter the readings include cold medicine, mouthwash, breath sprays, bread products, lip balm, lacquer, paint remover, celluloid, gasoline, ethers, alcohols, and other volatile compounds. Additional factors can encompass long-term smoking, diabetes, fasting, breath temperature (a normal temp can raise BAC 10-20%), blood in mouth, hiccuping, belching, slow metabolism, and alcohol in mouth.

Regarding a technical foul due to failure to read Miranda rights:
In both the real and fantasy worlds that means nothing unless you were interrogated while in custody and that usually is not necessary in DUI cases.
Your probably right about the Miranda warning meaning nothing in my case but I just want to make sure I don't miss any opportunity for a mistake on his part for my case. After he pulled me over he did his field test and breathalyzer, then to a hospital for a blood test, then to jail (for about 3 hours before being released at 4am hours away from home with no phone).

My understanding is that until the Miranda rights are read, anything you say cannot be used in court. I'm not sure what time range is covered where he cannot use as evidence against me, but it is probably from the time I got in the his car after the breathalyzer, to the hospital for the blood test, and then to the police station, where he read them before the booking questions. It would be nice if everything I said the whole night up until booking could be suppressed, and if I could get the blood test suppressed.. :D ..but I don't think that's possible.

I did an estimate of my BAC at the time of the blood sample being taken, and it came out to be 0.86%, so if I can get the breathalyzer suppressed, maybe I'll get lucky and get below a .8%, because I don't remember exactly what time I drank what so it could be off.

Another thing I just thought of that's true is that I had gum in my mouth the whole time, just before I blew for the breathalyzer he told me to spit it out on the ground, but I kept it in my mouth and pretended to spit it into a paper I had in my pocket and crumpled it up. I also told the officer that I sustained a bleeding head wound when he asked if I had any injuries, which would result in a slightly higher BAC than normal, when combined with the gum containing sugar alcohols, long term smoking, a little vomit, and a lot of imagination, I think there is hope!

I will do some more reading on this and try to get some money for a lawyer, and I will really appreciate any input that might help my situation!

THANK YOU AND PLEASE PRAY I DON'T LOOSE MY LICENSE! :)
 
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tranquility

Senior Member
Hilarious. I suggest a deal. (As a side note, all your comments can be used against you. It would be up to the fact finder to determine the weight. What would you think if on a jury and a transcript presented? Good try though.)
 

HighwayMan

Super Secret Senior Member
Some factors that might alter the readings include cold medicine, mouthwash, breath sprays, bread products, lip balm, lacquer, paint remover, celluloid, gasoline, ethers, alcohols, and other volatile compounds. Additional factors can encompass long-term smoking, diabetes, fasting, breath temperature (a normal temp can raise BAC 10-20%), blood in mouth, hiccuping, belching, slow metabolism, and alcohol in mouth.
What difference does that make? You had a BLOOD TEST. The device that was used to test you in the field is a PBT and the results are not admissible in court in many states - don't know about yours in particular.

My understanding is that until the Miranda rights are read, anything you say cannot be used in court
Your understanding is wrong. Spontaneous statements are ALWAYS admissible. In addition, routine traffic stops are considered temporary detentions and not full-blown custody for interrogation purposes (at least everywhere that I am aware of). Any statements made during such a stop prior to an arrest would likely be accepted as evidence by a court.


I did an estimate of my BAC at the time of the blood sample being taken, and it came out to be 0.86%, so if I can get the breathalyzer suppressed, maybe I'll get lucky and get below a .8%, because I don't remember exactly what time I drank what so it could be off.
Oh, you did an estimate? Based upon what exactly? You also admit you don't remember times you drank alcohol, and I'll venture a guess that you don't remember quantity very well either. Your estimate is pretty worthless.

While I'm at it perhaps you could explain how a bleeding wound increases your BAC.

You were apparently operating a motor vehicle while intoxicated. You do deserve to lose your license. I'm a believer in stricter DUI/DWI laws and fully support a mandatory suspension of license/driving privilege for a first offense, so I will pray for the opposite of what you are asking for.
 

HighwayMan

Super Secret Senior Member
The following is a fictional, non-incriminating story: I'm from Wisconsin and I just turned 21, about a week before my 21st...
You do realize that Wisconsin has a different DUI standard for drivers under 21 years of age, don't you?

What was your actual BAC? Anything .02 or over and you're presumed intoxicated.
 

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