Idiot- Drank and Drove

[Idiot]

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

First of all, thanks for any advice you have for me.
My blood results came back as over a .2, which in Colorado is a bad thing. Which, if any, of the following can I use as a defense (or even a viable defense)? What’s the best I could hope for in a plea bargain or should I go to trial? Oh yeah and if I go to trial what will the results be?

1. There is no way I could drink that much and not be puking. I don’t drink frequently enough or enough quantity to be able to handle that much alcohol. Nowhere do the police officers say they said I smelled of vomit.
2. My blood was drawn at 12:45 am. I was taken to detox. I guess in detox you have to be sober before they release you so you need to do a breathalyzer. At 2:45 am (yes that is two hours later) while I was in detox, I blew a .08. I have the medical records from that.
3. From the other posts it looks as though you can’t use general stress as a defense. I have previously been to an alternative health care provider specifically because when I do get emotionally stressed my body does manifest itself with physical symptoms.
4. The second police officer (who sort of took over) told the first police officer that I was a “habitual” maybe he said drunk after that (I can’t remember the exact word he used) I think because I requested a blood test? The only other time I was ever asked if I had been drinking while in a car was 20 years ago after I got off a graveyard shift. Could his assumption have influenced his attitude to me?
5. My car was taken to impound and put in investigative hold for a week. The police officer never filed the correct paperwork to have a detective investigate the hit and run he suspected me of.

[IsabellaSoriano]

Originally Posted by Idiot

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

First of all, thanks for any advice you have for me.
My blood results came back as over a .2, which in Colorado is a bad thing. Which, if any, of the following can I use as a defense (or even a viable defense)? What’s the best I could hope for in a plea bargain or should I go to trial? Oh yeah and if I go to trial what will the results be?

1. There is no way I could drink that much and not be puking. I don’t drink frequently enough or enough quantity to be able to handle that much alcohol. Nowhere do the police officers say they said I smelled of vomit.
2. My blood was drawn at 12:45 am. I was taken to detox. I guess in detox you have to be sober before they release you so you need to do a breathalyzer. At 2:45 am (yes that is two hours later) while I was in detox, I blew a .08. I have the medical records from that.
3. From the other posts it looks as though you can’t use general stress as a defense. I have previously been to an alternative health care provider specifically because when I do get emotionally stressed my body does manifest itself with physical symptoms.
4. The second police officer (who sort of took over) told the first police officer that I was a “habitual” maybe he said drunk after that (I can’t remember the exact word he used) I think because I requested a blood test? The only other time I was ever asked if I had been drinking while in a car was 20 years ago after I got off a graveyard shift. Could his assumption have influenced his attitude to me?
5. My car was taken to impound and put in investigative hold for a week. The police officer never filed the correct paperwork to have a detective investigate the hit and run he suspected me of.

FYI, in ANY state a 0.2 is a bad thing.


how do you know what your BAC level is when you need to spew your stomache contents? do you really use a breathalizer to see how drunk you are when you drink each and every time?

i don't know any police officer who is sweet and gentle with a DUI driver. they weren't with me. i can't blame them. i got sarcastic comments, snide remarks. one police officer got very impatient with me when i started having a panic attack. still can't get mad at her. my stupidity got me there.

impound fees. the inconvenience of being a DUI driver. learn your lesson and don't do it again. i sure plan on NOT doing it again.

[url=http://criminal-law.freeadvice.com/drunk_driving/colorado-dui-lawyer.htm]Colorado DUI Lawyers, Attorneys, & Convictions[/url]

[Idiot]

Hi Isabella,

Thanks for what you had to offer. I was actually looking for specifics to my case personally. I am trying to see specifically what I can use for a defense.

I can see that a .2 in any state would be a bad thing. I received the charge in Colorado; therefore, I am more focused on Colorado than the other 49 states.

I believe in my original post the only other time I had been pulled over was 20 years ago. I assumed by the story one would realize I never got to the breathalyzer stage of a DUI. So to be more specific I have never had a breathalyzer before. Naturally that would negate my finding out what my BAC is every time I spew my stomach contents. I do know when I open the second bottle of wine with my friends, more often than not, I vomit. From what I have read on the internet, not only would it be the second bottle of wine that would get me above a .2 but nausea does start to occur at that alcohol concentration level.

If you re-read my post, I didn’t state the police officer was rude or sarcastic. I was merely wondering if his stating something that was a completely inaccurate could be used in my favor. Again, I’m looking for advice on what I can use as a defense.

As for the impound fees, my question was not about the fairness of the impound fees. My question was can I use the police officer not completing paperwork properly be used for my defense.

I agree with you wholeheartedly about taking my lumps. But, I would rather not have to spend 10 days in jail if I do not have to and if I do not deserve it. At detox I was counseled at the lowest level of alcohol impairment. I was released before 5 am that day. When I did my investigating on the internet I could see where I could have possibly been at a .08. Joking and sarcasm aside, a .2 is really out of my league for drinking and the punishment goes up exponentially from a .08 to a .2.

I am here to see if what different people think my options are. And again, if your comments are what you have to offer- THANK YOU.

[IsabellaSoriano]

Originally Posted by Idiot

Hi Isabella,

Thanks for what you had to offer. I was actually looking for specifics to my case personally. I am trying to see specifically what I can use for a defense.

I can see that a .2 in any state would be a bad thing. I received the charge in Colorado; therefore, I am more focused on Colorado than the other 49 states.

I believe in my original post the only other time I had been pulled over was 20 years ago. I assumed by the story one would realize I never got to the breathalyzer stage of a DUI. So to be more specific I have never had a breathalyzer before. Naturally that would negate my finding out what my BAC is every time I spew my stomach contents. I do know when I open the second bottle of wine with my friends, more often than not, I vomit. From what I have read on the internet, not only would it be the second bottle of wine that would get me above a .2 but nausea does start to occur at that alcohol concentration level.

If you re-read my post, I didn’t state the police officer was rude or sarcastic. I was merely wondering if his stating something that was a completely inaccurate could be used in my favor. Again, I’m looking for advice on what I can use as a defense.

As for the impound fees, my question was not about the fairness of the impound fees. My question was can I use the police officer not completing paperwork properly be used for my defense.

I agree with you wholeheartedly about taking my lumps. But, I would rather not have to spend 10 days in jail if I do not have to and if I do not deserve it. At detox I was counseled at the lowest level of alcohol impairment. I was released before 5 am that day. When I did my investigating on the internet I could see where I could have possibly been at a .08. Joking and sarcasm aside, a .2 is really out of my league for drinking and the punishment goes up exponentially from a .08 to a .2.

I am here to see if what different people think my options are. And again, if your comments are what you have to offer- THANK YOU.

others will be along shortly. i gave you a link on colorado DUI law.

you cannot use the officer's comments as a part of your defense. it has nothing to do with the fact that you drove drunk. that was my point.

what you read on the internet is not necessarily pertains to your body weight, consumption of food that day, age, and overall daily alcohol intake. so random internet articles do not help you.

the only defense you would have is potentally the alcohol level. prove the breathalizer was wrong. prove the blood test was wrong.

wait for the DA to offer you a deal.

[FlyingRon]

Originally Posted by Idiot

1. There is no way I could drink that much and not be puking. I don’t drink frequently enough or enough quantity to be able to handle that much alcohol. Nowhere do the police officers say they said I smelled of vomit.

Drinking until you puke is not a good measure of intoxication or lack thereof.

2. My blood was drawn at 12:45 am. I was taken to detox. I guess in detox you have to be sober before they release you so you need to do a breathalyzer. At 2:45 am (yes that is two hours later) while I was in detox, I blew a .08. I have the medical records from that.

Depends what the test was. It MIGHT be significant. You should explore this with your lawyer. Of course, you're still over the per se DUI limit, but you may bargain down from the high BAC sanctions.

3. From the other posts it looks as though you can’t use general stress as a defense. I have previously been to an alternative health care provider specifically because when I do get emotionally stressed my body does manifest itself with physical symptoms.

What does "general stress" have to do with you're being drunk and driving?
You don't get to drive drunk because you drank because you were stressed, lonely, had a note from your mommy doctor. Even stressed people are expected to understand right and wrong and act accordingly.

4. The second police officer (who sort of took over) told the first police officer that I was a “habitual” maybe he said drunk after that (I can’t remember the exact word he used) I think because I requested a blood test? The only other time I was ever asked if I had been drinking while in a car was 20 years ago after I got off a graveyard shift. Could his assumption have influenced his attitude to me?

Completely nonsensical and meaningless.

5. My car was taken to impound and put in investigative hold for a week. The police officer never filed the correct paperwork to have a detective investigate the hit and run he suspected me of.

Means nothing on the DUI charge. They've got time to file the hit and run charge as well. All it means is you likely can get your car back.

This is serious stuff, you need a lawyer.

[Idiot]

Thank you both for the great advice. I even figured out how to use the link Isabella- it is very helpful.
I can't believe what an idiot I was and how much this is going to impact my life.

Take care

[IsabellaSoriano]

Originally Posted by Idiot

Thank you both for the great advice. I even figured out how to use the link Isabella- it is very helpful.
I can't believe what an idiot I was and how much this is going to impact my life.

Take care

just learn from it. and you'll be fine.

[ObeyLaws]

Learn from it and see if you have a problem.

[url=http://www.amianalcoholic.org]Am I an alcoholic?[/url]

[lenny71]

Originally Posted by ObeyLaws

Learn from it and see if you have a problem.

[url=http://www.amianalcoholic.org]Am I an alcoholic?[/url]

Personally, I think these 'tests' are foolish drivel and tend to desensitize by creating overly simplistic criteria for alcohol abuse.

[CdwJava]

Originally Posted by Idiot

What’s the best I could hope for in a plea bargain or should I go to trial? Oh yeah and if I go to trial what will the results be?

No one can tell you what the end results will be. The offer the DA makes in a plea offer will be based upon your history and the practice of that offer. if there is a lesser offense of reckless driving available in your state, maybe they'll offer that. But, with a BAC of .20, I would not expect an offer that does not convict of a DUI related offense to even be made.

1. There is no way I could drink that much and not be puking.

Apparently there was. I do not suspect they made the number up. If you believe the machine used to test your breath was broken or not functioning properly (assuming it was breath they obtained) you can certainly challenge that. But, be prepared to spend an additional $2,000 to $5,000 for expert testimony at trial.

2. My blood was drawn at 12:45 am. I was taken to detox. I guess in detox you have to be sober before they release you so you need to do a breathalyzer. At 2:45 am (yes that is two hours later) while I was in detox, I blew a .08. I have the medical records from that.

If they used the same machine, that might be enough to show that something was amiss. You should not have dropped more than .03 in two hours.

If you took a blood test as opposed to breath, you're in trouble because blood is generally quite accurate ... and it even tends to drop the BAC by about .01 to .02 when compared to a breath device.

However, in my experience, the mandated test is done with the well-maintained and calibrated machine, and the jailers use the rarely calibrated, less expensive and and less accurate type of PBT to test for BAC before release.

How is that in your "medical records"???

3. From the other posts it looks as though you can’t use general stress as a defense. I have previously been to an alternative health care provider specifically because when I do get emotionally stressed my body does manifest itself with physical symptoms.

Stress should not cause your BAC to rise. It might have some effect on one or more of the field sobriety tests, but not all of them, and no your BAC.

4.Could his assumption have influenced his attitude to me?

Sure. But it would not have effected the chemical test. His attitude does not translate into chemical test results.

5. My car was taken to impound and put in investigative hold for a week. The police officer never filed the correct paperwork to have a detective investigate the hit and run he suspected me of.

I suppose that's lucky for you ... provided you did indeed DO the hit and run.

- Carl

[CdwJava]

Originally Posted by lenny71

Personally, I think these 'tests' are foolish drivel and tend to desensitize by creating overly simplistic criteria for alcohol abuse.

Maybe so. But, as a device to invite some self reflection, I think it is a great tool.

- Carl

[BigMistakeFl]

Test could be quite revealing, but all the tests in the world aren't going to help the alcoholic until he or she is ready.