No info from Court/DA since arrested for DUI 6 months ago..

[kelvinjai]

What is the name of your state?
CA

I was arrested for DUI in Oct06 and my BAC was only .09 Anyway, I’ve already finished all DUI classes and get a restricted license by DMV (regular license in about a month).

However, I still hear nothing from the court or district attorney. I called my attorney and he told me that the court is backlogged so bad.. and asked my to look up my mailbox.

Today, I have decided to call the court and they said there is no backlogged at all Also, when they try to find my record, that guy said my driver license is associated with a totally different name

So here is my concern, should I just sit back and wait? I was told that my case could be dismissed if they didn't file a charge in 1 year. But what if they mishandle my case? Am I at risk now?

Any comments is appreciated!

[kelvinjai]

Originally Posted by kelvinjai

What is the name of your state?
CA

I was arrested for DUI in Oct06 and my BAC was only .09 Anyway, I’ve already finished all DUI classes and get a restricted license by DMV (regular license in about a month).

However, I still hear nothing from the court or district attorney. I called my attorney and he told me that the court is backlogged so bad.. and asked my to look up my mailbox.

Today, I have decided to call the court and they said there is no backlogged at all Also, when they try to find my record, that guy said my driver license is associated with a totally different name

So here is my concern, should I just sit back and wait? I was told that my case could be dismissed if they didn't file a charge in 1 year. But what if they mishandle my case? Am I at risk now?

Any comments is appreciated!

Anyone can help me here?

[seniorjudge]

Originally Posted by kelvinjai

...

I was arrested for DUI in Oct06 and my BAC was only .09 Anyway, I’ve already finished all DUI classes and get a restricted license by DMV (regular license in about a month).

....

Good grief...that's roaring drunk!

Anyway, they have a year in which to do something so just relax and stay off the roads.

[kelvinjai]

Thanks a lot... I dunno if 0.09 is drunk or not but i was talking to my gf in car like normal when they pull me over..

I will just sit back and relax then...

[boobio]

Good grief .09 is certainly not total drunk...

You really just need to keep checking to make sure they have not filed charges because it's not like there gonna call you and tell you "hey we decided to file charges so you need to be in court on x date" that will not happen.

If you have made it 6 months then you are 50/50...

IMO (of course) you should continue to go to AA meetings get signed sheets keep any treatment up, cause and I really hate to say this but it's my experience and I have allot of friends where I live they will eventually file at some point...unless there is just something really f'd up about your case and DA has already dismissed your case (which does not seem your case I don't think) but you should not assume they won't file. But you are def lucky at this point.

Given that you have made it so lucky this far IMO you should go to at least 2 AA meetings per week get signatures show you are trying to better yourself this helped my brother get out of his 5'th DUI. Sorry I really didn't mean to say "Get out of it" but it is what it is...

[kelvinjai]

Hi, I understand what you are saying

In fact I have already finished the 3-month DUI program (required by DMV) and just waiting to get back my non-restricted license in couple weeks. It's my first DUI and I hope if they decide to file a charge against me they can see I took the course in advance and really want to correct the mistake..

I will keep check on my record from time to time and make sure I am "clean". My friend suggested me to get a adminstration of record from the court ($20 I guess?).

May I ask what state you live? How "late" did the court send letter to your friends?

Thanks in advance

[PhxGuy520]

Originally Posted by kelvinjai

What is the name of your state?
CA

I was arrested for DUI in Oct06 and my BAC was only .09 Anyway, I’ve already finished all DUI classes and get a restricted license by DMV (regular license in about a month).

However, I still hear nothing from the court or district attorney. I called my attorney and he told me that the court is backlogged so bad.. and asked my to look up my mailbox.

Today, I have decided to call the court and they said there is no backlogged at all Also, when they try to find my record, that guy said my driver license is associated with a totally different name

So here is my concern, should I just sit back and wait? I was told that my case could be dismissed if they didn't file a charge in 1 year. But what if they mishandle my case? Am I at risk now?

Any comments is appreciated!

I wonder how long it takes for your body to go from .08 to .09? I was told by a lawyer to clarify as many things as possible, and ask as many questions about the test as possible prior to taking it since every minute counts when you are trying to lower you BAC.

Not sure if that is true but if I remember correctly your BAC is the amount of alcohol compared to oxygen in your blood.

[CdwJava]

Time is no always on your side when delaying a breath or blood test ... if your alcohol is rising, then you want to take the test quick! And asking questions should result in only a minor delay. I talk to them while the machine is purging, but I don't dilly dally as I want to get the test done as soon as I can so I can get started with the two hours of paperwork.

Here is one explanation of BAC:

What is BAC and how does it work?

Blood alcohol concentration (BAC) is a measurement of the amount of alcohol in your body. It is measured in grams of alcohol per 100 millilitres of blood. A measurement of 0.05 BAC means that your body contains 50 milligrams of alcohol per 100 millilitres of blood.

As soon as you start drinking, your BAC begins to rise and takes 30 to 60 minutes after you have stopped drinking to reach its highest concentration.

However, it could take up to two hours before your BAC peaks especially if you have eaten a substantial meal at the same time.

Even though you may not have had a drink for an hour or more, your BAC might still be rising.

If you are taking medication, you will need to be especially careful. Some medications and drugs, when combined with alcohol, can greatly impair your driving skills and increase your risk of a crash.

- Carl

[PainInTheRear]

Is .09 roaring drunk? Really? How much alcohol does one have to consume to get to that level. I used to work in an emergency department and I saw one time where the officer brought someone in for DWI and wanted to wait for the blood test to be administered because he always found that he wanted the most alcohol concentration in the blood so the levels were higher. If someone did just drink alcohol and it is in their stomachs - could they vomit to get rid of it? Just curious.
PITR

[CdwJava]

Originally Posted by PainInTheRear

Is .09 roaring drunk?

"Roaring drunk"? Probably not. But, it would be possible. However, one can be DUi without being "roaring drunk."

Really? How much alcohol does one have to consume to get to that level.

It depends on a lot of factors - size, age, metabolism, type of alcohol, etc. In general, 5 drinks in an hour would do that ... or 7 in two hours ... etc.

I used to work in an emergency department and I saw one time where the officer brought someone in for DWI and wanted to wait for the blood test to be administered because he always found that he wanted the most alcohol concentration in the blood so the levels were higher.

I suppose that's possible, but it just allows for a defense argument of rising alcohol. there really is no good reason to delay the test. In most states, a test taken within two hours of the violation is generally considered a "good test" for purposes of BAC.

If someone did just drink alcohol and it is in their stomachs - could they vomit to get rid of it? Just curious.
PITR

If they purge it before it gets into the blood stream, it might prevent MORE alcohol from getting into the bloodstream.

- carl

[BigMistakeFl]

Waiting for the test could work either way, depending on whether the driver is on the incline or going back down. Like Carl, I can't really see the point in waiting, unless the cop was fairly certain when the person had his or her first and last drink.

0.09 may not be "roaring drunk", but it is too impaired to drive. The fact that there are many thousands of drivers who would argue that point, is troubling.

[PainInTheRear]

That is quite a bit of booze then. 5 drinks in an hour? Hadn't realized that. This is all new to me.
PITR

[BigMistakeFl]

It's new to drivers everywhere, until they experience it first hand. Most drivers feel certain that they are not impaired and are fully capable of driving, even when they (we) aren't (weren't). Tonight alone, thousands of restaurants and bars will serve drinks to people who will drive home, thinking that they are not impaired, or that they are within the "legal limit".

[Bretagne]

5 drinks in an hour is a VERY generalized measure of getting to .08 or higher. There's an interesting on-line calculator at [url]http://www.ou.edu/oupd/bac.htm[/url].

I have had MANY clients who have gotten over .08 after consuming only 2 drinks and not eating. If I had 4 light beers in an hour, I know I would be too intoxicated to drive lawfully. However, the on-line calculator I cited says I'd be at only a .07

If you are drinking anything other than canned/bottled beer, you must be extra-careful. It is very easy to lose track of the quantity of liquor or wine poured. A strong drink at a bar can contain as much alcohol as 5 beers yet taste normal to you, so it is easy to lose track of.

Bottom line: depending on a BAC calculator is not a defense to DUI/DWI.

Also, BAC calculators assume a larger person will have a lower BAC than a smaller person if both consume the same. This is not necessarily true. As Carl explained regarding the calculation of the BAC, it's a ratio of alcohol to blood. However, a "fatter" person will have a higher BAC than a skinnier, more muscular person if they consume the same, because fat cells don't help to metabolize alcohol, and both will have roughly the same volume of blood. (I learned that in alcohol awareness class to get my bartender's license when I was still in college.)

Eating a good meal helps considerably, as well. If you are drinking on an empty stomach, your BAC will be much higher much quicker. It has to do with how well your body can metabolize alcohol.

So, when you see those BAC calculators that predict how many drinks you can have "in one hour" and still be legal to drive, realize that those calculators are generally talking about only ONE hour of drinking. Each hour that you are drinking, your body metabolizes the alcohol a little slower. So, maybe you can have 3 drinks in the first hour of drinking and still be under .08, but you won't be able to have another 3 drinks in the SECOND hour of drinking and maintain the same BAC.

[CdwJava]

As Bretagne points out, there is no one good and sure way to measure BAC by counting and time. It is always safest to assume that if you intend to drink ANY alcohol, then don't drive. Otherwise, maybe one drink per two hours should be more than adequate. Mixed drinks (like a Long Island Ice Tea) could have 4 ounces or more of alcohol - thus, being the equivalent of 4 drinks - at one fell swoop. These kinds of drinks taste sweet, go down quick, and are often followed by a second one in short order.

One safe (but not always accurate and very general) rule of thumb for the average sized person is one drink = +.02 ... one hour equals = -.01 ... you do the math.

Oh, and the fat cells tend to hold the alcohol longer, so women tend to maintain a BAC for slightly longer periods then men ... but that is a generalization.

In my previous life (before copdom) I ran a bar and restaurant for almost 5 years so I saw this sort of thing first hand.

- Carl