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OWI in Michigan, I have a few questions

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a0012

Junior Member
First and foremost, thanks for helping me.

I was pulled over last night after leaving the bars driving some friends home, I had a few drinks, including 1 beer approx. 7 hours prior, a (light) Jim Beam and Coke approx. 6 hours prior, and a (strong!) long island approx. 20 minutes prior, along with a few sips from friends drinks throughout the night. Now, I'm 6 foot and really skinny, and I had eaten only one meal all day, so I'm sure none of that helped me out.

I was apparently pulled over for driving out of my lane, which at first I was confused because I *knew* I was driving fine, under the speed limit, and in my lane (we have rumble strips on both white and yellow lines, so I knew). Anyway, after hearing from my friend who was talking to the cops afterwards, they said I was kicking up dust from the shoulder. Then I looked on my ticket and the location listed was 5 miles prior, down a 2 lane one way street. This particular street is without lines painted on the shoulder, and it has a 5 foot or so shoulder as well, full of dust and debris. And I have the bad habit of always driving in that shoulder. Pretty much every time I go through there, which is daily.

So I get pulled over, he smells alcohol and says I was swerving. I had 4 other individuals with me, all far drunker than I was. So, on to my sobriety tests. He complimented me on how well I can do the 1-2-3-4-4-3-2-1 finger count, sober or not, and I also counted to 38 doing the one leg test. When he had me follow his pen horizontally with my eyes, I simply could not see the pen, he was standing between me and his squad car with lights shining in my eyes, so I tried to 'guess' where the pen was based on where he was moving his hand. I don't know if I failed that one or not. Afterwards, I blew a .122 and was arrested. The entire time I was coherent and not visually drunk, as confirmed by my friends watching. I give them full consent to do whatever they must, they search and impound my vehicle and take me to the hospital to get blood drawn. They never gave me a second breath test.

I'm wondering if I am able to get a copy of the dashboard video of my arrest, to be able to see the condition that I was in as well as my driving ability. I was reading some case summaries and saw some people getting their charge down to a careless driving charge, how likely is this? My arraignment is in 4 days, what should I discuss with a lawyer and what exactly am I looking at here?
 


Ohiogal

Queen Bee
First and foremost, thanks for helping me.

I was pulled over last night after leaving the bars driving some friends home, I had a few drinks, including 1 beer approx. 7 hours prior, a (light) Jim Beam and Coke approx. 6 hours prior, and a (strong!) long island approx. 20 minutes prior, along with a few sips from friends drinks throughout the night. Now, I'm 6 foot and really skinny, and I had eaten only one meal all day, so I'm sure none of that helped me out.

I was apparently pulled over for driving out of my lane, which at first I was confused because I *knew* I was driving fine, under the speed limit, and in my lane (we have rumble strips on both white and yellow lines, so I knew). Anyway, after hearing from my friend who was talking to the cops afterwards, they said I was kicking up dust from the shoulder. Then I looked on my ticket and the location listed was 5 miles prior, down a 2 lane one way street. This particular street is without lines painted on the shoulder, and it has a 5 foot or so shoulder as well, full of dust and debris. And I have the bad habit of always driving in that shoulder. Pretty much every time I go through there, which is daily.

So I get pulled over, he smells alcohol and says I was swerving. I had 4 other individuals with me, all far drunker than I was. So, on to my sobriety tests. He complimented me on how well I can do the 1-2-3-4-4-3-2-1 finger count, sober or not, and I also counted to 38 doing the one leg test. When he had me follow his pen horizontally with my eyes, I simply could not see the pen, he was standing between me and his squad car with lights shining in my eyes, so I tried to 'guess' where the pen was based on where he was moving his hand. I don't know if I failed that one or not. Afterwards, I blew a .122 and was arrested. The entire time I was coherent and not visually drunk, as confirmed by my friends watching. I give them full consent to do whatever they must, they search and impound my vehicle and take me to the hospital to get blood drawn. They never gave me a second breath test.

I'm wondering if I am able to get a copy of the dashboard video of my arrest, to be able to see the condition that I was in as well as my driving ability. I was reading some case summaries and saw some people getting their charge down to a careless driving charge, how likely is this? My arraignment is in 4 days, what should I discuss with a lawyer and what exactly am I looking at here?
You blew a .122 so you were over the per se limit. You were drunk. Depends on the prosecutor and judge. You will most likely lose your license and have to complete a class and have to secure SR22 in order to get insurance in the future. Watch your insurance rates skyrocket.
 

Fickey

Junior Member
Where i come from, a Long Island iced tea has several shots in it. If a skinny person does one that strong on an empty stomach and drives not soon after, they are probably gonna blow over like you did and their driving skills are not gonna be as good as they think they are at the time.
 

dmcc10880

Member
See a lawyer who specializes in DUI. You really need one. If you don't have one by the time of your arraignment. Plead not guilty and get a court date. See a lawyer immediately.
 

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