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  1. #1
    heyitsme is offline Member
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    Will I still be prosecuted for a bac of .04 or less?

    What is the name of your state?
    California - Los Angeles County

    About 3 weeks ago I was pulled over for a dui. I had a couple drinks throughout the night but by my definition I was COMPLETELY fine to drive. It had been about 2 hours since my last drink and I was in no way feeling any effects of alcohol.

    Well, my luck have it, I was pulled over for "weaving," which I absolutely was not, but that's a different story. "Passed" all the field sobriety tests (I freaking stood on one leg for 30 seconds without so much as even swaying), but the officer still suggested I "submit to a chemical test." I opted to do a breath test at the station because I know the ones they have in their car are not accurate. We got to the station and before they were going to breathalyze me, I burped. Not intentionally, it just happened. The cop got extremely pissed off (I know why, because if someone burps or anything like that you have to wait 15 min. before administering the test), and said "that's it, you're taking a blood test."

    Went down to the hospital where they drew blood. This was 2 hours after being pulled over. I still haven't received my BAC results, but I'm almost positive it will be at .04 or under. I have been so freaked out about this whole situation, that I went and bought myself my own breathalyzer and "re-created" the events from that night. Meaning, I drank exactly what I did on that night and then breathalyzed myself. I tested myself at the time I would have been pulled over and it came back at .04.....so, since my blood was drawn 2 hours after being pulled over, I'm pretty sure my BAC is going to be around .01 or so.

    Can I still be prosecuted for this? I've had dui run ins before - last time (case was dismissed) the officer compltely lied about everything. I was able to get off because there was video in his squad car, thank goodness, but now I know cops are not afraid to lie. I'm scared the officer is going to lie in his report and say that I wasn't capable of operating a vehicle, that I failed all my field sobriety tests, that I was stumbling, slurrying, had blood shot eyes, etc. I can just see it now, which is why I'm scared the courts will still try to get me, even if my BAC comes back very low.

    What are the odds of being prosecuted for a .04 or less BAC?
  2. #2
    CdwJava is offline Senior Member
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    CAN you be prosecuted with a BAC of .04 or less? Sure. If you biffed the FSTs it is likely.

    Otherwise, it is very likely the DA will drop the matter.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  3. #3
    heyitsme is offline Member
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    Quote Originally Posted by CdwJava View Post
    CAN you be prosecuted with a BAC of .04 or less? Sure. If you biffed the FSTs it is likely.

    Otherwise, it is very likely the DA will drop the matter.

    - Carl

    I think you might have missed my concern. I know I did completely fine on the tests. My friend was even there to witness it. But I know how cops work, and I know a lot of them lie. I would bet a million dollars that this cop will lie in the police report and state that I failed all of the tests, that I had bloodshot eyes, that I was stumbling, etc. None of that happened, but I'm completely aware that almost all dui reports read exactly the same. Of course the officer isn't going to write "she did excellent on her tests. She stood on one leg for 30 seconds without so much as a wobble." Lets be real now.....
  4. #4
    theyerb is offline Junior Member
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    It's funny because I was in the EXACT same position a few weeks ago. Luckily, the DA dropped the charges because my BAC was .07 (apparently, this was grounds to dismiss). I was worried that the officer would lie or contaminate my blood results as well. I am willing to bet the DA will drop the charges if the blood test results are that low. I don't have much useful info, but it is notable that I was feeling the same way and it turned out alright. Good luck to you.
  5. #5
    FlyingRon is offline Senior Member
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    How old are you?
  6. #6
    heyitsme is offline Member
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    Quote Originally Posted by FlyingRon View Post
    How old are you?
    I'm 24. Why?
  7. #7
    FlyingRon is offline Senior Member
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    Checking if you were over 21.
  8. #8
    paguy88 is offline Member
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    Quote Originally Posted by heyitsme View Post
    What is the name of your state?
    California - Los Angeles County

    About 3 weeks ago I was pulled over for a dui. I had a couple drinks throughout the night but by my definition I was COMPLETELY fine to drive. It had been about 2 hours since my last drink and I was in no way feeling any effects of alcohol.

    Well, my luck have it, I was pulled over for "weaving," which I absolutely was not, but that's a different story. "Passed" all the field sobriety tests (I freaking stood on one leg for 30 seconds without so much as even swaying), but the officer still suggested I "submit to a chemical test." I opted to do a breath test at the station because I know the ones they have in their car are not accurate. We got to the station and before they were going to breathalyze me, I burped. Not intentionally, it just happened. The cop got extremely pissed off (I know why, because if someone burps or anything like that you have to wait 15 min. before administering the test), and said "that's it, you're taking a blood test."

    Went down to the hospital where they drew blood. This was 2 hours after being pulled over. I still haven't received my BAC results, but I'm almost positive it will be at .04 or under. I have been so freaked out about this whole situation, that I went and bought myself my own breathalyzer and "re-created" the events from that night. Meaning, I drank exactly what I did on that night and then breathalyzed myself. I tested myself at the time I would have been pulled over and it came back at .04.....so, since my blood was drawn 2 hours after being pulled over, I'm pretty sure my BAC is going to be around .01 or so.

    Can I still be prosecuted for this? I've had dui run ins before - last time (case was dismissed) the officer compltely lied about everything. I was able to get off because there was video in his squad car, thank goodness, but now I know cops are not afraid to lie. I'm scared the officer is going to lie in his report and say that I wasn't capable of operating a vehicle, that I failed all my field sobriety tests, that I was stumbling, slurrying, had blood shot eyes, etc. I can just see it now, which is why I'm scared the courts will still try to get me, even if my BAC comes back very low.

    What are the odds of being prosecuted for a .04 or less BAC?
    what did you learn from this?

    you where under the legal limit....

    and lets asume you get the charge dropped..

    what did you learn?
  9. #9
    CdwJava is offline Senior Member
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    Quote Originally Posted by heyitsme View Post
    I think you might have missed my concern. I know I did completely fine on the tests.
    Please tell me, then, what the clues are for the one leg stand ... or, for the walk and turn? Since you "know" you passed, certainly you can identify those clues.

    It's likely you DID do decently, but since judgment can start to go at .02, you cannot rely on your self evaluation all that well.

    I would bet a million dollars that this cop will lie in the police report and state that I failed all of the tests, that I had bloodshot eyes, that I was stumbling, etc.
    Wow! I'd take that bet ... if you had a million dollars!

    None of that happened, but I'm completely aware that almost all dui reports read exactly the same.
    How very odd ... I've written and reviewed hundreds of them and they don't read exactly the same. However, certain things ARE similar as they are objective symptoms of impairment - often the first clue that initiates a DUI evaluation. Bloodshot and watery eyes, the odor of alcohol, an unsteady gait or wobbling, and/or slurred speech. Of course these are in most DUI reports because these are things common to most impaired folks.

    Public intoxication reports are going to be even more identical - especially since no tests are required.

    Of course the officer isn't going to write "she did excellent on her tests. She stood on one leg for 30 seconds without so much as a wobble." Lets be real now.....
    No, but the officer may write, "no clues observed." Or, "did not drop foot or raise arms," etc.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  10. #10
    paguy88 is offline Member
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    [QUOTEHow very odd ... I've written and reviewed hundreds of them and they don't read exactly the same. However, certain things ARE similar as they are objective symptoms of impairment - often the first clue that initiates a DUI evaluation. Bloodshot and watery eyes, the odor of alcohol, an unsteady gait or wobbling, and/or slurred speech. Of course these are in most DUI reports because these are things common to most impaired folks.

    ][/QUOTE]

    just to play devils advocate..

    Bloodshot eyes?-- allergies

    odor of alcohol -- booze was spilled on someone-- it happends

    unsteady wobbling--- phycial injury

    slurred speech-- how do you know I don't normally talk that way?

    now to get someone with all those things in reality is rare but could happen.

    No, but the officer may write, "no clues observed." Or, "did not drop foot or raise arms," etc.
    now you know as well as I do the cop is supposed to be a objective observer.. having said that then why don't they state anything the arrested person did correct? as an objective observer I would be willing to bet some do pass sections of the FST.. do not fumble getting wallet whatever. They are to be objective. and I can not believe that just by defult these drunks driver don't do something correct..
    Last edited by paguy88; 05-07-2008 at 05:24 PM.
  11. #11
    heyitsme is offline Member
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    Quote Originally Posted by CdwJava View Post
    Please tell me, then, what the clues are for the one leg stand ... or, for the walk and turn? Since you "know" you passed, certainly you can identify those clues.

    It's likely you DID do decently, but since judgment can start to go at .02, you cannot rely on your self evaluation all that well.


    Wow! I'd take that bet ... if you had a million dollars!


    How very odd ... I've written and reviewed hundreds of them and they don't read exactly the same. However, certain things ARE similar as they are objective symptoms of impairment - often the first clue that initiates a DUI evaluation. Bloodshot and watery eyes, the odor of alcohol, an unsteady gait or wobbling, and/or slurred speech. Of course these are in most DUI reports because these are things common to most impaired folks.

    Public intoxication reports are going to be even more identical - especially since no tests are required.


    No, but the officer may write, "no clues observed." Or, "did not drop foot or raise arms," etc.

    - Carl


    That's great that YOU may be truthful in your reports, but the fact of the matter is, a lot of officers are not. And I know that first hand because the last officer who tried to get me on a dui lied about EVERYTHING in the report. He said i put my foot down 4 times when standing on one leg, that I touched my ear instead of my nose on the finger to nose test......the list went on and on. I know officers are not afraid to lie, hence why I'm concerned about this new situation. If you don't lie, then good for you, but unfortunately you are probably one of the few.

    Fact of the matter is that if an officer pulls someone over for suspicion of a DUI and then states that they need to submit to a chemical test, obviously in their eyes, they "failed" the field sobritey tests......even if they didn't. So in order to back up their story about how the defendent needed to submit to a chemical test, they are going to reflect that in their report and state how the person failed the tests, perhaps when they didn't.

    If the officer is going to stick by the story (the truth) that I in fact "did not drop foot or raise arms," etc. etc. Then there would have been no reason for me to submit to a chemical test.....but since he was already convinced I was driving under the influence even before he pulled me over, he is most likely going to continue with his story and most likely lie about how I did on the tests.


    FST are a load of crap anyway. I honestly cannot believe they are used to determine things such as a dui. They shouldn't even be administered.....if the cop suspects a dui, then breathalyze or blood test the person, don't waste time on pointless tests. As a cop I'm sure you're going to say exactly the opposite and how there is such and such research, etc. etc. but it's all crap. There is absolutely no baseline to compare these tests to on an individual, and they are designed for you to fail. I just tried walking in a straight line (one foot in front of the other) and I slipped on one of the steps. Funny considering I haven't had an ounce of alcohol today. Of course if that was to happen on a FST, it would be evidence against me that I was intoxicated. It's all ridiculous.

    And just to let you know, there has been extensive research done that shows absolutely no correlation between an odor of alcohol and BAC.
    Last edited by heyitsme; 05-07-2008 at 05:38 PM.
  12. #12
    seniorjudge is offline Senior Member
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    FST are a load of crap anyway. I honestly cannot believe they are used to determine things such as a dui.

    Good news. They are not used to determine things such as a dui.

    They are only used to determine whether you need to be carried to the cop shop for some real tests.
    There are two rules for success:

    (1) Never tell everything you know.
  13. #13
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    Why don't cops write something nice in DUI reports?

    Because they are observing and documenting impairment. It's not a highschool examination, nor is Fox News trying to put a positive spin on an endless war.
  14. #14
    heyitsme is offline Member
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    Quote Originally Posted by BigMistakeFl View Post
    Why don't cops write something nice in DUI reports?

    Because they are observing and documenting impairment.
    That's a ridiculous argument. Sure, they may be observing impairment, but then that's like only telling one side of the story. Somebody may sway, or step out of line on the walk and turn for reasons other than impairment, but once only the negative things are documented, the story becomes flawed because only HALF of the things (the bad things) are being documented, or reported on.

    I just messed up on the walk and turn in my room when I've had absolutely no alcohol. If I were to do that on a "real" test, you can sure as heck bet that it would be evidence against me for impairment. Which is absolutely ridiculous because there is no baseline to compare an individuals performance to.
  15. #15
    Zigner is offline Senior Member
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    Quote Originally Posted by heyitsme View Post
    That's a ridiculous argument. Sure, they may be observing impairment, but then that's like only telling one side of the story. Somebody may sway, or step out of line on the walk and turn for reasons other than impairment, but once only the negative things are documented, the story becomes flawed because only HALF of the things (the bad things) are being documented, or reported on.

    I just messed up on the walk and turn in my room when I've had absolutely no alcohol. If I were to do that on a "real" test, you can sure as heck bet that it would be evidence against me for impairment. Which is absolutely ridiculous because there is no baseline to compare an individuals performance to.
    Let's just say that I was stopped for suspicion of DUI. I would likely fail the "walk the line" test (I've broken each ankle at least once)...and I'd probably fail the balance test (I get dizzy when I look straight up). I can't think of any others right now (but, I've never been given any of these tests).
    What's going to save me? No smell of alcohol. Cooperative. Blows a -0- on the breathalyzer...and, if it got so far as the police station, I'd have a -0- on my blood draw.

    I guess not drinking and driving (not drinking, in my case) really helps, huh?

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