My first DUI @ 40!

What is the name of your state? California

Well it happened....after 23 years of driving in a DUI **** County I finally got a DUI.

There are some special circumstances.

1: On November 25th, 2007 I was pulled over a 1am for having no plates on a new Minivan (yes Minivan) that I had just recently purchased. IT DID HAVE TEMPORARY OPERATING PERMIT IN BOTTOM RIGHT CORNER OF BACK WINDOW.

2: I have always followed the guidelines of the DMV suggested amount of alcohol for weight so as to keep under the current .08% BA. I'm 6'3 245lbs (dmv pamphlet stes 2-3 drinks per hour)...I had a total of 6 pints of Budweiser from 6pm-12pm...then stopped for an hour b4 driving home. I had a very large burrito @ 7:30pm, and a cinnimon roll @ 12:30am. Somehow breathalyzer showed .17%.

3: After seeing breathalyzer comeback with high reading, I informed the arresting officer that I would like to take blood test....he then arrested me and took me to hospital for blood test. Blood test would eventually come back .18%


Now the questions:

1: Should I keep fighting and go to trial?

a: It has been over six months, and I heard that if you retest the blood test after a certain amount of time it will be inaccurate.

b: I really don't think I was that impaired. I have been pulled over many, many times and been run through the whole tests and breathalyzer thing b4 (with far more alcohol in system), and never blown over .05%.

c: When officer came up to window he then stated that he saw the temp regs. Then ran me thru a ton of questions.

2: Should I hire a private attorney? I have a really good public defender that just last week got my wife's DUI dropped for being borderline BAL. This county is where the California Highway Patrol send all their new recruits for training.

THANKS FOR YOUR HELP!

Matt

1: Should I keep fighting and go to trial?

A: You have presented no defense in your post.


2: Should I hire a private attorney? I have a really good public defender that just last week got my wife's DUI dropped for being borderline BAL. This county is where the California Highway Patrol send all their new recruits for training.

A: Matt, you need help and quick. Re-read your post. You are a roaring alcoholic and a very dangerous person.

BigMistakeFl

Dude, you got caught. Plain and simple, six beers in six hours at your weight and your BAC would not have registered much of anything. To achieve 0.17, you would instead had to have consumed 216 ounces of standard potency beer in six hours. That's around 18 beers at 12 ounces each, give or take.

So you have to decide for yourself if that's a case worth fighting. You can find your own BAC calculator all over the internet. Plug in the numbers any way you want, you'll find that you lost count somewhere.

seniorjudge said:

A: Matt, you need help and quick. Re-read your post. You are a roaring alcoholic and a very dangerous person.

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I wouldn't say roaring alchoholic....I drink one night a week (dart night at local pub), and never in the day time.

Dude, you got caught. Plain and simple, six beers in six hours at your weight and your BAC would not have registered much of anything. To achieve 0.17, you would instead had to have consumed 216 ounces of standard potency beer in six hours. That's around 18 beers at 12 ounces each, give or take.

So you have to decide for yourself if that's a case worth fighting. You can find your own BAC calculator all over the internet. Plug in the numbers any way you want, you'll find that you lost count somewhere.

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My fellow dart teamate (that I drove) had the exact amount as me (we shared the pitchers). He was given the tests also, but passed. He's about 10lbs heavier than me.

I JUST SERIOUSLY DON'T THINK I WAS THAT INEBRIATED. IF I DID I WOULD SUCK UP AND TAKE MY PUNISHMENT.

I wouldn't say roaring alchoholic....I drink one night a week (dart night at local pub), and never in the day time.

Night-time binge drinkers are alcoholics too!




My fellow dart teamate (that I drove) had the exact amount as me (we shared the pitchers). He was given the tests also, but passed. He's about 10lbs heavier than me.

Doubtful, but even if true, it is irrelevant to your case.



I JUST SERIOUSLY DON'T THINK I WAS THAT INEBRIATED. IF I DID I WOULD SUCK UP AND TAKE MY PUNISHMENT.

Matt, a blood test and a breath test both prove you are wrong. You are in deep denial.

BigMistakeFl

Well, like I said.... you can plug in the numbers at the BAC calculators all over the internet. You got second confirmation of the percentage. I'm sorry, I've been there too. But you had a great deal to drink, far more than six beers in six hours. It's irrefutable.

As for getting a DUI at 40 y/o, that's not at all unusual. Statistically, you're right on time. I'm guessing you're also white and married.

Asking to have a blood test didn't help your case. A BAC of 180 is enough to render some people unconscious, but you thought you were fine to drive. You have not presented any defense whatsoever to your DUI, some blame shifting, but no defense. Get a lawyer, and try to mitigate your sentence at this point, your case seems signed, sealed and delivered in a nice little package.

During my time with the Florida Highway Patrol, I'd say 40 is about average for DUIs. It's not a kid's thing.

On a personal note, I would advise going to AA, and stop denying your problem.

Why people drink EVEN A SIP of alcohol and operate a vehicle is BEYOND ME!!!

mbuttrey66 said:

2: Should I hire a private attorney? I have a really good public defender that just last week got my wife's DUI dropped for being borderline BAL. This county is where the California Highway Patrol send all their new recruits for training.

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Is anyone else concerned about this statement but me???? Not only is he a danger on the road, his wife has a problem also...

Hopefully the combined breath/blood will be enough to put you away.

mbuttrey66 said:

2: I have always followed the guidelines of the DMV suggested amount of alcohol for weight so as to keep under the current .08% BA. I'm 6'3 245lbs (dmv pamphlet stes 2-3 drinks per hour)...I had a total of 6 pints of Budweiser from 6pm-12pm...then stopped for an hour b4 driving home. I had a very large burrito @ 7:30pm, and a cinnimon roll @ 12:30am. Somehow breathalyzer showed .17%.

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I think you've misunderstood the guidelines. Beers in the DUI are always 12oz's not pints.
6 (imperial:beer) pints is ten drinks. More if you're not drinking the usual mass produced US fizzwater.

At your weight 5 standard beers puts you at .08, figure you lose .02 per hour and another beer puts you up .02.

1: Should I keep fighting and go to trial?

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Yes, get a lawyer. You are going to have to go to court anyhow. Your lawyer will know how to challenge the initial probable cause for the stop as well as the resultant tests.

b: I really don't think I was that impaired. I have been pulled over many, many times and been run through the whole tests and breathalyzer thing b4 (with far more alcohol in system), and never blown over .05%.

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The above is non-sequitor. You had three times as much alcohol in your system. Your ability to measure impairment is impared. At .18 you are way over the pro se limit, so they don't have to prove you were impaired other than to present the two independent and confirming tests.

c: When officer came up to window he then stated that he saw the temp regs. Then ran me thru a ton of questions.

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Cops love to ask questions. That's one of the ways they do their job. It's not illegal.

2: Should I hire a private attorney? I have a really good public defender that just last week got my wife's DUI dropped for being borderline BAL.

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Your case is not borderline. Get a good attorney even if you have to sell the van.

BigMistakeFl said:

Well, like I said.... you can plug in the numbers at the BAC calculators all over the internet. You got second confirmation of the percentage. I'm sorry, I've been there too. But you had a great deal to drink, far more than six beers in six hours. It's irrefutable.

As for getting a DUI at 40 y/o, that's not at all unusual. Statistically, you're right on time. I'm guessing you're also white and married.

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He said he had 6 PINTS...More than 6 beers....

CourtClerk said:

Is anyone else concerned about this statement but me???? Not only is he a danger on the road, his wife has a problem also...

Hopefully the combined breath/blood will be enough to put you away.

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Yes...I caught that...

They say "the family that plays together stays together..."

BigMistakeFl

Absolutely correct, BayGirl. The problem I've found in my public speaking on the subject is that people mistakenly count the number of drinks and disregard the size and / or potency.

You can have three ****tails with heavy pours that are equal to three times the "normal" drink. Wine can be filled to the top of the fishbowl size glasses, and people will often insist on that number three again. It's crazy that people don't consider the ounces and strength of the drink instead.

mbuttrey66 said:

Well it happened....after 23 years of driving in a DUI **** County I finally got a DUI.

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One of our county judges commented today in court that he recently read a study that indicated that for every DUI arrest, a particular subject probably had driven so impaired at least 200 times. Getting caught doesn't mean it was the first time driving impaired, only that it was the first time caught.

1: On November 25th, 2007 I was pulled over a 1am for having no plates on a new Minivan (yes Minivan) that I had just recently purchased. IT DID HAVE TEMPORARY OPERATING PERMIT IN BOTTOM RIGHT CORNER OF BACK WINDOW.

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Since it is not legible at 1 AM (in the dark) the stop is likely good.

2: I have always followed the guidelines of the DMV suggested amount of alcohol for weight so as to keep under the current .08% BA. I'm 6'3 245lbs (dmv pamphlet stes 2-3 drinks per hour)

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What pamphlet says it is safe for you to drink 2-3 drinks PER HOUR!!?? I'm looking in it right now, and I don't see that. If you read the chart I'm looking at in there, it essentially says that you can drink one drink (12 oz. beer) per hour and you should be okay. However, here is the caveat posted underneath the charts:

These charts are not legal evidence of actual BAC. Although it is possible for anyone to exceed the designated limits, the charts have been constructed so that fewer than 5 persons in 100 will exceed these limits when drinking the stated amounts on an empty stomach. Actual values can vary by body type, sex, health status, and other factors.

The fact that breath had a BAC at .17 and blood at .18 shows that either you drank more than you recalled, or that your metabolism does not efficiently purge alcohol from your system.

...I had a total of 6 pints of Budweiser from 6pm-12pm...then stopped for an hour b4 driving home. I had a very large burrito @ 7:30pm, and a cinnimon roll @ 12:30am. Somehow breathalyzer showed .17%.

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I suspect you had more than 6 pints (the equivalent of 8 beers, mind you). Over 6 hours, I would expect you to be about .06, and you DO know that you can be DUI at under .08, right? .08 is simply the 'per se' limit ... in other words, that's the BAC at which you are deemed impaired by statute. You can still be convicted of DUI for lesser BAC levels.

3: After seeing breathalyzer comeback with high reading, I informed the arresting officer that I would like to take blood test....he then arrested me and took me to hospital for blood test. Blood test would eventually come back .18%

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Not good.

1: Should I keep fighting and go to trial?

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That's between you and your attorney. I don't see that you have much of a defense, but $10-$15,000 can buy you a lot of expert testimony to try and show that both the breath machine and the lab results were faulty.

a: It has been over six months, and I heard that if you retest the blood test after a certain amount of time it will be inaccurate.

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And I have heard that bumblebees can't fly. Hearing it doesn't mean it's true. You can always try to pay for another test of the blood.

b: I really don't think I was that impaired. I have been pulled over many, many times and been run through the whole tests and breathalyzer thing b4 (with far more alcohol in system), and never blown over .05%.

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The fact you did not think you were impaired does not enter into the equation.

Perhaps you ought to reconsider this whole game of trying to predict your BAC by tables and estimates. Even driving at .05 puts the rest of us at risk! Have you considered that you might have an alcohol problem?

c: When officer came up to window he then stated that he saw the temp regs. Then ran me thru a ton of questions.

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Okay. He can ask whatever he wants. You don't always have to answer.

2: Should I hire a private attorney? I have a really good public defender that just last week got my wife's DUI dropped for being borderline BAL. This county is where the California Highway Patrol send all their new recruits for training.

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You're in Los Angeles County?

If you like the attorney you have, then stick with him or her. If you have the means to hire a private attorney that specializes in DUIs, then you might want to consider one. Your case is not borderline, so you might very well need expert defense .. and while expensive, they do not regularly win their cases at trial.


- Carl