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First DUI!! HELP!

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ashelton1980

Junior Member
What is the name of your state? Alabama

I ran what I assumed to be a yellow light, but the officer coming my way saw red....so i was stopped. He smelled beer on me so he asked me how much I had to drink that evening. I had about 6 beers earlier, but hadnt had anything for a few hours prior to my stop. I had not eaten or drank anything since then.

He gave me the field sobriety, which I passed easily. He then gave me a PBT. After that I heard him say something to another officer, but didnt hear everything. He said "...., but Im gonna do it again. He smells like a brewery." I took this to mean that it wasnt enough to arrest me. After the second test, he placed me under arrest for DUI (didnt read me my rights, if thats applicable) and carted me away to jail...neither time was I told what the reading was. I took another test at the station, again, I had to do it twice and again I wasnt told what my reading was. He mumbled something, but didnt say anything when I asked him what he said. I bonded out and still have no idea what the BAC was on my test. The only paper I got when I left was an "Appearance Bond". I was told when he took my physical license that he would give me a temporary to use til my court date. I wasnt given anything.

I have no idea what to do now, as this is the first time I have EVER had any legal trouble outside of a few traffic tickets.

I guess my questions are:

what can i expect at court?
Do I need to get a lawyer?
Should I not have been informed of my BAC at the time of my arrest?
Was the arrest handled properly?
What should I plead?
Is there time in the pokey ahead for me?
And outside of these, what else should i know?

Thanks to all of you people knowledgeable in this that are willing to dedicate your time to help out others!!
 


BigMistakeFl

Senior Member
BigMistakeFl

It all sounds very much by the book. No Miranda rights have to be read. They don't have to tell you what your BAC was, etc.

Talk to a DUI defense attorney if you think you were not guilty and fight the charge. Consider all the evidence the prosecution might have against you and decide if you have a chance of prevailing.

You can probably expect minimum penalties for a first offense DUI:
Up to ONE YEAR IN JAIL
90 day license suspension
Up to a $2,100 fine
Court Costs
Mandatory completion of DUI school

Most first time offenders do not get jail time. It's available to the judge.
 

hdtiger

Junior Member
I hope the best for you!!

All I can say is get an attorney. These DUI laws are getting , and the police are getting,way out of hand to give out DUI's. DO NOT GET A PUBLIC DEFENDER!!!!!!!!!! If you can afford it , get someone who is good at these cases , I hope he/she can get your case dismissed. Ask attorney to ask prosecution for the software from the company that makes the breathalyzer.....I have heard that this will automatically get the case thrown out,because the company will not give out that info. I truly believe that these machines can be manipulated to show someone who is even STONE COLD SOBER has been drinking!!!!!! The general public needs to be made aware that "big brother" is not always on your side.
 

ashelton1980

Junior Member
Thanks

Just wanted to thank yall for the responses! I visited a lawyer today, and he said that the DUI's that he has been present at have yielded the lowest fine ($600) and no jail time. A mandantory 90 suspension of my driving priveleges is just par for the course and IS gonna happen. He said my only hope of completely getting out of this mess is if the officer didnt dot all I's and cross all the T's....so im kinda hoping. Hes going to get my police report to see what I blew on my field and station tests.....if its below .08 he said he's quite confident that the case will be dismissed and that the officer was just hard timing me to "teach me a lesson" as they can haul you in for any amount of alcohol. Another thing that I failed to mention to the lawyer is my occupation....I do hardwood flooring and deal with all the chemicals....I dont know how long they stay in the system but I deal with them on a daily basis...paint thinners, alcohol-based stain and sealers, laquer....I know of one case where they dismissed the case of a painter based on that...so again....im kinda hopin...lol.

anywho, I agree that drunk drivers should be punished...I made a foolish mistake and will NEVER do it again...
 

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