DUI in CA but blood test came back under legal limit!

[rissaface]

What is the name of your state? CA
i got my dui on a friday/saturday jan, 5/6
i took the blood test after being arrested and taken to jail. i spent the night in jail and on the 12th i got my test results back. i was under the .08 but i'm not sure as to what can happen. am i in the clear? i am only 21 and i've never been in any trouble before. that was actually my first time ever even being pulled over. i was pulled over after pulling off of main street in Huntington beach and the motorcycle cop that pulled me over was a dui unit. when i asked why i was pulled over he said one of my front headlights was out and because i have modified exhaust and because i don't have a front license plate. so basically coming from where i was coming i was a bulls eye. i suppose i didn't do great on the Field sobriety test cause i was arrested and stayed over night in jail but I believe that if I was under the .08 I was legal. I am going to pick up the arrest report tonight and see the other side of the story. Can I still be convicted? What are all the possibilities as to what can happen to me at this point??? My court date isn’t until march 1st. I don’t know if I can wait that long to find out what will happen to me. i am not joke traumatized and i can barely drive when i see cops now (my leg shakes so bad i can't even keep it on the clutch)
this is seriously the worst thing ever.... and it was my first time even driving with any alcohol in my system at all. it figures i'd get caught.

 

[panther10758]

The officer did not observe any poor driving? If not then yes you have a chance however your FST will work againist you! Did you tell teh Officer you had been drinking? Keep in mind where drunk driving may be out there is still wreckless or impaired! Find an Attorney who works with DUI cases and present "your" facts to him for an opinion.

 

[BigMistakeFl]

BigMistakeFl

The lesson for everyone is not to drive after consuming any alcohol. Why? Because you may find out that they can successfully prosecute you even if your level is below the so-called "legal limit". What's worse is, at your age you probably can't afford a lawyer. Still, I'd try to find a way to hire one that defends DUI arrests. I know you won't do it again.

 

[CdwJava]

i was under the .08 but i'm not sure as to what can happen. am i in the clear?

You can still be guilty of DUI under .08. The legal presumption is neutral when between .05 and .08, so the state will have to show that you were impaired as evidenced by your driving or your performance on the FSTs.

so basically coming from where i was coming i was a bulls eye.

Oh yeah ... no front plate, no headlight, and modified car? Probably a little tricked out foreign job as well. Those stand out to the cops.

i suppose i didn't do great on the Field sobriety test cause i was arrested and stayed over night in jail but I believe that if I was under the .08 I was legal.

You believed wrong.

If you did not do so well on the FSTs, what on Earth makes you think that you coul dbe safe behind the wheel of a motor vehicle?

I am going to pick up the arrest report tonight and see the other side of the story.

The police do not have to give you the report. They will give it to your attorney, but generally they are not going to give it to you.

Can I still be convicted?

Yes. But, as I said, you have to be shown to be impaired.

Best bet would be to consult an attorney that specializes in DUIs. A deal might be able to be worked out. Or, if the case is weak, it might get dropped ... maybe just the equipment tickets.

- Carl

 

[seniorjudge]

...Oh yeah ... no front plate, no headlight, and modified car? Probably a little tricked out foreign job as well. Those stand out to the cops....

It astounds me to see kids driving these cars, acting like idiots.

They may as well have a flashing sign on the top of the car:



ARREST ME!

 

[rissaface]

i got my report yesterday

a lot of the info on the arrest report was crap. just little details as far as what i had eaten that day and how many hours i slept. i clearly remember the info i told the cop and he just made up random ass crap to put on the report.

the report also contradicts itself. they have to fill out a sheet on the field sobriety test and write yes and no to specific questions. when i did the walk and turn test he filled in the blank that "no" on step off the line, then wrote a note under 'cannot keep balance' and put "she stepped off the line."

it says that i was swaying back and forth and side to side and in circular motions 1"-2"
i was freezing so bad that i was shivering like crazy. it was after midnight and we were next to the ocean, it was super cold out.

one of the questions on the report says "do you feel the affects of the drinks" and they quoted me saying "a little" i never said that nor did they even ask me.

a bunch of stuff on this report is super lame and makes me more mad cause i know for sure that some of the info is incorrect... i don't know exactly how i did on the field test, but i for sure don’t trust anything they wrote.

i am not going to be able to afford a lawyer, i am super poor. but i’m going to try to get an appointment with one (someone told me i could pay around $100 to talk to one) and sit down and ask questions. i suppose i’m going to try to get a public defender if possible.

 

[panther10758]

Many good DUI Attorneys will meet with you for a "free" intial consultation! Take them up on it. Get yourself educated and take that education to your PD if you qualify. Your defense (your arguements) may be true but cannot be proved you need more than "No I didnt" as a defense.

 

[CdwJava]

a lot of the info on the arrest report was crap. just little details as far as what i had eaten that day and how many hours i slept. i clearly remember the info i told the cop and he just made up random ass crap to put on the report.

Your recollection and the officer's will obviously differ. Heck, I don't recall what I told my wife last night, I doubt you can honestly say what small snippets you might have said during a 20 minute or so encounter.

These details are part of the DUI supplemental report that is standardized in most o the state.

the report also contradicts itself. they have to fill out a sheet on the field sobriety test and write yes and no to specific questions. when i did the walk and turn test he filled in the blank that "no" on step off the line, then wrote a note under 'cannot keep balance' and put "she stepped off the line."

Certainly something the defense attorney can raise on cross examination if the officer alleges you did step off the line.

Note that this supplemental is generally used as a form of organized notes for the officer's report, and not necessarily an exact chronology of events.

Two officers may not fill out the form the exact same way. So long as the way the officer completes it is consistent and relevant in helping refresh their memory as to the details, then it has fulfilled its function.

it says that i was swaying back and forth and side to side and in circular motions 1"-2"

That was probably during the romberg test (stand with hands at your side and estimate 30 seconds). A sway of 2" or more is a clue ... less than 2" is not usually indicative - by itself - of impairment.

one of the questions on the report says "do you feel the affects of the drinks" and they quoted me saying "a little" i never said that nor did they even ask me.

So, at NOT time the officer asked you if you feel a little buzzed, or tipsy from the alcohol? Its hard to believe that the question was never asked at all during the encounter, but, if you say so.

i am not going to be able to afford a lawyer, i am super poor. but i’m going to try to get an appointment with one (someone told me i could pay around $100 to talk to one) and sit down and ask questions. i suppose i’m going to try to get a public defender if possible.

Well, go with a consultation and then go for the public defender. A good DUI attorney will cost a pretty penny and even then it is not a slam dunk. A public defender can probably get a plea to a lesser charge. On the other hand, the DA may decide that the case is weak and offer a deal or drop the matter altogether. Only the attorney can effectively evaluate the strength or weakness of the state's case.

- Carl

 

[rissaface]

Or, if the case is weak, it might get dropped ... maybe just the equipment tickets.

- Carl

i never got cited for the things wrong with my car. it tells about it in the report... can they go back and give me tickets for those things. i've already fixed the headlight. in the report it also says that i did a rolling stop up to a stop sign, does that up my chances in getting a wet & reckless?

 

[BigMistakeFl]

BigMistakeFl

As you can now see, they started working on the prosecution case against you starting the moment just before they pulled you over. You have a case worth defending, but they have some good evidence against you as well.

Another lesson to young people (my 20 y/o son included!) if you trick out your car so that it attracts the attention of your peers, you will also constantly attract the attention of the cops. The idea is to BLEND, unless you like being pulled over.