• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

DUI Arrest .... BAC -> 0.07

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

dui_dude

Member
You had alcohol in your system and were driving down the wrong side of the road. That's all they care about. While you may be telling the truth about the GPS confusion, I would think that it would be unusual for them to consider that. IF you get out of this with a down plea you're very lucky.

The state DUI factory needs to be fed, and it finds citizens like you with good jobs (i.e have disposable income ;)) to be very tastey.
Actually it hurts more in my case cause
#1 I hardly drink.
#2 I am on a Student Visa, and was about to go to my home country in 3 weeks to get a new Work Visa. Now with the case not officially settled//closed its dangerous to leave the country.
#3 Even if the case is closed, I will have to inform them about this arrest and they will fingerprint me in the embassy and I heard it takes them weeks to verify/background checks. Its hard to get 4/5 weeks off from work.

This was the only chance I had 5 weeks off from work due to change in my status and I blew it. God have some mercy!!!
 


CdwJava

Senior Member
dui_dude said:
This should be enough ammunition for a defense attorney to fight my case ?? Any thoughts ?
You were driving the wrong way. Regardless of WHY, the cause for the stop was good. It is the officer's observations and the FSTs after the stop that will be the key to a DUI charge or conviction.

There are possible defenses based upon the officer's training and experience, conduct of the FSTs, etc., but you will need an attorney to challenge these in court. At the low end, you would be looking at about $2,500 through trial for an experienced DUI attorney.

Sure. Just want to clarify, is it illegal to contact the DA and like a bad thing as well ?
It is NOT illegal, just not a good idea. ANYTHING you tell him CAN be used against you. Most DA's will not talk to suspects without their attorney.

Sure. I hope they don't, cause I hardly ever drink. Just got unlucky, now a days I am just afraid to drive at all thinking the cop will pull me unnecessarily and see a hit on my DL and not treat me fairly.
First, he would not see this "hit" because it will not be on your license or anything else, for that matter. Unless your license status has been suspended, he won't know about the prior arrest unless they search the record system of the agency that arrested you or the county that booked you in to its jail.

Second, you won't get stopped unnecessarily - any detention must be based upon reasonable suspicion to believe you are committing a criminal violation (i.e. a traffic infraction), so if you are stopped it should be with cause.

- Carl
 

dui_dude

Member
You were driving the wrong way. Regardless of WHY, the cause for the stop was good. It is the officer's observations and the FSTs after the stop that will be the key to a DUI charge or conviction.

There are possible defenses based upon the officer's training and experience, conduct of the FSTs, etc., but you will need an attorney to challenge these in court. At the low end, you would be looking at about $2,500 through trial for an experienced DUI attorney.
Actually, I saw a car in front of me. [a distance of 10-15 cars away from me] with lights on and parked[It was in front of a club]. I then realized I was on the wrong way, and immediately stopped my car. Second I realized that it was a COP car. I got so frightened that, I stopped the engine and just came out of my car implying that I don't mean to drive or run away. Then one of the cops[in his 40's] came near and said me to get back into the car and reverse it ... kinda yelling. He seemed as if he would jump over me at the slightest doubt, so I was so frightened while reversing that I bumped slightly into a curb. I did NOT want to give them the impression that I will run away after getting my car reversed.

Anyways I was conducted FBT by a different officer. I was being very nice to him. [If that really matters in his report]. He said I am seemed pretty intelligent and asked to follow his orders. So, he asked me to
a)10 step and 9 step thing. I asked him if he meant 10 step fwd and 9 step backwards ? He was like why are you asking me, do you have problems understanding ? [I was only trying to confirm]
b) head back, and lift your left leg 7or8 inches and count 1001 1002 ..... till 17 i guess. I asked him if he meant straight vertical OR have my leg at a tilt and the tip of my foot 9 inches vertical at that position. I have an engineering background so I wanted to be precise.[Again I was trying to confirm]
c) He did a BAC test [I asked him, he didn't tell me the BAC reading]
d) At the station a different officer took my BAC in some machine and it was 0.07, this was the officer who drove me to County Jail. Infact, he was really nice/courteous to me and we were talking[about other things and even what will court do] on our way to the jail. He said don't worry, they may only file a Wet Reckless against you etc.

I know the COPS try to keep the city clean. BUT this experience really makes me so scared of them. The Arresting officer seemed so sad that I blew less than 0.08. Do the cops make some commission on Conviction ??? I wish/hope all cops are like the 3rd one. I have an entire life[early 20's] in front of me **************


Another Question
The arresting officer read something like ....
1) Do you Understand that you have the right to an attorney.
2) .....

I answered YES to all. There was this question which said

Do you want to discuss whatever happened tonight ? I said NO

I then asked them if this was the right answer. The other[3rd nice cop] said, you should answer yes.

any comments ?
 

CdwJava

Senior Member
dui_dude said:
Actually, I saw a car in front of me. [a distance of 10-15 cars away from me] with lights on and parked[It was in front of a club].
Still a good stop.

a)10 step and 9 step thing. I asked him if he meant 10 step fwd and 9 step backwards ? He was like why are you asking me, do you have problems understanding ? [I was only trying to confirm]
b) head back, and lift your left leg 7or8 inches and count 1001 1002 ..... till 17 i guess. I asked him if he meant straight vertical OR have my leg at a tilt and the tip of my foot 9 inches vertical at that position. I have an engineering background so I wanted to be precise.[Again I was trying to confirm]
These are part of the standardized FSTs. Comprehension is part of the test. Whether the instructions were inadequate will be a question for the court.

c) He did a BAC test [I asked him, he didn't tell me the BAC reading]
He didn't have to tell you. These PBTs in the field are considered part of the FST (Field Sobriety Test), and it might have read .08 or higher.

d) At the station a different officer took my BAC in some machine and it was 0.07, this was the officer who drove me to County Jail. Infact, he was really nice/courteous to me and we were talking[about other things and even what will court do] on our way to the jail. He said don't worry, they may only file a Wet Reckless against you etc.
Same thing I told you.

No reason to be rude to you unless you were obnoxious, so no surprise that he was polite.

I know the COPS try to keep the city clean. BUT this experience really makes me so scared of them.
They did not make you commit the infraction that got you stopped, and they did not make you have something to drink. How is it the officer's fault that you did not like being stopped and arrested for DUI?

The Arresting officer seemed so sad that I blew less than 0.08. Do the cops make some commission on Conviction ???
Of course they don't. He was probably expecting a higher result.

I wish/hope all cops are like the 3rd one. I have an entire life[early 20's] in front of me
He probably would have arrested you as well. I'm very nice, and I have a zero tolerance for DUI. The two (attitude and arresting for DUI) are not mutually exclusive.

Another Question
The arresting officer read something like ....
1) Do you Understand that you have the right to an attorney.
2) .....

I answered YES to all. There was this question which said

Do you want to discuss whatever happened tonight ? I said NO
These were your Miranda rights.

I then asked them if this was the right answer. The other[3rd nice cop] said, you should answer yes.
Only if you want to give your version of events to the officer. In this case, apparently your version will not be on the record.


- Carl
 

dui_dude

Member
They did not make you commit the infraction that got you stopped, and they did not make you have something to drink. How is it the officer's fault that you did not like being stopped and arrested for DUI?


Of course they don't. He was probably expecting a higher result.


He probably would have arrested you as well. I'm very nice, and I have a zero tolerance for DUI. The two (attitude and arresting for DUI) are not mutually exclusive.

Yes, I totally agree with you on the Zero tolerance policy. But, it seemed like that the arresting officer would have been very happy if i was charged with DUI. More like every effort/opportunity to have me prosecuted and penalized as much as possible.

No doubt, I AM NEVER EVER driving after even having a freaking sip of alcohol. It's Not worth it, even if you can defend yourself with reasonable doubt and get the charges dropped. I have been literally dreaming since the past two nights about myself in court and where not. My entire vacation has been ruined, as I cant leave the country.

These were your Miranda rights.

Only if you want to give your version of events to the officer. In this case, apparently your version will not be on the record.
So, it doesn't really matter.


CDW ---> Thanks, for replying to the posts. At least someone I can open up and tell my story. I haven't felt like telling this to anyone I know personally of. When you mention DUI Arrest, it just sounds like an obnoxoius alcoholic and a criminal[no doubt its a criminal offense] ..... and I am not the person who drinks like every weekend or even every month.
 

dui_dude

Member
What exactly is a dry reckless and on what grounds is a wet reckless dropped to a dryreckless ? Is dry reckless also a "criminal" crime ?
 

dui_dude

Member
Both are misdemeanors ... one is a reckless driving with alcohol in the system (CVC 23103.5) and the other is just reckless driving without alcohol or drugs (CVC 23103).
Also do the DA's also get the report saying that the suspect was booked and has already served 5 hrs in County Jail. I am hoping that this may make the DA's think that he already served a part of the punishment that a Judge might potentially give and decide its not worth charging him. Well of-course unless they decide to earn some money by fines etc.
 

dui_dude

Member
The DA should get ALL the info.

- Carl
#1. Called up DMV, they said as you were less than 0.08 it will be set aside. I told him i called up to request a hearing to be on the safe side. He then called me back saying that they recieved an official report and have set aside my report and will be mailing me a latter to show in court or sth.

#2. Called up DA's office. The lady as promised had put my case on top of the stack and had asked me to call her up today. I called and found that the DA's have filed charges and now its with the court. Now that the matter is in court, how helpful will a DUI defense lawyer be in my case and how soon should I shop for him ? My Court date from booking receipt was the End of Sept ? Can a defense lawyer still get the charges dropped for me ? Also how does a lawyer charge ? Is it based on my financial standing or is it just a flat rate irrespective of your income ?
 
Last edited:

CdwJava

Senior Member
Now that the matter is in court, how helpful will a DUI defense lawyer be in my case and how soon should I shop for him ?
I'd say shop for one now. But, I cannot possibly say hoe effective an unknown DUI defense attorney might be in keeping you out of jail or minimizing the impact of the charge. Only you can make that determination.

My Court date from booking receipt was the End of Sept ? Can a defense lawyer still get the charges dropped for me ? Also how does a lawyer charge ? Is it based on my financial standing or is it just a flat rate irrespective of your income ?
Anything can happen ... though don't expect it to just be "dropped" ... be happy if that happens, but don't expect it.

An attorney will likely cost you a MINIMUM of $1,500, but likely $2,500 - $5,000 for an experienced DUI attorney if it goes to trial.

- Carl
 

dui_dude

Member
I'd say shop for one now. But, I cannot possibly say hoe effective an unknown DUI defense attorney might be in keeping you out of jail or minimizing the impact of the charge. Only you can make that determination.
Would you have any suggestions regarding attorneys in the south-bay area ?
 
Originally Posted by CdwJava

They did not make you commit the infraction that got you stopped, and they did not make you have something to drink. How is it the officer's fault that you did not like being stopped and arrested for DUI?

Of course they don't. He was probably expecting a higher result.

He probably would have arrested you as well. I'm very nice, and I have a zero tolerance for DUI. The two (attitude and arresting for DUI) are not mutually exclusive.
Easy, Champ. The OP wasn't legally DRUNK as defined by the LAW. Remember what the law SAYS.... .08 DRUNK. STOP playing supercop - aka superman. You're nice....blah...blah. You have no tolerance for DUI....Get hardas$ on speeders like you do with DUI. You might save a few MORE lives. No awards. But who knows.

Buttom line, the OP wasn't LEGALLY drunk as defined BY LAW. That would be the same LAW you're suppose to march to. ;)
 

CdwJava

Senior Member
Easy, Champ. The OP wasn't legally DRUNK as defined by the LAW.
No, the OP's breath sample did not rise high enough to invoke the per se law. It will be up to a court to decide if there is sufficient evidence to support an allegation of being impaired or not.

I never claimed the OP was "drunk".

Remember what the law SAYS.... .08 DRUNK.
"Drunk" isn't anywhere in the relevant CVC sections - at least not in CA.

STOP playing supercop - aka superman. You're nice....blah...blah. You have no tolerance for DUI....Get hardas$ on speeders like you do with DUI. You might save a few MORE lives. No awards. But who knows.
I never claimed to be Superman OR Supercop. And I AM nice - just ask anyone around here - even the suspects. :D

Around here DUI accounts for far more serious injury collisions than any other cause ... I'll go for both when I can. thanks. Of course, SPEED is one of those things we often catch DUI drivers on, oddly enough. So, one can do both. :cool:

The two are not mutually exclusive. It's like saying we're not arresting murderers because we're giving people tickets ... puh-leease! :rolleyes:

Buttom line, the OP wasn't LEGALLY drunk as defined BY LAW. That would be the same LAW you're suppose to march to. ;)
Try actually reading it ... .08+ is the per se level for impairment, not being "drunk" ...

CVC 23152(b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.


Hmmm ... nothing about being drunk there - just with a BAC of .08 or greater.

And the other section - for which the OP has been charged ...

CVC 23152 (a) It is unlawful for any person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.


In THIS one, the state has to show by a preponderance of the evidence that the defendant was "under the influence", NOT "drunk."

- Carl
 
Last edited:

CdwJava

Senior Member
Would you have any suggestions regarding attorneys in the south-bay area ?
Criminal defense attorneys? No. I know a couple in the Bay Area, but I have no idea how good they are at DUI defense as none of them specialize in it. I trust them, but I wouldn't hire them for DUI.

I know a couple good civil attorneys and a great estate law attorney, though. :)

- Carl
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top