DUI alcohol. Ecstasy the night prior..

[kevsmith615]

What is the name of your state (only U.S. law)? CA

Hi,

I got a DUI yesterday.. I am 20 years old and in college. I got pulled over, didn't lie, and told the officer I had a few beers. I was nervous so I told him I'd rather get blood tested rather than breathalyzer. So at the station they drew my blood. The night prior I took ecstasy for the first time.. Will they pin me for the ecstasy that was in my system as well?What is the name of your state (only U.S. law)?

 

[CdwJava]

That depends. If the blood goes to a DOJ lab solely for alcohol testing on a DUI and comes back with a BAC of UNDER .08 it will almost certainly go out for further testing for controlled substances.

If the police did not suspect drugs then they may not catch it, and only the alcohol.

Should we enter into a discussion on the deadly nature of ecstasy? Hopefully you will stop using that poison.

 

[kevsmith615]

Thank you for telling how the testing process goes sir! I also have one more questionn. What exactly happened was, I left a house party and literally not even a minute later, I was pulled over, right after stopping at a stop sign and counting to three, I mean there was very little room for error and I was driving perfectly. And when the arresting officer first pulled me over, he right away asked me "how much did you have to drink?" rather than telling me at all through out the whole night why he pulled me over and continued with the sobriety test. I was trying to be compliant as possible because I really do respect officers, but the arresting officer was a little rude and fishy.. Is there any way of reducing the fine/punishment and or possibly getting out of it completely because of the arresting officer's unprofessionalism or due to an unreasonable stop? And I do understand the fact that I admitted to consuming alcohol. I really appreciate you taking time out of your life to help out others through this forum sergeant. Thank you.

 

[Zigner]

Thank you for telling how the testing process goes sir! I also have one more questionn. What exactly happened was, I left a house party and literally not even a minute later, I was pulled over, right after stopping at a stop sign and counting to three, I mean there was very little room for error and I was driving perfectly. And when the arresting officer first pulled me over, he right away asked me "how much did you have to drink?" rather than telling me at all through out the whole night why he pulled me over and continued with the sobriety test. I was trying to be compliant as possible because I really do respect officers, but the arresting officer was a little rude and fishy.. Is there any way of reducing the fine/punishment and or possibly getting out of it completely because of the arresting officer's unprofessionalism or due to an unreasonable stop? And I do understand the fact that I admitted to consuming alcohol. I really appreciate you taking time out of your life to help out others through this forum sergeant. Thank you.

Wait, you didn't like how the officer treated you when you were caught drinking and driving, so you should be punished less?

I understand you're only 20...but even to you, that position must seem ridiculous.

 

[kevsmith615]

"Is there any way of reducing the fine/punishment and or possibly getting out of it completely because of the arresting officer's unprofessionalism or due to an unreasonable stop?"

I think you read my question wrong. When an officer pulls you over aren't there specific scripts and procedures he has to go through like telling me why I've been pulled over?

"the arresting officer was a little rude and fishy.." - that was how I felt about the officer.

 

[Antigone*]

"Is there any way of reducing the fine/punishment and or possibly getting out of it completely because of the arresting officer's unprofessionalism or due to an unreasonable stop?"
I think you read my question wrong. When an officer pulls you over aren't there specific scripts and procedures he has to go through like telling me why I've been pulled over?

"the arresting officer was a little rude and fishy.." - that was how I felt about the officer.

You were clearly breaking the law in more ways than one and you think you should be absolved of all accountability because the arresting officer was rude.

It must be the drugs... it has to be the drugs

 

[kevsmith615]

LOL! I thought this was a freeADVICE forum.. not a freeJUDGE one. I appreciate the help and support.

 

[Antigone*]

LOL! I thought this was a freeADVICE forum.. not a freeJUDGE one. I appreciate the help and support.

Ok so the direct answer to that very studpid question is NO..

Considering my other comments extra freebies

 

[Zigner]

LOL! I thought this was a freeADVICE forum.. not a freeJUDGE one. I appreciate the help and support.

I didn't JUDGE you - I didn't have to. You ADMITTED to your drug and alcohol use.

 

[xylene]

Night prior?

Exactly how many hours before your blood draw did you drop X?

The bottom line is this is a DUI arrest and you need a lawyer.

 

[kevsmith615]

30 hours. I can't afford a lawyer, so I'd like to have as much information and advantage with the public defender. And thank you xylene for not adding frivolous time wasting comments.

 

[CdwJava]

And when the arresting officer first pulled me over, he right away asked me "how much did you have to drink?" rather than telling me at all through out the whole night why he pulled me over and continued with the sobriety test.

The officer does not have to tell you why he pulled you over. The reasonable suspicion for the stop should be contained in the police report and, later, in his testimony at trial (assuming the matter goes to trial and does not plead out). Most DUIs plead out to a lesser offense of wet reckless per CVC 23103.5, or, in your case it might go for underage drinking per CVC 23140 if the BAC comes back at more than .05 but lower than, say, .10.

Is there any way of reducing the fine/punishment and or possibly getting out of it completely because of the arresting officer's unprofessionalism or due to an unreasonable stop?

Attitude, no. If the stop was unlawful and not based upon any articulable reasonable suspicion, your attorney can move to have the entire contact suppressed. I doubt that will be the case, though. But, you won't know until at least the report gets into the hands of your attorney.

It is extremely rare that an officer is so poorly trained that he might think that pulling away from a party where people are drinking is sufficient to justify a detention. But, I have seen similar arguments occasionally so it might be the case ... I wouldn't count on that, though.

 

[kevsmith615]

Thank you sergeant. You have been very helpful and unbiased. I am definitely learning my lesson about drugs and alcohol.

 

[Anonymous7]

I left a house party and literally not even a minute later, I was pulled over, right after stopping at a stop sign and counting to three, I mean there was very little room for error and I was driving perfectly. .

That's the thing about driving drunk.... You think you are driving perfectly when you are actually swerving all over.... You make more mistakes than you know..... I know someone that was driving drunk and he thought he was driving perfectly...little did he know there was a cop behind him with a video cam... He did the field sobriety and also thought he did good...until his lawyer showed him the tape...It literally put him in tears because what he thought was"driving perfectly" was him actually crossing over into the other lane swerving all over the road.... Even his sobriety test shocked him.... so trust me... There is no such thing as driving perfectly while intoxicated...

 

[musicman654321]

That's the thing about driving drunk.... You think you are driving perfectly when you are actually swerving all over.... You make more mistakes than you know..... I know someone that was driving drunk and he thought he was driving perfectly...little did he know there was a cop behind him with a video cam... He did the field sobriety and also thought he did good...until his lawyer showed him the tape...It literally put him in tears because what he thought was"driving perfectly" was him actually crossing over into the other lane swerving all over the road.... Even his sobriety test shocked him.... so trust me... There is no such thing as driving perfectly while intoxicated...

When I was drinkng and driving I always drove perfectly through people's yards ..