DUI but i wasn't even close to being drunk

[Meg Aroni]

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

I was recently pulled over for speeding. I was passing a truck with a trailer and right as was in next to him the A-hole sped up so I in turn sped up. I was clocked at 20 miles over and the truck and trailer was clocked at 12 over. A cop watched the whole thing and pulled me over. He issued me a warning handed my documents back to me and told me i was free to go, almost immediately after that he came closer to the car and told be i smelled like beer i assured him I was not under the influence but he insisted he smelled beer. I told him that was probably because i had a mug of beer over 2.5 hours earlier i took the road side tests and was eventually issued a breathalyser he turned it around so that i could see it. .017 I said "ok so I can go now?" He said no i was over double the legal limit. So he drove to the station I took a Breathalyzer there and blew 0.00. Then he told be he thought that I did it wrong and broke his machine. So he called in a phlebotomist to take a blood sample. I am still waiting for the result and am confident they will come back clean. I just dont know if I should be getting a lawyer or waiting it out. I also was thinking about filing a civil suite against the officer for his mistake to have all fees that i have paid compensated. What should I do? And can he charge me for my speeding ticket even though he previously let me go with a warning?What is the name of your state (only U.S. law)?

 

[proud_parent]

I also was thinking about filing a civil suite against the officer for his mistake to have all fees that i have paid compensated. What should I do?

A civil suit for what? False arrest?
That's a non-starter. You blew a .017 in the field. He had probable cause to bring you in and the legal authority to obtain blood evidence.

And can he charge me for my speeding ticket even though he previously let me go with a warning?

Yes, he can.

 

[Ozark_Sophist]

A civil suit for what? False arrest?
That's a non-starter. You blew a .017 in the field. He had probable cause to bring you in and the legal authority to obtain blood evidence.


Yes, he can.

I thought intoxication was 0.08

OP tested 0.063 less then that.

 

[swalsh411]

Either OP is confused about his decimal points or the cop was. .08 is per se intoxicated. .017 is barely anything.

edit: If OP blew .17 roadside that is double the limit, but it is highly unlikely that was his true BAC if he had one beer 2 hours ago.

 

[Just Blue]

Were you under 21 when this happened?

 

[proud_parent]

Were you under 21 when this happened?

I was under the impression when I responded that OP was under 21, although rereading the post, I don't know where I got that idea.

 

[Just Blue]

I was under the impression when I responded that OP was under 21, although rereading the post, I don't know where I got that idea.

The OP may be 21 or over...But as s/he didn't specify, and the hard line of the police...I just thought OP might be underaged.

 

[CdwJava]

he turned it around so that i could see it. .017 I said "ok so I can go now?" He said no i was over double the legal limit.

So, YOU believe it said .017 and the officer believed it said 0.17. Interesting. One of you was waaaay off.

Did you REALLY only have one 12 oz. beer 2 1/2 hours earlier? If so, then you should not have even registered .017.

So he drove to the station I took a Breathalyzer there and blew 0.00. Then he told be he thought that I did it wrong and broke his machine.

People do try to manipulate the machine by not sealing their lips, blowing sideways, etc.

So he called in a phlebotomist to take a blood sample. I am still waiting for the result and am confident they will come back clean.

That's good for you ... if so.

Are you under 21 years of age? That might explain a few things.

I just dont know if I should be getting a lawyer or waiting it out.

Consulting an attorney is a great idea.

I also was thinking about filing a civil suite against the officer for his mistake to have all fees that i have paid compensated. What should I do?

You can ask the attorney whether there are any grounds for a civil suit ... assuming, of course, you are correct.

However, the officer can believe you are too impaired to drive even with a low BAC. He might assume you were under the influence of medication or drugs. You may have no lawsuit here at all.

Now, if the officer truly read the .017 thing as .17 then you might have a decent claim for a little compensation.

And can he charge me for my speeding ticket even though he previously let me go with a warning?

The prosecutor certainly can.