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My situation. Your input.

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LegalBurger

Junior Member
Arizona (California, Florida) ...

Just wanted to tell what happened to me and get your input. This is a first for me, and I am extremely ashamed / embarassed this happened. I'd like your input on what to expect and any tips or input you can give me as to how I can improve the outcome for me.

First off I am a California resident, but have been living in Florida for the last 6 months, and was visiting Arizona when this event occurred. So this happened in Arizona, with a CA drivers license, 3 days before I am about to make a perm move to Florida.

I went out to a club with friends at about 10:00pm and had some drinks. When we drink we also sometimes take a very micro dose of Adderall (extended release). This is not to get "high", but moreso to combat the extreme tiredness associated with drinking. Its only 5mg (a child is typically prescribed up to 30mg daily, for reference). Adderall enables you to remain alert, and reduces physical effects of drunkenness.

I had about 5 drinks, fairly quickly because it takes me a *LONG* time to get a buzz from alcohol. Nearly an hour or two. It can take nearly 6 to 10 shots of vodka before I will start to feel a buzz. I have always been this way.

After 3 Hennesey Cranberry's and 2 shots of Greygoose (over a period of 3.5 hours) we decided to head to another club at 1:30am and I drove. I did this because of an adult, personal judgment call that I was not too intoxicated to drive. I know me better than anyone else, and I make judgment calls on a regular basis, as we all do. I trust my judgment and I would never put others at risk of harm. Im aware of the cliche' response that alcohol impairs judgment ... but each person is different.

One very bad judgment call on my part was to find some ecstasy that I had in the car and take a nibble of the tablet. A typical ecstasy dose is about 80-100mg and requires about 1 hour to take effect. I took the equivilent of about 20mg.

Five minutes later, the following occurred:

Being in a city I was not familiar with, I was trying to locate 75th Avenue, and was not sure when it would be coming up. Then suddenly it appeared as I was already crossing the intersection. With nobody else on the road, I did what I would have done even if completely sober: I applied my brakes and chose to turn down the street, a little past the dividing line. I even took the time to signal. I then quickly and easily corrected my course into the proper side of the road and continued. None of this was a result of drunkenness or motor skill issues. I would have done the same even if completely sober.

2 cop cars appear behind me flashing their lights.

I was informed that I had "swerved" across a road into an oncoming lane, and was driving as if I were drunk. I am extremely polite with authority so I did not dispute or try to argue. He asked if I had been drinking. The two shots were nearly 4 hours ago so I told him yes - I had three coctails. Those were fairly recent - just before we left.

He asked if I had done any drugs and I told him no. He checked my pupils and they were fine, as Adderall does not cause pupil dilation, and it had only been 5 minutes since I nibbled the "E". He asked me to follow his pen with my eyes from left to right slowly, and I did completely fine with it. He also conducted a couple other motor skill tests and I passed them without issue. I was feeling "warm" and fuzzy but I absolutely was not having any issues with speech or movement at all.

He gave me the breathalyzer. This is where I get really concerned. I could have sworn he told me that my results came back as 1.1 ... and despite friends telling me there's no way, it was probably 0.11 ... I am almost 100% certain he said 1.1 .... And this is where I am really scared. Without adderall in your system, 1.1 would have you laid out on the floor. But with Adderall masking the effects of intoxication, I felt completely fine with a severely bad blood alcohol content. I am really really worried that the blood test they took next, is going to reflect a dangerously high alcohol level. Im not sure how I could explain this to a judge or a jury. Partially because it wasn't my prescription for Adderall, and im not sure how educated (believable) these people are on how well adderall reduces intoxication.

He told me I was under arrest. Handcuffed me and we sat in his car for about a half hour as he filled out paperwork. After about 45 minutes he took me to the hospital to have a blood test done. By this time I was definitely starting to feel more intoxicated. The goal was to get to the second club before the effects hit. So now they were hitting, but I remained completely coherent and normal.

After the blood test was done, they took $1,000 from my credit card, and put me in a holding cell with 5 other guys. All of which were beligerantly drunk, slurring, etc. I must have seemed out of place there ...

They towed my car, took mug shots, and after about an hour, sent me home in a taxi. Cab driver looked at me and said "Why are you even here? You dont seem drunk at all?" I said "Im not really ... but the breathalyzer was high". He said "Scottsdale police ... idiots ... they just wanted the $1,000, thats all this is .. they do this all the time" (True story as per numerous other friends). He was way more upset that I had been arrested than I was. I guess he see's it a lot.

Anyways ... suggestions?

I am moving to Florida in 4 days. The police officer said "You should just call the court and tell them you have hardship and you wont need to come to your court date since you're in Florida". I spoke to a DUI attorney in AZ and they said that involves admitting guilt, as part of the plea ... so I shouldn't do it.

I figure I should get my FL drivers license immediately, before the court date and any charges are filed.

Do you think there is any way I can reduce this charge? I have a perfect driving record for my whole life (I am 36 years old). I have no criminal history of any kind. Im super embarassed by this, and I am very worried that my entire future will be affected. I keep hearing my insurance is going to skyrocket, i might get disconinued by the insurance company, my credit rating is going to be harmed, its going to stay there for my entire life, I wont be able to rent apartments when they do a background check, im going to be humiliated for my entire life because of something I consider to be extremely minor. I realize your opinion may differ on the severity of what I did. But as an adult I am capable of making decisions for myself, and the reason I got pulled over was not because of any "drunk" driving or public safety risk.

Should I even bother contacting an attorney and paying them their minimum $2500 fee? I dont suppose there is any way I could avoid being charged with a DUI, in a situation like this ... ?

Any thoughts, comments, and suggestions are appreciated. Related to improving the outcome for me. Appreciate no moral judgments.

Thanks everyone.
 
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LillianX

Senior Member
Whether you blew a 1.1 or a .11, you were driving while intoxicated, and your charge is not getting dropped.

The adderall is not going to work as a defense.

You need an attorney, and given your admitted propensity to drive while intoxicated and on drugs, you should seriously consider substance abuse counseling.
 

cyjeff

Senior Member
Dear God.....

You need an attorney. NOW.

You also need help for your various addictions. Apparently, casual drug use and excessive alcohol use is so much a part of your life that you don't realize how horrific a story you tell.

Your BAC could not have been 1.1. That would mean that the percentage of blood alcohol in your blood represented 110% of your blood volume.

So, what do you think the chances are that all these drugs you "nibble" so casually will come out in that blood test? I am guessing this wasn't the first day you used, so how much was already in your blood?

Did they find the other drugs in the car?

By the way, I can assure you that just because you have hardened your body to long term alcohol use that others can still tell when you have had 5 shots in an hour.

Plan on finding yourself the recipient of a healthy fine, possible jail time, mandatory substance abuse counseling and a real crimp in your moving plans.

And yes, you will have to return to Arizona for your trial.
 

cyjeff

Senior Member
One other point....

Make sure you tell the nice judge how "minor" you think your routine drunk driving is.

You risked everyone on the road. I know you don't think you were... but two cops don't light up on someone for doing something legal. You apparently had such a lack of judgment that you SCREAMED "pull me over and have me walk the line".

I would also stop taking legal advice from the cab drivers that pick you up from the drunk tank.





Nah, no one is this cavalier. This is a troll.
 

ERAUPIKE

Senior Member
I went out to a club with friends at about 10:00pm and had some drinks. When we drink we also sometimes take a very micro dose of Adderall (extended release). This is not to get "high", but moreso to combat the extreme tiredness associated with drinking.
The extreme tiredness, AKA getting drunk.

Its only 5mg (a child is typically prescribed up to 30mg daily, for reference). Adderall enables you to remain alert, and reduces physical effects of drunkenness.
Are you a doctor? How do you know what dosage is appropriate for a child?

I had about 5 drinks, fairly quickly because it takes me a *LONG* time to get a buzz from alcohol.
You had about 5 drinks? How many drinks did you have exactly? It sounds like you may be bending the truth a little here.

Nearly an hour or two. It can take nearly 6 to 10 shots of vodka before I will start to feel a buzz. I have always been this way.
6 to 10 shots give you a buzz? How much do you weigh?

After 3 Hennesey Cranberry's and 2 shots of Greygoose (over a period of 3.5 hours) we decided to head to another club at 1:30am and I drove.
Actually, you said you had 5 drinks fairly quickly. Which is it? 5 drinks quickly or over a span of 3.5 hours?

I did this because of an adult, personal judgment call that I was not too intoxicated to drive.
You were apparently wrong.

I know me better than anyone else, and I make judgment calls on a regular basis, as we all do.
That doesn't mean you aren't capable of making a bad call.

I trust my judgment and I would never put others at risk of harm.
Purposely, that is admirable.

Im aware of the cliche' response that alcohol impairs judgment ... but each person is different.
I think the physical effects of alcohol are pretty universal. Is your argument really going to be that you are not subject to the involuntary chemical effects of alcohol? Why do you even drink then?

One very bad judgment call on my part was to find some ecstasy that I had in the car and take a nibble of the tablet.
Yes, taking illegal narcotics is always a bad decision, like driving drunk. So your judgement was not impared so much that you could not drive, but it was impared enough that you couldn't resist taking more controlled substances. Got it.



A typical ecstasy dose is about 80-100mg and requires about 1 hour to take effect. I took the equivilent of about 20mg.
You are incorrect. The typical dose of ecstacy is actually from 100-125mg, So you ingested more than you thought.

Five minutes later, the following occurred:

Being in a city I was not familiar with, I was trying to locate 75th Avenue, and was not sure when it would be coming up. Then suddenly it appeared as I was already crossing the intersection.
You were disoriented, streets don't just suddenly appear.

With nobody else on the road, I did what I would have done even if completely sober: I applied my brakes and chose to turn down the street, a little past the dividing line.
So you admit you were intoxicated, that's a start. You turned your car into the oncoming traffic lane, you endagered everyone on the road.

I even took the time to signal.
That doesn't make it okay to drive on the wrong side of the road.

I then quickly and easily corrected my course into the proper side of the road and continued.
Good, you didn't kill anyone.

None of this was a result of drunkenness or motor skill issues. I would have done the same even if completely sober.
But you weren't, by your own admission, so that isn't a valid argument.

2 cop cars appear behind me flashing their lights.
I thought there wasn't anyone else on the road.

I was informed that I had "swerved" across a road into an oncoming lane, and was driving as if I were drunk.
You admitted to doing that and drinking, everything looks spot on so far.

I am extremely polite with authority so I did not dispute or try to argue.
That's nice of you, but it doesn't change a thing.


He asked if I had been drinking. The two shots were nearly 4 hours ago so I told him yes - I had three coctails.
You had five, he didn't ask you to tell him about the drinks you had recently.

Those were fairly recent - just before we left.
But you said,"I had 5 drinks fairly quickly." Again, which is it?

He asked if I had done any drugs and I told him no.
That was a lie.

He checked my pupils and they were fine, as Adderall does not cause pupil dilation, and it had only been 5 minutes since I nibbled the "E".
Physical effects of dextroamphetamine (Adderall) can include hyperactivity, dilated pupils************** Where are you getting this information from?

He asked me to follow his pen with my eyes from left to right slowly, and I did completely fine with it.
That test checks for an involuntary muscle reaction in the eye that only occurs when someone ingests alcohol.

He also conducted a couple other motor skill tests and I passed them without issue.
That is what most people say.

I was feeling "warm" and fuzzy but I absolutely was not having any issues with speech or movement at all.
That warm fuzzy feeling is known as intoxication.

He gave me the breathalyzer. This is where I get really concerned. I could have sworn he told me that my results came back as 1.1 ... and despite friends telling me there's no way, it was probably 0.11 ... I am almost 100% certain he said 1.1
If you had passed the other tests with no issue, you wouldn't have had a breathalyzer test. There is no way you could have had a 1.1.

.... And this is where I am really scared. Without adderall in your system, 1.1 would have you laid out on the floor.
Yes, you would be laid on the floor dead. It is impossible.

But with Adderall masking the effects of intoxication, I felt completely fine with a severely bad blood alcohol content.
You were legally intoxicated.

I am really really worried that the blood test they took next, is going to reflect a dangerously high alcohol level.
You should be more worried about the anphetamines and extacsy that will be found in yor system as well.

Im not sure how I could explain this to a judge or a jury. Partially because it wasn't my prescription for Adderall, and im not sure how educated (believable) these people are on how well adderall reduces intoxication.
That is because it doesn't. You can't claim that you were not under the influence of alcohol because you were under the influence of another drug. I wouldn't recommend coping to a felony to beat a misdemeanor.

He told me I was under arrest. Handcuffed me and we sat in his car for about a half hour as he filled out paperwork.
That's the procedure.
 

ERAUPIKE

Senior Member
After about 45 minutes he took me to the hospital to have a blood test done. By this time I was definitely starting to feel more intoxicated.
The narcotics were probably kicking in at that point.

The goal was to get to the second club before the effects hit. So now they were hitting, but I remained completely coherent and normal.
Or so you thought, people under the influence are generally a poor judge of their own actions.

After the blood test was done, they took $1,000 from my credit card, and put me in a holding cell with 5 other guys. All of which were beligerantly drunk, slurring, etc. I must have seemed out of place there ...
Nope, you were in the right place.

They towed my car, took mug shots, and after about an hour, sent me home in a taxi. Cab driver looked at me and said "Why are you even here? You dont seem drunk at all?"

I said "Im not really ... but the breathalyzer was high". He said "Scottsdale police ... idiots ... they just wanted the $1,000, thats all this is .. they do this all the time" (True story as per numerous other friends). He was way more upset that I had been arrested than I was. I guess he see's it a lot.
I bet you thnk strippers really care about you too. Imagine that, the guy working for a tip taking your side, I can't imagine he would have any alterior motives.

Anyways ... suggestions?
Go to rehab. Hire a lawyer

I am moving to Florida in 4 days. The police officer said "You should just call the court and tell them you have hardship and you wont need to come to your court date since you're in Florida". I spoke to a DUI attorney in AZ and they said that involves admitting guilt, as part of the plea ... so I shouldn't do it.
Don't take legal advice from law enforcement, they don't have your best interest in mind.

I figure I should get my FL drivers license immediately, before the court date and any charges are filed.
No, your DL is suspended everywhere. Getting a FL DL with a pending DUI charge is a crime.

Do you think there is any way I can reduce this charge?
Why? You could hire a lawyer and see what he can do.

I have a perfect driving record for my whole life (I am 36 years old).
You don't now.

I have no criminal history of any kind. Im super embarassed by this, and I am very worried that my entire future will be affected.
It will be

I keep hearing my insurance is going to skyrocket,
It will

i might get disconinued by the insurance company,
It happens all the time

my credit rating is going to be harmed,
Credit rating has nothing to do with DUI convictions. Maybe from all the debt you will incur from fines and hiring an attorney.

its going to stay there for my entire life,
It will

I wont be able to rent apartments when they do a background check,
Probably not true.

im going to be humiliated for my entire life because of something I consider to be extremely minor.
Are you realizing now it isn't so minor?

I realize your opinion may differ on the severity of what I did.
Hopefully, this experience will put you back on the same level as the rest of society.

But as an adult I am capable of making decisions for myself, and the reason I got pulled over was not because of any "drunk" driving or public safety risk.
Those decisions landed you in this prediciment. You were driving drunk. You don't consider driving against traffic a public safety hazard?

Should I even bother contacting an attorney and paying them their minimum $2500 fee? I dont suppose there is any way I could avoid being charged with a DUI, in a situation like this ... ?
I don't think there is anyway you can avoid being convicted of a DUI in this situation. The best you can hope for is a lawyer that can get you into rehab, you obviously need it.

Any thoughts, comments, and suggestions are appreciated. Related to improving the outcome for me. Appreciate no moral judgments.

Thanks everyone.
You're welcome.
 

ERAUPIKE

Senior Member
One other point....

Make sure you tell the nice judge how "minor" you think your routine drunk driving is.

You risked everyone on the road. I know you don't think you were... but two cops don't light up on someone for doing something legal. You apparently had such a lack of judgment that you SCREAMED "pull me over and have me walk the line".

I would also stop taking legal advice from the cab drivers that pick you up from the drunk tank.





Nah, no one is this cavalier. This is a troll.
I have to agree, no 36 year old can be this dumb.
 

cyjeff

Senior Member
I have to add...

Considering the long term ramifications... do you still think you made the right decision when you did 5 shots, dropped speed, nibbled on some X and then drove down the wrong side of the road in front of not one but two police officers?

You know... that adult and informed decision you made that speed can keep you sober.
 

LegalBurger

Junior Member
Did any of you read the last sentence of my first post?

I asked for legal input. I said LEAVE OUT THE MORAL JUDGMENTS.

I did not come here to hear a bunch of popmous asses insult me, talk down to me, or give me their ignorant opinions of me.

I am going to ignore all of your useless drivel and respond to those who actually tried to assist.

Unfortunately I can find almost no legal advice in any of the posts above.

You who are without sin, cast the first stone.

The rest of you, shut your mouths. Thanks.

If any of you want to rewrite your responses below with some actual legal information / advice then I will actually read them. Until then I am not interested in hearing your moral judgments or crap insults.

Seriously. The only trolls here are you.

This is a legal advice forum.

If I wanted to hear a bunch of insults and personal opinions, I would have gone to a church web site.
 
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cyjeff

Senior Member
I love all the pompous asses who decided to chime in with zero help and nothing but judgmental comments.
Thanks. It always makes us happy to know we are appreciated.

I am going to ignore all of your useless drivel and respond to those who actually tried to assist.
Your choice.

You who are without sin, cast the first stone. The rest of you, shut your mouths. Thanks.
Bite me.

I have never... not once... decided to endanger the populace by taking speed, 6 drinks and then takin' a nibble from an X tab and driving. If that is your standard for "sin", you are going to be really lonely up on that pedestal.

If any of you want to rewrite your responses below with some actual legal information / advice then I will actually read them. Until then I am not interested in hearing your moral judgments or crap insults. Seriously. Is this a legal forum or a Bible study full of ignorant, judgmental dicks?
I answered your questions in the first post... other than that....

The drunk driver facing upwards of a year in jail is all mad at me. Whatever will I do?

If you think WE are judgmental, wait til you hit court, Sparky. You are really not going to like it there... especially after your blood comes back.

You endangered everyone on the road that night as evidenced by the simple fact you drove the wrong way down the road in front of not one but TWO police cruisers... two cruisers that you didn't even think were there.

If you are looking for a pity party or for someone to say that your actions were really a small thing, you certainly came to the wrong place.

Of course, I don't know where the right place would be to find someone like that... maybe the drunk tank. You really should have talked more to the people there.... they would most certainly have had your back.
 
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cyjeff

Senior Member
Did any of you read the last sentence of my first post?

I asked for legal input. I said LEAVE OUT THE MORAL JUDGMENTS.
You ain't the boss of me.

I did not come here to hear a bunch of popmous asses insult me, talk down to me, or give me their ignorant opinions of me.
Consider it a bonus, burnout.

Seriously. The only trolls here are you.

This is a legal advice forum.

If I wanted to hear a bunch of insults and personal opinions, I would have gone to a church web site.
Ya know, you keep changing your posts and it makes it harder to respond.

did ya drop a little something something to help you get through the post?
 

Zigner

Senior Member, Non-Attorney
When originally reading this, I assumed that the OP was, somewhere from 21-23. Amazing that a 36 year old thinks like this.
 

cyjeff

Senior Member
When originally reading this, I assumed that the OP was, somewhere from 21-23. Amazing that a 36 year old thinks like this.
See? You were all judgey.

The OP doesn't like that.

You should have told him how cool it was to participate in excessive drug use while operating a motor vehicle.

After all, it was just a "nibble".

That is actually the phrase that worries me most of all. Someone so familiar with X that they can talk casually about how much of a dose their body requires is scary to the extreme.

Who wants to bet that the pompous ass that believes he can do no wrong is next going to ask about some license or qualification that he will lose due to his little problem here?

Anyone?
 

LegalBurger

Junior Member
Did any of you read the last sentence of my first post?

I asked for legal input. I said LEAVE OUT THE MORAL JUDGMENTS.

I did not come here to hear a bunch of popmous asses insult me, talk down to me, or give me their ignorant opinions of me.

I am going to ignore all of your useless drivel and respond to those who actually tried to assist.

Unfortunately I can find almost no legal advice in any of the posts above.

You who are without sin, cast the first stone.

The rest of you, shut your mouths. Thanks.

If any of you want to rewrite your responses below with some actual legal information / advice then I will actually read them. Until then I am not interested in hearing your moral judgments or crap insults.

Seriously. The only trolls here are you.

This is a legal advice forum.

If I wanted to hear a bunch of insults and personal opinions, I would have gone to a church web site.

1) I am an addict in need of rehab. Really? HOw many times have I done E? Care to tell me? Oh thats right, you dont have a clue do you? What if I told you I had only done it once in my life? How many times have you gotten drunk in your life? Want to discuss that? Maybe its you who need rehab. Oh wait, that would make me a pompous ass to say that to you. Given I know nothing about you. Dont tell me I need rehab when you don't have the first clue as to my frequency of use. Anyone with an IQ over 12 knows that you can gamble without being a gambling addict. You can drink (and even get drunk) without being an alcoholic. And you can use E without needing "rehab".

2) How do I know how much a child takes? Am I a doctor? Really are you seriously that ignorant? You have to be a doctor to know facts about things? Seriously? Are you kidding? I know how much a child takes because I educate myself. It doesn't take much brain power to learn about something. You should try it sometime because you obviously speak without knowing jack squat.

3) No - MDMA does not contain 100-125mg. You are wrong. Yet another ignorant, uneducated comment spouted from a pompous mouth. A typical MDMA tablet contains about 60-80mg of MDMA. Alexander Shulgin *recommends* taking 125mg of MDMA for a proper experience. That is most likely where you're getting your numbers from. This is what happens when all you do is google something and you know nothing about it. You end up spouting incorrect facts and sticking your foot in your mouth. Nice try though.

4) Have any of you ever driven with a drink in your system? Im willing to bet nearly *ALL* of you have. So you can all take your hypocritical comments and stick them where they belong. Some people are not capable of talking on the phone and driving. Some are. Some people aren't coordinated enough to text while driving. But guess what? Some people are. Some people can't drive for sh*t after a few drinks. Guess what? Even according to the cop - SOME PEOPLE CAN. Everyone is wired differently. Doesn't make drinking and driving okay. But you are all full of crap if you're going to claim you've never gotten behind the wheel after having something to drink.
 
Last edited by a moderator:

Zigner

Senior Member, Non-Attorney
LegalBurger. Your post is out of line. If admin feels I am wrong, they will reinstate it. Otherwise, don't keep posting it.
 

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