First offense, blew a 0.14, scared to death that I will be convicted of a DUI

[autumnmcbottom]

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

Ok, so the following all took place Wednesday night/Thursday morning of this week. I am a 24 year old female, and I am 5'3 and approximately 130 lbs.

I got out of work earlier than expected. I work at a bar in South Tampa- (Hillsborough County, Florida) and if you want to, you are allowed to stay and drink out of uniform. Bottles of wine are half-priced on Wednesdays, so a friend and I decided to split a bottle between two of us. I had eaten very little that day (oh so wisely) and I was already pretty exhausted from the day. Between 11pm and 1pm I drank a little over 2 glasses of wine and again, ate nothing. Our little crew decided to troop over to another bar, less than a mile down the road. At this bar I had one large beer; I felt buzzed, but not drunk by any means. Still concerned that I should not be making the trek all the way home (I live about 30 minutes away, and felt it was too risky since I had been drinking at all). So I followed a friend back to her dorm which was about 2 miles from where we were. Of course, I'm following and all of the sudden I see flashing police lights behind me. My stomach drops to my feet, and nervously, I turn into a parking garage 50 feet from where I initially saw the lights. The caop asks me if I had been drinking, I admitted I had been, and without him asking I got out of the car. We went through the field sobriety run-around and I did ok, but not excellent. Like I said, I was exhausted and the "tests" they ask you to do are uncomfortable even if you're sober. So, I was handcuffed and taken to jail (without my rights being read, although I don't know if that matters). At jail I was coerced into blowing; I was told that if I did not it would look like I was being non-compliant. So, stupidly taking the officer's word, and feeling relatively close to the legal limit, I blew. I blew a .140, which I have been reassured is fairly low. In retrospect, I should have refused EVERYTHING; but alas, I was nervous and scared and not thinking incredibly logically. I have been charged (not convicted obviously) with a DUI. I hired a private attorney today that has helped one of my good friends (in a very similar situation, although she blew slightly higher than me at a .173). He got her charge reduced to a reckless driving... he also said that he manages to get about a third of his cases dropped or kicked out altogether. I'm enrolling in DUI school and trying to do everything I can to get this over with as quickly as possible. My PA says it takes about 3 weeks to get the video tape from my stop and field sobriety tests. When he gets that, we should have a better idea of our approach to defense.

For the next 3 weeks I am going be a wreck. An absolute wreck. I am hearing mixed answers on what could possibly happen with my case. I just want my DUI to be reduced. I am a first time offender and like I said, scared ****less. I also should mention that I have a clean record.

Please if your advice is merely a lecture on how awful I amfor drinking and driving, I do not want to hear it. Please, valid advice ONLY. What do you think my odds are of getting this charge reduced? My last few months have been a nightmare, and this is the icing on the cake. I realize the stupidity of my actions, and I can assure you that this experience is something I NEVER want to relive again.

Help me.

 

[FlyingRon]

The only advice we have, since you appear to have a reasonable attorney, is to listen to him. Criminal trials generally cause anxiety even for those who are not guilty (and often for those who are the victim). The wheels of justice do not move for the convenience of the offender.

 

[cyjeff]

You don't get to tell us how to respond...

I will say that your blood alcohol level is almost twice the legal limit. What you think is not that much is almost an additional charge.

 

[GPottsLaw]

Better ask your attorney and listen to him / her.

I agree with the other posts about listening to your attorney, now that you have retained him or her. What's done is done, so no lectures about driving buzzed or for admitting you had been drinking or taking the breath test when you felt buzzed. But, a .14% BAL is not "low". You are just under the level that requires enhanced penalties in Florida, if the Intoxilyzer was accurate. Your attorney will look into whether there are any issues with the breath machine or anything the cops did, and if you get the charge reduced, you should feel very lucky.

 

[CdwJava]

At this bar I had one large beer; I felt buzzed, but not drunk by any means.

You do not have to be "drunk" to be too impaired to safely operate a motor vehicle. Once you felt "buzzed" that should have been a clue as to your impairment. "Buzzed" driving is DUI.

So, I was handcuffed and taken to jail (without my rights being read, although I don't know if that matters).

Miranda is only required if they interrogate you after the arrest. Booking questions and other housekeeping issues are not generally subject to Miranda.

At jail I was coerced into blowing; I was told that if I did not it would look like I was being non-compliant.

Your state law requires you to submit to a chemical test. They were probably required to advise you that a failure to blow could result in an automatic license suspension.

I blew a .140, which I have been reassured is fairly low.

It is well above the per se limit and almost double it ... what about that is "fairly low?"

In retrospect, I should have refused EVERYTHING;

And you would have lost your license and had the refusal brought up as evidence of your consciousness of guilt. It might also be possible that they could then force blood from you (depending on state law and agency policy).

He got her charge reduced to a reckless driving... he also said that he manages to get about a third of his cases dropped or kicked out altogether.

That sounds awfully high ... I'd be suspect of such a claim. But, it could be that the officers out your way are just very sloppy and leave themselves vulnerable to challenges.

There are often programs that can allow you to plead guilty to a lesser offense (like reckless) so as to suffer lesser penalties. This will likely be what your attorney seeks unless he can find a glaring hole in the state's case.

 

[justalayman]

I blew. I blew a .140, which I have been reassured is fairly low.

I'm with Carl on this one. That almost reaches our new "super drunk" law here in Michigan (.17) where penalties are basically doubled. Dang, even most of the old DUI laws had a threshold of .10 generally.

 

[artbuc]

"...but alas, I was nervous and scared and not thinking incredibly logically."

You were not thinking logically because you were drunk.

"I am a first time offender and like I said, scared ****less. I also should
mention that I have a clean record."

This would be a great consolation to the family of the person you may have killed.

 

[aldaron]

Here in CO you can get a DWAI driving while ability impaired at .05 and its almost impossible to beat. For priors its treated as a DUI and the penalties are almost as severe as a DUI. If you drink in this state take a cab.

 

[marshalAK]

OP,

I'm originally from Tampa and got a DUI charge last year in South Tampa - I would guess same area you did - Soho or thereabouts.

You are acting like a head-up-your-rear royal idiot right now, and the other posters are right. Listen to me if only because I was in your shoes pretty much exactly last year.

1) .14 is NOT low. DUI school ought to straighten you out further on this but it's close to the state's .15 enhanced penalties.

2) Be eternally grateful that you didn't kill someone else or yourself last night.

3) Denial isn't just a river in Egypt - realize that you need to stop drinking for awhile until you understand what it can do to you and the crappy decisions it contributes to - like getting in a car when you've been drinking.

4) You don't get to tell us how to respond. Don't do something idiotic and dangerous and expect to get nothing but hugs and puppies. Again I tell you this from someone who stood in your place last year.

5) Don't think about "getting this over with" just yet - it's a long sucky process. Remember this really well the next time you feel "oh just buzzed" before you get in the car.

6) Where in Tampa do you live??? South Tampa is SWARMING with cabs. There's cab numbers posted all over those bars - no excuse for gotten near your car to drive home.

I'm not going to tell you the outcome of my case. Suffice it to say I learned my lesson, won't do it again, and those 4 beers cost me about $10k.

 

[Suzer]

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

Ok, so the following all took place Wednesday night/Thursday morning of this week. I am a 24 year old female, and I am 5'3 and approximately 130 lbs.

I got out of work earlier than expected. I work at a bar in South Tampa- (Hillsborough County, Florida) and if you want to, you are allowed to stay and drink out of uniform. Bottles of wine are half-priced on Wednesdays, so a friend and I decided to split a bottle between two of us. I had eaten very little that day (oh so wisely) and I was already pretty exhausted from the day. Between 11pm and 1pm I drank a little over 2 glasses of wine and again, ate nothing. Our little crew decided to troop over to another bar, less than a mile down the road. At this bar I had one large beer; I felt buzzed, but not drunk by any means. Still concerned that I should not be making the trek all the way home (I live about 30 minutes away, and felt it was too risky since I had been drinking at all). So I followed a friend back to her dorm which was about 2 miles from where we were. Of course, I'm following and all of the sudden I see flashing police lights behind me. My stomach drops to my feet, and nervously, I turn into a parking garage 50 feet from where I initially saw the lights. The caop asks me if I had been drinking, I admitted I had been, and without him asking I got out of the car. We went through the field sobriety run-around and I did ok, but not excellent. Like I said, I was exhausted and the "tests" they ask you to do are uncomfortable even if you're sober. So, I was handcuffed and taken to jail (without my rights being read, although I don't know if that matters). At jail I was coerced into blowing; I was told that if I did not it would look like I was being non-compliant. So, stupidly taking the officer's word, and feeling relatively close to the legal limit, I blew. I blew a .140, which I have been reassured is fairly low. In retrospect, I should have refused EVERYTHING; but alas, I was nervous and scared and not thinking incredibly logically. I have been charged (not convicted obviously) with a DUI. I hired a private attorney today that has helped one of my good friends (in a very similar situation, although she blew slightly higher than me at a .173). He got her charge reduced to a reckless driving... he also said that he manages to get about a third of his cases dropped or kicked out altogether. I'm enrolling in DUI school and trying to do everything I can to get this over with as quickly as possible. My PA says it takes about 3 weeks to get the video tape from my stop and field sobriety tests. When he gets that, we should have a better idea of our approach to defense.

For the next 3 weeks I am going be a wreck. An absolute wreck. I am hearing mixed answers on what could possibly happen with my case. I just want my DUI to be reduced. I am a first time offender and like I said, scared ****less. I also should mention that I have a clean record.

Please if your advice is merely a lecture on how awful I amfor drinking and driving, I do not want to hear it. Please, valid advice ONLY. What do you think my odds are of getting this charge reduced? My last few months have been a nightmare, and this is the icing on the cake. I realize the stupidity of my actions, and I can assure you that this experience is something I NEVER want to relive again.

Help me.

I know you don't want to hear this, but really? Do you realize that you may have killed someone by driving drunk?
I don't know what your chances are of getting the charge reduced; but being that it is a first time offense; and hopefully a LAST time offense, maybe a good lawyer will be able to get the charge reduced to reckless driving or something. I truly hope that you have learned a valuable lesson from this. You are very lucky...you could have hit another car with innocent people inside. A good friend of mine...23 years ago...she was in a car with her husband who was driving...and her four children. They ranged in age from 6 MONTHS to 5 YEARS. The two middle children were twin girls aged 3 years. They were hit by another car filled with DRUNK teenagers. My friend's husband, and all four children were KILLED. The twins lingered for 2 days before they were finally taken off life support as they had no brain activity. She lost her entire family...and to this day she has NOT recovered from the loss.
Something SIMILAR COULD HAVE HAPPENED TO YOU. I sincerely hope that you do learn from this and never, not ever, drink and drive again.

 

[Zigner]

I know you don't want to hear this, but really? Do you realize that you may have killed someone by driving drunk?
I don't know what your chances are of getting the charge reduced; but being that it is a first time offense; and hopefully a LAST time offense, maybe a good lawyer will be able to get the charge reduced to reckless driving or something. I truly hope that you have learned a valuable lesson from this. You are very lucky...you could have hit another car with innocent people inside. A good friend of mine...23 years ago...she was in a car with her husband who was driving...and her four children. They ranged in age from 6 MONTHS to 5 YEARS. The two middle children were twin girls aged 3 years. They were hit by another car filled with DRUNK teenagers. My friend's husband, and all four children were KILLED. The twins lingered for 2 days before they were finally taken off life support as they had no brain activity. She lost her entire family...and to this day she has NOT recovered from the loss.
Something SIMILAR COULD HAVE HAPPENED TO YOU. I sincerely hope that you do learn from this and never, not ever, drink and drive again.

I'm sure this matter has been resolved at some point in the past 5-1/2 years. While your post is a good one, please don't post to long-dead threads.