Bs Dui

[tsifreak]

What is the name of your state? IL
Hi this is my first post here and shouldnt even be here (you will see why)
I went out around 10:45 PM to meet my brothers at the local bar. I had 4 160z tap bears by 12:45 and left little after 1 with my brothers that were wasted. I got pulled over around 1 15 (Bar is 1 mile from my house). I got pulled over for no rear plate light
I was charged with my first DUI at the age of 30 with a BAC of 0.08 at the sene (50 yrds from my house on my own street). I felt I passed the FST but didnt turn corectly I thought that he said to keep my feet together when I turned and when I did I tiped a little but that was it all the other tests were clean. My laweyer told me how to do it and it was not how he said.
Now I go back to the station to book me and after 45 min after I blew the .08 at the seen I blew a .102 at the station. (he said that if I blew under .08 he would drop the chages) so I did it because I wasnt at all drunk but I didnt have really anything to eat that day and he said thats why I blew so high and the alcohol had a chance to soak into my system (that I didnt know.)
I weigh 148 and I was in no way intoxicated. The offesor even said he thought I was fine but thats not the law. My speach wasnt inpared, I walked myself into the station and no problems at all.
The thing thats going to kill me in court is I blew at the staton (which I shouldnt have done) a .102.
I have a good DUI lawer but I just dont know if its worth going to trial over??
If I could get a plea to a lesser charge that would be great but to it getting thrown out I dont know. Keep in mind why I got pulled over (light) and I drove a mile and got stoped on my own street. Another thing is that really ****ed me is I didnt have anything in my stomach to soak up the little alcohol I had. So I dont know what to think at this point I am a responsible person who drinks very seldom and when I do its not heavy. Should I fight this in court Thanks for your posts.

 

[thepenster060]

Tell me, please. Why is it that all you DRUNK DRIVERS keep trying to get off scott free?
You drank, then you drove. Your problem. Thank god the officer pulled you over before you hurt someone.

 

[moburkes]

What is the name of your state? IL
Hi this is my first post here and shouldnt even be here (you will see why)
I went out around 10:45 PM to meet my brothers at the local bar. I had 4 160z tap bears by 12:45 and left little after 1 with my brothers that were wasted. I got pulled over around 1 15 (Bar is 1 mile from my house). I got pulled over for no rear plate light
I was charged with my first DUI at the age of 30 with a BAC of 0.08 at the sene (50 yrds from my house on my own street). I felt I passed the FST but didnt turn corectly I thought that he said to keep my feet together when I turned and when I did I tiped a little but that was it all the other tests were clean. My laweyer told me how to do it and it was not how he said.
Now I go back to the station to book me and after 45 min after I blew the .08 at the seen I blew a .102 at the station. (he said that if I blew under .08 he would drop the chages) so I did it because I wasnt at all drunk but I didnt have really anything to eat that day and he said thats why I blew so high and the alcohol had a chance to soak into my system (that I didnt know.)
I weigh 148 and I was in no way intoxicated. The offesor even said he thought I was fine but thats not the law. My speach wasnt inpared, I walked myself into the station and no problems at all.
The thing thats going to kill me in court is I blew at the staton (which I shouldnt have done) a .102.
I have a good DUI lawer but I just dont know if its worth going to trial over??
If I could get a plea to a lesser charge that would be great but to it getting thrown out I dont know. Keep in mind why I got pulled over (light) and I drove a mile and got stoped on my own street. Another thing is that really ****ed me is I didnt have anything in my stomach to soak up the little alcohol I had. So I dont know what to think at this point I am a responsible person who drinks very seldom and when I do its not heavy. Should I fight this in court Thanks for your posts.

I don't care how close you were to your house, you were DRUNK. What part of that didn't you understand? What are you going to fight? What is your defense?

And what did your lawyer tell you?

 

[BigMistakeFl]

BigMistakeFl

The "thing that's going to kill you in court", is that you drank four 16oz beers in two hours and then drove. The BAC tests are in the correct range according to my calculations. You can check for yourself all over the internet with BAC calculators.

You're angry because you got caught, and so close to home too, right on your own street. You almost made it. The evidence is against you. If you wish to fight, your lawyer will possibly try to convince the prosecution to allow a plea to a lesser charge. You will pay your lawyer his full fee up front whether you prevail or not. You have to decide if you can win your case. Were you completely innocent of the charge?

 

[You Are Guilty]

Whoa! Everybody slow down here. This post sounds exactly like the classic example of a 28th Amendment violation (see, e.g. https://forum.freeadvice.com/showthread.php?t=212597&highlight="home+base"). While it usually is applied to one's own driveway, recent IL case law has extended the privilege to one's own street, if it's within one block of the driveway.

I'd advise the poster to fight this travesty all the way. Make sure you tell the judge that you know your rights and won't be bullied by the MADD conspiracy. Feel free to cite to these posts in your defense.

Good luck!

 

[tsifreak]

I not upset because I got caught but that I wansnt drunk or impaired . I was not in no way inpaired to drive. I am a respnsible person that always said I would never drive drunk and hurt someone else I agree with you all on that. If I was drunk I would have fallen on the FST and then yes I agree then but there is a far point from haveing 4 beers driving than haveing 8 beers and driving is my point.
I could have decined the blow tests and then I would have a case is all.

 

[moburkes]

I not upset because I got caught but that I wansnt drunk or impaired . I was not in no way inpaired to drive. I am a respnsible person that always said I would never drive drunk and hurt someone else I agree with you all on that. If I was drunk I would have fallen on the FST and then yes I agree then but there is a far point from haveing 4 beers driving than haveing 8 beers and driving is my point.
I could have decined the blow tests and then I would have a case is all.

So your defense, then, is that the tests were faulty because 0.08 and 0.102 should not be considered drunk?

 

[BigMistakeFl]

BigMistakeFl

Refusing does not assure a prevailing defense either. Implied consent laws are pretty tough now. I agree that four beers is not the same as 8. (But you admitted these were 16oz beers)

You also don't have to fall or even stagger to fail the FST's. Carl can chime in and advise you that cops aren't looking for what you think they are during these tests. 0.08 or 0.10 may not be falling down drunk, but these are generally accepted as impaired. Five regular 2 oz beers will put the average guy at or above 0.08. (There are variables, of course) The laws have gotten very tough and loopholes all filled in. Good luck with your case if you decide to fight.

 

[AHA]

I not upset because I got caught but that I wansnt drunk or impaired . I was not in no way inpaired to drive. I am a respnsible person that always said I would never drive drunk and hurt someone else I agree with you all on that. If I was drunk I would have fallen on the FST and then yes I agree then but there is a far point from haveing 4 beers driving than haveing 8 beers and driving is my point.
I could have decined the blow tests and then I would have a case is all.

And how many drunk drivers do you think can TELL when they are drunk??? If your house was only 1 mile from the bar, I'd say you were frikkin lazy not to WALK there and back.

 

[xylene]

Lightweight

I weigh 148

You had better be like 4' 11" AND an alcoholic

for you to claim that you were not buzzed from 4 16oz beers

A buck 48 is pretty light weight... Sad really.

And how many drunk drivers do you think can TELL when they are drunk??? If your house was only 1 mile from the bar, I'd say you were frikkin lazy not to WALK there and back.

I guess mr. skinny here already gets enough excersize...

 

[shell007]

I not upset because I got caught but that I wansnt drunk or impaired . I was not in no way inpaired to drive. I am a respnsible person that always said I would never drive drunk and hurt someone else I agree with you all on that. If I was drunk I would have fallen on the FST and then yes I agree then but there is a far point from haveing 4 beers driving than haveing 8 beers and driving is my point.
I could have decined the blow tests and then I would have a case is all.

You're kidding right???

Look YOU WERE DRUNK!!! GET OVER IT, AND TAKE YOUR MEDICINE LIKE A BIG BOY!!!

 

[AHA]

I guess mr. skinny here already gets enough excersize...

As a girl, a skinny (non muscular obviously) guy is just as big of a turn off than a fat guy.

 

[tsifreak]

Thanks for the replys. I am 30 and I know when Im drunk that is very seldom and I wont drive if I am simple as that thats the worst thing you can do I agree. Yea my brothers were going to walk home but I had little too drink and felt and know I was fine. So I guess you cant go out and have a good time any more that really pissses me off.
Alot of the people out there just dont know and even a little will get you introuble these days.

 

[shell007]

Thanks for the replys. I am 30 and I know when Im drunk that is very seldom and I wont drive if I am simple as that thats the worst thing you can do I agree. Yea my brothers were going to walk home but I had little too drink and felt and know I was fine. So I guess you cant go out and have a good time any more that really pissses me off. Alot of the people out there just dont know and even a little will get you introuble these days.

Sure you can go out and have a good time, but.....next time...CALL A CAB!!!!

 

[tsifreak]

Yea im over it but I have to vent this. Drunk no but according to a .08 I guess yea.