Charged with dui but not arrested.

[Hmoore3444]

So I was driving down the road and deer jumped out in front of me slammed on breaks and ran off the road and hit a power pole. Cop got there as I was already in the ambulance. Said that he was charging me with a dui and asked if I would give a blood sample. Got to the hospital they took my blood then the cop come in and took another sample to be sent off. Got the sample back from the hospital as it was .13 .05 over the legal limit. I believe the cop knew I wasn't plastered or would have probably taken me to jail. I still have my drivers license. My court date is 3 weeks away. He didn't tell me anything. I have never been in trouble before so I have no clue what to expect. Any info could be helpful at this point. I just have never heard anyone getting a ticket but not arrested for a dui.

 

[CdwJava]

Since you were apparently headed for medical treatment, the officer probably figured it was best to cite you out rather than arrest you and have the city or county incur the costs of your treatment.

If you cannot afford an attorney, one can be appointed for you. If you can afford legal counsel, I would recommend you start hunting for one now.

What state are you in? What statutes were cited on the notice to appear?

 

[Hmoore3444]

There really wasn't nothing wrong with me I just had to get my foot checked out. The cop surprisingly was really nice. He knew I was up front and honest with him. I wasn't drunk and I'm sure he knew that. I'm in South Carolina. All my ticket says is driving under the influence. That's it. No fine cost or anything.

 

[Silverplum]

So I was driving down the road and deer jumped out in front of me slammed on breaks and ran off the road and hit a power pole. Cop got there as I was already in the ambulance. Said that he was charging me with a dui and asked if I would give a blood sample. Got to the hospital they took my blood then the cop come in and took another sample to be sent off. Got the sample back from the hospital as it was .13 .05 over the legal limit. I believe the cop knew I wasn't plastered or would have probably taken me to jail. I still have my drivers license. My court date is 3 weeks away. He didn't tell me anything. I have never been in trouble before so I have no clue what to expect. Any info could be helpful at this point. I just have never heard anyone getting a ticket but not arrested for a dui.

In response to your statement that you were not drunk in post #3: yes, you were drunk and driving.

 

[justalayman]

There really wasn't nothing wrong with me I just had to get my foot checked out. The cop surprisingly was really nice. He knew I was up front and honest with him. I wasn't drunk and I'm sure he knew that. I'm in South Carolina. All my ticket says is driving under the influence. That's it. No fine cost or anything.

Drunk is a pretty vague term. You were over 60% over the dui limit. That's what counts

 

[CdwJava]

There really wasn't nothing wrong with me I just had to get my foot checked out. The cop surprisingly was really nice. He knew I was up front and honest with him. I wasn't drunk and I'm sure he knew that. I'm in South Carolina. All my ticket says is driving under the influence. That's it. No fine cost or anything.

Well, yeah, you WERE impaired. Being "drunk" is not the issue with DUI, but being IMPAIRED is. And, under the law, if you are .08 you ARE impaired (that's why .08 is the "per se" level of impairment, and NOT "the legal limit" as it is so often referred to). Even being under .08 you can be impaired.

 

[TigerD]

In response to your statement that you were not drunk in post #3: yes, you were drunk and driving.

We don't know that.

How was the sample taken?
Was the nurse properly trained in evidentiary blood draws?
What did they use to clean the draw site?
Which evidence tube did they use?
What type of preservative was in it?
How was the evidence stored? And shipped? How was it handled during shipping?
When it arrived at the lab, did the lab follow correct procedures?
Was the chain of custody maintained?
Did the lab use clean equipment for every test?
Discovery on the lab is wonderful. No lab doesn't screw up.


The OP NEEDS an experienced DWI lawyer. I suggest seeking a referral through the National College of DUI Defense.

TD

 

[OHRoadwarrior]

What are you hoping to accomplish? It is clear sooner or later you are going. The question is do you want to go with a good rental reference or a bad one because you stroked out a few extra months.

 

[CdwJava]

We don't know that.

How was the sample taken?
Was the nurse properly trained in evidentiary blood draws?
What did they use to clean the draw site?
Which evidence tube did they use?
What type of preservative was in it?
How was the evidence stored? And shipped? How was it handled during shipping?
When it arrived at the lab, did the lab follow correct procedures?
Was the chain of custody maintained?
Did the lab use clean equipment for every test?
Discovery on the lab is wonderful. No lab doesn't screw up.


The OP NEEDS an experienced DWI lawyer. I suggest seeking a referral through the National College of DUI Defense.

TD

Of course he needs a good attorney, but he is grasping at straws to hold out the exceedingly slim hope that there was a problem with the evidence drw in some way.

The overwhelming majority of DUI cases result in plea deals. The few that are beaten by the defense are beaten by challenging the detention (the stop) or the probable cause for the arrest (more often the detention than the PC) and those are difficult cases to make absent some egregious malfeasance by the officer.

A successful evidenciary challenge is ... uh ... almost as likely as winning Powerball tonight.

 

[quincy]

... I still have my drivers license. My court date is 3 weeks away. He didn't tell me anything. I have never been in trouble before so I have no clue what to expect. Any info could be helpful at this point. I just have never heard anyone getting a ticket but not arrested for a dui.

First, here is a link to South Carolina DUI laws and penalties: http://dui.drivinglaws.org/scarolina.php

I recommend you consult with an attorney in your area before your court date. Although there is no plea to a lesser charge available for a DUI, an attorney will check to make sure that the blood draw was done properly and the results are valid, and will check on the actions of the officers, to see if a dismissal of the charge is possible, perhaps on a technicality.

If convicted on a first offense DUI charge, you are looking at some time in jail, fines up to $1000, a 6 month license suspension, possible drug/alcohol classes and, at the discretion of the judge, an installation of an ignition interlock device.

Again, speaking with an experienced DUI attorney is smart and advised. Good luck.

 

[TigerD]

Of course he needs a good attorney, but he is grasping at straws to hold out the exceedingly slim hope that there was a problem with the evidence drw in some way.

The overwhelming majority of DUI cases result in plea deals. The few that are beaten by the defense are beaten by challenging the detention (the stop) or the probable cause for the arrest (more often the detention than the PC) and those are difficult cases to make absent some egregious malfeasance by the officer.

A successful evidenciary challenge is ... uh ... almost as likely as winning Powerball tonight.

I both agree and disagree. Most DWI are pleaded. Most clients plead. The leverage and risk of trial penalties is just too high and that is a serious problem and issue of necessary reform with which our legal system struggles. Most criminal defense attorneys are not properly educated in science and technology. You have to actually understand how to read the lab techs bench notes and the gas chromatograph to mount the challenge. Is the chromatograph properly separating the sample prior to quantifying? Is the entire batch properly handled? The attorney has to have a good grounding in science and lab practices - strong enough to be able to explain and educate judges on science. That is unfortunately all too rare.

So, while successful evidentiary challenges are rare, it isn't because labs do it right but because the lawyers don't know the science and don't know how to argue it.

TD