DUI Under 21

[joelvarghese]

Hey guys, I'm new to this forum, but any advice you guys have for me would be greatly appreciated!

Here's a Summary of my Situation:
I was under 21, I drank 2 drinks and waited a couple hours and drove to look for one of my friends who got lost, and was wandering the streets. I saw a cop car on the street where he was supposed to be, and i pulled over in front of the car, got out and asked him if he had seen my friend. The cop said that he smelled alcohol on my and proceeded with a sobriety test, after i refused a breathalyzer. I had two eye infections at the time, and I told the officer that, but after the sobriety test he arrested me for DUI. After talking to my lawyer, he said that the horizontal gaze test was not to regulations, and it had to be thrown out. I didnt even feel the alcohol in my system at the time of my arrest,but i just didnt want to risk anything. While talking to the officer on the way home, he even told me that if i was over 21, he couldhave let me go, and I didnt fail the sobriety tests. I am currently 21, and have plead not guilty at my state court arraignment. I hope to get my charge somehow reduced to wreckless driving or another charge because I am a senior in college, looking into nursing schools. Thanks for any advice!

 

[Zigner]

Hey guys, I'm new to this forum, but any advice you guys have for me would be greatly appreciated!

Here's a Summary of my Situation:
I was under 21, I drank 2 drinks and waited a couple hours and drove to look for one of my friends who got lost, and was wandering the streets. I saw a cop car on the street where he was supposed to be, and i pulled over in front of the car, got out and asked him if he had seen my friend. The cop said that he smelled alcohol on my and proceeded with a sobriety test, after i refused a breathalyzer. I had two eye infections at the time, and I told the officer that, but after the sobriety test he arrested me for DUI. After talking to my lawyer, he said that the horizontal gaze test was not to regulations, and it had to be thrown out. I didnt even feel the alcohol in my system at the time of my arrest,but i just didnt want to risk anything. While talking to the officer on the way home, he even told me that if i was over 21, he couldhave let me go, and I didnt fail the sobriety tests. I am currently 21, and have plead not guilty at my state court arraignment. I hope to get my charge somehow reduced to wreckless driving or another charge because I am a senior in college, looking into nursing schools. Thanks for any advice!

You failed to list your state. But, you have an attorney - speak to him.

 

[dave33]

Man oh man, talk about asking the wrong person. You gotta remember to stay AWAY from the cops when drinking.

You were drinking and driving and you pulled over and asked a cop for help.
I really don't know what other result you could have expected? goodluck.

 

[CdwJava]

Hey guys, I'm new to this forum, but any advice you guys have for me would be greatly appreciated!

As mentioned, knowing your state would be helpful as these laws vary by state. In my state, for instance, if you were under 21 and suspected of driving with alcohol in your system you would have to submit to a PAS test by the officer in the field. Your state may not require it.

[quiote]I was under 21, I drank 2 drinks and waited a couple hours[/quote]
So, it is very likely that you had a measurable BAC between .01 and .02 at the time you contacted the officer. In most states a BAC of .01 would be a violation of zero tolerance laws, in some it might require a .02.

I had two eye infections at the time, and I told the officer that, but after the sobriety test he arrested me for DUI. After talking to my lawyer, he said that the horizontal gaze test was not to regulations, and it had to be thrown out.

I'm curious what occurred to give him that opinion, but the HGN is only one of the tests. And, given that you are under 21, your state's zero tolerance laws may come into play. So, while a DUI might not be applied, you will almost certainly face charges for being underage and driving after drinking.

I didnt even feel the alcohol in my system at the time of my arrest,

Unless you are a particularly large individual or those two drinks were spread out over nearly two hours, chances are you had a BAC of over .01. DUI? No. But, outside the tolerance for someone under 21 in your state ... probably.

I hope to get my charge somehow reduced to wreckless driving or another charge because I am a senior in college, looking into nursing schools. Thanks for any advice!

Many states do have diversion programs for first offenders, but, as you mentioned, it might require a plea to a lesser offense. In CA a plea to a "wet reckless" (23103.5 VC) is priorable as a first offense. However, if what you say is true and you really did have only two drinks, then DUI is not likely, but other penalties for zero tolerance may apply.

 

[HighwayMan]

Regardless of the outcome of the criminal case you may very well lose your license. You are not permitted to refuse a breath test.

 

[FlyingRon]

I suspect if they continued with other "sobriety tests" after the breathalyzer refusal, it was probably a PBT and not a mandated chemical test. But in the latter case, not only could it lead to an administrative license suspension, it could indeed by a crime in it's own right in some states.

Further, it matters what you were charged with. If they actually had signs of intoxication (HGN, etc...) you might be guilty of full up DUI not just a zero tolerance violation. Since you have a lawyer, deal with him. He at least knows what state this took place in and what the exact charge is which you didn't bother to share with us.