Minnesota first offense and I have to defend myself...

[Lisa101010]

The old saying is DO NOT DRINK AND DRIVE. You did. Suck it up and go into court and take your punishment. If you make excuses or try to show you are "good person" because you are doing PR for community service it will come across as fake. You say your new limit is 0.0. Your old limit should have been that.

Yes, that is the old saying. The reality is that people legally drive every day after drinking. It is not against the law to drink and drive as long as you are under .08.

I never said I wasn't going to "suck it up" and not go to court. Of course I am going to go to court and take my punishment. I've been taking punishment for this every day since it happened.

And I am a good person. Just becaue I was arrested for DWI does not make me a bad person.

I never said that I am doing PR for community service. I was just wondering if that is a possibility. Or if in Minnesota, the only way to pay your fines is with money. Just wanted to know my options.

 

[BigMistakeFl]

BigMistakeFl

There have, in fact, been cases in which BAC was under 0.08 were still convicted. It's a question of impairment, not the "limit" alone. So you're right in throwing that percentage out the window. The only safe bet is 00. One drink, find a way home. Have a plan in advance if you are going anywhere near alcohol. How will you get home; how will you get your car the next day; or how will you get to the place without your car in the first place, etc.

As for determining your BAC, here is a link with a BAC calculator. There are lots of these on the internet. I can't deem this one perfectly accurate, but it'll give you an idea. But remember, it's about impairment, not BAC. That limit, exceeded or not, is only one piece of evidence in the prosecution of DUI cases.

http://www.arizona-dui-defense.com/BAC-Calculator.htm

 

[Lisa101010]

There have, in fact, been cases in which BAC was under 0.08 were still convicted. It's a question of impairment, not the "limit" alone. So you're right in throwing that percentage out the window. The only safe bet is 00. One drink, find a way home. Have a plan in advance if you are going anywhere near alcohol. How will you get home; how will you get your car the next day; or how will you get to the place without your car in the first place, etc.

As for determining your BAC, here is a link with a BAC calculator. There are lots of these on the internet. I can't deem this one perfectly accurate, but it'll give you an idea. But remember, it's about impairment, not BAC. That limit, exceeded or not, is only one piece of evidence in the prosecution of DUI cases.

http://www.arizona-dui-defense.com/BAC-Calculator.htm

OH yes, I know you can get arrested even if you're under .08, but I also know that you can drive legally if you're under .08, that was my point. I know that the BAC is only one point of evidence which is why I asked my question about how I was crying when I was arrested. Do you recommend that I get the police report? I suppose that would have some comments from the officer about how he thought I acted. Would the police report pretty much contain all the evidence they have against me (except for the video if there is one, but I assume the officer would write up what he observed in the report, correct?)?

Thanks for the calculator - that is pretty neat. However there are so many other things to factor in, so I don't think it is that useful.

 

[BigMistakeFl]

BigMistakeFl

Yes, so true. There are other factors, such as food consumed, liver function, etc..... the calculator just gives a broad idea. I'm like you now, anything over 0.00 is over my personal limit.

Your lawyer can get the police report, and any other evidence. Still other evidence can "turn up" before the trial though, but would also have to be submitted to your lawyer. (example: witnesses)

 

[Lisa101010]

OK .. I am not worried about witnesses. I don't think I was in a situation where they would be any witnesses. It was on a somewhat busy street and I'm sure they didn't get names of anyone passing by. All in all, my DWI was pretty routine. It happened during a city-wide crackdown over the holidays.

And I'm not getting a lawyer, at least not for the first hearing. I am going to try and talk to the prosecutor on my own and see if he'll accept a plea of careless driving. Several lawyers in my state have said this is an appropriate course of action. Of course others disagreed. But with the hearing Jan. 31 and rent due about the same day, I won't have any extra cash for a lawyer. I could get this really cheap lawyer through my employee assistance program, but he told me that he wants to just mail in my plea of not guilty, and not even go to the first hearing. I'd rather try to get it resolved sooner rather than later, so I didn't really think that was a good idea. I think I can get the police report myself, right?

Oh and I had to add that I don't plan on this going to any kind of trial. Aren't there extra costs associated with that if convicted? Right now I'm only worried about this first hearing and what to expect, and trying to get it resolved that day.

 

[Happy Trails]

Just wanted to add some interesting links:

http://www.health.state.mn.us/divs/hpcd/chp/alcohol/pdf/policypositionsheet.pdf

http://www.dps.state.mn.us/ots/Laws_Legislation/Legislation/08_Legis/08-1pg_factsht.pdf

http://www.dps.state.mn.us/ots/Laws_Legislation/Legislation/08_Legis/Common_Concerns.pdf

I also wanted to comment on the marijuana, it probably will not be an issue (but it's possible). Minnesota considers a small amount of marijuana a misdemeanor, which can carry up to a $300 fine, no jail time.

Lisa, I know you are looking for the cheapest way out of this, but I haven't seen anyone that has been in trouble with a DWI in MN get by cheap. This definately will have an impact on you (it's meant to).

Sadly, I have seen way too many of them continue to get caught over and over again. Obviously not impacted enough and/or they clearly have a problem and they continue their destructive behaviour.

--Quick story on impairment--

Female driver, 5'9 and 140#'s, she knew her limit was three and decided to be the designated driver for her friend.

She was pulled over and asked if she had anything to drink, and she replied that she had and she knew what her limit was.

The officer asked her to recite the alphabet (can't sing it), she got all the way to the letter "W" and said, "H, I, J, K, L,....". (Because "X" starts out similiar to "H", and in her impaired state it made sense to her that "H" was next.) The friend she was driving home, nodded after each letter (yep, yep, yep and never did catch the error).

Interesting article:

http://www.minnesotamonthly.com/articles/myDWI.html
A suburban soccer mom’s chronicle of her drunk-driving arrest and its aftermath.

Another:

http://bchslapped.blogspot.com/

 

[Lisa101010]

THANK YOU, THANK YOU so much for taking the time to write such a helpful reply. I have been refreshing this site all day hoping for some information I can use.

I see the points made in those links regarding .08. Thank you for that.

I actually had already read the Minnesota Monthly article about that soccer mom's DWI.

And thanks for the link to that blog -- very helpful! It seems that woman was advised by many to not bother with the lawyer as well. Unlike her, however, this is my first offense.

So, at this first hearing, the judge will probably ask me similar questions though ... like "were you driving while intoxicated?" I am thinking that the best honest response will be "At the time, I did not believe I was intoxicated. I have since educated myself about the .08 law and understand that a person with .08 BAC is impaired." ~~~ can I admit to being intoxicated and still have the chance of getting the charges lowered to careless driving?


And thank you to anyone else who has took the time to offer helpful advice!!!

 

[BigMistakeFl]

BigMistakeFl

Actually, your employee assistance lawyer might be on the right track, if that's still an option. Even if you hired a lawyer outright, it would not be completely uncommon for him or her to mail in your plea of not guilty, this gets things rolling. It would also not be uncommon for him or her to opt out of that first hearing (what hearing is it?) and request of the court instead that the case be moved speedily to a jury trial. That's when the lawyer might offer the plea to the DA's office, and see what their response is.

Having said that, from personal experience, even with a lawyer asking for careless or reckless, if the cops want to testify in tandem and the BAC is above the limit and the machines were all tested and calibrated properly, you can still get only a chuckle from the prosecution.

 

[poohmantbb]

My new limit is a .23. Hey, can you grab my purse?

 

[Just Blue]

My new limit is a .23. Hey, can you grab my purse?

LOL!!......

 

[Heather2]

I never said that I am doing PR for community service. I was just wondering if that is a possibility. Or if in Minnesota, the only way to pay your fines is with money. Just wanted to know my options.

You will have to pay court costs and fines no matter what and you will have to do community service also.

 

[Trucking Mad]

I'm going to sum up your whole scenario on your case...Guilty, apx.1yr. probation, fines & court cost, alcohol counseling, suspension of license, etc...
You definately need to drop the haughty-tude..