[Chad Daring]

In the never ending parade of foul ups and bad luck I got snagged by an officer last night when I swerved because I checked my phone while driving.

Long story short he took me to the station, towed my car, and gave me tickets for driving while impaired, driving under the influence and driving under the influence per se

So what should I do?

I dont really have the money for... well any of this, I'm already making craigslist ads to sell my TV and my second computer to scrounge up some cash.

I've read mixed things online so far. Some are saying the first DUI for someone with a clean record is more of a slap on the wrist, some are saying the total cost can be near 10,000 dollars....

[el mechanico]

Did you blow? and if yes how high?

[Chad Daring]

(10-29-2011 11:43 AM)el mechanico Wrote:  

Did you blow? and if yes how high?

Yes, and they told me it was .08, but were vague about it, I can post the numbers on the report they gave me from the machine

[el mechanico]

(10-29-2011 11:56 AM)Chad Daring Wrote:  

(10-29-2011 11:43 AM)el mechanico Wrote:  

Did you blow? and if yes how high?

Yes, and they told me it was .08, but were vague about it, I can post the numbers on the report they gave me from the machine

Find out..If you blow right at the limit you may want to fight. A good lawyer would make quick work of that.
I don't know the laws there but a cheap way out is to talk to the prosecuting Att. and work a deal. Plea down to reckless or careless driving.
Did the video you? They have to give you a copy. take a good look at it before you make a decision

[Chad Daring]

I dont know if they taped me, if they did it wasn't obvious, and they didn't give me a copy of a video.

Also, I dont think the officer read me my miranda rights, any leverage there?

The bulk of advice I've read online said get a lawyer, so thats probably what I'll do, though other things I read said if its a first offense, and you've got a clean record (both are true for me) that the severity isn't as bad.

The joke in all this is if I wasn't such a fucking diet nut I would've avoided all this because I would've gotten the pizza I wanted as I left the bar.

Edit:

This is the tox report

Test b/210L Time
DIAG PASS 03:37
BLK .000 03:38
STD .078 03:39
BLK .000 03:40
SUBJ .085 03:40
BLK .000 03:41
SUBJ .088 03:42
BLK .000 03:43
STD .077 03:44

I have no idea what those mean, they said they use the lowest number, which on this is .077 so I guess thats why I wasn't given a DWI

[el mechanico]

Where did you take the sobriety test? And where did you blow? In front of the car? They tape you for evidence.
Call and ask how to get a copy. Start there. And get a copy of the report asap. Whatever dialog is in there will help you make a decision.
I've done this a few times. Never convicted.
What state did you get it and county?

[Menace]

As a preliminary matter, do not talk to them about anything aside from getting copies of reports, as you're doing. My admittedly inexperienced advice with this is that you should probably get a lawyer, because they have faced this situation many times, and likely can deal with it effectively. The last thing you want is a suspended license. EM, Chad is in the DC area, so I'm guessing this was in MD or DC. The

[Chad Daring]

I did a blow test on the road, as well as the whole stand on one foot and walk the line tests, after that he cuffed me and they took me to the station where I did another "official" blow test.

Thanks for the advice, I'll get a copy of everything I can get as soon as possible

And yeah, this happened in Maryland.

Moral of the story, dont drink and drive, always get pizza after 2am

[el mechanico]

You blew 4 times? fuck! If you blow once they can't get you for refusal. A Dui is a Dwi here the same there?

Being on the road after 2 with even one or two beers in you is a no no.

My cousin who does dui's told me not to blow or take the test. Just shut up and go to jail. No evidence = no case. They will take your licence for a year but you can fight and work around that.

Convicted here is 6mos suspension dui school and probation with consoling even some AA meetings. Yes you can pull tail at these things but they are expensive. The NA girls are hotter.lol

[Chad Daring]

(10-29-2011 12:49 PM)el mechanico Wrote:  

You blew 4 times? fuck! If you blow once they can't get you for refusal. A Dui is a Dwi here the same there?

What they told me, after the field test, if I refused the blow test at the station, they'd take my license for 120 days, regardless if I was found guilty or not, and I only blew in the machine twice, it must've taken 4 samples from those two blows.

I honestly am still confused about the difference between the two terms, here's this though

http://www.maryland-defense-lawyer.com/DWIDUIFaq.htm

[Private Man]

This is a very cautionary tale.

Here in Florida, A DUI is a righteous bust for cops and an extremely expensive process. However, each state varies. I hate to say it Chad, but lawyer up. You might need to get money from whatever source you can.

This all got started with MADD, a prohibitionist movement: http://alcoholfacts.org/CrashCourseOnMADD.html

[el mechanico]

Here..
DWI vs. DUI
DWI
Being charged with driving while intoxicated (DWI) is the top alcohol infraction. It means, among other things, that your blood alcohol concentration (BAC) posted at a level of .08% or higher. In Maryland, the offense is extremely severe in the sense that 12 points automatically are marked against your license. This results in instant revocation of your license.

The monetary fine for a first offense is $1,000, and $2,000 for a second offense. But these costs are nothing compared to the money involved with going court and/or hiring an attorney. All total, a DWI charge can set you back up to $10,000.

DUI
Although driving under the influence (DUI) is a lesser infraction under Maryland law, it is still a serious offense. If your BAC is between .04% and .07%, you'll be charged with a DUI.

In many cases, people who end up on the lower end of the BAC spectrum but fail miserably on a field sobriety test end up with this charge. Officer judgment is a major factor. The end result is eight points tallied against your driving record and a $500 fine (for both a first and second offense). Jail time can range from 60 days from the first offense and up to a year for the second


Not so bad.It's way worse here.

Remember Florida...come down on vacation leave on probation return on violation..No Joke!

[Chad Daring]

(10-29-2011 01:08 PM)Private Man Wrote:  

This is a very cautionary tale.

Here in Florida, A DUI is a righteous bust for cops and an extremely expensive process. However, each state varies. I hate to say it Chad, but lawyer up. You might need to get money from whatever source you can.

This all got started with MADD, a prohibitionist movement: http://alcoholfacts.org/CrashCourseOnMADD.html

I talked to JDevoy and he said the same thing, so I'm definitely going to do so. E Mechs advice to get copies of everything combined with a lawyer will hopefully help make this not that painful, and from what I've read most DUI lawyers let you pay off your bill over time.

I've already posted my TV and my computer up on Craigslist, got a hit already on the TV, so I'm trying.

I might have to get some assless chaps and makes rounds in Dupont Circle to take care of this without borrowing money from family.

[Steven Lurkel]

That sucks, man.

My buddy got hemmed up in similar scenario about two years ago in VA. I think he lost his license for a year, but did minimal (if any) jail time besides the night he got pulled.

Definitely get a lawyer. I've known two other folks that got off on technicalities in VA and DC...and the friend above probably got a better deal than he would've had he not hired a lawyer.

Good luck.

[Chad Daring]

(10-29-2011 01:16 PM)Steven Lurkel Wrote:  

That sucks, man.

My buddy got hemmed up in similar scenario about two years ago in VA. I think he lost his license for a year, but did minimal (if any) jail time besides the night he got pulled.

Definitely get a lawyer. I've known two other folks that got off on technicalities in VA and DC...and the friend above probably got a better deal than he would've had he not hired a lawyer.

Good luck.

This is the outcome that scares me the most. I need a car to work, and I need to work to keep my student loans and car payments at bay.

The officers made it sound as if the state was pretty lenient on giving out temp licenses to go to work and school, and if thats what I get and it means I cant do much else then so be it, I need to keep my job, or I really will be doing rounds in Dupont lol

[el mechanico]

Looking at it again from the Maryland law standpoint I think a lawyer is a waste unless it's one you know well on the cheap. Get a public pretender from the court and have him work a deal for you.

[wi30]

I'm in the same boat. The cop that got me was inexperienced and was unsure of himself. I passed the field tests but he still brought me in to take a breathalyzer. I refused to blow so I spent the night in jail, but they have no hard evidence against me. I am getting a lawyer and will most likely keep it off my record.

You can probably work a deal by going to classes and getting a breathalyzer installed in your car, but all these things are going to cost money. I have a buddy who is finally cleaning up his DUI and he said the whole thing is running him about 5K.

I know a military guy with a bunch of cop friends who told him convicting someone of a DUI is almost as hard as convicting someone of murder. Just make sure you never incriminate yourself and you should be able to get through this with as little damage as possible.

[Roosh]

You need a lawyer or else you're screwed. You may be able to find one under $5,000.

[MiXX]

Here are the laws broken down by state.

http://alcoholcontrols.com/lebaclibyst.html


Fun Fact:

** Toughest state for 1st offense:

NH has the harshest penalties for DUI. You cannot restore your driving privileges during your 6 month suspension at all, even if it is your very 1st time!!


** Most relaxed State for 1st offense is VA:

In VA, your license gets suspended for 7 days for your 1st offense...that's it!

So, if you're gonna get caught on DUI for the first time ever, do it in VA


Another reason I only drink water when I go out. I never worry about DUI's/DWI's and my Game is tighter than door security at 1600 Pennsylvania Avenue.


Mixx

[Chad Daring]

@wi30

Thanks man, hearing something that sounds like good news is a relief right now

@Roosh

I talked to our resident law man Jdevoy and he said what you said, and not to skimp on a cheap discount attorney, so that's gonna be the next step coming up

@MiXX

Yeah, its gonna be water for me from here on out if I'm driving, fool me twice, and all that jazz.

A weir part of me is glad this happened, its was a mothefucker of a gut check and one that will not be ignored

And Roosh, for the umpteenth time thank you for this forum, you have no idea how it feels to have a place that like that I can come to with a problem like this and be able to walk away with higher spirits and good advice. Thank you man, truly.

[el mechanico]

Chad be careful before you pop 5k on a lawyer. Make sure you ask one what the outcome would be. A good one will know if he looks at the vid and report in two minutes. 5k should = dismissal. Make sure he has a long history of beating them. If they say they could work a deal and have it reduced a public defender may be able to do the same. They know. I see people throw money at lawyers everyday that don't do shit or even return calls after they get paid.

[Smitty]

I know in Northern Va you can get a pretty good lawyer for something like this for $2k if it involves settling out. I can't imagine Maryland is much different. Although, if it goes to trial, etc you can expect to pay closer to $5k.

Listen to El Mech and make sure you know what you're getting for your dollar.

[Easy E]

(10-29-2011 02:15 PM)Roosh Wrote:  

You need a lawyer or else you're screwed. You may be able to find one under $5,000.

Second this.

I have spent a lot of time in DMV classes with drunks b/c I had my license suspended several times for too many tickets. The main reason you want a lawyer is so that you can get a restricted license and not have to do too much additional shit. If you can't afford to go w/o a license, then you will probably need a lawyer.

[el mechanico]

(10-29-2011 05:50 PM)Easy E Wrote:  

(10-29-2011 02:15 PM)Roosh Wrote:  

You need a lawyer or else you're screwed. You may be able to find one under $5,000.

Second this.

I have spent a lot of time in DMV classes with drunks b/c I had my license suspended several times for too many tickets. The main reason you want a lawyer is so that you can get a restricted license and not have to do too much additional shit. If you can't afford to go w/o a license, then you will probably need a lawyer.

Anyone can get a restricted as long as you follow through and make sure you don't miss the window to apply.

[Easy E]

"Anyone can get a restricted as long as you follow through and make sure you don't miss the window to apply."

Hmm, in this case, maybe he should try the public defender route if he is really broke as fuck. Granted, most of the guys I talked to in my DMV classes were multiple DUI offenders.

I know he won't face jail time for a first offense, lawyer or not. I think the OP is mainly concerned with being able to get a restricted license and not having his driving privileges taken away.