It's funny how many perfect people have responded to this thread - no one drinks, smokes, uses drugs, talks on a cell phone while driving, steals cable or gambles. It must be nice being perfect. Don't tell me how one thing it better than the other because I don't care, just look at yourself in the mirror before you start ripping someone up.
Anyone ever get DWI? need advice
- Thread starter Magic_01
- Start date
It is nice to see how many law abiding citizens we do have on the forum. 1.8 is about 4 beers in the first hour and one beer/hour until you drive home. That's not blind drunk.
Getting a lawyer shows that you are taking the offense seriously and will limit your time on suspension as well as save you on the fine. It's been a long time since I had my DUI, but I think the lawyer can also get the charge expunged (taken off of your record). It is the best investment that you can make right now. If you don't have the money right now, borrow it from a family member or from Visa. It's well worth it in the long run.
Getting a lawyer shows that you are taking the offense seriously and will limit your time on suspension as well as save you on the fine. It's been a long time since I had my DUI, but I think the lawyer can also get the charge expunged (taken off of your record). It is the best investment that you can make right now. If you don't have the money right now, borrow it from a family member or from Visa. It's well worth it in the long run.
Magic, I had 1 about 12 years ago. The arresting officer pulled me over for failure to dim my lights. I was clearly in the wrong. Tested out at 1.4. Legal limit then was 1.0. I got an attorney and got the charge reduced to reckless driving. This cost me a total of about $1800. Money well spent because there is no record of a DWI on my record. If you do not get this reduced it stays on your record for 10 years. Another thing if you would happen to get a second DWI they will really throw the book at you and will proably do some jail time. My suggestion to you is get an attorney. Good Luck.
Magic-
I got a DUI here in Illinois and at the time it was .10 and blew a .12 on Christmas Eve. This is what I did without a lawyer.
I went to the states attorney assistant that was handling the case and asked what all was going to happen and what I was required to do. He said get the alcohol evaluation and start the classes now so that all that stuff is taken care of before you go before the judge. He helped me out alot but still you get the better than you attitude but as you did I did also and fuked up. I went before the judge and had all the stuff with documentation and pleaded guilty to DUI but after 6 months probation would be dropped down to a summary of suspension of liscence. I lost my liscence for 3 months and paid a $ 425 fine. BY doing all this ahead of time they dropped 2 other tickets. The ole play along and it goes a little easier deal.
I really don't know if alawyer would of did better, but I know he would not of gotten me completely off the offense. Also each laywer I talked with wanted $1000 just to start.
I think it is up to you and talking the Assistant States Attorney couldn't hurt. Also it sure does seem there is alot of saints in this thread.
One other thing does your ticket say you blew 1.8 or .18- because if it says 1.8 you might have a case. At a blood alcohol level of 1.8 you would be dead I believe.
good luck
just cover
I got a DUI here in Illinois and at the time it was .10 and blew a .12 on Christmas Eve. This is what I did without a lawyer.
I went to the states attorney assistant that was handling the case and asked what all was going to happen and what I was required to do. He said get the alcohol evaluation and start the classes now so that all that stuff is taken care of before you go before the judge. He helped me out alot but still you get the better than you attitude but as you did I did also and fuked up. I went before the judge and had all the stuff with documentation and pleaded guilty to DUI but after 6 months probation would be dropped down to a summary of suspension of liscence. I lost my liscence for 3 months and paid a $ 425 fine. BY doing all this ahead of time they dropped 2 other tickets. The ole play along and it goes a little easier deal.
I really don't know if alawyer would of did better, but I know he would not of gotten me completely off the offense. Also each laywer I talked with wanted $1000 just to start.
I think it is up to you and talking the Assistant States Attorney couldn't hurt. Also it sure does seem there is alot of saints in this thread.
One other thing does your ticket say you blew 1.8 or .18- because if it says 1.8 you might have a case. At a blood alcohol level of 1.8 you would be dead I believe.
good luck
just cover
Forgot to add. I was put on probation for 6 months and was witout a license for about 7 weeks. Also had to take alcohol abuse classes.
Magic, out of curiosity how long were you out for and how much do you weigh? I talked to a buddy of mine who is a state trooper he said theres a specific formula your lawyer could use to show/prove if you were only out for x amount of hours and you weigh such and such it would be hard for you to blow a .18. I guess since you already blew and had blood drawn its a moot point but it might help if your lawyer could say I dont know, it was his mouthwash or something.
magic:
first sorry for the problems that are in your life now...
never happened to me but i am sure they were quite a few times that i was over the legal limit...
the reason i replied is that i have a friend that is dealing with it now...
I am in NC, so i dont know your rules for DUI or DWI's there.
this is what he did....
he got a lawyer....cost a bit...but in his eyes (and ours as friends)it was worth it...he shopped around for price and also how he felt about the the lawyer also...
he final result was a fine and 1 year with breather on his ride..meaning that he has to blow into the regulator every time before he starts his car...if it reads ANY alcohol, the car will not start.there would be additional fines and/or months added on if the reader blew positive more than once in a month..he has to get it recalibrated once every 2 months too....his most important factor was that he needed to get to and from work every day and couldn't always relies on friends for that...we take him out on the weekends..so he doesnt even have to worry about it...his year will up in november but he feels that he has definitely learned a lesson....
he also did not want his parents to know since he is a recent graduate of college and wanted to show responsibility...luckily his cousin fronted him the $$ for the lawyer, court costs and the maintenance fees for the car breather....he paid him back within a few months when he started working his full-time job
the other options included losing your license for a year and other fines, etc....
overall he ponied up the $$ for the lawyer because he knew that it would be his best chance to get the verdict he wanted....i.e. the regulator so he could continue to drive with his license...
you will have to decide what is best for you, but definitely look up the laws on what will probably happen in your state....
i would say go with a lawyer, but i am not in your shoes....
the best of luck with it all
toy
first sorry for the problems that are in your life now...
never happened to me but i am sure they were quite a few times that i was over the legal limit...
the reason i replied is that i have a friend that is dealing with it now...
I am in NC, so i dont know your rules for DUI or DWI's there.
this is what he did....
he got a lawyer....cost a bit...but in his eyes (and ours as friends)it was worth it...he shopped around for price and also how he felt about the the lawyer also...
he final result was a fine and 1 year with breather on his ride..meaning that he has to blow into the regulator every time before he starts his car...if it reads ANY alcohol, the car will not start.there would be additional fines and/or months added on if the reader blew positive more than once in a month..he has to get it recalibrated once every 2 months too....his most important factor was that he needed to get to and from work every day and couldn't always relies on friends for that...we take him out on the weekends..so he doesnt even have to worry about it...his year will up in november but he feels that he has definitely learned a lesson....
he also did not want his parents to know since he is a recent graduate of college and wanted to show responsibility...luckily his cousin fronted him the $$ for the lawyer, court costs and the maintenance fees for the car breather....he paid him back within a few months when he started working his full-time job
the other options included losing your license for a year and other fines, etc....
overall he ponied up the $$ for the lawyer because he knew that it would be his best chance to get the verdict he wanted....i.e. the regulator so he could continue to drive with his license...
you will have to decide what is best for you, but definitely look up the laws on what will probably happen in your state....
i would say go with a lawyer, but i am not in your shoes....
the best of luck with it all
toy
In regards to some of the questions.
I was almost sure the breathalizer read 1.77 to be exact when I took it, but I did not blow in it correctly, and stopped during it and started again when the cop said to continue.
On the ticket it don't say an amount I blew... it actually says DWI 1st offence .08 (1st offence .08 was wrote by the cop)
does that mean he made a mistake and wrote the wrong amount on my ticket?
As far as how much I drank and for time I drank.
I started with about 4 mixed Vodka drinks, fairly stong in about 2 hours. Then went out to a friends and had about 6 beers in the next 2 hours, and then about 3 more in the next hour. Then one drink of a mixed Everclear drink.
Thats about it. I weigh about 165 lbs.
When I talked with a lawyer today he also said that those breathalizers always read a few points high and actually I am probley at a 1.3 or .13, whatever it is suppose to be. Maybe the cop made a mistake on the report with the BAC with a 1.77 instead of .17? this might be a loop hole?
Thanks for all the help, keep the advice coming.
I was almost sure the breathalizer read 1.77 to be exact when I took it, but I did not blow in it correctly, and stopped during it and started again when the cop said to continue.
On the ticket it don't say an amount I blew... it actually says DWI 1st offence .08 (1st offence .08 was wrote by the cop)
does that mean he made a mistake and wrote the wrong amount on my ticket?
As far as how much I drank and for time I drank.
I started with about 4 mixed Vodka drinks, fairly stong in about 2 hours. Then went out to a friends and had about 6 beers in the next 2 hours, and then about 3 more in the next hour. Then one drink of a mixed Everclear drink.
Thats about it. I weigh about 165 lbs.
When I talked with a lawyer today he also said that those breathalizers always read a few points high and actually I am probley at a 1.3 or .13, whatever it is suppose to be. Maybe the cop made a mistake on the report with the BAC with a 1.77 instead of .17? this might be a loop hole?
Thanks for all the help, keep the advice coming.
So 13 drinks in 4 hours, plus an Everclear drink. I was the social chairman of our fraternity for two years, so I remember that shit is 190 proof - 95% pure grain so I dont know how many that counts as. Dont really know how that all calculates out.
the everclear wasn't an entire drink, a friend of mine had it, and I took a few drinks out of it.
Kind of confusing how I listed it as a full drink, just about 2 drinks out of it.
Kind of confusing how I listed it as a full drink, just about 2 drinks out of it.
Magic, I have a chart that tells how many drinks it takes to get legally drunk. The vertical column lists weight in 20 pound increments, and the horizontal column lists number of drinks. You lose roughly one drink per hour. I figured you had 14 drinks in about a six hour time span, and that is not giving you extra credit for the "Everclear". (Your lucky you only hit a curb, and not a car after drinking that stuff) 14 drinks minus 6 (hours of drinking) puts you at 8 drinks in your system and for someone at a buck sixty, that puts your BAC at .161. That .177, you can probably thank the "Everclear" or the stiff vodka drinks.
I think I suggested this earlier, but get a GOOD lawyer. If you know anybody wealthy or influential in politcs, or know someone who does know anybody like this, ask them who they would go to for help. There are lawyers who get things done and this is someone you need.
Good Luck
I think I suggested this earlier, but get a GOOD lawyer. If you know anybody wealthy or influential in politcs, or know someone who does know anybody like this, ask them who they would go to for help. There are lawyers who get things done and this is someone you need.
Good Luck
First off get a lawyer and listen to him.I got one 8 years ago and had a great lawyer. He was able to beat it on probable cause and made the cop look stupid and I blew a .11. The law was .10. This guy was smoke he is a judge now. I know the rules are different today. His last words of advice to me, were no road test don't blew be as nice as possibly and say you feel sick. I'll beat it everytime? Don't know if that will work today but that was his advice. I got very lucky. Good luck and get a lawyer.
Some of the responses I have read here make me want to f*cking PUKE!
Take some responsibility for your actions.
Take some responsibility for your actions.
Tell them that you burped in the breathalizer causing a misreading.
What was the result of the blood test??
What was the result of the blood test??
Marine
My guess is you didn't have a cocktail and 'f*ck the prom queen'. I think Magic has been asking for guidance. Magic, hire an attorney. You are going to have to pay some hard earned $$$, more without legal counsel. Had a buddy here who did not blow last March, refused field tests, but was on tape. Attorney could not get the charge dropped because of the tape. Ran him through court BEFORE the DWI Law in Texas changed Sept 1,2003. One year probation, no alcohol for one year, random urine testing , 3 wk driver course, occupational DL to & from work, 6 month suspended DL, MADD class, 1st offense, plus auto insurance (and probably more) cost him about $3300.00-$3500.00, or a 90 day sentence and a $2000.00 fine. It has about tripled since Sept. 1, Texas is getting tough on drinking and driving, signs at the borders read, "YOU CAN'T AFFORD TO DRINK AND DRIVE IN TEXAS"
Good luck to you, pay for legal help and take a cab the next time.
BTDB
My guess is you didn't have a cocktail and 'f*ck the prom queen'. I think Magic has been asking for guidance. Magic, hire an attorney. You are going to have to pay some hard earned $$$, more without legal counsel. Had a buddy here who did not blow last March, refused field tests, but was on tape. Attorney could not get the charge dropped because of the tape. Ran him through court BEFORE the DWI Law in Texas changed Sept 1,2003. One year probation, no alcohol for one year, random urine testing , 3 wk driver course, occupational DL to & from work, 6 month suspended DL, MADD class, 1st offense, plus auto insurance (and probably more) cost him about $3300.00-$3500.00, or a 90 day sentence and a $2000.00 fine. It has about tripled since Sept. 1, Texas is getting tough on drinking and driving, signs at the borders read, "YOU CAN'T AFFORD TO DRINK AND DRIVE IN TEXAS"
Good luck to you, pay for legal help and take a cab the next time.
BTDB
BTB,
I enjoy a drunken stupor now and again. But reading some of these responses, they are not offering him "help and guidance" they are telling how to try and beat the system and weasel his way out of it all.
I enjoy a drunken stupor now and again. But reading some of these responses, they are not offering him "help and guidance" they are telling how to try and beat the system and weasel his way out of it all.
Told him to hire an attorney and next time take a cab. I'm not throwing rocks at anybody. Can you honestly say you have never been behind the "wheel" a little too juiced. I can't.
get a good lawyer
get a good lawyer
After a DUI my buddy got freindly with and then asked some state troopers at the donut shop (actually a cafe) and they said "oh! (so and so) lawyer always beats us". Worked for him to weasle out of it and stay on the road until next DUI (or death....)
when TX legislature debated lowering limit to .10, the founder and former leader of MADD testified against it! She said this would mainly hit the social drinkers and divert more resources from the real problem drinkers. The current MADD folks testified against and criticized her!
get a good lawyer
After a DUI my buddy got freindly with and then asked some state troopers at the donut shop (actually a cafe) and they said "oh! (so and so) lawyer always beats us". Worked for him to weasle out of it and stay on the road until next DUI (or death....)
when TX legislature debated lowering limit to .10, the founder and former leader of MADD testified against it! She said this would mainly hit the social drinkers and divert more resources from the real problem drinkers. The current MADD folks testified against and criticized her!
Marine, this thread isn't about "taking responsibility for his actions." If Magic wants to do that, he will learn from this experience, and make better decisions in the future.
If you think the justice system is fair, you are terribly misinformed. It is all about "not what you know, but who you know." I think most people here are trying to help him make this bad situation a little better. Anyone who goes to court, not represented by a lawyer is at major disadvantage right off the bat.
Sorry your a little under the weather today. Drink some 7-UP and that should help your tummy out.
If you think the justice system is fair, you are terribly misinformed. It is all about "not what you know, but who you know." I think most people here are trying to help him make this bad situation a little better. Anyone who goes to court, not represented by a lawyer is at major disadvantage right off the bat.
Sorry your a little under the weather today. Drink some 7-UP and that should help your tummy out.
One bit of advice I have definitely learned in 3 or so years of having an attorney-fiance is this attorneys are definitely a get-what-you-pay-for commodity. I know money is a consideration but I strongly urge you to borrow money or charge it if you have to, get the highest price guy you can who has experience doing these types of cases. If you just hire some Joe who has no experience you end up paying him 10 hours of research time for him to look up the precedent and case law. A guy who has done this before will know that cold.
