Driving While Intoxicated

Breathalizer - margin for error

Ren2009 — Sat, 10 Jan 2009 16:19:13 GMT

Hello,
I did end up hiring a lawyer but would also like to understand a little more about my defense. I'm wondering about the validity of the breatherlizer test based on the variance between the two breath tests administered back to back. Are these some times thrown out or even used to establish a drop rate. Any instight woudl be appeciated. here are my results from the breathalizer:

.156 then .143 three minutes later

3rd DUI in Vermont

Tomtrific — Thu, 19 Nov 2009 10:59:33 GMT

In 1992 I got back-to-back DUIs (both misdemeanors) in my home state of Oregon just after my wife announced the break up of our 18-year marriage--two very stupid and costly mistakes made at a very difficult time in my life. These were the only black marks on an otherwise good 35-year driving record--until I moved to Vermont about five years ago.

I had been in Vermont less than two months, and on my night off I went to a bar and had four drinks (two 16-ounce draft beers and two mixed drinks) in the 3 1/2 hours I was there playing a golf video game. I then left the bar to go to a restaurant to eat, and as I pulled out of the bar's parking lot and onto the road a cop passed me going the other direction. I saw him make a U-turn, and then he followed me to the restaurant less than a mile up the road, and pulled up beside me in the parking lot as I was getting out of my vehicle. He told me he had followed me because I had an out-of-state temporary license sticker on my rear window which he didn't recognize. I didn't violate any rules of the road, was not driving irratically, was wearing my seat belt--In short, I had done nothing wrong. He gave me the usual roadside tests after I told him I'd been drinking, and he felt he had suffficient cause to take me to the station for a breath test. I took the breath test 45 minutes after I'd finished my last drink, give or take two minutes. I blew .088% (state limit is .08%), he then charged me with a DUI I, and was kind enough to drive me home.

I work in a hospital lab. I not only perform blood alcohol analysis, it's also my responsibility to perform the quality control and the calibrations on all of the chemistry tests we run in our lab, including ethanol. I know a great deal about alcohol analysis and alcohol metabolism--possibly as much as anyone in the state of Vermont. I know all about the inherent inaccuracies of breath testers, and all of the infinite variations in human health status, physiological differences, and testing conditions that breath testers cannot possibly differentiate for--which makes their results nothing more than a guess. I also know fairly precisely how much alcohol I'm consuming, at the time I'm consuming it, I know how fast I'm absorbing it and eliminating it from my bloodstream, and I know without question that I was nowhere near the legal limit at the time I was driving, nor did I exceed it at the time I was tested.

I appeared in court without a lawyer. I honestly believed the judge would take one look at the evidence, see that no rules of the road were violated, see that I was barely over the limit 45 minutes or so after I'd been driving, and after my alcohol level had risen considerably since driving, and then would throw the whole thing out for lack of anything resembling evidence. However, when I got to court, the clerk told me I was being charged with a DUI III, which is a felony. One thing I did NOT know is that in Vermont, all DUI convictions are kept on your record permanently, and the third is a felony. I had spoken to the Oregon DMV long ago, and they had told me that DUIs are removed from your record after ten years. I've since learned that's not the case--they're not removed from your record, but can't be used in court against you after a certain period of time.

I got an attorney, and eventually I was offered a plea bargain--plead guilty to a DUI I or go to trial for a DUI III. So my options were to fight a felony charge in court with a jury who most likely wouldn't adequately understand alcohol metabolism and analysis, nor would likely be sympathetic to anyone charged with a DUI, and face losing my career and going to prison, or plead guilty to a crime I didn't commit. So I chose the lesser of two evils and pleaded guilty to the DUI I charge.

This has done a great deal of damage to my life, although I'm grateful to have an understanding employer--I didn't lose my job. But I still feel that I was put in a position I never should have been put in, and none of this should have happened if the justice system had acted responsibly and in compliance of its own laws. Does anyone know of any way I can rectify this bogus crime? The DA's so-called "expert" presented his retrograde extrapolation affidavit which showed my BAC to be .097%-.110% at the time of driving. Any toxocologist could take one look at that, laugh, and show that the "expert" completely eliminated the absorption phase of alcohol metabolism from his calculations, thereby falsely elevating, rather than lowering, the actual BAC. And yet they permit this type of "evidence" in the State of Vermont. Any help I could get in this matter would be most gratefully appreciated.

Question About New DWI Law Passed In NY Today

TraversingDude — Fri, 20 Nov 2009 04:41:44 GMT

NYS passed a new law today http://assembly.state.... stating that those convicted of DWI have to have an interlock installed in their cars. Does this also apply to all those previously convicted or just the newly convicted?

FLORIDA LIFETIME REVOCATION

jrico63 — Thu, 12 Nov 2009 20:53:47 GMT

I am a husband and father of five children. I came to Florida back in 1986 after serving my time in the U. S. Army. After a couple of years here I met my wife, whom as of today, I've been married to for the past 20 years. I also decided to attend school to seek a profession in the automotive industry as a technician. I have been doing this profession now for the past 20 years also.

I acknowledge that there was a time where I made a few mistakes during my adult life; one of those decisions led to a DUI arrest. The last DUI arrest, resulted in my driver's license being suspended for life.

For the past 12 years, I have stayed out of trouble. I made the decision that it was time for me to change my life, so that I may provide my wife and children with a good life. I worked hard, saved my money, and set goals for myself that would benefit my family. One of those goals I set and accomplished was to purchase my first home. I bought my home 3 years ago now.

Now the economy has taken a dive for the worse, and I have lost my job in the process. I've been unemployed for the past 3 months. I am also having a hard time acquiring new employment. I have been applying to job, after job, after job, but to no avail; everywhere I go I am rejected for employment, due to my license revocation.

Now I'm facing foreclosure, I have bills I need to pay, my children have necessities that need to be met. I have no income at this time, I'm worrying and having sleepless nights about what am I going to do next.

I have always worked hard, but right now I just feel useless, because I can't provide for my family. I wonder everyday what is going to happen to us. What will happen if we lose our home? I know for a fact that if I had my driver's license right now, I'd be working right now. Yet, to no avail, I haven't been able to attain any type of employment as of lately.

I want to work, I'm looking for work, but no one will hire someone who doesn't have a driver's license. The automotive industry is the only thing I've ever known. Being a technician is all I've ever done. Please tell me, or direct me to the right path of what should I do so that I may continue providing for my family, and being productive citizen in my community.

I hope that you will consider my letter, and help me or at least point me in the right direction. Thank you for your time, I hope to hear from you soon.

DUI IN CALIFORNIA, DA TRYING TO THROW THE BOOK AT ME?

mruiz917 — Tue, 17 Nov 2009 06:45:22 GMT

SO AT MY ARRAIGNMENT I WAS INFORMED MY BAC WAS 0.19, I WAS OFFERED 6 MONTH PROGRAM, WATCH THE MADD VIDEO, WORK IN THE MORGUE, AND 10 DAYS COMMUNITY SERVICE.

THIS IS MY FIRST OFFENSE, IS THIS TOO MUCH. IM IN COLLEGE AND I WORK 2 FULL TIME JOBS. I DONT HAVE TIME FOR THIS, AND IF I DO THE JAIL TIME ILL LOSE EVERYTHING.

WHAT SHOULD I TELL MY PUBLIC DEFENDER AT MY PRE TRIAL, I WANT A BETTER DEAL AND ILL PLEAD GUILTY TO THE CHARGE.

WHAT DO YOU THINK?

DUI in CA, Not us Citizen, Not living in the US

juanchox14 — Thu, 12 Nov 2009 14:53:08 GMT

Hi, I just plead No contest on a first time DUI case in ventura County, CA. Now i have a 36 month probation period, but i am not living in the us. How does this work, What should i do? I dont want this problem go scale up more than already is.

Florida Lifetime Drivers License Revocation

frankman007 — Thu, 15 Oct 2009 15:55:48 GMT

I received my 4th DUI in Florida and was given a life time drivers license revocation. I have totally turned my life around and am wondering if it would be possible to get a governor's pardon for this revocation. I totally quit drinking 7 years ago and I am heavily involved in helping others who are trying to stop drinking alcohol and using drugs. My offense on the 4th dui was in 1995 when you could get a hardship license but in 1998 Florida changed the law to a lifetime revocation for your fourth DUI. I had not been able to apply for the hardship because I was still going through my wait period to be able to apply for the Hardship License. When the wait time was up, I was told that I had a permanent revocation and couldn't get a hardship. I would think that after 14 years that there would be some way to get at least a hardship license back. I never hurt anyone and was never in a car accident. I simply was going through a bad time in my life and admittingly was out of control but I wasn't one of the situations you hear about where people were killled or injured and the driver either keeps driving illegally or is somehow able to retain or get back their license. Not haveing a drivers license for the past 14 years is certainly a sufficient punishment for my crimes. Does anyone know of a similiar situation where someone was given clemency or a pardon for this type of circumstance? I would appreciate any help that can be provided.

Frankman 007

2nd DUI CA Court ordered 9 month program DMV ordered 18 mon

daviddd — Sun, 15 Nov 2009 08:35:13 GMT

I recieved my 2nd DUI in 1/09 and the court ordered me to a 9 month program. The public defender told me the courts did not notice my prior DUI and told me to continue on with it. The assesor told me that later on that I would have to do a 18 month program due to the DMV so when I went to register with my DUI program and they would only let me do the 9 month as instructed on my court papers.

I recieved a notice from the DMV that I must do a court specified 18 month or 30 month program but the court ordered me a 9 month. I tried to switch to a 18 month but they would only assign me to whatever my court papers said for me to be in. Now im confused on what I should do. Who do I speak with to correct this error? Im currently enrolled in the 9 month program and have about a month left. I just want to get this straightened out so I can never commit such a dumb mistake again. Thanks in advanced.

1st Offense OWI in Fot Wayne, IN

erica817 — Fri, 13 Nov 2009 22:42:39 GMT

November 6, 2009, at about 2 a.m., I was driving home with my friend in HER car, a little intoxicated. About 2 minutes away from her house, I saw cop lights in my rearview mirror, and instantly looked at the speedometer. I was going 58 in a 45mph zone. He gave me a breathalizer without saying why he pulled me over. I blew a .09. He gave my friend a breathalizer and she blew a .08. She is 19, I am 20. He put me in handcuffs and took me to jail. He then told my friend to go home. When we arrived at jail, he then took my BAC 2 more times, and I blew a .08, which was about 30 minutes after I had gotten breathalized the first time. Cops told me I was going to be held here until Monday, my court date. I called my mom, and she paid the bail of $75. We went to court on Monday, and I plead guilty, and they told me I had to go to CDS (which is probation) and that my "sentencing" date was December 3rd. I am in the Army National Guard, trying to go to Air National Guard. They told me that unless this offense was taken off my record, I wouldn't be able to get into the Air Guard. I talked to a retired lawyer, and he told me to ask the judge for Deferred Prosecution, and I've been looking it up, but I would like to know how long my license will be suspended, if I will be able to get a hardship license, and if I do ask for Deferred Prosecution, how long will it take for this crime to be taken off my record. If you need any other information, please feel free to ask. I need help fast.

DUI in CA, Not us Citizen, Not living in the US

juanchox14 — Thu, 12 Nov 2009 14:53:10 GMT

Is it legal??

Gr82meetu — Tue, 10 Nov 2009 17:22:43 GMT

I backed into a parked car while pulling into my driveway. I let the parties know it was me, and told them I would be right back, I needed to go inside and check on my daughter. When I came out the police were already there, gave me a field sobriety test and arrested me for a DUII. The question is, even though they determined me to be over the limit, is it legal to arrest someone if they are not driving?

recovering funds

phil fried — Wed, 04 Nov 2009 20:56:43 GMT

currently i am embattled in a case that has cost me close to or over $20,000 in lawyers fee's. what i am looking for is to find out if any of those funds are recoverable? the case has been going on since july 23rd 2008 and still going at present.basically i am fighting the case because it is barely a violation,and my lawyer and i both feel it is very WIN-ABLE. PLEASE ADVISE OR HELP IN ANY WAY IS VERY MUCH APPRECIATED

thanks alot,

PHIL FRIED

DUI in CA

1yearaway — Wed, 04 Nov 2009 19:34:31 GMT

13 months ago I was pulled over for driving under the influence. I was supposed to appear in court about a month later for my arraignment. When I went to court I was told the files must not have been processed yet because they don't have anything for my case. I was told to call the court every two weeks to check and see when my court date would be. It's been over a year now, I've called every two weeks, and still the court has nothing and I haven't had any arraignment or court date set. Isn't there some type of statute of limitation that requires I have my arraignment within a year?

Minnesota is preventing my California Driver License renewal

Winelf — Mon, 02 Nov 2009 16:06:05 GMT

I am in a predicament here and not sure where to do or even what questions to ask to whom.

14 years ago I was arrested in Minnesota for driving under the influence. My ONE and ONLY DUI. I spent the night in jail and when released highered a lawyer to handle the case for me. I paid him his fees and visited his office a couple of times and thought everything was taken care of. At that time I had just found I was HIV positve and it was a dark time. I ended up getting the treatment and mental health care i so desperatley needed. I Left Minnesota and moved to Maryland and then back home to California. As far as I knew everything in regards to my DUI was covered. I applied for a drivers license here in California when II returned and have renewed it twice before this happened. When I went to renew my license this year at the DMV I was told to call the Minnesota Department of motor vehicles. They proceeded to tell me that I owed the state 670.00 for not taking a breathalizer test when I was arrested. I freaked out because I thought this was taken care of and there is no way I can possibly afford paying this fine being on Social Security Disabilty. I asked if there was anyway I could talk to someone and was told NO pay the fine or you will have no license. In desperation I asked what about a payment plan and again was told NO pay all at once and now or no license. I dont know what to do honestly I am so in between a rock and a hard place. I need my license to drive, I have doctors appointments and therapy and taking mass transit is just not ok with me especially these days in a violent world. Help!!! If you have any advice or direction I can go.

DUI in 2001 in MT, revoked license. Will they reinstate?

hannahkaye — Fri, 30 Oct 2009 00:38:38 GMT

I had a DUI in Montana in 2001. Afterwards, I was required to go to classes, which I could not do due to being unable to transport myself anywhere. As some of you know, MT has small cities and no public transport, very rural. So my license is still revoked indefinitely. I moved to Chicago to being my professional career, etc, and have done very well. I would like to have it back, but will MT allow me (or lawyer) to take the required classes out of state and then pay the fines? I cannot just move back to MT and drop work to take those classes to appease them, it makes no sense for me. Any idea on how much it will cost to have a lawyer do this work for me? (oh and my record has been crystal clear, obviously, for the past 7 years, due to not driving)

California DUI but living abroad

OaklandSH — Thu, 22 Oct 2009 08:31:36 GMT

I recently got charged with a first offender DUI offense in Feb 2009 while on a visit home from China. I currently work abroad in China, but am a US citizen with a CA driver license, and do not know when I will be moving back to California. May be one year, may be five.

I recently went back and have payed off all my fines, the only things outstanding is my DUI class fullfillment.

Here are a few situations i would like to clarify:

1) Is there any way to fulfill the class while abroad? Are there any other options for those living abroad?

2) Someone told me I can submit a waiver to the DMV stating that I will not be returning within the next 3 years, then when I return after 3 years, i can apply for my license without completing the DUI classes. Is this true?

3) Lastly, there may be a chance that i will be put on a 3 month project in California next year, in which case, would be necessary to drive. If this is the case, are there any options to get a restricted license. Perhaps by enrolling in a school? is there a certain period you would have to complete this by? do i have any other options?

Thanks

DUI Florida - Please Help!!

skies1 — Tue, 15 May 2007 12:40:44 GMT

My fiance had 4 DUIs in Florida over 20 years ago. At that time he was able to go into the supervised school. This condition was he had to fly to Florida once a month for the rest of his life. At that time he was in the military and deployed in different areas where he eventually for financial reasons and the military could no longer do this. All this fell on deaf ears and the state did not care. He stopped going and his license was then revoked forever. We are now trying to get him back into the program but because the statutes have changed, he's denied. We've hired attorneys but that hasn't helped either. We live in NJ and even have a legislator looking into it, but it all comes back to go to the source which is Florida. I think the only possibility would be to try to go back and attempt to have one of the convictions overturned (20 years later). However, I did speak to an attorney in Florida who said although its not legally impossible, the chances of it happening would almost be nil. Should I look only for an attorney who has had some success in this or is this just dead and I should save the money. Please if some one could give me some type of guidance or direction I would be so grateful. This man served 23 years in our United States Service and we can't help him out for mistakes that happened 20 years ago, in which he served time and paid fines. I just feel this is a concrete 8th Ammendment violation of cruel and unusual punishmnet. Even most murderers have a time limit where they pay their sentence and get on with their lives. This lifetime issue is plain wrong. Thank you for hearing me out. Furthermore, he has not had a drink in 20 years. If there are any attorneys out there reading this and youmhave or know someone with experience in overturning a conviction, please let me know. Thank you.

Police Report data not matching with Video

dumayou — Tue, 29 Sep 2009 12:30:59 GMT

My attorney finally received the police report and video of the case. While we review the video and the data on the police report show not correct. On the report stated that I had two breathalyzer exam at the station for the block of time stated on the report. But clearly on the video the breathalyzer machine was not function correctly and the police officers was trying to fix it. I only got one reading and the number for the second reading is make up. Also the time stated for the second reading I was just standing there doing nothing.

I want to know is there a chance I get fight that? since the cop is making up the number on the report. The video clearly show that.

Thanks

13 years later

cookie18purple — Wed, 22 Jul 2009 14:06:50 GMT

13 years ago my husband was arrested in our home for a dwi...someone had apparantly seen him parked on the side of the road tried to wake him and could not....went home and called police....when the police came they asked him to take a breath test...he refused not knowing why they were there.....he was charged with resisiting arrest which he served probation for as well as alchol counseling...13 years later he received a summons regarding the dwi, breath test and reckless driving....he is now 100% disabled with a neuro disorder which has prevented him from not only remembering the incident but from participating mentally in his defense....We have applied for and received the help of a public defender in the town where the incident occured but I have some concerns first of all We do know via the judge and the court clerk that they just received this summons from the district court this past may, does this not mean that they have violated his right to a speedy trial? as no-one actually saw him drive can they actually prove he drove the vehicle? and finally as he cannot defend himself mentally should he not be declared incompetant I do have a letter from the doctor? as well he has not and cannot no longer drive and has not renewed his drivers license.

States That Don't Count Out of State DUI

m1lkman — Wed, 23 Sep 2009 05:53:31 GMT

This is a general DUI law question.

I am recently through the entire process of my 2nd CA DUI. First was in 2004, second in 2007. I won't go into specifics other than to say I was convicted both times and have served/paid all penalties, taken all classes, complied with all rules and am now serving my 3 yr probation due to end in 2010. I have my license back, full driving privlege and no restrictions as to my leaving the state for any reason.
My question is: which state(s) do NOT carry over DUI convictions as a factor in prosecuting a DUI in that state.

For example, I have heard and read that if I move and get a valid Wisconsin DL (give up my current CA DL) and then get a DUI in Wisconsin I will not be charged with a 3rd DUI because of their state laws.....I would be charged with a 1st offense DUI.

Now, I am NOT planning on wantonly going to another state to drive drunk, however the risk factors and the time periods involved in CA coupled with my job flexibility make a state's DUI laws a factor in my decision making as I am already planning to move....

Here's the Wisconsin links:

http://www.vanwagnerwo...

http://www.vanwagnerwo...

....is this still the law and what/if any other state laws are similar?

Thanks for your assistance.

I have soooo many legal problems here in Cali

BlueNCali — Sat, 19 Sep 2009 05:56:48 GMT

I have I think 3 speeding tickets in collections, I just recently got a ticket @ a Check point 4 possesion of Marijuana & a D.U.I. for driving under the influence what could I be looking at?

DUI Refusal Georgia very questionable need help

coreyocon — Thu, 27 Aug 2009 20:19:39 GMT

Okay so I am an 18 year old college student at [name removed] Universi... I had been drinking earlier in the night although it was not much I do not believe I was noticeably under the influence. Upon arriving at my apartment complex and unable to find a parking spot I went up and down the rows trying to find one. In the parking lot intersection of rows an officer was pulling in front of me as I was going left. We both stopped and I proceeded to make a left at the officer. She had her window down and said hey let me talk to you for a second, I said okay and she then turned her blue lights and asked for my my liscense and registration. I told her I had been coming from Huddle House getting something to eat and was looking for a parking spot. She said have you been drinking and I said no she asked me for a field sobriety test which I took and believe I passed although they didn't say anything about it. They asked for a breathalizer and I said no, they then asked for a blood test and I said no to that too. If any of you guys can give me some input or things that I need to do it would be much appreciated. I believe this could be dropped or reduced or something and I am currently charged with DUI refusal.

Thanks

Mock Trial

lawteacher — Wed, 16 Sep 2009 16:25:07 GMT

I need a DWI mock trial for my high school case.

I am a Instructor for the Criminal Justice Course.

Thank you.

Had my 2nd DUI hearing and still denied any permit & license

Red2goBlue — Wed, 16 Sep 2009 02:36:27 GMT

Hello,

I live in Illinois. I had my first DUI back in 2006 and a second DUI in 2007. I have not driven since 2007 nor have I consumed any alcohol since that night. I have completed all my courses and paid my fines well before the time was up.

After my first DUI, I entered a drug and alcohol treatment center on my own will. It was a year long program and inpatient. I went through the program and a couple months after I was out of the program and back out in the real world, I got another DUI but right after that DUI I realized what I was doing and had stopped drinking all together. I will have been abstinent for 2 years now ( on November 5th).

I was eligible to apply for my license as of December of 2008. I applied for my first hearing which was in March of 2009. I was evaluated at that time by my evaluator as Significant Risk. They denied me as they said I was not involved with a program to keep me abstinent. They also stated that my 1 year of treatment has failed (which I dont believe they said that). They stated that I denied being an alcoholic or chemically dependent as I stated to them that I was abstinent for close to 2 years and have not had any alcohol to drink. They denied me because of suspected misclassification

So what I did was join a local AA club. I have been doing the AA meetings twice a week since March of this year. I am reading a self-help book as well on AA and the 12 steps. I keep involved with Teen Challenge (the program I was in) by volunteering every other Saturday to help at their thrift store. I was re-evaluated by my evaluator who then classed me higher as high risk. I applied for my 2nd hearing in April. My hearing was in July. This time they denied because of chemical dependency, relapse potential and possible need for additional treatment.

I do not understand why I keep getting denied. I have done what they have wanted me to. I am involved with AA and in Teen Challenge. I am working on the steps and reading self-help books to educate me on the disease. I have 2 accountability partners to keep me in line and I stay in touch with them weekly. Is there anyone out there that knows or has been through this type of situation? any suggestions?

I thought about getting a lawyer but I dont have the money to afford one.

Please help!! WHAT DO I DO??? DUI program in California

dui0826 — Tue, 26 May 2009 23:08:23 GMT

I got a DUI ticket back in 2007 (the night before I went study abroad) and I totalled my car that night.

I came back a year ago for the court, I paid my fine and everything.

And I just recently moved back. Before I came back, I called DMV to ask how to get my license back. DMV told me to do whatever the court tells me to do. So I called the court, the court told me that my license was suspended for 6 months and there is no record of requirng me to go to a DUI program.

So I went to the DMV to get my license back. The DMV clerk told me that I need to attend a DUI program and obtain SR 22. I asked where I go for the DUI school, she told me the court would assign me one to go to. I called the court the second day. But the court clerk again told me that there is no record saying that I need a DUI program.

My question is, what do I do now?!?! Can I just find a DUI program myself?!?! Or do I need to go back to the court again??

I called 2 DUI schools in San Francisco area, they seemed not having an answer for me.

Thanks very much