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I got arrested for a DUI 2 weeks ago (1 Viewer)

IC FBGCav

Footballguy
So it was a Friday. I woke up around 9pm. I was hungry and had bad heartburn. The wife was staying at her mom's and took off to Culver's to get a burger and a mixer. The mixer is ice cream.

The ice cream didn't fix the heartburn so I decided to go get some milk.

It is around 10pm at this time. I drive to a T in the road. My house is right and to get milk is left. I go left and milk is about a mile away. I am almost there and see blue lights and pull over in a safe parking area.

Turn on my dome lights and put my hands over the steering wheel.

A Trooper pulled me over for speeding. Within 90 seconds I was out of the car and I was arrested a minute later when I refused and road side tests.

I was yelled at, man handled and treated extremely unprofessional. I was taken to county jail.

I was accused of slurring my words, hiding my eyes and he smelled alcohol. They mentioned open container too. I had a 4 pack of high noon behind the driver seat that been there for weeks. They checked it and agreed no open containers.
 

johnnycakes

Footballguy
I reminisce about the good ol' days, which don't seem like they are that far in the distant past, when a cop would just give you a ride home. No ticket, no bust. Anyhow, it sounds like you're going to need a lawyer to get out from under this. Next time, I'd say to do the field sobriety test. And if that don't work, insist on a blood draw. That would be at your own expense, of course.
 

IC FBGCav

Footballguy
You are 100% wrong on road side tests. They are only used to gather evidence against you. Any lawyer will say said nothing and take the mandatory test at the station.
 

IC FBGCav

Footballguy
I was let go that night. Now on public record with the court, it shows me charged with DUI which is 100% false. My paperwork says different. Lawyers only are interested in pleading down my speeding ticket. No one wants to touch the incorrect charge. They say it costs too much for what it is worth.
 

Willie Neslon

Footballguy
Milk and dairy products are high in fat and tend to make heartburn worse. When you have frequent GERD symptoms, like heartburn, eating high-fat dairy products like cheese can aggravate your symptoms. Furthermore, cold dairy products like ice cream can actually numb and inhibit the lower esophageal sphincter's function.
 

rockaction

Footballguy
They didn't charge me, I left with my license. But they did f up the court record saying I am charged.

That's tough to imagine, but I remember getting busted for narcotics years ago via a ticket they sent in the mail. They had had my license, given it back, let me drive, and then charged me via the mail. The case was dismissed for lack of probable cause. I never even knew I had to show to go for trial.

Weird **** happens. Keep on top of it. Hire counsel. It'll be the best three grand you've spent in a while.
 
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culdeus

Have good
So it was a Friday. I woke up around 9pm. I was hungry and had bad heartburn. The wife was staying at her mom's and took off to Culver's to get a burger and a mixer. The mixer is ice cream.

The ice cream didn't fix the heartburn so I decided to go get some milk.

It is around 10pm at this time. I drive to a T in the road. My house is right and to get milk is left. I go left and milk is about a mile away. I am almost there and see blue lights and pull over in a safe parking area.

Turn on my dome lights and put my hands over the steering wheel.

A Trooper pulled me over for speeding. Within 90 seconds I was out of the car and I was arrested a minute later when I refused and road side tests.

I was yelled at, man handled and treated extremely unprofessional. I was taken to county jail.

I was accused of slurring my words, hiding my eyes and he smelled alcohol. They mentioned open container too. I had a 4 pack of high noon behind the driver seat that been there for weeks. They checked it and agreed no open containers.

You woke up at 9pm?
 

IC FBGCav

Footballguy
So it was a Friday. I woke up around 9pm. I was hungry and had bad heartburn. The wife was staying at her mom's and took off to Culver's to get a burger and a mixer. The mixer is ice cream.

The ice cream didn't fix the heartburn so I decided to go get some milk.

It is around 10pm at this time. I drive to a T in the road. My house is right and to get milk is left. I go left and milk is about a mile away. I am almost there and see blue lights and pull over in a safe parking area.

Turn on my dome lights and put my hands over the steering wheel.

A Trooper pulled me over for speeding. Within 90 seconds I was out of the car and I was arrested a minute later when I refused and road side tests.

I was yelled at, man handled and treated extremely unprofessional. I was taken to county jail.

I was accused of slurring my words, hiding my eyes and he smelled alcohol. They mentioned open container too. I had a 4 pack of high noon behind the driver seat that been there for weeks. They checked it and agreed no open containers.

You woke up at 9pm?
Yes took a nap at 6pm.
 

IC FBGCav

Footballguy
And now you have to report this to your place of employment, per HR policy, correct?
I told my manager but not as a report type deal. We had a work gathering on Saturday for a college football game and told people close to me as .....guess what bs happened to me yesterday.
 

IC FBGCav

Footballguy
They didn't charge me, I left with my license. But they did f up the court record saying I am charged.

That's tough to imagine, but I remember getting busted for narcotics years ago via a ticket they sent in the mail. They had had my license, given it back, let me drive, and then charged me via the mail. The case was dismissed for lack of probable cause. I never even knew I had to show to go for trial.

Weird **** happens. Keep on top of it. Hire counsel. It'll be the best three grand you've spent in a while.
If you get charged with a DUI, they take your license. I have my license. This is all bs except for the speeding ticket. But the Trooper was dishonest about everything else, I truly don't know how legit that is.
 

rockaction

Footballguy
If you get charged with a DUI, they take your license. I have my license. This is all bs except for the speeding ticket. But the Trooper was dishonest about everything else, I truly don't know how legit that is.

Welp, I don't know what to say, Cav. Stay on top of it, I guess. Sometimes you can't just ignore these things and have them go away.
 

Terminalxylem

Footballguy
So you don’t deny speeding, and your BAC was below the legal limit, yet someone is telling you to fight the speeding ticket rather than the DUI? That makes no sense whatsoever.

Also why have you omitted how much had to drink? If your numbers are accurate, you were over the limit before your nap, assuming you had nothing else to drink after you awoke.
 

Terminalxylem

Footballguy
fyi .08 is legally drunk but there anything above .00 can be interpreted as driving while impaired. i don’t agree with that at all but it’s what i’ve been told
Is this true in every state? It makes sense, and would be a good way to mitigate our generous BAC limits.
 

IC FBGCav

Footballguy
So you don’t deny speeding, and your BAC was below the legal limit, yet someone is telling you to fight the speeding ticket rather than the DUI? That makes no sense whatsoever.

Also why have you omitted how much had to drink? If your numbers are accurate, you were over the limit before your nap, assuming you had nothing else to drink after you awoke.
I don't have to fight a DUI. I proved myself innocent. The state has inaccurately put on my speeding ticket I was charged with DUI. Now it is on me to correct that.
The last drink I had was at 5pm. I had a hamburger I just purchased in the car plus I just consumed ice cream and French fries. But yet he smelled alcohol. I was drinking white claw. I asked the Trooper what kind of alcohol he smelled and he said he didn't know, just alcohol.
 

IC FBGCav

Footballguy
What does it matter what I had before? Plus I am not sure on the speeding. I know the officer that stopped me was not truthful. He said I was slurring my words. Total lie. When I get the tape of the incident I will post it
 

IC FBGCav

Footballguy
Also the officer has a side hustle of 15 yard dumpsters. When he found out I work for a large home builder in the area, did he treat me better?
 

Terminalxylem

Footballguy
So you don’t deny speeding, and your BAC was below the legal limit, yet someone is telling you to fight the speeding ticket rather than the DUI? That makes no sense whatsoever.

Also why have you omitted how much had to drink? If your numbers are accurate, you were over the limit before your nap, assuming you had nothing else to drink after you awoke.
I don't have to fight a DUI. I proved myself innocent. The state has inaccurately put on my speeding ticket I was charged with DUI. Now it is on me to correct that.
The last drink I had was at 5pm. I had a hamburger I just purchased in the car plus I just consumed ice cream and French fries. But yet he smelled alcohol. I was drinking white claw. I asked the Trooper what kind of alcohol he smelled and he said he didn't know, just alcohol.
Not sure I understand. Did you get a ticket for driving under the influence, or not? What about speeding? Has your trial passed?

From the description in the title and first post, I was under the impression the answers were: yes for the tickets, no for the trial. What am I missing?

ETA Probably not a good strategy to have the cop guess your drank.
 
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FairWarning

Footballguy
fyi .08 is legally drunk but there anything above .00 can be interpreted as driving while impaired. i don’t agree with that at all but it’s what i’ve been told
Is this true in every state? It makes sense, and would be a good way to mitigate our generous BAC limits.
Michigan its .04 for impaired and .08 for drunk. Actually most. (If not all states) are this now. If you are driving a truck, bus, limo, or similar, .02 is impaired.
 

Terminalxylem

Footballguy
fyi .08 is legally drunk but there anything above .00 can be interpreted as driving while impaired. i don’t agree with that at all but it’s what i’ve been told
Is this true in every state? It makes sense, and would be a good way to mitigate our generous BAC limits.
Michigan its .04 for impaired and .08 for drunk. Actually most. (If not all states) are this now. If you are driving a truck, bus, limo, or similar, .02 is impaired.
Great! I didn’t realize it changed, as for years the US was an outlier for BAC limits, despite evidence suggesting impairment occurs at much lower levels.
 

FairWarning

Footballguy
fyi .08 is legally drunk but there anything above .00 can be interpreted as driving while impaired. i don’t agree with that at all but it’s what i’ve been told
Is this true in every state? It makes sense, and would be a good way to mitigate our generous BAC limits.
Michigan its .04 for impaired and .08 for drunk. Actually most. (If not all states) are this now. If you are driving a truck, bus, limo, or similar, .02 is impaired.
Great! I didn’t realize it changed, as for years the US was an outlier for BAC limits, despite evidence suggesting impairment occurs at much lower levels.
The feds basically made states change in exchange for federal highway funding. This also applied to the drinking age moving to 21.
 

STEADYMOBBIN 22

Footballguy
I've been given citations without saying a word. Handed them my license and insurance, and kept my mouth shut.

You cannot just simply stay silent: (Staying silent also doesn't mean you're not getting arrested)

In general, Miranda rights include two basic rights: the right to remain silent and the right to have an attorney present during interrogation. As with the right to an attorney, to gain the full protection of the right to silence, a suspect must unequivocally invoke the right to remain silent. Simply remaining silent does not trigger the right to have interrogation cease.
 
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djmich

Footballguy
So in this sort of circumstance you’re supposed to decline the filed sobriety and do breathalyzer and then potentially a blood draw?
 

culdeus

Have good
So in this sort of circumstance you’re supposed to decline the filed sobriety and do breathalyzer and then potentially a blood draw?

The logic typically is decline everything till they get a court order. Gives you time to get your number down. Obviously if you know you'll blow a 00 then do whatever
 

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