DUI/OWI help

[chester]

Had to pick up a friend last night for drunk driving. Everybody's ok, it was just a traffic stop.

He took the blood test and will get results in a week or 10 days but later asked the cop for a brethalyzer and blew quite high. I don't need any moral responses as we all know that it's wrong, but does anybody have any legal advise to minimize the penalties?

[matt770]

Had to pick up a friend last night for drunk driving. Everybody's ok, it was just a traffic stop.

He took the blood test and will get results in a week or 10 days but later asked the cop for a brethalyzer and blew quite high. I don't need any moral responses as we all know that it's wrong, but does anybody have any legal advise to minimize the penalties?

 

I've read that you should never agree to the breathalyzer or blood test. Too late for that, so his guilt is proven. I believe his only hope is to get a really good lawyer who can try to find a technicality or finagle the most lenient penalty.

[Square]

There are some lawyers around here so hopefully someone has a better idea of what to do. The few guys I knew (ones who had serious career implications if they took a DUI) threw a boat load of money at an expensive lawyer and got it down to some other charge. It costs them quite a bit (I want to say 10K) but their record showed some kind of willful reckless driving charge instead of the DUI. Hope your buddy gets lucky and the cop screwed something up.

[T_bone65]

As has already been stated, don't go cheap on the lawyer. If it is his first he should get a PBJ (probation before judgement) unless he was unruley with the cops or hit somebody which it doesn't sound like either happened here.

 

You weren't his bartender were you J/K

[Dutch Oven]

Hopefully, a good lawyer can help you out. In the scenario you gave, your buddy is pretty much screwed under Arkansas law, unless he can get off on some technicality. Ark law is pretty tough on DWI--you can't keep it off your record, can't plead it down to a lesser charge etc. Hopefully Wis law is more forgiving. Good luck.

[Catfish]

Is it his first offence?

 

If he is eligible for a first offender program he might be able to save a lot of $ and effort by going that route.

 

Here in DE you can complete a three month education program. And then get your license back for cost and fines under $1,000.

 

Here, it’s really not worth hiring a lawyer for DUI 1, provided you meet the criteria. I’m sure it varies widely from state to state.

[matt770]

Is it his first offence?

 

If he is eligible for a first offender program he might be able to save a lot of $ and effort by going that route.

 

Here in DE you can complete a three month education program. And then get your license back for cost and fines under $1,000.

 

Here, it’s really not worth hiring a lawyer for DUI 1, provided you meet the criteria. I’m sure it varies widely from state to state.

 

Really shocking that there are still states that are this lenient.

[Catfish]

Really shocking that there are still states that are this lenient.

 

Most state DUI protocols I’ve seen (including MD) have a vast difference in first time and multiple offenders. Though I’m not as well versed in MD’s penalties, I think it’s similar to DE, with a little less emphasis on treatment and education. As a recall it was up t0 a year in prison (likely suspended for probation) and up to $ 1,000 in fines.

[Catfish]

From the internets:

 

Wisconsin

First offense OWI / DUI is a forfeiture violation subject to a fine of $150 to $300, plus an OWI surcharge of $355, and license revocation from 6 to 9 months, except first offense OWI with a BAC of .08 or more, but less than .10, there is no surcharge or other additional fees.

 

http://www.1800duilaws.com/states/wi.asp

[matt770]

Most state DUI protocols I’ve seen (including MD) have a vast difference in first time and multiple offenders. Though I’m not as well versed in MD’s penalties, I think it’s similar to DE, with a little less emphasis on treatment and education. As a recall it was up t0 a year in prison (likely suspended for probation) and up to $ 1,000 in fines.

 

I don't follow this stuff closely but assumed that with all the MADD lobbying and such, that all states had stiffer penalties by now.

 

A slap on the wrist might suffice for the housewife who had one too many white zins with lunch and blew a .09 and will never, ever, ever do it again...but I would venture a guess that a lot of people getting caught for the first time have done it many times without getting caught and will indeed do it again unless there are some serious consequences. In fact I've known such people.

[Pope Flick]

From my understanding in a place like CA if it's your first time offense it costs around 10k to keep it off your record.

[bushwacked]

If he needs reduced charges, get a lawyer.

[TimC]

You know how drunk you can get for $10k?

[Scorcher]

Laws are getting tougher. There was an accident here that killed 2 people. The guy ran a red light because he was texting. He has been charged with 2 counts of vehicular homicide.

[boat_hacked]

You know how drunk you can get for $10k?

 

enough till the penguins come out?

[Furd]

I've read that you should never agree to the breathalyzer or blood test. Too late for that, so his guilt is proven. I believe his only hope is to get a really good lawyer who can try to find a technicality or finagle the most lenient penalty.

 

You're reading the wrong things. Refusing a breathalyzer is almost never the way to go. It depends in some part on your states laws. If you refuse, you will likely have your license confiscated and it will automatically be suspended for six months or more. You will get a lot of points. You will pay a fine. You may be subject to criminal charges. Those penalties may be more severe than those associated with a DUI.

 

Once you refuse, you get hit with all those things and the cops can still prove that you drove under the influence (or whatever standard is applicable) and tag that onto your other penalties. They can get a search warrant to draw your blood. Maybe you took some field sobriety tests and failed them - on camera. In some states, the fact that you refused the breathalyzer can be used as evidence against you.

 

His guilt may not be proven. He needs to hire the best lawyer that he can.

[Big John]

enough till the penguins come out?

That is for twiley, not TimC

[westvirginia]

Really shocking that there are still states that are this lenient.

 

I have multiple lawyer friends that have told me anyone can get the first one, because .08 is so low people often don't realize they're at that limit and in most cases driving fine. In the county in which I live in N GA, however, they have this "zero tolerance" policy. If a cop pulls you over, you can blow a simple .005 and he can still take you to jail if you're impaired in his opinion

[matt770]

I have multiple lawyer friends that have told me anyone can get the first one, because .08 is so low people often don't realize they're at that limit and in most cases driving fine. In the county in which I live in N GA, however, they have this "zero tolerance" policy. If a cop pulls you over, you can blow a simple .005 and he can still take you to jail if you're impaired in his opinion

 

I went back to Atlanta 3 years ago to see a concert with a bunch of friends. I drove a friend's car back to his place in Smyrna because I was sober, and there were 3 others in the car. It was around 2 or 3AM. I took a right turn at a light, but went into the left lane instead of the right lane after I made the turn. Didn't realize that was any kind of violation, but a cop who was a huge a$$hole decided that was probable cause to pull me over and grill me. I assured him I was not drinking and he let me go, but it definitely put a damper on the night. Smyrna cops are notorious for that kind of crap, and I know a lot of places in the state are similar.

 

If you're weaving or commit some kind of infraction, that's one thing. Pulling someone over for no reason and shouting some bs interrogation at them for no cause whatsoever should not happen in this country. And don't even get me started on DUI checkpoints, those have to be unconstitutional.

[rocknrobn26]

In Illinois we have implied consent. Basically if you are pulled over and fail a street sobriety test you are arrested and "asked" to take a breathalyzer. If you refuse you get an automatic 1(?) year suspension, but still get your day in court.

The next county over from me (Kane) has taken the whole DUI thing to a new level. They have a judge "on call" 24/7, if you refuse the tests the judge is called and holds an immediate court. If you refuse again you are charged w/ contempt of court, and the judge then orders a blood test...FORCIBLY IF NECESSARY! Yes they have the authority to take your blood even if they have to tie you down. Sorry, but that is over the line IMHO.

[Jackass]

You're reading the wrong things. Refusing a breathalyzer is almost never the way to go. It depends in some part on your states laws. If you refuse, you will likely have your license confiscated and it will automatically be suspended for six months or more. You will get a lot of points. You will pay a fine. You may be subject to criminal charges. Those penalties may be more severe than those associated with a DUI.

 

Once you refuse, you get hit with all those things and the cops can still prove that you drove under the influence (or whatever standard is applicable) and tag that onto your other penalties. They can get a search warrant to draw your blood. Maybe you took some field sobriety tests and failed them - on camera. In some states, the fact that you refused the breathalyzer can be used as evidence against you.

 

His guilt may not be proven. He needs to hire the best lawyer that he can.

 

All my legal friends have told me to refuse the breathalyzer. It may be a state by state thing. I do know someone who refused it, and their penalty sounded less severe than a DUI.

[Square]

This is probably too long to hold the attention of a lot of you, but here is a link to one of the best speaches I've read on the DUI subject. How quasi-legal the BS situation they put you through is. It doesn't necessarily have a perfect solution more than just points out how twisted the laws have become on this crime and not on others. It's a bit anti-MADD (mother's against drunk driving). It's really well done and not sensationalist (IMO). It's a copy of a speech from a lawyer.

 

Linky

 

I hope to convince you in the next hour, some of you, convince some of you, in the next hour that the greatest single threat to our freedoms, the freedoms set forth in our Bill of Rights to our constitution. The single greatest threat is not from China. I don’t think it’s from Choostan. I don’t think it’s from the extremists of the Muslim world. The threat as it has always been throughout history is internal. It is from within. I do not think it is from the American Communist party or extremists on the right. I hope to convince a few of you the greatest single threat to our freedoms today is a group of American housewives. They call themselves the Mothers Against Drunk Driving, MADD.

 

I am fully aware that some of you belong to MADD. And I am certainly not here to make fun. Many of you who are in MADD are — have had tragic losses at the hands of drunk drivers. Others of you here do not belong to MADD, but you have contributed to MADD and many more of you here, perhaps most of you here, are in complete sympathy with their goals and their activities. But I hope to convince you after one hour that you might want to reassess your view of that particular organization.

[detlef]

This is probably too long to hold the attention of a lot of you, but here is a link to one of the best speaches I've read on the DUI subject. How quasi-legal the BS situation they put you through is. It doesn't necessarily have a perfect solution more than just points out how twisted the laws have become on this crime and not on others. It's a bit anti-MADD (mother's against drunk driving). It's really well done and not sensationalist (IMO). It's a copy of a speech from a lawyer.

 

Linky

Wow, very interesting read.