DUI - LEOs Only

[Panic661]

Last night, I was arrested for DUI. I wrecked my car, into a fire hydrant, cop showed up, gave me a breathalizer test, I blew a .160. I was then taken to the hospital and had my blood drawn.

The arresting officer told me to plead not guilty and I will most likely get off with a wreckless driving.

I was then taken into jail, when I was released, they kept my drivers license.

My question is, is it true that if I plead not guilty I may be able to get off with wreckless driving?

This is my first offense of this sort (I don't have a prior record at all).

 

[musclemustang65]

I never recommend for anyone i arrest to plead not guilty. Thats just stupid. Most people that plead not guilty do get a lesser charge IF the DA's dont want to do a trial. If they dont mind a trial then you will probably get the max punishment for the crime. Gamble if you want. Personaly i say be a man and admit what you did and take your punishment. What if that hydrant had been a person=Vehicular homicide.

 

[mkb116]

I know your anxious to get this over with. But go talk to a lawyer, they are going to give you the best advice.

Taking responsibility for your actions can benefit you.

 

[Iceman II]

Wow, I don't see how that could be reduced to a reckless driving. Unless the prosecutor sees a bunch of holes in it report somewhere.
I would never recommend to a person I arrested to plead no guilty.:bash: thats just stupid!
All i am going to say is contact an attorney and go from there. Except responsiblity for your actions.

 

[fiveohpoepoe]

Clean record will help your case but I do not see how an officer will tell you to enter a not guilty plea...Maybe there is more the officer knows and doesnt feel he has a strong case. Consult an atty

 

[FordSVTFan]

In most states a DUI with accident/property damage is more significant than DUI alone. The likelihood of getting this down to reckless is slim unless the officer screwed the pooch. Since you blew and gave blood you are most likely not getting a reduction.

 

[Panic661]

Talked to a attorney today that specialises in DUIs.. he said what generally happens on a first offense is he can postpone for up to a year, and the DA will most likely drop, or reduce the charges there.

He also said, depending on what my BAC on my blood test was, that it may be reduced, or thrown out of court, depending on the alcohol level.

I'm not quite sure but he asked me if the officer witnessed me driving the vehicle and striking the hydrant. He also asked me where I was, and what sort of road conditions there were. I told him it was raining, ect.

So I'm really not sure.

 

[Lawfficer]

You were a .16, or double the legal limit in most states. Why not take your medicine, man up, and learn from your mistake? What ever happened to taking responsibility for your actions.

As mentioned above, be happy that you're not sitting in jail with a Homicide by intoxicated use of a motor vehicle charge.

 

[fiveohpoepoe]

Tisk tisk newb

 

[mswaim]

Talked to a attorney today that specialises in DUIs.. he said what generally happens on a first offense is he can postpone for up to a year, and the DA will most likely drop, or reduce the charges there.

He also said, depending on what my BAC on my blood test was, that it may be reduced, or thrown out of court, depending on the alcohol level.

I'm not quite sure but he asked me if the officer witnessed me driving the vehicle and striking the hydrant. He also asked me where I was, and what sort of road conditions there were. I told him it was raining, ect.

So I'm really not sure.

You may wish to ask around and make sure you have an attorney who really understands the DUI process.

The owner of the property you damaged will want restitution, so that will not go away. Your BAC results will most certainly be close to the preliminary reading, so not much wiggle room there. Rainy conditions are not a mitigating factor, you are supposed to be in control of your car at all times. Hopefully you have already requested a hearing with DMV, since your license will be suspended for four months automatically if you did not. Your insurance company will not be real supportive; they will end up paying for that hydrant, if it is city property the price will triple !! I would not look for a year of delays on a simple-to-prove T/A whose PCF was DUI.

 

[Hitman318]

The officer did not give you good information unless there is something we dont know. As stated above you blew twice the legal limit in most states and the reason for law enforcement coming into contact with you was due to an accident. Which clearly proves you were too intoxicated to be behind the wheel. Get yourself a good DUI attorney because this is not a small charge. Its important that you also look back and reflect on what happened and look into AA if you need to. Im not accusing you of being an alcoholic but if you feel you might drink too much you need to seek some help, there is nothing wrong with doing so. Ive done many DUI's and .160 is no small amount.

I have a few extra questions for you though after reading additional posts. Were you still in the car when the officer arrived? Were there witnesses that placed you in the car? Did you openly admit to the officer that you indeed were the operator of the motor vehicle? (I know, alot of questions, but they are close and important)

 

[Panic661]

I was outside of my vehicle when the officer arrived. Yes, I did admit to being the driver. No one was with me, and there were no witnesses.

I've consulted an attorney, I know this won't be a simple charge and go about my way. I'm actually expecting the worst. From what the attorney has said is in previous cases, the chemical test (blood test i took when i arrived to the hospital) may actually benefit me, especially considering it had been 1.5-2 hours since the accident.

The attorney also set up a hearing with the DMV, and says most likely I'll get a 30 day full suspension, and 3 months on a restricted license, to work and back.

The insurance company is covering me, and I did have a 10 thousand dollar property damage coverage as well, so that will help. I'll most likely be fined for the hydrant, and the water lost.

The car is a total loss, so whatever I get for the car will go to the loan.

As for postponing ect, I'm not going to go with that route, he said most times, the DA or whoever is there to represent cases for DUI will most likely attempt to make a deal, not necessarily getting out of the DUI, but things like no jail time, ect. With any luck, I'll have it knocked down to a wet wreckless. (No, it isn't much better then a DUI)

I have to enroll in one of two types of classes from drunk drivers, but its up to the judge as to which one I enroll in.

As far as myself getting enrolled into AA or something like that, not yet. This is the first time alcohol has actually damaged my life in this way, and hopefully the last. I made a bad decision under the influence, have now lost my car, and now with a lack of a license that isn't suspended or on a pink peice of paper, its affecting my job as well.

So, atleast for now, I'm done drinking completely. To those that believe I should "man up" I am, it isn't like I'm expecting to get away free from anything or I'm laughing about it, to me this is a very serious matter and I have to take care of it, or I'll find myself in jail. I'm simply looking for opinions from officers who have had to deal with these types of things (just being on the other end) and know how the legal process will normally go.

 

[mswaim]

Sounds like you have a good grasp of the seriousness of the situation; good luck moving forward. :beer:

 

[Hitman318]

You have a better grasp than some people out there man. We all make mistakes, the character of a man is what he learns from mistakes of the past so not to repeat them. Good luck man. I get a legitimate feeling you are mature and will learn from this.

 

[FordSVTFan]

Sounds like you have a good grasp of the seriousness of the situation; good luck moving forward. :beer:

You have a better grasp than some people out there man. We all make mistakes, the character of a man is what he learns from mistakes of the past so not to repeat them. Good luck man. I get a legitimate feeling you are mature and will learn from this.

Agreed.:beer:

 

[jshen]

Last night, I was arrested for DUI. I wrecked my car, into a fire hydrant, cop showed up, gave me a breathalizer test, I blew a .160. I was then taken to the hospital and had my blood drawn.

The arresting officer told me to plead not guilty and I will most likely get off with a wreckless driving.

.

The officer should not have told you that. Whether to pursue a DUI is soley up to the DA once an arrest is made.

My office does not barter DUIs- unless the case is bad and in that case it falls upon the officer who made the case. Here, if something is wrong and he told you to fight it- and it got back to his supervisors - I suggest he'd be in a lot of trouble.

The varience between blood and breath tests are widely known as is the rate at which your body, depending on size, age and a few other factors metabolize alcohol. We all have experts that can pin down your state of intoxication at the time of the collision- but you need two tests to do it. It appears that was done-albeit with different type tests which make it a little more difficult.

 

[Panic661]

The officer should not have told you that. Whether to pursue a DUI is soley up to the DA once an arrest is made.

My office does not barter DUIs- unless the case is bad and in that case it falls upon the officer who made the case. Here, if something is wrong and he told you to fight it- and it got back to his supervisors - I suggest he'd be in a lot of trouble.

The varience between blood and breath tests are widely known as is the rate at which your body, depending on size, age and a few other factors metabolize alcohol. We all have experts that can pin down your state of intoxication at the time of the collision- but you need two tests to do it. It appears that was done-albeit with different type tests which make it a little more difficult.

Yea. I have hired an attorney to help me out. I wasn't going to go out on a limb and simply believe what the officer had told me..that was just repeating what he'd told me and looking to see if there was any truth in that at all.

As for the b.a.c. and the aggravated dui, yes, I am aware of that, in California they call it a "enhanced dui" generally people that are charged with that are well above 2x the legal limit, but I can be charged with it, seeing as I was exactly 2x the legal limit on the breath test.

Currently, I'm taking the correct steps (I think) to getting this resolved, I have an attorney who has set up a hearing with the DMV, and will also be representing me in court, allowing me to be at work while everything is going on, until the end, if I need to sign anything, or worse, if I end up going to jail.

 

[mustangsf4life]

From most of the DUI's ive taken and them being the drivers first offense they have been dropped to a wet reckless. But all have different circumstances of course. Its still a misdemeanor but its as hard on your driving record. But regardless of the DUI or Wet reckless its gonna cost you at least 5-10k in fees and fines. Just FYI. Its all gonna depend on the officers report and your BAC. from which you say was almost double the legal limit by the time of the blood draw. (drops .02 an hour) Its gonna be rough and make sure you take care of the admin persay/DMV hearing for your license which should be the paper they gave you for your temporary license. Good Luck an I hope you learned from your mishap and this was your first and last DUI. Get a good DUI attorney and he will guide you through everything. I currently have the most DUI arrests at my station and just recieved the MADD (mothers against drunk drivers) award from the state. If you you have any other questios feel free to ask and i will answer the best i can.

 

[Panic661]

From most of the DUI's ive taken and them being the drivers first offense they have been dropped to a wet reckless. But all have different circumstances of course. Its still a misdemeanor but its as hard on your driving record. But regardless of the DUI or Wet reckless its gonna cost you at least 5-10k in fees and fines. Just FYI. Its all gonna depend on the officers report and your BAC. from which you say was almost double the legal limit by the time of the blood draw. (drops .02 an hour) Its gonna be rough and make sure you take care of the admin persay/DMV hearing for your license which should be the paper they gave you for your temporary license. Good Luck an I hope you learned from your mishap and this was your first and last DUI. Get a good DUI attorney and he will guide you through everything. I currently have the most DUI arrests at my station and just recieved the MADD (mothers against drunk drivers) award from the state. If you you have any other questios feel free to ask and i will answer the best i can.

Thank you. I appreciate the advice and offer for more assistance. I have a DMV hearing in feb.