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Thread: DUI's?????

  1. #1
    God/dess KamrynAnne's Avatar
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    Default DUI's?????

    just curious if anyone has received a dui before...... just got one two nights ago... my meeting with my lawyer is on monday.. i refused the breathalizer test just because thats what everyone i know has always told me to do if i ever got pulled over.... im just so worried that my license will be gone for a long long time.. its just a miserable feeling to have.... any advice from any of you who have ever gotten a dui would be great about now.... ...

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    God/dess dlabtot's Avatar
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    Default Re: DUI's?????

    It's a hassle...mine was suspended for 6 months but I was still allowed to drive to work. Not sure if refusing the breathalyzer was good advice though, in a lot of states that makes the punishment worse... depends on the state law... what's most important you don't get another dui ... especially within 5 years

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    Featured Member Lola Lee's Avatar
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    Default Re: DUI's?????

    As dlabtot said, it is going to depend on the state law.

    I know in Arizona, specifically Scottsdale where I live, if you refuse the breathalizer you automacilly lose your license for a year whether your convicted of DUI or Not. Then once you refuse, they get a search warrant for your blood from the judge (yes, a search warrant for your blood) and take you to the hospital and draw it there.

    From what I've been told, hiring an attorney for a DUI is a scam. The attorney will tell you they can reduce your sentence. But all you have to do is show up in court and admit guilt and your sentence will be reduced unless it's an extreme DUI case.

    I've never had a DUI but I know an expert in the field and this is what I remember from conversations about it....




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    Senior Member Princess Sex's Avatar
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    Default Re: DUI's?????

    If you weren't under the influence of alcohol why would you refuse?
    When David Hasselhoff was born, the nurse said, "Holy Cow! That's David Hasselhoff!" Then she slept with him. At that point, she was the third girl he had slept with.

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    Default Re: DUI's?????

    A good info source, especially for CA:

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    God/dess Deogol's Avatar
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    Default Re: DUI's?????

    Quote Originally Posted by Princess Sex
    If you weren't under the influence of alcohol why would you refuse?
    One of them there "if you got nothing to hide why should you worry" types ,eh?

    Maybe some people just like the privacy of doors on their bathroom stalls.

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    God/dess Deogol's Avatar
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    Default Re: DUI's?????

    Quote Originally Posted by Lola Lee
    As dlabtot said, it is going to depend on the state law.

    I know in Arizona, specifically Scottsdale where I live, if you refuse the breathalizer you automacilly lose your license for a year whether your convicted of DUI or Not. Then once you refuse, they get a search warrant for your blood from the judge (yes, a search warrant for your blood) and take you to the hospital and draw it there.
    Ah yes, the fifth amendment at work. So glad to see a living breathing constitution these days.

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    Curious Guest Button's Avatar
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    Default Re: DUI's?????

    Quote Originally Posted by Deogol
    One of them there "if you got nothing to hide why should you worry" types ,eh?

    Maybe some people just like the privacy of doors on their bathroom stalls.
    What have bathrooms got to do with DUI's?

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    Default Re: DUI's?????

    Dont know what state your from so kind of hard to get you information . Dont hire an attorney unless you were involved in an accident . Schedule a meeting with the Da and see what they will offer you if you like it take it if not go to trial . If ( in most states ) its your first offense usually you will get 10 days jail with 8 suspended and a 800-1500 dollar fine , and you will be required to take some kind of alcohol abuse classes . In Arizona ( where I got mine woohoo I'm so proud NOT ! ) if you dont blow they have a hearing or kangaroo court with the MVD ( DMV in CA ) with the arresting officer - and the MVD determines weather your license gets pulled or not - mine was pulled for a year ! Well good luck it sucks and it has happend to many of us just be lucky as I was that no one got hurt due to your ( or mine ) bad judgement . Hang in there

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    God/dess Bunny's Avatar
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    Default Re: DUI's?????

    I'm sure each state is different but I've had a couple defense attorneys here in Florida tell me you should always refuse the test. They still suspend your license but I think then you can make a better case afterwards. Obviously if you are stone cold sober I wouldn't refuse the test though. Good luck. with your case!

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    Featured Member sadbuttrue's Avatar
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    Default Re: DUI's?????

    My license got suspended for two months. That was bad enough, but going to the classes about drinking and driving are almost as bad. 16 weeks of it which turned out to be 20 because he could cancel it at any time and then require make-up. These guys treat you like crap. And they gave us a couple of mandatory AA meetings. And of course your insurance rates go up.

    Some of these classes acually have you take a breathalyzer when coming into the class. Stay away from mouthwash, which may have a lot of alcohol in it.

    In Mass. there are no Cinderalla laws allowing you to drive to work And at the time, if you did it again within 9 years you go to jail.

    It is a lesson learned.

    I was going to SCs at the time. In one club they saw me drinking 4 bottles of water and the DJ said over the loud speaker "it's not good to look at naked ladies without alcohol...". Heh, I laughed but kept on drinking my water.

    I'm not totally clean on it these days, but I do not drink much and will allow time before I go out of the bar or SC.

    I echo CuriosJ on the "I'm glad I never hurt anyone".

    I did not refuse the breathalyzer. I cannot tell you whether refusing it is better, although it is what I heard after.

    Yes talking with the DA is good. See whether the lawyer feels there is a good chance to get off and then use him or not depending.

    >>>Sad<<<

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    God/dess Deogol's Avatar
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    Default Re: DUI's?????

    Quote Originally Posted by Button
    What have bathrooms got to do with DUI's?
    They got to do with privacy.

    See, they are not really needed if you don't have anything to hide. If you were a junkie or sucking dick through a glory hole - then we could understand why you need a door. Otherwise, if your doing something perfectly legal in there you don't need a door now do you?

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    God/dess MrChristopher's Avatar
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    Default Re: DUI's?????

    In PA, and I'm fairly sure most states, when you sign those papers to get your license, one of them talks about "implied consent". So, by accepting that license and driving a vehicle, you signed away your right to refuse the test. In Pa, it's a mandatory loss of your license for 12 months for refusing a sobriety test.
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    Banned Melonie's Avatar
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    Default Re: DUI's?????

    Same in NY (giving 'implied consent' to an alcohol level test when you get/renew your driver's license). Alas, courts have repeatedly ruled that driving is a privilege not a right. My own attorney's advice is to only take the test if you are absolutely sure that your blood alcohol level is below the legal threshold - otherwise by taking the test you are creating iron-clad evidence of your own guilt. In NY at least, refusing the test will get your license suspended, but it might save you $10,000 worth of fines/rehab as well as an extra $3,000 per year in 'assigned risk' auto insurance rates.

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    God/dess KamrynAnne's Avatar
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    Default Re: DUI's?????

    met with my lawyer today.... im ready to loose my marbles at this point.... i can't drive for thirty days until i can get privileges to go anywhere.. im currently in school right now too, which is a 45 minute commute.... i could just kill myself (jokingly) for driving under the influence, even though it wasn't a lot..... to whoever asked what state i'm from, i'm from ohio.....

  16. #16
    Jay Zeno
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    Default Re: DUI's?????

    Melonie is correct. The term is "implied consent," and in many states, if you refuse to allow yourself a test, you can lose your license.


    Since the courts have upheld the "implied consent" laws, if you're feeling outraged about the loss of privacy, you should work for change with your legislature. Since that will be perceived as turning "soft on drunk driving," I doubt if you'll get far, but you're free to try.

    What you CAN refuse, and this may cause some confusion, is to do the roadside tests. And you SHOULD refuse to do the roadside tests. The roadside tests are designed to make you fail or leave it up to the officer's interpretation as to whether you fail.

    The bad part about just plain refusing to take a breath test is that you can lose your license, automatically, without any court process. It merely becomes an administrative matter for your licensing bureau.

    The good part about taking a Breathalyzer test in comparisoin is that you then have a basis for bargaining down your charges and might get to keep your license, particularly if it's a first-time offense. But society is not kind to drinking and driving, to the point where it doesn't take much blood alcohol content at all to constitute "drunk."

    Since Breathalyzers are not all that reliable, you can usually refuse a Breathalzyer but only in favor of a chemical test (usually blood), which is more reliable, but a reliable test may not be what you want.

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    Senior Member Princess Sex's Avatar
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    Default Re: DUI's?????

    I never shut my bathroom door, even in public toilets. I hope the DUI thing works out for you, best wishes xxx
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    Featured Member Lola Lee's Avatar
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    Default Re: DUI's?????

    Kamryn, I'm sure the whole process is difficult, but it's not supposed to be a walk in the park. But I do hope it doesn't interfere to much with your education.

    Anyway, I don't mean to offend you, but after all of this you are going through, it doesn't seem like you have learned your lesson by implying that "it wasn't a lot" [of alchohol] you consumed. I believe all states in the U.S. have set their legal limit of a BAC of .08 (used to be .10 everywhere). What so many people don't realize is that it only takes two to three ounces of alcohol consumed within a one hour period to reach this limit. So, that's a couple of beers, or glasses of wine, or even ONE martini will put you over the limit.

    I got to blow on a breathilizer once after leaving a bar (I knew the cop and was just hanging out in the parking lot). I had been there for two and a half hours or so, prolly had about 4 mixed drinks. I felt pratically sober! I blew a .16, that's an EXTREME dui in Arizona. It was a damn good thing I hadn't been driving and didn't get pulled over for real. That scared the shit outta me to think I was really that intoxicated but didn't feel like it, because "I really didn't drink THAT much".

    Anyway, if I'm driving I will have ONE drink per hour maximum unless I have a LONG time to burn off more than that. I definately don't want to go to jail, and I certainly don't want to hurt anyone.




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    Veteran Member logan820's Avatar
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    Default Re: DUI's?????

    Getting a DUI sucks. I have been through it.I lost my license for 15 months, b/c I blew .16 on the breathalyzer. I am currently going through alcohol tx. It is an expensive lesson to learn. I now take the bus a lot/. If you are caught driving on a suspended license it is mandatory jail time. Refusing the breathalyzer is better than taking it! When you refuse you usually get min sanctions. You do automatically lose your license. I would not hire an attorney, b/c you are not getting off. Save the money for the fines! It sucks but just be glad you didn't get in an accident, or hurt anyone. You will get through it. While going through all this I learned that 90% of people have driven drunk, 10% get caught. Don't feel too bad about it, b/c it happens to a lot of people.

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    God/dess KamrynAnne's Avatar
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    Default Re: DUI's?????

    thanks logan!! im just so terribly upset right now about all of this right now.... hopefully things will get better....

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    Default Re: DUI's?????

    As I stated try and plea bargain with the DA it may save you a lot of expense later - it is your right to be able to meet with him or her and discuss possible options you may have -they really dont want to go to trial on these offenses especially when no property or persons have been hurt/ damaged .Plus its your first offense , but as others have said they seem less tolerant these days I got mine over 5yrs ago - ya I was too stupid to learn from the first one so I racked up a second within 3yrs of one another . But the miracle of the whole situation is my insurance company never got wind of either of these(dui's )- dont ask how I even had a reduction during this time period for being a safe driver - lol go figure .

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    Featured Member DSUsb19's Avatar
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    Default Re: DUI's?????

    Refusing the breathalyzer is like admitting guilt in their eyes. As for the whole pirvacy thing. I know of some baseball players who went out hooting and hollering last night drunk as skunks. They had no seatbelts, were hanging out the windos and driving erratically. They got stopped. The cop didn't issue a breathalyzer, and the driver passed the easiest field sobriety test I've ever heard of in my life. If you're hammered and driving, you're taking the lives of everyone you pass on the road, and in your car, in your hands. The privacy issue kind of goes out the window. If you're sober, do what you need to do and leave. I'm not saying you're guilty or anything Kamryn. I just don't understand that if you were completely sober that you wouldn't just take it and be on your way.
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    Banned Melonie's Avatar
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    Default Re: DUI's?????

    I wouldn't [email protected]#k around with trying to defend yourself in Ohio. The cops and judges in that state are overwhelmingly full of themselves. That state even charges you money for being in their jail ! I was just driving through that state on I90, and was busted for an 'unsafe maneuver' whatever that is ... I wasn't speeding ... the Ohio cop pulled me over just because my car looked hot and had NY plates. It cost me a $100 fine and I didn't even do anything, but the cop would NOT admit that he stopped me when I hadn't actually done anything wrong ! The judge wouldn't even listen to a plea bargain proposition either. And my older brother is a long distance trucker with horror stories about Ohio cops and jails.

    I highly recommend hiring a local lawyer who is 'connected' on this one.

  24. #24
    God/dess KamrynAnne's Avatar
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    Default Re: DUI's?????

    melonie- yeah you're right.. ohio cops are ridiculous.... they are all over the place fortunately i have a good lawyer... notre damn grad.. gets a lot of people off the hook.. im just freaking out because im currently commuting an hour away for school until i can move into my new apt and i can't drive a car for thirty days.... its so screwed up.... ... i wasn't planning on returning to dancing for a month or so but still its going to be a crazy few couple months trying to figure it all out... god i almost want to give up and say screw it...

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    God/dess Bunny's Avatar
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    Default Re: DUI's?????

    What's funny is I know two attorneys who took a DUI clinic and got to drink and blow into the thing and they both had like 6 or 7 beers and blew legal! One guy even said that there was no way in hell he'd have driven the way he felt but he still blew sober. That makes no sense. I mean I know guys can drink more than I can but 6 beers one after another?

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