[eugene]

Hey guys.

So, my friend who is 23 got a DUI last Thurs. He's a tall, well built guy, and can handle his alcohol very well. He drank at 11 AM and stopped at 1:20 AM (2 beers and a long island), sobered up for an hour, got out of the bar at 3 ish, got pulled over within 3 minutes because he was driving "60 mph" but he wasn't, got the breathlizer, which read 0.08 and got arrested, drove to downtown and got the blood test (we're still waiting on the results), and now he's home. Apparently a cop was on the saturation team and was eyeing on my friend the moment he got out of the bar and used the 60 mph excuse just to pull him over. This is his first DUI and he's freakin' out. I was wondering if he should get a lawyer to fight it because he really doesn't want a DUI record. Has anyone had a similar case to his and won it by using a lawyer? I know it seems like a hopeless cause, but he would rather get reckless driving than a DUI and according to my friend, he wasn't even drunk. He was very well coordinated and was very aware what was going on. And will a DUI affect him by finding a job (rather than him driving to get a job...), find housing and etc? And yeahh...........thanks guys =)

[Pogichinoy]

OK let's get the facts straight:

• Your buddy blew 0.08 on the breathaliser.
• According to him, he was not drunk.
• The cop said he was doing 60 mph, however your buddy claims he wasn't.
• Your buddy was eyed by the cop the moment he stepped out from the bar.

---

To be honest, a lawyer won't be much helpful in this situation. I assume when your buddy was at the station, he admitted he was under the influence when hopping behind the wheel of his car. This is understood as a formal declaration of his misdemeanor. Plus blowing 0.08 on the spot with a cop in view is plenty enough to be booked for the offence. So in either case, your buddy has gone past the point of no return and can't change anything.

Being drunk, is relative. It means nothing to the police. They measure your level of intoxication by your BAC (blood alcohol level) which is measured by the breathaliser. Sorry but this obviously won't stand in court.

Your buddy who was intoxicated claims something, where a cop claims another. Regardless of whether or not who is right, the cop in this case is always right.

The cop is completely in his jurisdiction to pull your buddy over, after eyeing him out. They have a responsibility to ensure no one is over the limit of intoxication on our roads.

---

Your buddy should learn from his mistake. Take it in the chin. Be a man and take responsibility.

He will have a record yes, but it shouldn't stop him from getting a job, find housing, apply for credit, etc. unless companies/people are very finicky. He may have problems adopting kids, if he plans to in the future.

[eugene]

Yeah, I suppose he should just plead guilty and man up. The reason why he was wondering if he should get a lawyer is because one of my other friends did the same and he won the case and just got reckless driving. I was just wondering if anyone knows any shady lawyers that are good at lying in Southern Cali lol.

[dunpingy]

3 drinks over 4 hours and still .08?

[wookay]

I think there's no way he can get away with this. Just be a good citizen again. Maybe after 3 years, they will clear his record. =]]]]

[knitoe]

3 drinks over 4 hours and still .08?

no one but the driver knows exactly how many drinks were ingested. but to get a .08 this person had to have had more than 3 drinks in 4 hours imo. they may have said they 'were not drunk' but as said above that is a very relative term. when people say 'drunk' they usually mean plastered, unable to walk straight, or throwing up profusely. perhaps the driver said he wasnt 'drunk' but he was 'buzzed'. 'buzzed' driving IS drunk driving - no ifs, ands, or buts.

i agree that he broke the law and got caught so he needs to deal with the consequences. perhaps he can get a lawyer and be lucky enough to get a lower charge, or he might just waste his money and receive the same outcome. let's just hope he will learn from this mistake and have a designated driver from now on.

[youngnottheold1]

3 drinks over 4 hours and still .08?

That's what I was thinking.. and he's a big guy at that..

Something doesn't add up here

[jphase]

to tell you the truth.. that was a stupid move on your friends part.. no matter how well a person can take alcohol, they should NOT be driving after drinking. It's not something he should fight becuase he wont win. he's just lucky the police got him before he got into an accident and killed someone.

[CatGoesMeow]

Hey guys.

So, my friend who is 23 got a DUI last Thurs. He's a tall, well built guy, and can handle his alcohol very well. He drank at 11 AM and stopped at 1:20 AM (2 beers and a long island), sobered up for an hour, got out of the bar at 3 ish, got pulled over within 3 minutes because he was driving "60 mph" but he wasn't, got the breathlizer, which read 0.08 and got arrested, drove to downtown and got the blood test (we're still waiting on the results), and now he's home. Apparently a cop was on the saturation team and was eyeing on my friend the moment he got out of the bar and used the 60 mph excuse just to pull him over. This is his first DUI and he's freakin' out. I was wondering if he should get a lawyer to fight it because he really doesn't want a DUI record. Has anyone had a similar case to his and won it by using a lawyer? I know it seems like a hopeless cause, but he would rather get reckless driving than a DUI and according to my friend, he wasn't even drunk. He was very well coordinated and was very aware what was going on. And will a DUI affect him by finding a job (rather than him driving to get a job...), find housing and etc? And yeahh...........thanks guys =)

yikes.... i see alot of expenses in his future... SR-22, Fines, AA Meetings, Skyrocketing Insurance on the next renewal !!!.....

[Gnome]

It would help to know what state he was arrested in. Most of the states have different levels of tolerances for drinking and driving.

I've had a couple, but i've only been charged with one.

[boost]

fighting this will actually just piss off the judge. i have a friend here sitting next to me and hes a clerk at the local court. he sees this everyday and the judge doesnt care.

[TKY]

I know many people that got DUIs...and all I have to say is a DUI is a DUI. You can take it to court and hire the best lawyer in the world, and its still going to be a DUI.

[Laxntiga]

I say hire the lawyer, they are very crafty, devious creatures that can get you out of a lot of trouble. The point is... don't drink and drive unless you made up your mind to not see the sun the next morning.

[~ BunnyliciouS ~]

better stay sober from now on.
Dunno your area, but my friend was charged with DUI twice,
The second time he was charged, his license was suspended for one full year.

[some-azn-guy]

DUI = DUI.. usually no ifs-ands-or-buts.

done deal. it's gg for your friend.

[krnshinsa]

lol @ your friends situation. first of all i don't care how big he is but driving after drinking holds no excuses. Your friend probably doesn't have a chance to fight it... What can he say? nothing.Be a man Take the penalty and deal with it.

[Jellyroll]

Hm.. this reminds me of my "warning" two days ago.

I drank 4 bottles of soju, 2 bottles of beer, and couple shots of vodka before heading out to karaoke with some friends. I know my limit so I thought I was fine. We went to the karaoke bar and noticed our other friends didn't arrive. Moments later we get a call saying they got caught for dui. We went in and had fun for an hour or so and got in my car. The guy in the back wouldn't stop jumping around so I couldn't see the back too well. I ended up hitting the car and left. Next thing you know a cop is following me for 10 minutes before finally pulling me over.

To make the long story short...

he didn't give me a ticket or dui. Just asked me to call a friend to pick me up.

[Stevent]

^ so you were driving under the influence and did a hit and run?

[boost]

a lot of bright members popping up lately

[SeeinGxStarS]

a lot of bright members popping up lately

Yep, definitely seems like it.