Unless you did something incriminating on the tape, you will probably get off. You will need to shell out for a good attorney. Look to spend about 5K min. Your incarceration and refusal to blow is now on record and that will need to be expunged. Tack on another 2k for that.
Can anyone explain why you would refuse a breathlyzer test? I never been drunk, hell I've never drank in my life, but I'm just wondering why people refuse.
Refusing a breathlyzer test is not a bad thing ... its not wise to take one unless you are 100% sure you have zero alcohol in your body. As another poster said, they are not accurate. A cop will have you blow multiple times. If you hit .08 on any try, you're automatically convicted. Refusing a blood test is a sign of guilt, especially if you had any amount of alcohol. The OP knows he's guilty but he is trying to rationalize that he wasn't drunk. Quite frankly, if he presented his case that he screwed up, I'd have more pity. Its obvious he has not learned his lesson.
I'm confused, are you saying .01% alcohol means your guilty & drunk? also, I believe no one can refuse a bloodtest now..
This is a story worth reading from Jose de Jesus Ortiz of the Chronicle. His legs were mangled as a kid and he nearly died at the hands of an intoxicated driver: http://blogs.chron.com/baseballblog/archives/2009/04/ticked_saddened_1.html The best thing you can do is not drink AT ALL if you are going to drive. I know that may seem unreasonable to some, but it's true.
wait til you have a couple of drinks, drive, get pulled over and take the breathelyzer test and see what happens even though you were totally fine... I know what youre going to say.. I would never drink and drive period yadi yadi yadi... but whatever... I refused to take it cause you can get a .08 or higher off of 3 beers.
Brooks, good article. DUI is the most underpunished crime imo. I am a big "DUI Hater." I've been dismissed as "being on a soapbox" before, but it becomes a big deal once the person you know burns to death in a car because some idiot didn't think he was too drunk to drive home.
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Fixed. By your own admission you were falling asleep at the wheel. I don't know if you can get off or not, but you shouldn't be able to.
i dont drink...so that wont happen listen, you're basically trying to justify your actions. clearly you dont seem to think you have done anything wrong. you're entitled to your opinion, good luck in court.
The man asked did he have a chance for it to get dismissed but ended up getting a thread full of lectures. Anyway the fact that you had something to drink, and was falling asleep at the wheel doesn't look to good for you. I never understood how someone could fall asleep driving especially if you're not drunk.
He opened up a thread asking if he could get away with something a lot of people have been victimized by and have strong feelings about. If someone opened a thread saying "I got busted for molesting a 12 year old girl, do you think I can get off?" would you expect people to be offering him advice on how to get away with it?
Isn't the fact that you TOLD the cop you had drinks and are coming home from the restaurant enough for him to warrant some type of evidence. So not only is it your words against his, but also possibly have you saying you had drinks before in recording.. just a thought.. Anyways it's seems you might be a nice guy with all this bad luck, but this incident was totally brought upon yourself. Like most posters here, I would hope you can understand the seriousness of the situation. Let this be a hard slap on the wrist for you and count your blessings that nothing else has happened.
it's really not that hard. i've had to stop on several trips to wake myself up. the eyelids get real heavy sometimes.
I dont know if you recalled i said this in earlier threads Shaud but I changed shifted from 7-4, I wake up at 5:30 in the morning now... after work that day I went to class then went and hung out... by 12-1 i was really exhausted... only had about 5 hours of sleep the night before as well... and thanks for understanding, all i asked was a question... I feel like I am in court already... guys i know its bad to drink and drive, but seriously, I was not drunk, i was fallling asleep cause i was tired and yes the alcohol did made it worst and probaly was the reason i was falling asleep, i know its my fault, but i do not want a DWI as well... I do not know why i am getting bashed when i just asked whawt are the chances of me getting it dismissed, not because i wasnt drunk or was drunk or was wrong or not wrong, im just like any of you guys here, work school have a kid... my mission is not to go drive drunk and kill someone, I am done...
Yeah, in hindsight he probably shouldn't have said he was drinking and blamed it on being tired or sick. You can still get in trouble with the law even if you are not legally drunk...isn't that the difference between DUI and DWI? Anyways, I wonder if he got busted in a sting. If it's the Sherlocks in Westchase, I've seen cops in the parking lot waiting for bar patrons to get in their cars and drive. Easy.
