Yeah I shouldn't have asked that earlier. I could see why you were tired with how busy you were and even when tired we still like to go out and have a good time so I can't blame you on that. Hopefully everything goes your way you have had it rough lately. Good luck and take it easy during this stressful time.
But you said you had a "couple of beers" and a couple of mixed shots. How long were you there drinking?
To the OP though, I'm not trying to condemn the guy. Lots of good people make poor decisions, and this is sadly one of the more common ones. I know you keep saying you weren't drunk, but you were probably impaired. You were pulled over for a reason and you'd have enough alcohol to fail a test most likely. That you were falling asleep means people's lives were in danger with you on the road. If you can beat it, that's great for you, but way or the other I personally hope you think before you do it again. Your circumstances for being tired are acceptable, but if you think you are going to have that problem again, you should skip the drinks and go straight home, or call a cab. It doesn't seem like the worst thing in the world, but you will never be able to live with yourself if you cause the death of some person. Best of luck to you. You have a had rough year according to your message board postings. Hopefully things turn around.
You already said a few things in here that would immediately lead me to believe that you were not sober at the time of the incedent. 1) You weigh 150, and a "few beers and a few mixed shots" will take 2-3 hours to leave your system, regardess if you eat. Eating does not make you less drunk, you get a person who is extremely drunk and have them eat some food to settle their stomachs, not to make them sober. 2) You were given the "Light test" which you failed. I am 6 hours away from my BA in criminal sciences and have already spent the last year interninng at a local department and can tell you that you fail the light test/pen test not by moving your head (which is also a sign admissable in court) but by the way your eyes adjust, a person who is intoxicated even to a slight degree cannot control their pupils in this situation, that is why you failed. 3) You were under stress from work/class all day and had been up for over 15 hours, which basically makes you hold your liquor to the extent that a 10 year old child would be able to. You might not feel the effects because your mind is not triggering you to act drunk because in your head, you had not drank enough to consider yourself so. But that doesnt mean you werent intoxicated. I recently did a study for SHSU for one of my professors where I had to stay up 14 hours, then, in a controlled enviroment, take 2 shots of Jack Daniels. I blew a .09 2 hours later, and I felt perfectly fine, but in a driving simulator that was taped, you could notice slow, casual movements side to side that I wasnt even noticing myself, I thought I was sober. Being tired and losing your motor skills is a direct effect of drinking while exhausted or under stress, and sorry bro, but its a good thing you didnt blow, because i would put unseen amounts of money on you blowing +.08. That being said, I hope this is a learning experience, sometimes things like this are put in your way in life to make a firm statement to yourself when otherwise your wouldnt listen. I know this coming from a father who was an alcoholic, and only stopped when one day when i was in highschool, he got a DUI. Keep your head up, the only way to move from here is foward, dont dwell on past incendents, only use them to the best of your ability to correct the furure.
maybe i read it wrong but he had 2 beers and 2 mixed drinks depending on the mixed drinks they could have varying levels of alcohol in them
Some of those saints may have had a friend or relative who died at the hands of a person who had a few drinks after work then drove home.
Actually, I don't know exactly how it is in Texas, but moving your head is one of the factors that can lead to failing the test. It's one of the basic directions that is given, and not being able to follow the directions can be a sign of impairment. The other failing factors of the test primarily deal with nystagmus (lack of smooth pursuit, obvious nystagmus, onset before 45 degrees). That being said, it would likely be a significant factor in his defense if he was considered as failing the test because he moved his head, and not because the officer was able to full administer the HGN test.
nice post, Rowdy4Life. I'd like to find out more about studies like that where you can see how dramatic things like a lack of sleep can affect your tolerance compared to your own norm
I see you are good at avoiding responsibility for what amounts to a serious, serious crime (yes, crime). I hope, for the betterment of the community at large and for your own sake, it won't get dismissed and you will have to pay through the nose for it. I hope it stings enough so that you exercise better judgement next time around, before you get behind the wheel and endanger any unlucky b*stard who happened to be in your crosspaths that particular night out. I would have taken more pity on you had you shown some remorse in your OP, but as is it looks like you are a young kid in need of some tough love.
I'm not condoning drinking and driving I just have a very strong feeling that a bunch of these guys are hypocrites. A lot of people have made the mistake of having a few drinks and driving, they just didn't get caught.