Accused of DUI. What to do?

SR55_STi · 02-23-2008, 10:58 PM

Hi all,

I was pulled over and charged with a DUI tonight in downtown C-Springs. The officer initially pulled me over for an "illegal exhaust." I did not even know CO had exhaust laws. OK no big deal -- he says it's going to be a 65 dollar ticket. Apparently they are cracking down on this, so watch out!

Nice, pay the ticket, go home, no big deal. He then asks me if I had been drinking. I tell him that I had two drinks. I am a military officer -- I do not lie. Perhaps this wasn't the smartest thing.

He then calls over another cop. They make me do a roadside sobriety test. They make me sit in the cop car. They then take me to the station and make me do a breathalizer test.

I blow a .041. I believe this does not even constitute a DWAI, and definitely not a DUI (.08). However, they accuse me of a DUI and write it on my summons assessment.

I have a court summons in April. The cop even told me "I wouldn't plead guilty. Your blood alcohol isn't that high."

If I get charged with a DUI I will never make it past the rank of captain.

I'm only 23 years old. Clean record. Exemplary military officer. My career would be done. After four years of hell at a service academy, this is a nice way to start off my dead-end career.

What options do I have? Any help would be greatly appreciated.

shan mann · 02-23-2008, 11:04 PM

I guess its good that you told the truth. I'm actually a bit drunk as I type this LOL

SR20steve · 02-23-2008, 11:44 PM

Quote:

Originally Posted by SR55_STi

Hi all,

I was pulled over and charged with a DUI tonight in downtown C-Springs. The officer initially pulled me over for an "illegal exhaust." I did not even know CO had exhaust laws. OK no big deal -- he says it's going to be a 65 dollar ticket. Apparently they are cracking down on this, so watch out!

Nice, pay the ticket, go home, no big deal. He then asks me if I had been drinking. I tell him that I had two drinks. I am a military officer -- I do not lie. Perhaps this wasn't the smartest thing.

He then calls over another cop. They make me do a roadside sobriety test. They make me sit in the cop car. They then take me to the station and make me do a breathalizer test.

I blow a .041. I believe this does not even constitute a DWAI, and definitely not a DUI (.08). However, they accuse me of a DUI and write it on my summons assessment.

I have a court summons in April. The cop even told me "I wouldn't plead guilty. Your blood alcohol isn't that high."

If I get charged with a DUI I will never make it past the rank of captain.

I'm only 23 years old. Clean record. Exemplary military officer. My career would be done. After four years of hell at a service academy, this is a nice way to start off my dead-end career.

What options do I have? Any help would be greatly appreciated.

Man I feel your pain. I was in the Army as well and I know how damaging a DUI can be. But, thats bull**** that they charged you with that being you weren't "drunk". I would plead not guilty and be ready to fight it with a lawyer, even though there's no possible way that they will file charges (DA has waaay bigger fish to fry trust me). You will not get charged with a DUI I am willing to bet allot of money on that.

On a side note you said you graduated from a service academy was it West Point? My Brother Jayson Williams graduated from there in 05. Maybe you know him.

SonicBoom · 02-23-2008, 11:57 PM

I also received a DUI in the military.. it sucks.. first the state will charge you and then the military sticks it in. I'd say you'll be fine though, I'd get a great lawyer just in case its not cut and dry.. but this sounds like bs.

SR20steve · 02-24-2008, 01:02 AM

Quote:

Originally Posted by SonicBoom

I also received a DUI in the military.. it sucks.. first the state will charge you and then the military sticks it in. I'd say you'll be fine though, I'd get a great lawyer just in case its not cut and dry.. but this sounds like bs.

I really hate that the military avoided the whole double jeopardy laws and could punish you after you were convicted of a DUI in the civilian sector. So not only would you get a DUI, lose your license, get the $20,000 or so fine for the DUI, but after everything is all said and done you would get UCMJ and most likely lose rank and get extra duty/ restricted duty plus a percentage of wages taken. It should be one or the other. Thats why DUI's on post are WAAAAAY better than getting one off post (not that DUI's are acceptable at all).

SonicBoom · 02-24-2008, 01:29 AM

^^^ Yeah, it was pretty bad.. fortunately for me, mine was overseas... I was in Italy, and drove the car literally the last 1/4 mile back to base because I didn't think I was over... Italy didn't know about it because it was on base so there were no local charges. But, I lost a stripe, a $1000 fine and a bunch of on base community service(really embarassing). It didn't really make that much difference for me(besides the stripe costing me money + respect) and I got out after 4 years... but for the OP, being an officer and planning to stay in, there's a hell of a lot more on the line....

Muffnbluff · 02-24-2008, 06:36 AM

According to the state of Illinois a BAC under .05 is "Caution" between .05 and .08 is "Impaired" and over .08 is "Under the Influence". A .04 is a ****ing joke, taking some scope will make you blow that.

Boxer112 · 02-24-2008, 06:47 AM

though, you blew a .04 and assume about 45 mins went by from the initial contact and the transfer to the station. The cop could of thought you were not safe to continue driving. Maybe he smelled the alcohol and HAD to take you to the station. Let's say he let you go, even though he smelled the alcohol. You get in an accident and another officer responds (his supervisor) and smells the alcohol. The initial cop is screwed. Though I believe you will get away with the accusation, it could of been the cop just covering his own ass. And for the record, stop drinking and driving regardless how many it was. Good Luck

///M Power · 02-24-2008, 07:05 AM

Dont plea guilty and definately get an outside lawyer and try not to get the military involved. I am not famaliar with CO DUI laws but I have let people go when they were under the limit and I could have arrested them. I dont like the idea of charging someone who is under the limit and potentially ruin their life, so I solved the problem in other ways as having them find someone to come and take them home and have them pick up the car later on.......but in the end the best policy is not to drink any alcoholic beverage and drive

Rootus · 02-24-2008, 07:18 AM

You have way too much to lose, I'd get the best lawyer you can find. Chances are that if you weren't pulled over for any kind of erratic driving, you can get the whole thing dropped since your BAC was below the limit. But with a military career on the line, I wouldn't take any chances.

BobDigi5060 · 02-24-2008, 07:25 AM

Yes you were way under the limit.. I'd definently get some legal advice so it can get dismissed.

Best of luck

upncummr · 02-24-2008, 07:58 AM

-----

///M Power · 02-24-2008, 11:00 AM

Quote:

Originally Posted by upncummr

Here's a link to the Colorado DUI and DWI law.

Colorado DUI & DWI Laws & Enforcement - DMV.ORG

Driving Under the Influence of Alcohol or Drugs (DUI):
A DUI is the more serious offense of the two and has consequences that are extremely costly both to your wallet and to your diving privileges, and could potentially result in serious jail time. In July 2004, Colorado inched down the DUI BAC limit from .10% to .08%.
Driving While Ability is impaired by Alcohol or Drugs (DWAI):
This may be the lesser of the two offenses defined as a BAC between .05% and .07%, but the fines and penalties are just as hefty.

If in fact your BAC reading was .041% then it seems like you didn't meet the legal definition of DWAI. Since you were stopped for an illegal exhaust and not for a driving violation, it seemed like it'd be tough to make the case that you were driving in a manner that was impaired.

Best advice, get an attorney to review the situation and give you some advice. Maybe the prosecuting attorney has the ability to dismiss the ticket.

Also....don't drink and drive.

Gary

I believe that this should not be a problem to win having a descent attorney. After reading that statute, this may not even go to court and may be taken care of with your attorney and the DA before trial.

Best of luck and do keep us informed!

Track · 02-24-2008, 11:33 AM

#1: HIRE AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY! I'll take a shot from the hip and guestimate retainers to be between $1500-2000 these days.

#2: Sit back & let your attorney fight the good fight for you. He will meet with the DA & may be able to plead it down to a "dry wreckless" once you guys have a copy of the police report. Don't fall for the "wet wreckless" deal - it's basically a DUI in sheep's clothing. I say fight it out since you were WAY under the legal limit and this whole thing just reeks of "Promote me! Promote me!" on the part of the officer.

Be prepared in the long run to open your wallet quite a bit unless the police really screwed something up. However, have hope; it looks really good so far for you.
Keep us posted.

M3-to-STI · 02-24-2008, 12:31 PM

Jesus jumped up ****ing A christ! TWO drinks, a UNITED STATES MILITARY MEMBER!!!???!!! Ridic man. They should have shown some Goddam respect towards you as a fellow public defender and let you ****ing go with no tix or warnings.

I am pretty offended that one of our military members is going though this, as if you do not have enough to worry about with a Goddam war going on....

Goddam revenue generating traffic cops. Scum of the earth.

/RANT

02-23-2008, 11:57 PM	#4
SonicBoom Professional STI Racer Car: WRB 06 WRX STI Fav Mod: Protune Location: Atlanta via Motown Posts: 788 Join Date: Aug 2006 Trader Rating: (0)	Re: Accused of DUI. What to do? I also received a DUI in the military.. it sucks.. first the state will charge you and then the military sticks it in. I'd say you'll be fine though, I'd get a great lawyer just in case its not cut and dry.. but this sounds like bs.

02-24-2008, 01:29 AM	#6
SonicBoom Professional STI Racer Car: WRB 06 WRX STI Fav Mod: Protune Location: Atlanta via Motown Posts: 788 Join Date: Aug 2006 Trader Rating: (0)	Re: Accused of DUI. What to do? ^^^ Yeah, it was pretty bad.. fortunately for me, mine was overseas... I was in Italy, and drove the car literally the last 1/4 mile back to base because I didn't think I was over... Italy didn't know about it because it was on base so there were no local charges. But, I lost a stripe, a $1000 fine and a bunch of on base community service(really embarassing). It didn't really make that much difference for me(besides the stripe costing me money + respect) and I got out after 4 years... but for the OP, being an officer and planning to stay in, there's a hell of a lot more on the line....

02-24-2008, 06:36 AM	#7
Muffnbluff DOMINATOR Car: 05 STi OBP Fav Mod: Strut Clunk Location: STL Posts: 5,613 Join Date: May 2005 Trader Rating: (5)	Re: Accused of DUI. What to do? According to the state of Illinois a BAC under .05 is "Caution" between .05 and .08 is "Impaired" and over .08 is "Under the Influence". A .04 is a ****ing joke, taking some scope will make you blow that.

02-24-2008, 06:47 AM	#8
Boxer112 Professional STI Driver Car: 06 Subaru Sti Location: Whereever the military te Posts: 490 Join Date: Apr 2006 Trader Rating: (0)	Re: Accused of DUI. What to do? though, you blew a .04 and assume about 45 mins went by from the initial contact and the transfer to the station. The cop could of thought you were not safe to continue driving. Maybe he smelled the alcohol and HAD to take you to the station. Let's say he let you go, even though he smelled the alcohol. You get in an accident and another officer responds (his supervisor) and smells the alcohol. The initial cop is screwed. Though I believe you will get away with the accusation, it could of been the cop just covering his own ass. And for the record, stop drinking and driving regardless how many it was. Good Luck

02-24-2008, 07:05 AM	#9
///M Power Ultra Noob Mod Car: 06 WRB STI Fav Mod: 22k complete reconstruction Location: Cary, NC Posts: 1,588 Join Date: Mar 2006 Trader Rating: (1)	Re: Accused of DUI. What to do? Dont plea guilty and definately get an outside lawyer and try not to get the military involved. I am not famaliar with CO DUI laws but I have let people go when they were under the limit and I could have arrested them. I dont like the idea of charging someone who is under the limit and potentially ruin their life, so I solved the problem in other ways as having them find someone to come and take them home and have them pick up the car later on.......but in the end the best policy is not to drink any alcoholic beverage and drive

02-23-2008, 10:58 PM	#1
SR55_STi Junior STI Driver Car: WRB 05 STi Fav Mod: Stage 4 Location: US Posts: 50 Join Date: Feb 2008 Trader Rating: (0)	Accused of DUI. What to do? Hi all, I was pulled over and charged with a DUI tonight in downtown C-Springs. The officer initially pulled me over for an "illegal exhaust." I did not even know CO had exhaust laws. OK no big deal -- he says it's going to be a 65 dollar ticket. Apparently they are cracking down on this, so watch out! Nice, pay the ticket, go home, no big deal. He then asks me if I had been drinking. I tell him that I had two drinks. I am a military officer -- I do not lie. Perhaps this wasn't the smartest thing. He then calls over another cop. They make me do a roadside sobriety test. They make me sit in the cop car. They then take me to the station and make me do a breathalizer test. I blow a .041. I believe this does not even constitute a DWAI, and definitely not a DUI (.08). However, they accuse me of a DUI and write it on my summons assessment. I have a court summons in April. The cop even told me "I wouldn't plead guilty. Your blood alcohol isn't that high." If I get charged with a DUI I will never make it past the rank of captain. I'm only 23 years old. Clean record. Exemplary military officer. My career would be done. After four years of hell at a service academy, this is a nice way to start off my dead-end career. What options do I have? Any help would be greatly appreciated. This ad is not endorsed by this member. Please register or login to hide this ad.

02-23-2008, 11:04 PM	#2
shan mann Professional STI Racer Car: 06 Subaru WRX STi Fav Mod: Valentine 1 Location: Addison, IL Posts: 620 Join Date: Sep 2007 Trader Rating: (0)	Re: Accused of DUI. What to do? I guess its good that you told the truth. I'm actually a bit drunk as I type this LOL

02-24-2008, 07:18 AM	#10
Rootus S204 Racer Location: Mahan, OR Posts: 2,905 Join Date: Sep 2005 Trader Rating: (1)	Re: Accused of DUI. What to do? You have way too much to lose, I'd get the best lawyer you can find. Chances are that if you weren't pulled over for any kind of erratic driving, you can get the whole thing dropped since your BAC was below the limit. But with a military career on the line, I wouldn't take any chances.

02-24-2008, 07:25 AM	#11
BobDigi5060 Grassroots STI Racer Car: 04 PSM Location: Denver, CO Posts: 525 Join Date: Feb 2006 Trader Rating: (0)	Re: Accused of DUI. What to do? Yes you were way under the limit.. I'd definently get some legal advice so it can get dismissed. Best of luck

02-24-2008, 07:58 AM	#12
upncummr Spec C Club Car: '05 CGM Fav Mod: HPDEs Location: Omaha, Nebraska Posts: 1,188 Join Date: May 2006 Trader Rating: (3)	Re: Accused of DUI. What to do? ----- Last edited by upncummr : 07-26-2008 at 11:42 AM.

02-24-2008, 11:33 AM	#14
Track Silver Member Car: 06 Aspen white Fav Mod: Surfboard in passenger seat Location: Irvine, CA Posts: 420 Join Date: Aug 2005 Trader Rating: (0)	Re: Accused of DUI. What to do? #1: HIRE AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY! I'll take a shot from the hip and guestimate retainers to be between $1500-2000 these days. #2: Sit back & let your attorney fight the good fight for you. He will meet with the DA & may be able to plead it down to a "dry wreckless" once you guys have a copy of the police report. Don't fall for the "wet wreckless" deal - it's basically a DUI in sheep's clothing. I say fight it out since you were WAY under the legal limit and this whole thing just reeks of "Promote me! Promote me!" on the part of the officer. Be prepared in the long run to open your wallet quite a bit unless the police really screwed something up. However, have hope; it looks really good so far for you. Keep us posted.

02-24-2008, 12:31 PM	#15
M3-to-STI The Next Petter Solberg Car: PSM 05 STi Fav Mod: Z06 Mod Location: Richmond, VA Posts: 970 Join Date: Jan 2005 Trader Rating: (0)	Re: Accused of DUI. What to do? Jesus jumped up **ing A christ! TWO drinks, a UNITED STATES MILITARY MEMBER!!!???!!! Ridic man. They should have shown some Goddam respect towards you as a fellow public defender and let you **ing go with no tix or warnings. I am pretty offended that one of our military members is going though this, as if you do not have enough to worry about with a Goddam war going on.... Goddam revenue generating traffic cops. Scum of the earth. /RANT This ad is not endorsed by this member. Please register or login to hide this ad.