Don't ever get a DUI.

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donsrods

Well-known member
Joined
May 11, 2007
Messages
10,476
Location
fort myers florida
This might be a little lengthy, but I hope it helps just one person out. I have a lady friend who got a DUI in about June. She did what probably 90% of us have done, she went out to dinner with a couple of friends, had a couple of beers, and drove home. On the way a car bumped into her at a light, and the cops came. She blew just above the .08 limit, but was arrested for DUI. She spent the night in jail, posted bond, and got out the next morning.

So far it has cost her about $ 10,000.00 and she isn't done yet. She had to hire an Attorney...........$ 4500.00. (She was facing 6 months in jail, so she hired one to try to keep that from happening) She plead guilty, and was fined $ 1000, ordered to take 18 DUI classes ($45 each time), had to go for monthly alcohol and drug swabs ( $ 55 each time) do 50 hours of Community Service, or pay $ 10 per hour to buy out of it......she is paying the $ 500 option.

They also ordered her car to be fitted with a device that you have to blow in and hum into to get the car started. It cost her about $ 200 to have it put on, and another $ 80 each month to have it checked out, for the next 6 months. Now here is the kicker.........she is a smoker, and can't blow enough air long enough to start the car. So I have volunteered to haul her around for the next 6 months for Probation Meetings, groceries, Doctor visits, etc. She is a good friend, and a nice lady, so I don't mind, and I am retired so I have the time.

Now let me tell you about the device you have to blow into. It plugs into a harness they install, and to start the car you have to blow hard and hum at the same time for 5 seconds. I don't smoke, and it is even hard for me to do. If you are sucessful you can now start the car. HOWEVER, 3 minutes later an alarm goes off and you have a minute or so to reblow and hum to keep the car running!!!!!! Then, every 20 minutes after that the same thing happens, and you have to reblow. IT IS A REAL PAIN TO DO!!! I take her car to the place where they recertify it once a month, and I hate driving it.........here I am, at redlights, huffing and humming to keep the d*** car running. If you fail to blow enough, you lock up the system and have to wait one hour before retrying. And if you have used mouthwash, or even eaten some fruits or chocolate candy, it may set off the system so the car won't start. :eek:

Next, we had to take her to get a hardship drivers license. She had to go 3 times, the first one got taken away when she went to court. She reapplied and go the second one. That one was taken away because she had to have a new one done that has "MUST USE BREATHALIZER" printed on it. I think she laid out something like $ 600 for all these licenses. Every time I take her to one of the places she has to go she is writing check after check to pay the penalties.

Allstate Insurance cancelled her also. She has been with them for many years and never had one claim, or even a parking ticket, but they automatically cancel you with one DUI. She has had to apply for Risk Insurance that will cost her an arm and a leg, PLUS, the insurance companies add a fine on top of the high insurance rate just because you have a DUI.

Her Probation ends in May, and this has basically ruined her life. She lost her job because she had to take so much time off to go to meetings and court ordered testing. She had to take early retirement, as she can't even drive to find a new job.

Now, I know some will say drunks should be taken off the road........and I agree 100%. But what we are talking about here is something most of you, and me, have done on lots of occasions. We go to dinner and have a beer or two, or we go out with some friends and have a couple. This lady has never been in any trouble in her life, and is in her 60's. The system treats her like a criminal though, and it has cost her dearly. I don't really drink much at all, if I have one or two beers a week it is alot. My Sons wonder why when we go out I have maybe one beer and then switch to Club Soda or something like that. MADD has put so much pressure on the authorities they are working toward zero tolerance......even a .01 may be considered illegal in the future.

Sorry for the long post, but I never knew how much they put a person through until this happened to her. If I can save any of you the same fate, it will be worth it.

Don
 
I know several people here in H-town that got DUI's. Like Don said... it's costs aprox $12K-$15K & some major, major hassles. Although I have been know to have a few... I never do so & drive! Ain't worth it!!!

BoB
 
It makes me think of all the times I was stupid and lucky. Ive never had a DUI but know that its just not worth the risk.
 
I know, I've been guilty of the same thing many times. You go out with friends, you're dancing, laughing, having a good time, and you have a couple more than you should. Then you have to get home, so you think you are fine and you drive. All it takes is one second to ruin your life.

I was watching the Court TV trial featuring the baseball player, Jim Leyritz. He went out on his birthday and had a few drinks. On the way home either he, or the other car, ran a red light and the lady in the other car was killed. He was facing 15 years. It was never proven that he ran the light, but he blew a .14 so he was arrested. Luckily, for him, he was able to hire good enough Attorneys that they got him off the Manslaughter charge, but it was reduced to just DUI. But his life could have ended right there if they hadn't been sucessful.

It isn't like the old days when a cop would follow you home and give you a stiff warning.

Don
 
The best time to make an intelligent decision is BEFORE you drink and drive. I have driven under the influence an embarrassing amount of times in my life but nowdays 2 beers in 2 hours is my limit. If I am going to have more, someone else is driving or we just get a room or a taxi and leave the car home, where you can't get to it when your judgment is impaired.
Even at that, it sounds like she was put through the wring for a first offense and so close to the limit. In hindsight she should have demanded a blood test.
 
That is a good point. She is a little lady, about 5'4" and thin, so it doesn't ake much to get her over the limit. She also has had both feet operated on, so she can't stand well enough on one foot to pass that test (I can't stand on one foot when I am stone sober! )

Here Attorney (who handles only DUI stuff) said his advice is to not take the breathalizer test, refuse it. They will pull your license immediately for a year (here in Florida anyway) but they can't charge you with DUI since they have no proof. The way it turns out, she has in effect lost her driving privilage for about a year, and it cost her a whole bunch of money.

I also learned through that Jim Leyritz trial on TV that as time passes, after you drink, your BAC rises. So a half hour after the last drink you will not be as high as later on. So a lot depends on how soon they administer the tests.

Don
 
MY boss was dinged with a DUI about a year and a half ago. It's slightly different up here in Canada, but it's still the .08 limit. Seeign what it has done to him financially has been enough to set it in my head. He had his licensed pulled for a year, had to take the drunk drive course and has the breathalizer in his truck now. Not that I ever really have drank and drove, but as said above I have had a beer or two and driven home probably more then I would like to admit.
 
Don, same advice a good friend who is an attorney told me. Refuse any field sobriety tests (if you have had anything to drink). You still loose your license for a year but they don't have anything to convict you with.
Funny thing, most guys who have had a couple drinks are like Ron White, they have the right to remain silent but don't have the ability to.
In all fairness it should be more of a reaction type test. I am certain I can still drive better at .10 than 95 percent of the sober people on the streets, especially the teenagers who are texting, when are they going to realize cell phones now cause more accidents than drunks. Not saying they should go light on dui, just that they should be on top of other types of dangerous driving too.
 
Good friend of mine is a lawyer. Similar to what was said above, simply politely and QUIETLY (so mic doesn't pick up your speech) refuse all field sobriety tests and go sit down on the curb. Do not talk, do not stumble around in front of the dash cam. Don't talk or squirm around in the cop car, it's all recorded. Politely refuse the breathalizer at the jail.

You will definitely spend the night in jail, have to hire a lawyer and lose your license until you go to trial (might get a restricted work-only one). But they will have very little "proof" that you were drunk, and the burdon of proof is on the state, not you. Must be proven guilty - basically the cops word only and his opinion. If your lawyer is halfway decent he will reject any jurors that are likely to side with a cop or are non-drinkers.

In fact, he just sat on a DUI case jury. The guy didn't blow but he still made some mistakes - kind of insulted the cop on camera. But he didn't stumble around and was generally quiet. He got off. And it was 4am on a Sat night...
 
Here in NM you can get 15-20 DUIs and they don't do crap! :mad: I'm not lying!

Now that is crazy.

I figure Iowa has it about right. 1st will get you about 2-3 grand. The 3rd one is where things get REAL serious. 10-15 grand and some jail time - class D felony.

Any accident or you blow over .10 and you get the exhaler on your car.

And there are still a few cops around here that will tell you to 'get home'.
 
Some States are more strict than others. I hear that Connecticut has a manditory 6 month jail sentence for the second offense. Not sure what Florida is, but the judge can do that even on the first offense if they choose.

I think the best bet would be to tell the cop you won't say anything without your Attorney present. Even when they are questioning a murder suspect, as soon as he says he wants his Attorney, they stop everything right there.

I wish some of our police officer members on here would fill us in on how they feel about what we have been discussing. Not trying to make this an "us versus you situation" just trying to see what our rights are when stopped.

Don
 
Here in ILL if you hold a CDL it drops to .04 no matter if your in car or truck
Don they really went after your friend hopefully she will get back on her feet get this behind her
 
It's different from state to state and county to county. In L.A. County, your first DUI, even if you're plowed, will get you a plea bargain down to a "wet" reckless. No jail time but a stiff fine. However, a second arrest will get you a DUI plus bump the first one to a DUI thus giving you a prior conviction. For it to reach felony status, requires your 4th DUI in 7 years.

Now the next county over, Ventura, where they have jail space, a first DUI will get you jail time.

You think we have it bad? The first DUI (you smell like alcohol) in Japan will get you one year in jail. Second conviction, you and your spouse go to jail. El Salvador? First DUI conviction is death by firing squad.

As for refusing to take a test? It works if the officer did not see you driving. If he observed you driving impaired, even if you refuse a test, it indicates a conscienousness of guilt and they will prosecute. That why when you refuse, they tell you that a refusal can be used in court against you.

I use to drink, but one day when I was sober and the people around me were drunk, I thought, "Do I act that way when I've been drinking?". It cured me and I haven't drunk in 28 years.
 
.10 really isn't impaired for most people, let alone .08. However, cops can manufacture probable cause. All they have to say is that you crossed over the center line and it's their word against yours. I was riding with a friend and 2 Hp pulled us over because they said the car was loud and we both got open container violations because there was a couple empty beer bottles in the car. They were actually looking for something else because they webnt through that car with a fine toothed comb.We went to court with all the paperwork that he had just replaced his whole exhaust system with stock components. The judge even came out and listened to the car and agreed it wasn't loud but the probable cause stood. Judge says it's a judgment call for the HP and if they said it was loud then it was.
My friend had long hair then and we found out later they had been doing profile pickups on that stretch of road. The one cop even admitted it in a newspaper article.
 
I have a friend who drank beer like it was going out of style. Drank it all day and night. He got his first DUI and it cost him a bundle, but it didn't slow him down. His second DUI costs him more plus he had to serve weekends in jail for 6 months. That fact changed him to a non drinker. Serving time in jail when your 5'5" is scary! Now he says, and I quote, " Everytime I feel like acting up, I get in my truck and drive past the prison and then I don't feel like doing anything wrong!"..[cl...CR
 
I've never been in jail, but I bet your friend is right, CR. That would tend to make you never want to go back again.......you aren't exactly put in a place with the nicest or classiest bunch of people when you go there.

Watching the trial of the baseball player made me realize how a persons entire life can change in a heartbeat. If he hadn't had any alcohol in his system the accident would have been just that, and accident. But because they found his BAC level was over .08 he was charged with manslaughter. They couldn't even bring out in court that the girl who was killed in the accident had two pages of driving violations, had a BAC of .18, had no headlights on at 3 am, and was texting or phoning at the time. By law they could only focus on HIS actions, not HERS.

Last week we went out to dinner to celebrate my twin Sons Birthdays, and I had a Bloody Mary and one beer, and I was worried all the way home, and it was only a 15 minute drive. You just never know when there will be a DUI checkpoint or someone runs a light and runs into you.

Don
 

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