My DUI Story

[SadlySober]

I feel like a real idiot. I lived in a rural area for ten years, then moved to a condo two miles from work so I could be closer to the world. Last April, I was missing my buds, so I drove out to the watering hole where I used to live. I sat down next to a fellow that I have known for around five years, not great friends, just drinking buddies, and we chatted a little, not much. Mostly, I sat and drank my beer, and waited for other people to come in. Being a Sunday night, it wasn't a likely thing to happen, anyway.

After two beers, I walked out, and went down the road a piece to reflect on how I missed the area. Then I walked back...could have gotten in my car, but I didn't feel like going home yet, so I went back in.

Sat next to Pete again, and had another beer...#3 at this place, about six in four hours. Not being real smart here, I had nine miles to drive home, but here is where it got interesting.

Around 9:15, during beer #4, (I only drank 1/2 of it), I was seen to get up, and without a word, walk out of the place.

I was later seen at another bar down the street, where friends said that I was clearly "three sheets to the wind", but that they didn't see me drink anything, and neither did the owner of the place (whom I knew pretty well, too).

Around 11pm, I arrived home and the first thing I really remember after leaving the bar (other than some flashes of driving SOMEWHERE at speeds of between 35 and 70 MPH!) was opening my door, and seeing the air bag in my lap. It dimly registered that this was bad, and when I got out, I saw that my left front wheel was BROKEN and the tire shredded. Not good, either.

I felt pretty bad, so I opted to head to bed so that I could sort it out in the morning. I made it into my place, and was about to pass out when there was a knock at my door. In my befuddled state, I thought that the neighbors had seen my car, and were there to see if I was all right.

So I OPENED the door. BAD move. I couldn't see who was there (I had a peep hole that I did not use), but it turned out to be the local constabulatory, and the gent started asking me questions...which I don't remember, but apparently asnwered truthfully.

At this point, he asked me for some ID. I knew that I had put my wallet on my night stand, so I walked back to my bedroom to get it. I fell down in the hallway and passed out.

I don't rememeber that, or three cops coming into my place and sticking a tube in my mouth...I heard somebody yell out ".24!!" and I guess that's when they arrested me, read me my rights, and started dragging me to the prowler.

I remember vaugely the cop yelling at me in the car about the consent law...he had to yell at me about ten times until I said yes, I understood. I don't remember the DUI processing center, or the taxi ride back.

In short, the night, which was very quiet and civilized, turned into a nightmare. I have lost my job, which I had for 19 years, and will lose my license for 18 months, as this was my second DUI.

Points: I believe that I was given a mickey, likely by Pete. The highest BAC that I could had, given what I had drunk, was .10-.11. How the FRACK did I get to .24???? How the FRACK did I even start the car, much less drive it nine miles on winding country roads? Who had I killed on the way back???

Turns out I was lucky in that regard. I only "killed" a stop sign. This made a horrendous noise, which is why my neighbors called the cops on me.

I have a good attorney, who has gotten the jail time reduced, but I would like to get this thing thrown out!

1) Can the police just come into my house without permission? I know I fell down, but still....

2) Can the police just stick a breathylyzer in your mouth when you are passed out? This seems wrong.

The whole DAMNED thing seems wrong!

[irish lass]

Yes, the cops can come to your home and arrest you for DUI even the next morning! This happened to a friend's father. He had been out drinking, went home to bed and the cops came to his house the next day and arrested him for DUI. Similarly, I believe he hit a sign or something like that.
I was arrested in my driveway due to a taillight being out. Lost my job as well but thankfully didn't kill anyone and am here to talk about it
It'll get better, hang in there

[Bader]

By that, I mean a DUI conviction on the morning after...well, I suppose a person might still have a high BAC.

My question deals with the actual entry of the police into my home. Doing this without warrant or permission is against the Constitution (even as shredded as it is these days), and several tenets of state law.

My lawyer says I may have grounds for a hearing, but that judges hate to throw evidence out, and mine is a pretty open and shut case. My feeling is that a conviction will so SCREW with my life, that I have to take any chance I can get.

The carrot that the DA has been dangling (and this was two months ago, it may be gone) was a reduction of my jail time by 66%.

Any thoughts on whether I should take the deal or fight?

Thanks!
R.

[bruinan]

How much jail time are you looking at?

If its a few days...well, the PD had offered to let me do mine (when they were still threatening me with it), during the weekends, so I would not have to take time off work. Would that be viable for you?

If you are paying a base rate for a lawyer though, you might as well fight it.


I am very sorry to say but the situations of DUI arrests are getting more and more ridiculous and I feel like the only one who feels this way. I agree, that driving drunk is neither safe or wise but what is the deal with what they can come up with to charge you with a DUI?

Sorry about the rant, but Bader, if they did come into your home without a warrant, you should fight it out. I recall somewhere that they had to have caught you in act, so to speak. Coming into your home after the fact is not playing fair. You could have been sitting on the sofa after driving home sober, then gotten a few brewskies when they busted in a few hours later.

So yeah, I would hate to see one more person hitting the rap with this one.

[bucky]

I'm in the same position as all of you. DUI< refusal to submit to a breath test. Looking at 20 days in jail, $3000.00 minimum fine, ASAP, and 1 year license suspension for having two beers. I believe the "Elite" want us to go to work, come home and stay there. No more being Social. I started digging my cave so I can really be a hermit. Just what they want. What else can you do? Hope this makes since, and it is not the end of the world to have a DUI. Just makes life miserable for a year or so. Got some real good downloads from duiprocess.com. Thanks to them I hope to get my record erased, and learned about the FST'S and BAC on how wrong they are when officer tests you on these.
Take care!!!

[Bader]

Can't say that I am happy with what I did after this arrest. I had made my job my life, and when this happened, and I knew that I would lose it, I very much collapsed. Also, a doctor put me on a drug that made me sleep for 20 hours a day, so all in all, I lost a LOT of good time with which I could be helping myself.

Such as posting on this site, getting a Wisconsin or Michigan license, moving to another town with better mass transit...many things. Now I am totally down the crapper, and I refuse to drink at all now, so I am pretty edgy.

My employer offered me a job until I was convicted, then shut off 2/3 of the building because I was what? Considered a threat? After ten years there, I felt very much ashamed, and that aided in my decision to stay away.

I am looking at 7 days in the can with 23 days of house arrest (ankle bracelet) if I take the deal, 7/23 days work release/60 HR if I don't, and fight.

It's nice to meet you!

[bucky]

Badder,
Thanks for the welcome. If you were taking the meds when your Bac was taken this might create a false reading. Hope you have a good attorney. They are out there but cost an arm, leg and thigh. This is my second atty. I needed a second opinion. First atty wanted me to take the plea agreement of dismissing one charge and pleading quilty to the other. They should both be dismissed. The officer that gave me the FST'S and the Bac at my vehicle said the Bac was inaccurate. So when I was taken to the jail for another BAC I refused on the basis that if one is not accurate there all not accurate. He also did not let me contact an attorney after I asked (when put in handcuffs) until after he read the implied consent form. Yes, the attorneys charge a lot of $$$$, but that's what credit cards are for. Pay off monthly. I still know that law enforcement officers get a big atta boy when they get a Dui arrest. Hang in there and maybe we can communicate across the wires while in jail!! I was so distraght after this, I just wanted to give up. I pray and pray that God helps me come through this. Believe me, this helps.
Bucky