2 suspensions for 1 dui

[AngryCAdriver]

I was arrested for dui last April. I came around a corner in a bright red sports car at 11:30 on a Thursday night. Officer was coming from opposite direction and immediately made u-turn and pulled me over at stop sign a few feet away from the corner. Officer totally lied about reason for stop but apparently that doesn't matter in CA as they can give any reason they want so I am unable to suppress the blood results. Yes I was quite a bit over the legal limit. I have since found that 2 glasses of red wine over 3 hours puts me at .12! I am not drunk or a danger to anyone at that level(I'm sure the neo-prohibitionists would argue otherwise)!

I requested a dmv hearing and presented my evidence of lack of probable cause for traffic stop. DMV hearing officer continued hearing and subpoenaed the police officer. The officer was a no show but supposingly had left message that he had military training and that was a "valid excuse of unforseen circumstances under government codes blah, blah, blah", the hearing was continued again. Before the next hearing date I went to court and pled no contest. A week later I received a notice of suspension from DMV that was effective as of the "conviction" date. I thought that effectively ended the stay of suspension so didn't go to DMV on next hearing date. After 30 days I applied for restricted license and after paying $140. fee I was advised my licensed was suspended again starting next week for mandatory "per se" 30 days before restricted license can be issued! They say they can't do anything as that is a seperate action from the conviction suspension. 65 days total of no driving! I need my vehicle for business. Had I not requested the hearing or had the officer shown up the first time he was subpoenaed I would have already served the mandatory 30 days and qualify for restricted license for work. This is just not fair.

In addition to $1700. fine, fees to police & tow yard, dui ("I must be an alcoholic")school, booking fee, restitution fee (I did not damage anything?), and 96 hours in jail, I am also on an elected board so made headline news in the local paper to ruin a good reputation I spent over 30 years building by giving back to my community. I just finished the second 48 hour weekend in jail being treated like a low-life criminal. This whole thing is total overkill for the "crime" I committed.

Go to any restaurant in town and 80% of the customers are probably unknowingly candidates for dui on their way home under our current bac levels. And, while they are being arrested, a truly drunk driver may be swerving down the next road!

[butterfly_2000]

Dear Angry California Driver,
I too have a similar story having been issued a DUI in January of 2004. I had 2 glasses of red wine which is out of the norm for me. Generally, I do not drink at all. I was stopped and since 2004 have lost my dignity, job, and life as I once knew it. I have been forced by the DUI mandatory class to confess "I am a criminal and an alcoholic". How utterfly disgusting! I am neither. The time served in jail, fines, suspended license three times (for getting a lawyer I think) and the loss of respect within my friends and family and so on is much too much for 2 glasses of wine. I never drink and do not commit crimes! So I understand your situation completely.
This DUI has effected my ability to get a decent job and make a living as I once did. It has even effected acquiring a new career by going back to school since most licensing agencies will not license to a DUI offender. I am frustrated.

[Bader]

I have had such trouble getting a job, any job, after my second arrest (I haven't even been convicted yet)--it's clear that DUI drivers are being made Public Enemy #1!

MADD has been very successful at criminalizing this offense, and since John Q. Public didn't say anything, the laws are on the books.

Even the president of MADD got a DUI recently (she resigned).

It may take five, or ten years, but I believe that the pendulum will swing back eventually.

[bruinan]

I am so p.o'd for you all, and for myself as well. Almost 99% of the people I know are candidates for a DUI, even those who oppose it so strongly (NO, NO, PEOPLE WHO DO IT ARE CRIMINALS), are getting them as well.

What is horrible is that everywhere you go, they tell you what a criminal you are and if that is the case, with so many people who are candidates for a DUI, then most people are criminals.

Give me a break!