DUI Question

[JollyMon]

Can I do a wet lab if I stop at 10 drinks?

Can they be anything with alcohol in it?

 

[Tnichols00]

Thanks for all the input both with help and judgement, I was already halfway through the process and knew it was getting dropped to a reckless was more just curious if it had any effect on me in the mean time. I did not want to say too much earlier as it was not all completed.

Im glad that I am the only one on here that has ever made a mistake and can be judged for it.

 

[Joniki]

Thanks for all the input both with help and judgement, I was already halfway through the process and knew it was getting dropped to a reckless was more just curious if it had any effect on me in the mean time. I did not want to say too much earlier as it was not all completed.

Im glad that I am the only one on here that has ever made a mistake and can be judged for it.

I hope you have learned from your mistake.

No ill will intended...

 

[nra4ever]

Dui to a reckless is a great deal. That is a no no in marion co. Almost unheard of unless you have the right attorney.

 

[VUPDblue]

I would be friggen livid if one of my DUI arrests got converted to reckless driving.

 

[canterbc]

Skimmed the thread and I have to ask...are there people here actually defending the practice of dui? I think I saw it compared to carrying in a prohibited place. You know, a practice that is proven to be orders in magnitude more dangerous than if the person was sober and a practice that is exactly the same as the legal version of the practice, just inside an arbitrarily defined prohibited place? Seems apples and oranges to me.

 

[canterbc]

I have no idea how the best dui attorney in the world could change a good dui arrest into anything other than a dui. If the arrest was good, nothing else should matter.

 

[canterbc]

Im glad that I am the only one on here that has ever made a mistake and can be judged for it.

Come on man, don't play the victim card here. You were wrong. If you don't want to hear it, don't post it up on a forum. Everybody here has made mistakes, I'm the first to admit I have. I however to my knowledge haven't made an incredibly selfish mistake that endangered the lives of myself and others. If I had made that mistake I sure wouldn't try to defend myself. Just my 2 cents.

That said, I don't think it should impact your ability to defend yourself with a firearm.

 

[nra4ever]

I have no idea how the best dui attorney in the world could change a good dui arrest into anything other than a dui. If the arrest was good, nothing else should matter.

And that my friend is why you pay the big bucks to get the best at what they do. The law does not care if you are guilty or innocent it only matters if the state can prove it beyond a reasonable doubt to a jury.

The guilty rich man will always walk away free we can only hope the poor innocent man will.

 

[Fargo]

I have no idea how the best dui attorney in the world could change a good dui arrest into anything other than a dui. If the arrest was good, nothing else should matter.

The standard for a lawful arrest is probable cause, a very low standard satisfied by odor of alcohol and a moving violation. The standard for conviction is beyond a reasonable doubt, a very high standard.

 

[17 squirrel]

I tend not to post within dui threads, but with that smart ass post.

I will say this, it was not a mistake you made, it was a decision YOU MADE when you climbed into the drivers seat and operated a motor vehicle impaired.
You do not have the right to endanger anyone by operating anything in public under the influence. Those that get caught along with jail time should have to help clean up accident seens along with doing notifications of family when people have been killed or maimed by drunks or under the influence of drugs.
I'm 57 and have been driving for 41 years, I've never driven drunk. Never.

It's not something I would post or boost about that I got off easy about..

 

[rbane3]

And that my friend is why you pay the big bucks to get the best at what they do. The law does not care if you are guilty or innocent it only matters if the state can prove it beyond a reasonable doubt to a jury.

The guilty rich man will always walk away free we can only hope the poor innocent man will.

Here's where the law and I get into problems.. Not to derail an already off the tracks thread

Six years ago, I also made the idiotic decision to get behind the wheel of a vehicle after drinking. Unlike the situation the OPs narrative lays out as a minor offense, I was blasted. I had everything set up.. a ride a phone call away, a bed to potentially share with said ride (of the female persuasion), etc. But I had way more than I should have and got behind the wheel. It was ****ing stupid. I never, ever should have done it.

I was not a LTCH holder at the time. I was not carrying.

Anyhow, I got pulled over because my lights were off at 2am. Well lit streets, it never occurred to my addled brain to turn them on. According the the arresting officer, my driving was passable but my lights out was the clincher. And of course, bombed my field sobriety tests.

The meat of the story is this.. I went into the courtroom on my appointed day and plead guilty to the OWI misdemeanor they charged me with. I hadn't spoken to an attorney or public defender. As a generally law abiding citizen with no formal education on legal affairs beyond the occasional episode of NCIS or L&O, I had a naive (idealistic?) view of the justice system. The judge asked me a simple question.. "Are you guilty of this thing they say you did?" and I responded honestly "Yes, I'm sorry. I haven't committed any previous offenses." That's how I thought things were supposed to work... boy was I wrong.

I took the book that was thrown at me, did everything I was supposed to do and I took a seriously hard look at my drinking habits. It's incredibly rare that I drink anymore; when I do I don't do so to excess except in a completely safe environment and I absolutely will not drive if I have more than 1 drink. But my naivete has had pretty long-lasting consequences. For example, I've tried to reenlist (honorable discharge / ETS in '08) but they're not taking waivers for DUI.

 

[Tnichols00]

I would be friggen livid if one of my DUI arrests got converted to reckless driving.

Not to justify my actions but the difference between me being over and under was less than a beer for a guy my size and that is why it got dropped. The officer was in the right to arrest me, the prosecutor is the one I got to thank. Yes I was in the wrong, yes I made the mistake and I will not be doing that again. In all honesty I thought I would pass the breathalyzer, so that goes to show me its best to stop driving much sooner and know your under than to assume that you dont feel drunk so you must not be.

As far as some of the comments go about having a gun in the truck, where should I have put my firearm? It is a truck gun, it is my backup gun that stays in the truck. To me the truck is just like my house, if I have a few beers at home I dont go grab my gun and put it away, I leave it where it is and dont touch it. The same happened with this gun.

 

[JettaKnight]

Here's where the law and I get into problems.. Not to derail an already off the tracks thread

Thanks for the story. It seems that often the system is not set up to honor those that responsibly accept their own guilt.

 

[WestSider]

I don't think an OWI should ever get pled down to reckless driving, but that's just me. I'm not going to pile on and preach to someone who admits they made a mistake, but getting behind the wheel of a 3,000 lb projectile drunk is something that deserves more than a slap on the wrist IMO...

I'll never get mad at the CJ system when someone is properly charged and punished for doing something that puts people's lives in danger.

 

[ART338WM]

I know this has nothing to do with the OP's request for help, but over the last 30 or so years I have told literally COUNTLESS A**H****S that go home tonight and thank God love for my second amendment rights is over riding my overwhelming desire to give you the A** beating you so obviously and desperately need.

Same goes for drinking and driving. Thankfully I have 3 positively lovely little quaint neighborhood bars all within walking distance of my home.

 

[Dirtebiker]

"Glad you didn't kill anyone while you were carrying a gun. Regards"

Calm down man. It's not the same thing.

 

[Dirtebiker]

What type of condition could there be? Besides there are other tests involved. I have yet to see a person who could not perform any test. The Nystagmus measures smooth movement from side to side and the involuntary jerking movement at the maximum end that cannot be prevented by a person under the influence. From there if the person truely has any physical conditions that would prevent them from taking an SFST (and you suspect alcohol involvement), you offer them a certified test.

One of the first things that is asked by the officer "is there anything that would prevent you from physically taking this test". PC can still be developed from the other tests.

I know of several people with conditions that would not let them pass the nystagmus test. Those same people would have trouble with any tests involving balance also.

 

[Denny347]

I know of several people with conditions that would not let them pass the nystagmus test. Those same people would have trouble with any tests involving balance also.

Do they smell of booze? Are they able to pull their driver's license out of their wallet without getting distracted? Is their speech slow/slurred? Do they admit to drinking before driving? Will they register a BAC on a PBT? Are they driving like they are drunk? SFST's are great to have but these other factors will tell me if they are truly drunk or not. I've even called medics to a scene to rule out blood sugar.

 

[HoughMade]

Calm down man. It's not the same thing.

"Calm" doesn't seem to be his thing.