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Legal advice, DUI

Turock

Turock

Apr 30, 2000
7,003
1,047
Melnibone
shamelessdave.com
#1
After my New Years gig I was arrested for DUI. I registered .03, when that wasn't high enough for the officer, I was taken, handcuffed, to the local hospital for a urine test. SC is a "zero tolerance" state. I was told that if I did not submit to these tests and urine sample that I would lose my license for 90 days. It was a humiliating ordeal. The officer had to realize I was not drunk.
In the city there are many (mostly) one-way streets (confusing, even though I am somewhat familiar with the area). I turned the wrong way on one of them. I was not drunk nor taking any drugs, I simply had made a mistake.
I had two glasses of champagne at midnight (small test tube looking glasses that probably held about two swallows each) and one shot of Crown around 1:00 AM. I was pulled over at 2:00 AM.
I spent 12 hours in the drunk tank, handcuffed and shackled for a good deal of that time.
I had two MIA Fender basses in the back of my truck, and the officer would not even let me put them in the cab (the officer was a prick). My vehicle was left on a busy street, unattended, until a wrecker got there. Cost me $210 to get my truck back, plus now I have to hire an attorney. Thankfully, my basses were not stolen.
I have never been arrested in my life, one speeding ticket in over 35 years of driving is the extent of my "lawlessness".
The thing that I am concerned about is that I had smoked some pot on my birthday (just a pinch in a pipe), which was four days prior. I normally do not smoke pot, but hey, it was my birthday. Since I am not a habitual user (actually it is rare for me to smoke pot) and it was a small amount, will it still show up, and could this be used against me since there is no way to prove when it was smoked?
 
#2
First, how did you get busted for .03? I thought all states had .08 as the minimum?

Also, I think the urine test in this case would only be testing for alcohol. They have no reason to test you for the pot, unless you told the cop you had smoked some pot a few days ago.
 
#3
Unfortuantely, you're going to need a lawyer. You didn't deserve to be arrested, but you don't want to represent yourself in a DUI. You want this to completely go away (because it effect all kinds of other things like Credit Score, ability to get a job, auto insurance rates). This was rotten luck, you don't deserve it, but you need to hire a DUI lawyer that knows how stuff works in your County and can make this bogus bust go away. Do an internet search or use Lawyers.com or ask your family attorney to recommend a DUI pro. Let us know how it goes.
Neal
 
#4
Vince S. said:
First, how did you get busted for .03? I thought all states had .08 as the minimum?

Also, I think the urine test in this case would only be testing for alcohol. They have no reason to test you for the pot, unless you told the cop you had smoked some pot a few days ago.
Click to expand...
I did not tell the cop about the pot. But when I registered only .03 he was convinced that I must be under the influence of something, which is why I think they will test for other substances, including pot. Evidently, a "zero tolerance" state does not recognize .08 as being the minimum. I really thought that when he saw .03 he would let me go. Surely someone is going to look at this and throw it out.
 
#6
Generally, every blood sample they send to the state crime lab will test for alcohol as well as cannabis. The latter may have been out of your system after 4 days. The 30 day thing is a myth.

In any event, proving it was in your system isn't enough. Unless the legal limit in your state is .03, they have to prove that you were impaired by the alcohol, the weed, or the combination.

You didn't mention being interviewed or tested by a drug officer. Most jurisdictions have a very few officers specially trained and certified to investigate to determine whether a driver is impaired by marijuana, coke, amphetamines, etc. It is a complicated process, and to be considered scientifically and legally valid, certain rigid protocols must be met.

You didn't mention your age. In my state, you would likely be found not guilty of DWI, but if you are under 21 you could be found guilty of DUI, which applies to people under 21 and the limit is .02.

If they persist in pursuing this charge against you, there will be a need for that lawyer. My recommendation is one who knows the local court and who practices DWI law...not your dad's corporate attorney or your roommate from college who has a fresh new law degree. This is serious business and could follow you around for years.

BTW, nothing here should be construed as legal advice of any kind, just personal suggestions like the kind you find on an internet board.
 
#10
Turock said:
Thanks, you've been a big help. Actually, I was kinda looking for similar experiences. Didn't I mention I was going to have to hire an attorney? Looks like you need to work on your comprehension skills.
Thanks everyone else.
Click to expand...

I take it you haven't followed any of the other threads where all the straw lawyers came out of the woodwork. If you're going to hire a lawyer, there's not much benefit to getting the sometimes cockamamie opinions you'll get here. In fact, that's true even if you're not going to hire an attorney.

Further, I strongly suspect there is more to this story than meets the eye.
 
#12
Munjibunga said:
I take it you haven't followed any of the other threads where all the straw lawyers came out of the woodwork. If you're going to hire a lawyer, there's not much benefit to getting the sometimes cockamamie opinions you'll get here. In fact, that's true even if you're not going to hire an attorney.

Further, I strongly suspect there is more to this story than meets the eye.
Click to expand...

Gotta agree with Munge on this one all the way...
 
#13
Munjibunga said:
I take it you haven't followed any of the other threads where all the straw lawyers came out of the woodwork. If you're going to hire a lawyer, there's not much benefit to getting the sometimes cockamamie opinions you'll get here. In fact, that's true even if you're not going to hire an attorney.

Further, I strongly suspect there is more to this story than meets the eye.
Click to expand...

I agree. There had to be SOME reason for the cop to pursue it when you blew .03. Hard to tell, but there probably was some other factor.

However, the officer was (IMO) negligent in not securing your personal property (basses) and if you encounter any problems, I would encourage you to discuss this with your lawyer and consider going after the officer. You might gain some leverage.
 
#14
scootron said:
Generally, every blood sample they send to the state crime lab will test for alcohol as well as cannabis. The latter may have been out of your system after 4 days. The 30 day thing is a myth.

In any event, proving it was in your system isn't enough. Unless the legal limit in your state is .03, they have to prove that you were impaired by the alcohol, the weed, or the combination.

You didn't mention being Most jurisdictions have a very few officers specially trained and certified to investigate to determine whether a driver is impaired by marijuana, coke, amphetamines, etc. It is a complicated process, and to be considered scientifically and legally valid, certain rigid protocols must be met.

You didn't mention your age. In my state, you would likely be found not guilty of DWI, but if you are under 21 you could be found guilty of DUI, which applies to people under 21 and the limit is .02.

If they persist in pursuing this charge against you, there will be a need for that lawyer. My recommendation is one who knows the local court and who practices DWI law...not your dad's corporate attorney or your roommate from college who has a fresh new law degree. This is serious business and could follow you around for years.

BTW, nothing here should be construed as legal advice of any kind, just personal suggestions like the kind you find on an internet board.
Click to expand...
Suggestions, what to expect, is all I am looking for. I know I can't really get legal advice here, I am 53 years old. I am getting an attorney known around town as the guy to get. I was not interviewed or tested by a drug officer. I had a field sobriety test which he claims I did not do that well on. I had to stand on one foot, arms by my side and count 1001, 1002 up to 1030. I had to do the heel to toe walk. By that time I had been up for around 20 straight hours, worked two jobs, had been on my feet for a four hour gig, was wearing boots with a high heel, and had loaded a couple thousand pounds of musical equipment. I was tired. I can't even do those things well right now.
 
#19
Can you clarify this for me? It's my understanding that you were arrested after you failed the subjective field sobriety tests (standing on one foot stuff) and also after you registered a .03 BAL. on the handheld breathalyzer. You were then brought to the hospital for an official BAL urine test. Is this correct? And if so, what was the result of the official test? I guess I'm not clear on what test you registered the .03 on -- was it in the field or in the hospital?

Also, did you give any statement to the effect that you admitted to being impaired (to any extent, not necesaarily drunk) by the alcohol that you consumed?
 

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