Best way to get out of a DUI (I'm not condoning DUI)

[LeafOnTheWind]

Like the subject says I'm not condoning Driving Under the Influence. I look down on drunk drivers as much as the next.

But mistakes happen. Especially if you are ignorant like I was when I was arrested for being barely over the limit at .083. I would never have gotten behind the wheel if I thought I was over the limit. I thought to myself "well I'm not drunk so I can drive no problem even if I get pulled over." WRONG! You may not feel drunk. Especially if you have a high tolerance from drinking on the reg. You will still go over the limit at the same moment as everyone else based on your weight X time X amount of alcohol. I for example I am only 140lbs. So if I have like 4 drinks I will be over the limit for the next 3 hrs!!

So now to avoiding a DUI. Of course first thing is to be careful of how much you drink. Use a BAC tracking app on ur phone if you know you have to drive. Drinking lots of water will not decrease your BAC. That only helps prevent hangovers.

Scenario 2. U get arrested for DUI. Here is where I am hoping to help those first offenders with a clean record who MISTAKENLY drive over the limit.

1) As soon as you are pulled from the car to do a field sobriety test. SHUT UP! Speak as little as possible. Don't make excuses or explain why you have been drinking, ect. Be 100% cooperative.

2) You are over the limit. Blow the breathalizer twice in the field. DO NOT DO A BLOOD TEST. Those are even more accurate. Breathalizers can be off by .010.

3) BLOW AGAIN AT THE STATION. This is half the reason I got out of the DUI. I blew .06 at the station.

4) GET A LAWYER! Many people told me not to waste the money. Having a lawyer is always worth the money! DUI lawyer you will pay $1000-1500.

The lawyer made a phone court hearing with the DMV which is your choice to do withing 10 days of the arrest. I would not have done this on my own. This small thing alone saved my licence from 30-90 days suspension! Because the DMV chose to see the .06 that I blew

Then finally with the lawyers help he got me a deal from the judge because it was my first offense and I was so close to the limit. I was only charged with Wet Wreckless driving with a .06 BAC. Still a serious misdemeanor. 2 points on my record and 3 years no tollerance BAC probation and it's on my record for like 10 years :/ BUT! Half the fine of a DUI. No community service or AA. No suspension of license. And If your lucky like me only a six week $190 education class.

SO I HOPE THIS HELPS OTHER STUPID PEOPLE LIKE ME LOL. BE SAFE! DON'T HURT ANYONE!

[truenoboy]

Like you said, I definitely don't promote DUI by any means and frown on it. Advise I was given many years ago though is to actually reject taking any type of DUI test and get a lawyer after to fight it. I'm told that rejecting a sobriety test is much easier for a lawyer to fight then documented proof of DUI.

[Cavi Mike]

You got out of the DUI because you blew .06 at the station. If it still said .08, you'd be getting a DUI regardless - they just don't let drunk people go because they were nice and cooperative. Ask for your lawyer before you do anything that may be incriminating. Simply "driving erratically" is not enough evidence for conviction of a DUI. Doing 3 breathalyzers and all sorts of other tests are only building a case for them against you - and most of these tests are 100% voluntary - so it's exactly the same as continuing to talk after you've been read your Miranda rights.

States vary and a breathalyzer my be required by your DMV if you want to maintain your license but a DUI conviction is a guaranteed license suspension; your best bet is to familiarize yourself with those DMV laws and only consent to tests which are required. Refuse any others, don't say anything, ask for your lawyer. You will definitely get arrested at this point and your car will be impounded - but if you're drunk, that's happening anyways - deal with it, but you do have rights you know.

[LeafOnTheWind]

I wasn't drunk buddy. Thats the point of my post. You can in some cases only have a couple and be over the limit.

What do you think will happen? You can ask for a lawyer on the scene and the cop can't do anything til you get one? lol. You obviously have no experience except for 'hear say' and a little googling.

Yes California DMV law will suspend your license if you refuse to submit to any tests. DMV law is seperate from court law. Suspension of my license was most important for me to avoid.

Using your rights against the court will not help you with DUIs. And no, CAVI, again you are wrong. I didn't get out of the DUI just cuz I blew a .06 at the station. I blew .08 at the scene. 45 mins later I blew a .06. I still broke the law at the scene. Nothing makes up for that. THE JUDGE CHOSE WITH HIS POWER TO ONLY USE THE THE .06 AGAINST ME because they do NOT want to waste money taking the case to trial. If your cocky enough to try to handle that without a lawyer, good luck.

THOSE ARE THE FACTS I KNOW WHY? BECAUSE I EXPERIENCED IT. NOT FROM WHAT I READ OR HEARD.

I am only trying to help those who find themselves in a SIMILAR situation.

If this is a help to you great. If you are smarter than me and this is no help nonsense for you.... GOOD FOR YOU

[LeafOnTheWind]

Oh and you don't even have to be over .08 to get a DUI. The judge could have still found me guilty of DUI with a .06 but he would have had to go through a trial.

He cut me a deal to save them money. You can get the same deal if you find yourself in a similar situation and follow my steps. ;P

[Cavi Mike]

I take it you didn't read my full post.

Also, one of the main reasons you got let off so easily was because this was your first one. I blew a .19 on my first one and all I got was a $900 fine and 90-day suspension.

You might wanna grow up a little bit.

[LeafOnTheWind]

Thats interesting. Sorry if I misread. They must go easier on u in NY. Or that happened along time ago. I guess my situation only applies to Californians.

[HASport AE86]

Only thing you need to remember whenever dealing with pigs: shut the phuck up. You're on camera. Everything you say can be held AGAINST you, never FOR you.

1.)Never admit fault
2.)Never explain your actions
3.)Only words out of your head should be "No Sir, Yes Sir" if anything at all.
4.)The less the Police have to work with, the easier it is for the case to get thrown out.

The legal system is NOTHING like what you see on TV. The DA does not care about what is fair, they care about case wins. They have a quota to meet, just like the traffic cop, and money means more than justice to them. They would rather have you pay money than serve time in jail and be an expense to them, they don't have the room anyway.

You are being sued. The traffic ticket you got, the lady that says you light bags of poo on her door step, the car you stole. It's an arguement that a judge makes the call on who is right. Its the County vs. You. They say you did some stuff and want "this" from you, you say "bullllllsh!t" and argue that they are wrong and you are right. The less info they have against you, the easier it is for your attorney to say that they are just making claims and guesses.

[LeafOnTheWind]

well said

[HASport AE86]

BEST way to get out of a DUI is to call AAA and have them tow your car home, all 'The League' style.

[HASport AE86]

well said

I learned a lot from my sh!tty club4ag purchase.

[LeafOnTheWind]

sh!tty club4ag purchase??

[HASport AE86]

I think this thread is more about damage control if you make a mistake than how to try to con your way out of a conviction. It happens to all of us and can be applied to more than just drinking and driving. Be smart, but if you make a mistake these little things help keep it a LITTLE mistake you learn from instead of a BIG MISTAKE you pay for.

[LeafOnTheWind]

exactly. u got it man. Damage control. Not a con.

[HASport AE86]

sh!tty club4ag purchase??

Club4ag member sold me a stolen S2000 trans without me knowing. Cost me $40,000 and 13 months in court. Moto says a seller rating system is a bad idea though.

[LeafOnTheWind]

Holly Sh!t that sucks. a rating system would be a great add on. I can't believe you can get in so much trouble for buying one stolen item. Doesn't seem like justice. Should just be a small fine and the return of the stolen item.

[ae90tuner]

i though i'd share my experience with a calibrated breathalyzer from a medical drug testing company. courtesy of my sister. this is the results of using ORIGINAL LISTERINE and waiting 5min got a WTF .400% which i thought the legal limit was a .08. sorry bad cell phone pics.

[LeafOnTheWind]

Sorry... Whats ur point bro? .400 is crazy! You would probably be on the verge of passing out I would think. Are you saying that the breathalyzer was faulty? Which is possible.

[ae90tuner]

this was just using mouth wash. sit for 5 min then blew in the breathalyzer.

[fantasy_type_0]

Thanks for the advice. This is undoubtedly necessary information for such times.

[FC_13]

good thread. agree with HASportAE86.

with regards to dui, "no sir", "yes sir," etc.

with regards to a regular stop, NEVER consent to search or seizure. they need a warrant for that, period.

when asked, "do you know why i pulled you over?" your response here should again be, "no, sir" or "no, officer"