california dui

[mike6466]

this last saturday night i got a dui. wish i could take it back but i cant so im writing for some help. ill start by telling you how the night went.

i left my house looking for something to do. i was able to find my friends at a local eating spot getting some drinks. i ordered one drink. has i drank my audios, my friend that was there said they are taking this gathering back to his place. sounded fun. i stopped at the gas station and picked up a 20 pack of coors light. me and my friend played two games of beer pong and we stomped on both the games. the owner of the house made some food and we all had a good meal. after my meal i decided it was getting late so i left. as i was driving home down a dark road i noticed a car in my lane coming the opposite way. they were not completely in my lane but enough for me to have to swerve out of the way. the road was on a bend when i noticed the car heading towards me. i jerked my steering wheel right and my back end came out more since i was turning right already, and clipped the car that was in my lane. i came to a stop down the road and quickly turned around to meet with the other car. i got out of the car and saw 6 people getting out of a 5 passenger car. i went up and asked them who was driving and no one answered. i asked three times until someone came forward and said "I was". we argued for a minute and was told that they are all drunk. we then decided to have a cop come out. as we waited for the cops to get there a taxi came and picked up some people and left four people now on the scene. finally the cop came. asked me what happened and i explained. two cops showed up and one went and talked to other party and the other one talked to me. he did a field test and i passed. did a breath test and had to do it twice. he then said im going to jail for dui. he wouldnt tell me what i blew. he then put me in the cop car. i noticed that there was no investigation done on the accident, nor was the other party breath tested. i sat in the car for about 2 1/2 hours waiting for the tow truck to come. i was never read my rights neither. i was then taken to the hospital and had my blood taken. we sat there for another hour. the officer then stated he was off at six and didnt have time to wait for this and had taken me back to the station. released me to my room mate. and thats how my night went.


i have a couple question

how come there was people allowed to leave the scene?

why was there no investigation done on the accident?

and finally what can i do to beat this dui charge?

this wasnt in my cobra. this was in my 2005 acura tl.

im looking for some good helpful tips and things to consider.

 

[NastyNate420]

Damn that sucks bro!
Why did you take a breathalyzer when you passed the field sobriety test?
There no real way to get the other guys in trouble since they werent tested and there were more witnesses for them .....
Tough spot go get a lawyer and GL!!

 

[mike6466]

i could just taken the blood test but here in cali if you dont take the breath test your license is revoked automatically. it def is a tough spot and im lost with what i can do at this point. any lawyers in here that have some good advice?

 

[Lt. ZO6]

Talk to a qualified DUI attorney.

 

[FordSVTFan]

this last saturday night i got a dui. wish i could take it back but i cant so im writing for some help. ill start by telling you how the night went.

i left my house looking for something to do. i was able to find my friends at a local eating spot getting some drinks. i ordered one drink. has i drank my audios, my friend that was there said they are taking this gathering back to his place. sounded fun. i stopped at the gas station and picked up a 20 pack of coors light. me and my friend played two games of beer pong and we stomped on both the games. the owner of the house made some food and we all had a good meal. after my meal i decided it was getting late so i left. as i was driving home down a dark road i noticed a car in my lane coming the opposite way. they were not completely in my lane but enough for me to have to swerve out of the way. the road was on a bend when i noticed the car heading towards me. i jerked my steering wheel right and my back end came out more since i was turning right already, and clipped the car that was in my lane. i came to a stop down the road and quickly turned around to meet with the other car. i got out of the car and saw 6 people getting out of a 5 passenger car. i went up and asked them who was driving and no one answered. i asked three times until someone came forward and said "I was". we argued for a minute and was told that they are all drunk. we then decided to have a cop come out. as we waited for the cops to get there a taxi came and picked up some people and left four people now on the scene. finally the cop came. asked me what happened and i explained. two cops showed up and one went and talked to other party and the other one talked to me. he did a field test and i passed. did a breath test and had to do it twice. he then said im going to jail for dui. he wouldnt tell me what i blew. he then put me in the cop car. i noticed that there was no investigation done on the accident, nor was the other party breath tested. i sat in the car for about 2 1/2 hours waiting for the tow truck to come. i was never read my rights neither. i was then taken to the hospital and had my blood taken. we sat there for another hour. the officer then stated he was off at six and didnt have time to wait for this and had taken me back to the station. released me to my room mate. and thats how my night went.


i have a couple question

how come there was people allowed to leave the scene?

why was there no investigation done on the accident?

and finally what can i do to beat this dui charge?

this wasnt in my cobra. this was in my 2005 acura tl.

im looking for some good helpful tips and things to consider.

Why do you think you "passed" the FST? I have never heard of an officer telling someone they "passed."

I can only assume the people who were allowed to leave the scene weren't driving and gave the officer their contact information.

What type of investigation did you expect? You gave them your story and the other driver gave them their story. I am sure the officers looked at the condition of your vehicles and their relative positions.

As for reading you Miranda, there is no such requirement just because you were arrested.

If your blood comes back above the legal limit (.08) that is a statutory case for DUI.

I recommend that you do as noted above and get yourself a highly qualified DUI attorney that practices in that court often.

 

[BAMM BAMM]

Your license is only revoked automatically for refusing the "breath test" if you're under 21. And it probably wasn't the "breath test". It was probably a PAS test.... totally different thing.

 

[mike6466]

Why do you think you "passed" the FST? I have never heard of an officer telling someone they "passed."

I can only assume the people who were allowed to leave the scene weren't driving and gave the officer their contact information.

What type of investigation did you expect? You gave them your story and the other driver gave them their story. I am sure the officers looked at the condition of your vehicles and their relative positions.

As for reading you Miranda, there is no such requirement just because you were arrested.

If your blood comes back above the legal limit (.08) that is a statutory case for DUI.

I recommend that you do as noted above and get yourself a highly qualified DUI attorney that practices in that court often.

before the officer even showed up there were six and couple people left the scene without telling anyone or leaving contact info. thats not right. could have been someone that was driving that was drunk left and no one knows.

there was no measurement of the skid marks, nor was the other party breath tested. and i didnt even get a copy of the police report. i also wasnt informed what my bac was or breath test. there is alot of questions that need to be asnwered. my room mate is a sheriff out here and he also would like some questions answered. for the record this was not city sheriff, this was chp.

Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

Despite common misperception, Miranda rights aren't always required in a California DUI arrest. They are, however required when (1) you have been arrested, and (2) the officer is conducting a custodial interrogation. A "custodial interrogation" takes place when an officer asks you questions designed to solicit incriminating responses after you have been arrested.

If these conditions have both been satisfied, the officer must advise you of your Miranda rights or risk having any subsequent statements excluded from evidence. Depending on the significance of those statements, their exclusion could result in reduced or dismissed DUI charges.

im talking to a attorney tomorrow. i feel like i was taking advantage of the situation. nice guys always finish last and its not fair.

you guys should see my arm where they did the test. its completely brused and swollen. i took pictures of that and the car. ill try and post them up later tonight.

any attorneys in california her that specialize in dui? looking for a good one.

any help is greatly appreciated.

 

[FordSVTFan]

before the officer even showed up there were six and couple people left the scene without telling anyone or leaving contact info. thats not right. could have been someone that was driving that was drunk left and no one knows.

So they weren't allowed to leave. The officers didn't know of their existence. If they can't determine the driver on the other side the investigation will likely continue.

there was no measurement of the skid marks, nor was the other party breath tested. and i didnt even get a copy of the police report. i also wasnt informed what my bac was or breath test. there is alot of questions that need to be asnwered. my room mate is a sheriff out here and he also would like some questions answered. for the record this was not city sheriff, this was chp.

Since you were drinking it is quite possible you didnt observe everything that occurred. Also, if your story and the other party's story match as to how the accident occurred there would be no need to measure skid marks or perhaps it was done later if determined to be necessary.

The police report is usually not finalized and approved for a couple of days, a copy is not handed out at the scene especially when an arrest is made. You can and will receive a copy of the arrest affidavit during discovery. Once again they arent required to inform you of your BAC, especially if you went for a blood drawer and they only performed the PAS. PAS is preliminary screen and not typically used for purposes of court.

Your roommate is a deputy sheriff out there and he wants some questions answered. He isnt a party to this and should keep his nose out it unless asked to join the investigation.

Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

Despite common misperception, Miranda rights aren't always required in a California DUI arrest. They are, however required when (1) you have been arrested, and (2) the officer is conducting a custodial interrogation. A "custodial interrogation" takes place when an officer asks you questions designed to solicit incriminating responses after you have been arrested.

If these conditions have both been satisfied, the officer must advise you of your Miranda rights or risk having any subsequent statements excluded from evidence. Depending on the significance of those statements, their exclusion could result in reduced or dismissed DUI charges.

Are you claiming a violation of Miranda? You didnt state that you were interrogated while in custody? Asking questions that go to your identity and standard booking procedures do not require Miranda. Also, if your statements are spontaneous and without prompting of the police or their agent, they will come in. Drunks make terrible witnesses because they dont remember things accurately.

im talking to a attorney tomorrow. i feel like i was taking advantage of the situation. nice guys always finish last and its not fair.

How were you taking advantage of the situation? Are you trying to say you were taken advantage of? If so, how?

you guys should see my arm where they did the test. its completely brused and swollen. i took pictures of that and the car. ill try and post them up later tonight.

Bruising and moderate swelling following a resistive blood draw does that.

any attorneys in california her that specialize in dui? looking for a good one.

any help is greatly appreciated.

There are plenty. But you want to find one that practices often in the court where this will be heard, he will have a lot more juice with the Prosecutor.

I know that I deal better with defense attorneys I know because I respect them and will let them get my ear for a few minutes even if I am busy. Prosecutor, like myself, and criminal defense attorneys that appear in the same court on a regular basis have a sort of friendship and it will help your case.

I would like to know what your blood alcohol content was.

 

[mike6466]

thank you for all your support. its deeply thankful. the last thing i need is this dui on my record since i just got hired for search and rescue in sd. this could def ruin my career. hopefully i do find out what bac was soon.

would you say that there is a chance of winning this case? or even knocking it down dramatically?

so since the opposing car was full of drunk drivers there not considered witnesses?

im trying to think of anything i can question to try and dismiss this case.

what i ment when i said that my roomate has some questions is that, hes confused how this all played out like me. he is def not getting involved. just giving me advice just like you are.

with me not having any paperwork or information on this whole conviction, you have to understand where im coming from. this is a first for me. like i said, ill be seeing an attorney tomorrow and also setting up my hearing with the dmv.

i guess when i recieve the police report ill be able to determine what happened and what was written. but as of right now im dumb founded and confused about how this was played out. trust me im not the only one confused. has a machanic its pretty easy for me to see where the point of impact was on a vehicle. put the skid marks and damage of the two vehicles and that your answer who was at fault. now if the cops had done a theral investigation on the crash scene, then i wouldnt be questioning. but since they gave me no answers on ANYTHING, or read me my rights before they did custodial interrogation at the station, i think anyone would want some answers.

Custodial interrogation implies that an authority (police, corrections) conducts an interview with an subject which is of interest to their investigation with the condition that the subject is not free to go on his or her own volition. The subject may be an inmate in a correctional institution or may be held as a material witness.

thus being said, lets say i am over the legal limit(.08), im not considered a witness. therefore everything i said doesnt matter, and since they were all intoxicated they are not considered a witness from what your saying. so that would mean the cop had no proof i was driving. and because he wouldnt have proof of me driving then there wouldnt be a need of a bac or conviction of dui. you can also refer to rising blood alcohol defense.

It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Since it takes between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested.

and the officers didnt show up for another 45-1 hour after the crash had happened.


if this happened the officer could only do a police report of the accident. officer did not see me drive or pull me over for dui.

 

[NastyNate420]

Cop routinely wait hours for the alcohol to be absorbed into the body. I was held there for 2.5 hours and the cops wouldnt let me take a leak or take the test. By the time i took the test i blew a .11 the legal limit then was .10 . Needless to say the DUI stuck. Like FordSTVFan said find a lawyer that pratices in that court often. They build relationship with the prosecuter and the prosecuter is more likely to cut their client a break. WHATEVER you do..... do NOT use a public defender in Cali... THEY ARE USELESS!!

 

[mike6466]

Cop routinely wait hours for the alcohol to be absorbed into the body. I was held there for 2.5 hours and the cops wouldnt let me take a leak or take the test. By the time i took the test i blew a .11 the legal limit then was .10 . Needless to say the DUI stuck. Like FordSTVFan said find a lawyer that pratices in that court often. They build relationship with the prosecuter and the prosecuter is more likely to cut their client a break. WHATEVER you do..... do NOT use a public defender in Cali... THEY ARE USELESS!!

lol very good to know. thank you. no public defenders here. they are useless

 

[svtcop]

so since the opposing car was full of drunk drivers there not considered witnesses?
Take a step back and read what you are saying. 1 car cannot be full of drunk drivers, only one person could be driving the car at the time of the accident. Your typical minor traffic crash with no injuries would not require measuring skid marks. Who left skid marks? No need to measure skidmarks to determine approximate speed in a left of center type of accident, which is what you described. If your tires were skidding during the impact it would be relatively easy to see, even with an untrained eye, the area of impact. You are leaving out a ton of info on the crash.

with me not having any paperwork or information on this whole conviction, This would not be a conviction until a judge says giulty, you are simply being charged, kind of makes you look entirely unclear on how the legal system works, but you are quoting thing relevant to Miranda to FordSVTFan?? I would go out on a limb to say that he knows the requirements when it comes to Miranda. No need to post it for him. :shrug:


has a machanic its pretty easy for me to see where the point of impact was on a vehicle. put the skid marks and damage of the two vehicles and that your answer who was at fault. now if the cops had done a theral investigation on the crash scene, then i wouldnt be questioning.

The person at fault during an accident has absolutely nothing to do with YOU being drunk and driving your car. I don't care if you were sitting at a stop sign and someone ass packed you, if you're drunk you're still GOING TO BE ARRESTED FOR DUI. GET IT

but since they gave me no answers on ANYTHING, or read me my rights before they did custodial interrogation at the station, i think anyone would want some answers.

You still haven't said what questions you were asked during this "custodial interrogation"

Custodial interrogation implies that an authority (police, corrections) conducts an interview with an subject which is of interest to their investigation with the condition that the subject is not free to go on his or her own volition. The subject may be an inmate in a correctional institution or may be held as a material witness.

Again, what were you asked?

thus being said, lets say i am over the legal limit(.08), im not considered a witness. therefore everything i said doesnt matter, and since they were all intoxicated they are not considered a witness from what your saying.

You are missing the point here by a mile.

so that would mean the cop had no proof i was driving. and because he wouldnt have proof of me driving then there wouldnt be a need of a bac or conviction of dui.

It seems a little late to try to argue that don't you think? You scald the other vehicles occupants for not saying who was driving initially, admit to everyone here and I'm sure, everyone at the scene you were driving, and now you're going to play that card??

you can also refer to rising blood alcohol defense.
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Since it takes between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested.

Did you pull that from a defense attorneys website?

and the officers didnt show up for another 45-1 hour after the crash had happened.

Let me show you the flaws in your defense here. 1 hour for police to show up, 2.5 yours at scene, and 1 hour at hospital. 4.5 hours by your estimate..seems to me that your BAC would be on the way down, not up.


if this happened the officer could only do a police report of the accident. officer did not see me drive or pull me over for dui.

You really should just consider a good DUI attorney and call it a day

 

[svtcop]

If I told someone they passed field sobriety tests I would have no reason to take them to a hospital for a blood draw, wouldn't happen. So I find it difficult to believe that you "passed" the tests.

Very often impaired drivers "think" they passed the tests, but those are usually the ones who fail miserably.

 

[CPRsm]

Very often impaired drivers "think" they passed the tests, but those are usually the ones who fail miserably.

Even if you can fake the funk well, most don't realize the eyes are a dead give away and involuntary. I know you know that, but more for his sake.

 

[FordSVTFan]

thank you for all your support. its deeply thankful. the last thing i need is this dui on my record since i just got hired for search and rescue in sd. this could def ruin my career. hopefully i do find out what bac was soon.

would you say that there is a chance of winning this case? or even knocking it down dramatically?

so since the opposing car was full of drunk drivers there not considered witnesses?

im trying to think of anything i can question to try and dismiss this case.

what i ment when i said that my roomate has some questions is that, hes confused how this all played out like me. he is def not getting involved. just giving me advice just like you are.

with me not having any paperwork or information on this whole conviction, you have to understand where im coming from. this is a first for me. like i said, ill be seeing an attorney tomorrow and also setting up my hearing with the dmv.

i guess when i recieve the police report ill be able to determine what happened and what was written. but as of right now im dumb founded and confused about how this was played out. trust me im not the only one confused. has a machanic its pretty easy for me to see where the point of impact was on a vehicle. put the skid marks and damage of the two vehicles and that your answer who was at fault. now if the cops had done a theral investigation on the crash scene, then i wouldnt be questioning. but since they gave me no answers on ANYTHING, or read me my rights before they did custodial interrogation at the station, i think anyone would want some answers.

Custodial interrogation implies that an authority (police, corrections) conducts an interview with an subject which is of interest to their investigation with the condition that the subject is not free to go on his or her own volition. The subject may be an inmate in a correctional institution or may be held as a material witness.

thus being said, lets say i am over the legal limit(.08), im not considered a witness. therefore everything i said doesnt matter, and since they were all intoxicated they are not considered a witness from what your saying. so that would mean the cop had no proof i was driving. and because he wouldnt have proof of me driving then there wouldnt be a need of a bac or conviction of dui. you can also refer to rising blood alcohol defense.

It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Since it takes between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested.

and the officers didnt show up for another 45-1 hour after the crash had happened.


if this happened the officer could only do a police report of the accident. officer did not see me drive or pull me over for dui.

The internet is a dangerous thing. You are reading the websites of DUI attorneys and applying it directly to your case. What you dont understand is that those lawyers give out the broadest information in the hopes of getting clients. However, the information you posted about Miranda and Custodial Interrogation is accurate, you didnt post the exceptions and there are plenty. Even if the police violated Miranda those statements would not come in at trial but the statements could come in through a different route.

The fault of the accident has no bearing on the DUI. One does not negate the other. The police are not required to give you answers to your questions as to the charge or the results of their inquiry.

At the scene the police likely asked you about your drinking that evening and when your last drink was. That can be used to calculate the rise or drop of Blood Alcohol Content. Also, if they have two different BACs they see whether it was on the rise or fall. If you hadnt had anything to drink following the accident/arrest then your BAC from blood draw whether rising or falling would not make a diff if it was above .08

I guarantee you told the officer you were driving.

 

[mswaim]

Your license is only revoked automatically for refusing the "breath test" if you're under 21. And it probably wasn't the "breath test". It was probably a PAS test.... totally different thing.

That is incorrect. Under the Admin Per Se Rules, a refusal automatically sets in motion a license suspension. The arresting officer can still "force" a blood draw, but the refusal stands and the suspension will move forward.

Please refer to the following, from the DMV website:

In 1990, California became the 28th state to implement an immediate driver license suspension law for alcohol-impaired drivers, also referred to as an “Administrative Per Se (APS)” or “on-the-spot” license suspension law. The California APS law requires the Department of Motor Vehicles (DMV) to suspend or revoke the driving privilege of persons who are arrested for driving with a blood alcohol concentration (BAC) of .08% or more, or who refuse a chemical test upon arrest. In January 1994, California implemented a companion driver license suspension law, known as the “zero tolerance law,” which requires DMV to suspend for one year any driver under age 21 with a BAC of .01% or more as measured by a preliminary alcohol screening test, or who refuses or fails to complete the test. These administrative actions are independent of any criminal penalties imposed in court for conviction of the driving-under-the-influence (DUI) offense. Upon arrest, or detention (as applicable in the .01% APS law), the driver’s license is immediately confiscated and an order of suspension or revocation served.

 

[FordSVTFan]

Mark, nice of you to grace us with your presence. :beer:

 

[mswaim]

A question for Mike =

Did the CHP officer take your license and issue you any paperwork regarding temporary driving privileges?

 

[mike6466]

A question for Mike =

Did the CHP officer take your license and issue you any paperwork regarding temporary driving privileges?

yes he did. he also said he would mail paperwork. ill be getting an attorney.

guess what? i have a bigger problem. the bac test at the hospital has giving me an infection from a dirty needle to not cleaning the skin. this is completely unprofessional.

also i do i understand that i might not understand how the system works but lets just hope it does for good sake.

im just gonna leave it at that.

ill be in touch with pictures.

 

[mswaim]

You definitely need to seek good legal counsel, since your new employment opportunity may well be in jeapordy.

If your license was seized, the officer had probable cause to believe you were above .08.

You will most likely be charged with both 23152(a) and 23152(b) CVC and could well find yourself at fault for the accident.

Get a lawyer and limit what you discuss here. Resist the temptation to post photos, or any other material or details of this incident.

Good luck.