DUI’s for blowing UNDER the legal limit – Right or Wrong?

dui-checkpoint-california

Alright folks, this next one might light some sparks so I’m going to try to make sure I explain my stance here. I have nothing against MADD, and I completely understand the seriousness that is involved with driving drunk, intoxicated, impaired, etc. I know that thousands of lives have been lost and/or changed forever as a result of careless drunk drivers. Driving drunk and/or impaired is stupid, careless, costly and extremely dangerous. People who repeatedly do this are especially dumb and/or careless and definitely have a problem. Let’s just get all of that out in the open. I also understand that being at the blood alcohol level of .08 or higher doesn’t necessarily mean you are drunk, what it does mean is that you are at a point where you’re most likely a less safe driver.

That’s all fine and dandy. My problem is this – a friend of mine recently was driving home on a Saturday night and ran into a mandatory road block in a small town just outside of Atlanta, GA. It wasn’t a situation where the police saw him driving erratically, doing improper lane changes, speeding, etc. No. It was a road block and everyone was getting questioned for insurance, registration, etc. They smelled alcohol on his breath and gave a breathalyzer test, which is still fine. BUT HE PASSED THE TEST! He blew a .056 which is well under the legal limit of .08. Mind you this is all without a field sobriety (count from Z to A, walk a straight line, etc). By the way, I’m told there’s no way you can “pass” a field sobriety test. It’s only meant to show the cops key indicators on your state of intoxication. Anyways, even though my friend blew below the legal limit, he was still arrested and charged with a DUI. Locked up in jail, car towed, job in jeopardy, all of that. Had to pay over $1600 to get bailed out of jail and will have to give a lawyer a couple of thousand dollars to beat the case.

I need lawyers, police officers, judges, prosecutors, ANYONE to explain to me how the hell this is right or justified. As you can probably tell, I’m furious that this happened and it wasn’t even me that it happened to. But I recognize that this could have potentially happened to me or anyone who goes out for a casual drink or two. If we are at the point where no matter what you do, even if you are under the legal limit of .08 you can still get arrested for a DUI, what’s the point of having the legal limit in the first place? Why is it there if it really doesn’t matter? Just arrest anyone you see leaving a bar even if they just had a beer, because technically that is still drinking and driving right? Does that mean no matter what, you need to call a cab or take the train anytime you drink and have to go home?

Something isn’t right. I have been to work related functions (holiday parties, team outings, happy hour with the managers, etc.) where coworkers have gone to drink with their colleagues and managers. If your manager and director invite you out to drinks, in my opinion it’s in your best interest to go. It’s your chance to bond with your upper leadership and if you don’t go, an opinion of you may be formed. But, someone shouldn’t be at risk to lose their job because they had a couple of beers and blew under the legal limit if they were not driving erratically. There needs to at least be a difference between a DUI at .156 (reckless) and a DUI at .056 (seriously). Perhaps you could just give the person a ticket for whatever their offense was (expired tag, speeding, etc) and force them to call a ride home as opposed to wasting their time and money in court for a charge that won’t stick. Even if you beat the DUI charge, you’ll still be out at least $3K when you add up all of the mandatory fines that they get you with these days – Jail, mandatory fine of usually $1K, defensive driving school, lawyer fees, potential job loss, etc.)

UPDATE! My friend who got arrested for a DUI for blowing UNDER the limit had his entire case dropped! He had a “consultation” with a lawyer and they told him he was apparently in good shape, and his case was dropped in court. Fantastic news…I’m all for someone getting a legitimate DUI if they are over the limit, but under the limit DUI attempts are ridiculous.

UPDATE! This is a separate story that I felt was worth including here. I have another friend who received a DUI and get this–she wasn’t even driving the vehicle at the time of the incident! Yes, she simply was asleep in her car attempting to “sleep it off” and sober up. A policeman knocked on her door, and unfortunately she received a DUI because she had the keys in the ignition and the car was running. This occurred on a very cold winter night, so she was probably running the heat to stay warm. However, in many states (apparently Georgia is one of them) you can still get a DUI if you aren’t driving, if your keys are in the ignition. When the keys are in the ignition, the car is considered operational. If you keep your keys in your pocket and sleep in the car that way, then apparently you will be okay. If anyone can provide additional input on situations like these, that would be great. I do think it’s a bit ridiculous to arrest someone who clearly is attempting to sleep off their intoxication and be somewhat responsible, but I digress!

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44 replies

  1. I skipped all the usual conspiracy nonsense and found this one interesting.

    I don’t know about the laws in GA but in Ohio you don’t have to be over the limit to be arrested. There are actually separate charges for DUI in ohio. One is for blowing over the limit, another is for being impared. If you blow and get arrested for being over the limit they charge you for that. If you are clearly drunk and your ability is impaired (verified with one of 3 sobriety tests, walk and turn, Horizontal Gaze Nystagmus, or the one leg stand.)

    Now, the problem is, the laws in GA may be different, or your friend may have been exhibiting behavior that indicated he was impaired. In ohio he would have had to be given and fail (in ohio you can fail) at least 2 of the above listed tests.

    So to answer your question, I don’t know why he was arrested. That probably wouldn’t fly in ohio.

    Keep in mind, this is all knowledge of laws 8 years ago so they could also be substantially different now.

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    • hi im in a simaler situation as that guy up there i was pulled over for speeding and he smelled alcohol on me and he ask if i had been drinking i told him yes i had 3 or 4 with my dinner and some freinds and this was over 3 and half hr period but anyways i did his impossable feild test i did just fine i dont know y i faild so after he takes me to the jail i had to take a breathalizer i blew one reading under and one a hair over what is your take on this?

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      • That sucks! However I do not condone drinking and driving, I just think that my friend’s situation was uniquely unfair. Since you blew twice, they are going to take the lowest reading which will help you since it is a hair under the legal limit.

        You will most likely be able to get your charge dropped to something similar to reckless driving, which still carries about 6 points but is not as damaging to your record. However you will still have to take a defensive driving course, do approx. 40+ hours of community service, pay at least a $1,000 fine, plus you DEFINITELY need to hire a lawyer and that can be another $1-3k. So regardless, getting pulled over for a DUI is very costly.

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  2. This just happened to me. I had ONE drink and was also way under the limit on the breathalizer. I was not even given the sobriety test. I am definitely fighting this charge but you are correct..it is COSTLY

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  3. Same stuff happened to me i went to the station and blew a .078 and they still charged me with the dui. I think ima beat it though. I got hookups on lawyers so hopefully it wont beat my pocket. i want to walk out of that courtroom with a big smile on my face n when i see the cop on the street ima give him a big smile too. Then twist up an golf.

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    • What happened? Curious to know the disposition of the case at the, “end”.

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      • It’s been a year with my case still being continued.
        I blew under the limit as you can see but the officer had his girlfriend in the car and the DA laughed about the situation . Well we came to find out that the officer followed me 3.3 miles from where he had his car stationed and then proceeded to follow me 3.3 miles for high beams and stopped me after but said it was for high beams.. He stopped me right after his city limit of patrol . I would suggest getting a lawyer to fight your case I have been fighting my case. It’s sad in the state of Georgia especially if the DA has not sent the police report before or after court. Not sure what state you live in but hiring an attorney is the best option you have right now.

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  4. On August 6th, 2009 I was arrested for dui in my driveway.My keys werent in the ignition and I blew in the breathalizer a .074.It was very close, But still under.I dont understand how they have the right to do this to me.I wasnt even driving!!!

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    • Were the police called to your residence for a disturbance? Were the keys inside the vehicle anywhere? Even if the keys aren’t in the ignition, you can get charged for DUI if they are inside of the car somewhere or if you are inside the car and they are in your pocket, from what I understand. We need more details…like if you were driving at all and pulled into the drive OR were you not driving at all…but either way you have a really good chance at getting that thrown out. If you get a lawyer, I would say 99% chance of getting it dismissed. It’s tougher on your own, I would do a free consultation about it.

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    • Hey same thing happens to me a couple days of ago . I was not speeding nor I was doing improper lane change. I was driving through a highway with my hi beams because the the road was pretty dark . So the officer stopped me and I took all the tests he required in which I thought I did fine . He still arrested for blowing a 0.78 . Would my cases get dropped passing all the diagnostics and blowing a 0.78. I am 22 years of age

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      • Blowing that close to the link it opens the door to 2 questions. 1) how long have you been behind the wheel since your last drink? 2) Did you emmediately jump behind the wheel after your last drink? The latter scenario would be to your advantage, because it could be argued that the alcohol didn’t FULLY absorb into your blood stream until pulled over: Thus proving your max BAC never was higher than. 078 ! I suggest saying you held your breath for at least a second be for blowing. Simply explain the officer held the Mobil socialise to your face, you took a deep breath be for placing your mouth on the device … but the officer pulled it about a foot away from you while asking if your ready: You shook your head yes while holding that breath until the officer held it back to your face. Say it happens that way for BOTH breaths. Youl understand all this after you see the exaggerated statements in his report. It takes SOME. living to counter another liver.
        The officer had probable cause to pull you over for not drumming your high beams WITHIN 1,000FT. of oncoming traffic. They won’t care about this offence unless the prosecutor DISSMISSES the DUI.
        Next time your pulled over, be sure to tell the officer “I’ve been advised by an attorney to not answer your questios” BEFOR you reach for your licence: Don’t privilege them with the chance to ask you where your commuting from … while your PREOCUPIED. Be ready for either another blatant question or comment with a repy of” “Do you understand that I have the right to remain silent? Officers never tell people about that right … until after their last question. This enables them to use people’s ignorance against them ! It’s also advisable to keep your drivers licence where you can berry promptly retrieve it … to possibly not have them describe you as FUMBLING for it:This is used to suggest you don’t ” have it together”.
        My advise (executed without disrespect) will preempt this” legal” assault against you and best prepare you for court. Sure; you’ll still go to jail, but doing. ANY favors won’t change that !!!
        Lastly, if you have others in the car with you at the time of being pulled over, tell them the police might seperate everyone for questioning (to get people to snitch). Afterwords, all the occupants will suspiciously wonder what was said about them. If this happens, tell the officer catering to you that any questions he has for you, he can ask in front of all of us: Be sure to YELL it load enough for your friends to hear and understand.. Then of course, reply with “No comment” from that point.
        Also, never submit to any tests … except the blood or urin test.
        Your really best off without ever having even one drink in your system. Even that’s not a guarante:Statistics show that over 50% of arrests are for DUI. Also, are prison system is over full primarily due to NONVILENT crimes!

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  5. So I was pulled over last night for crossing over three lanes as I was leaving a parking lot…(hello, I was turning left a couple blocks up so why wouldn’t I go all the way to the left)..Anyways, I guess that’s illegal. So I get pulled over and asked if I had been drinking and I said yes, I’ve had 2 drinks, just got out of work. Get outta the car, do the ever impossible sobriety test, which, I couldn’t even do the “tip” of finger to the “tip” of nose test without had having a single drink! Blew a .06 and was arrested. I was told I HAD to do a blood test or else my license would get suspended for 12months and was held for 4 HOURS! 4!!!!! I do not think it is right to charge someone with a DUI if they are UNDER the limit, then WHY have a legal limit?!? Also, I think it’s absolutely horrendous that they “barely” read you your so called rights and when they do they read em so fast and if you ask to repeat them, it’s because you must be “too drunk” to hear or something..Also, they need to tell people that their rights are also to refuse any sobriety tests, breathalizers, and blood tests. Az sucks for DUI’s. Can’t even have a drink after work, or to socialize. Then why have bars?

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    • Cops use people’s ignorance against them. Only after the arrest (which takes place after they are through questioning and testing you) do they inform you that you can remain silent … because it doesn’t matter after they’re finished: Your SOL by then. The intire public needs to be educated to 1) have their licence, registration and insurance in their hand … BEFORE the officer asks where your comming from. Then immediately state “I’ve been advised by an attorney to not answer your questions” and “I will only submit to a blood test”. Don’t do any favors for the officer because your going to jail: Period! !!!

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  6. This happened to my dear friend who I would like to help, but don’t know if he is in over. He is in retail and had been working long hard days.

    He ate a sandwich at about 10am & had 4 slices of pizza for dinner at about 3pm. He was watching all day and then left his apartment at about 9;30pm & went to a bar where he had 3 Crown and Cokes.

    He left the bar about 12:45am and was on his way home when he noticed a police car on the right side of the road and he followed him for awhile before pulling him over. The officer said he had been speeding and that he also went off the side of the road and that is why he pulled him over. The officer, asked him for his driver’s liscence and insurance cards which he had both. He then had him get out of his vehicle and asked him to take a breath test, which was refused.

    He gave him an eye test which he thought he passed and then the officer had him do the walking test in which the officer felt he could not pass and arrested him for dwi. He was nervous, it was 46 degrees and the sport jersey he was wearing is very thin. The officer placed him in two hand cuffs, to make him comfortable, and placed him in the rear of his car. The officer waited for the wrecker service to get his car and then started to transport him to jail.

    He asked if he could call his friend so he could make arrangements to get him out of jail and the officer responded, “If you can get your phone out of your pocket”. He reached around his body and got his cell phone out of his left front pocket and placed a call to his friend and told him he had been arrested because the officer thought he was drunk. He was taken to jail and processed and was then released about 11am with a bond.

    He has a previous dui from 2002, this making it his second.

    What do you think will be his fate?

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    • This happened in Bexar County, San Anotonio, Tx

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    • He was actually smart to refuse the breathalyzer. Now they don’t have anything on him in terms of hard evidence. They don’t have him on paper as blowing over the limit, and he didn’t cause an accident or anything. All they have is “suspicion” of dui, which won’t hold up as well in court. If he gets a lawyer, he can definitely beat the case. Unfortunately, it’s still going to cost him a few thousand dollars.

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      • I know in the state of Kentucky, if you refuse to submit to a breath test, it’s an automatic suspension of your drivers license. The way it was explained to me was, when you sign up for the license, you waive your rights to refuse. That is if the cop suspects you have been drinking.

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  7. What about the speeding and the car swerving to the side of the road? If they have that on tape can’t they claim that he was impaired using the video footage?

    It’s his second dui.

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    • Possibly, but if they didn’t give him a citation for those offenses, then they won’t be as substantial. Because it’s his second time, that is all the more reason that he needs to get a lawyer to make sure this gets dropped to a lesser charge.

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  8. This exact story happened to me, except I wasn’t so lucky. I blew BELOW the legal limit. .06 to be exact And was charged with a DUI which got reduced to a Dry Reckless…whatever that means. I paid $1500 to an attorney, and an additional $3,000 in legal fees, 6 Months of DUI classes, 3 year Proabation, 100 hours of community service. DMV threw out the case immediately. But the DA prosecuted. From this experience, I am now sure that counties are greedy for money, cops are crooked, attorneys don’t care, and our legal system is a damn joke.

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    • I know this is from 2009, but I stumbled across this and trust me… the judicial system is sooo fucked, as well as this once great nation. We live in a police state who’s #1 goal is to incarcerate as many people as possible and generate revenue by any means. It really is just disgusting how these mindless piglets with their ego’s about the size of lindsay peylas’s tits can just go around harrassing the fuck out of anyone they please. Mostly “tax payers” who contribute to their miserable shitty fucking jobs pay. Most days they sit their fat fucking asses in their road pirate vehicles doing nothing but finding hiding spots to jerk off and catch criminals not wearing seatbelts and other petty bullshit offenses. They give 0 yes ZERO fucks about you! In their eyes EVERYONE is a criminal, but what they fail to realize is they are public fucking servants!!!!! They are so stupid mindless and brainwashed that I GAURANTEE they would and do follow orders from their chain of command even if it’s morally wrong and unconstitutional because their pussy sorry asses are AFRAID to stick up for what’s right in fear of losing their job or maybe just because they’re fucking worthless pricks. IDK, but I do know this tina has me rambling on and on. I really do not like those pirate pigs, from personal experiences, corruption, excessive force, unnecessary deadly force, shooting dogs in the face (but if you were to kill one of theirs it’s basically murder). They are aloud to lie to us but it’s a crime if we lie to them, and last but not least….. Their dicks are so fucking small they have to become police officers so they can feel more masculine and superior to real fucking men who know how to treat people and be decent human beings. Like, literally, it’s cost $0 fucking dollars to do that, but they’d rather spend their worthless lives harassing people and having one of the shittiest reputations in the world, all so they can make up for being bullied in school and having a dick so small that every time they piss, it gets on their balls. -End Rant.

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      • You should have fought your charge: Even if it cost extra, it would have at least saved you the $3K + insurance increase. You blew your only chance in court … due to your attorney’s lameness! But the important thing is you learned: 1) That you can be arrested even when your legal. (Search “False DUID arrest”) & (16 year old teen gets arrested for DUI … after cop runs red light and smashes in to him). 2) That you can’t avoid the inevitable arrest … so don’t make the mistake of presuming that COOPERATION might help the police to appreciate this or be convinced”enough” by your Field Subriety Test performanc to release you. (Search HWY patrol officers arrested for DUI). I’ve heard of just only one CITY police officer submit te these tests. Obviously, this bird brain failed them all as bad as you could imagine. The Highway Patrol do operate callously over suspiciously (as white cops did with black males through the 50’s).The reasons: HP are REWARDED overtime pay for maintaining a DUI ARREST quota: Not CONVICTION quota. Some have even admitted that their job security hinged on their numbers. The majority of them either deny or refuse to comment about it … probably in fear of being ostersized ! So police aren’t as much the culprit as the politics behind it. Therefore; it’s on us to ( preparedidly) know and exercise our rights … because your negotiating your comming trial with a seasoned professional (who’s swayed many into self incriminating statements : EVERY QUESTION is a fishing attemp !). The most important right is remaining silent RIGHT AT THE START: Not after they read you your rights … AFTER THEY’VE FINISHED THEIR LAST QUESTION ! Sure we shouldn’t have to deal with nucience road blocks … intrusively conducted in Natzy fashion: But freedom isn’t really free: It costs a lot ! Lives have been sacrificed for it . Politics continue to redefine it and red tape it. It would cost many more lives to restore it: I’m talking about another bigger anti government uprising to war against the 4th amendment violation in ISIS fashion !!! No wonder our country has the largest percent incarceration. It isn’t because of poverty: Even poor countries don’t compete with our crime. Are gun laws contribute to a minute amount to the statistics. But many robberies don’t happen with vulnerable elderly, because they know the old southerners posses guns! The Government fear citizens having guns, but are in favor of giving us a gun to fight communists. The biggest communist is our own INVASIVE government though !!!

        On Sun, Feb 28, 2016, 8:47 PM pacingforward.com wrote:

        > Zach commented: “I know this is from 2009, but I stumbled across this and > trust me… the judicial system is sooo fucked, as well as this once great > nation. We live in a police state who’s #1 goal is to incarcerate as many > people as possible and generate revenue by any me” >

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      • U should have fought your charge, but your pathetic attorny didn’t have the quifications to represent you.
        I was arrested twice : Once in FL. and once in MS. Both were DISMISSED: Not AQUITED …. let alone reduceded. Sorry the officer unjustly walked all over you.
        The only cure for this is an ISIS fashioned retaliation against an INVASIVE communist Government that defines traffic jams caused by road blocks as merely minimal 30 second delay nuicience … instead of a clear 4th amendment violation !
        On one accusation, a road block added 30 minutes to my commute. The second caused 2 days in jail and another day in court … to be told my charge is dismissed and I’m free to go !
        Really: stopping just one person on a 55 MPH HYW without traffic devices for 3 miles … for a 30 conversation equates to only 30 seconds. The time spent slowing down and stopping for numerous stoppages in front of you CUMMULATE to much more time than that. Especially when they halt traffic up while conducting FIELD SUBRIETY TESTS on a suspect RIGHT IN THE MIDDLE OF THE ROAD!!! Do our petitions think we don’t have better things to do than to be forever to watch this process in hopes of the police intimidating drivers driving “dirty” to evade by doing an illegal U turn in the medium.

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  9. This happened to me this summer. I blew .06 after being picked up at a road block. I am over 21. I wasn’t on any drugs and have no prior offenses. He just decided that I failed my sobriety test. They held me at county for 18 hours. Court in 2 days.

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    • That really sucks. I hope you have a lawyer! You can beat this case pretty easily as long as you have some representation. Do they have any incriminating video of you stumbling, or proof that you were swerving? They can’t pull you over without justification.

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  10. I am the friend Rick was talking about in his post. In my case, I had been at work all day, went home and washed my car, had a drink, and went back out to get some food. When I ran into the roadblock, I informed the cop that I did have a drink. He asked me to step out the car, which I did, he put me in the back of his patrol car, stated that I was under arrest for DUI less safe. My eyes were not glassy, nor was I slurring speech. The lawyer advised me that I could represent myself because the officer put on the ticket that he stopped me for speeding, but it said I was doing 0mph in a 35mph zone. The atty was definetly a help and not $ hungry. Anyways, I went to court and explained my case the judge asked the prosecutor to come forward, he asked the officer if he gave me a sobriety test and why not, he then asked asked the officer to get the f*** out of his courtroom and told me sorry for wasting my time. FYI, I was told by an officer that the burden is on them to prove that you are impaired, so know your rights and stand up for yourself if you’re not in the wrong.

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  11. THIS IS SO BAD..NOBODY UNDER .08 SHOULD EVER BE CHARGED.
    OVER, YES. BUT NOT UNDER

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  12. This just happened to my dad and I’m furious for him. He blew .06something (not sure the exact decimal), well below the limit. Still got arrested and spent almost 30 hours in jail. AND they didn’t even let him call right away, so my family was calling hospitals trying to find out where he was. Protecting and serving!

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    • I’m from the “old school”, if I stopped someone for a noticeable driving error, smelled alcohol on their breath and they acted decent, I called their home for someone to pick them up. There were times we took the individual home, turned the keys over to the wife and advised her not to give him the keys until he’d slept his party off. Other times if they lived outside the city (neighboring town) requested one of their mobile units meet at the city limits, transfer the driver over, give the officer the keys and they take the driver home. We swore to serve and protect, but if the driver is a wise ass, they can escalate the problem they’re in from summons, arrest, towing and wait to be bailed out.

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      • See we need cops like that nowadays, I’m only twenty three and I always hear about the good old days when people acted accordingly and the law did not abuse their power to meet their quotas. I’m not saying that all cops are complete A-holes nowadays but the lot of them are. I appreciate the the good cops that do their job the way it was supposed to be done but I don’t respect the pigs that abuse their badge.

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  13. No one condones drinking and driving. Its not a good idea. The reason there are such harsh penalties is because everyone is afraid to even utter that it might not be the best thing to throw the legal book at someone who made a mistake and drove after too many drinks. It is really sick how people can be treated after they get into this situation. I’m glad your friend’s charges were dropped, he won’t have to deal with some of the things people close to me have had to deal with. I think if most of us looked hard in the mirror, we would see most of us have done it…just haven’t been caught. Oh and MADD is not simply a anti drinking and driving organization anymore. Their primary goal is alcohol abstinence. They just dont want you to drink period…they dont care about your driving. The founder left the organization becasue she didn’t like the fanatical direction it was headed in. If the founder can’t justify staying in the organization, how credible is it?

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  14. got a dwi not long ago for running a red then blowing a .047 then later a .055 at the station. open bottle in the back seat of vodka. had no idea i could refuse sobriety tests until later but only one was only administered at the station after arrest. was charged with 23152 (a)vc without the per se subdivision b. i knew that i blew below the limit but they still arrested me and also found of marijuana in my car as well then charged me for alcohol/drugs least i had not smoked at all while driving either. facing possible suspension of license and also court in 30 days. what do you think will happen as far as charges nd my fate goes??

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  15. Damn. Thought it was just me. Not gonna lie, I drank several talls. On my way home, I couldnt maintain ( had about 40 miles to go) Natrually, no one considers the fact that I had been up since 2am worked all day ( I do commercial delivery/manual labor and driving an 18 wheeler) and it was midnight. The cops found me sleeping in my car,in a Costco parking lot, woke me up, gave me the FST, which they OF COURSE said I failed, arrested me, then had me blow down at the station. BOTH times .078. 6 months have gone by. Since I have a class A CDL and my carreer of 15 years is in jeopardy, its been torture. Have an attorney, just got my 3rd arraignment hearing notice and apprantley the prosecutor is offering “15 mo probation plus conditions, a $500 fine + court costs” Doesnt mention the charge nor the conditions. My license is not suspended as a result of blowing under, nor was I cited. I suppose my attorneys will explain it in due time. I wonder if these attorneys do their clients right tho. Would they go so far as to allow the trial to proceed, IF they could get it dropped or reduced, just to make more money off ya? I will follow up on my case.

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  16. It’s all about the money. Your friend and thousands more like him are arrested every day and are under the legal limit. Think about it. It always cost the person hundreds sometimes thousands to bail out of jail & pay attorneys and they’ll never see that money again. The city, county & sates benefit financially every time they arrest a person that never should’ve been arrested in the first place. The laws need to be changed. Maybe reimbursement from the arresting department to the person that’s found innocent for improper detainment & a refund of their fees/fines ands lets not forget the lawyer and of course clear their record. The system as it’s often called many times hurts the innocent and protects the guilty it’s horribly flawed and will remain so until we all get together and try our best to change the laws it will continue to be a never ending cycle. The old protect and serve has become the police will be arrive shortly to clean up the mess after the fact. and it’s all because of money and the simple fact that their affraid of being sued. For example years ago I had a flat tire, I was young and had never changed a tire an officer pulled up and changed it for me. I wasn’t knowledgeable or strong enough at 16yrs of age to know how to change it.. I probably could have changed it if I’d taken 3 hours to do so but the officer helped I thanked him and we both went on our way. A few years later I again broke down with a flat tire with the knowledge of how to change it myself but I was having trouble with two lug nuts, that had been tightened with an air ratchet. While doing so an officer stopped by and asked what I was doing I explained changing my flat but I couldn’t get a couple of the lug nuts lose and asked him if he could help. His reply no sorry I can’t but I can call you a tow truck. I replied I know your very busy but if you can only loosen the lugs I can take care of the rest myself He said I’m not supposed to help you because if the car falls on you or you get hurt in any way the department can be sued and I’ll lose my job. Pretty sad he couldn’t help me because the & insurance companies say it might cost them money
    The old saying money makes the world go around is also true for the system. Arrest the innocent make boat loads of money go on their way. My grandfather was a sherriff for most of his life. One day he pulled a lady over for expired tags and the car was filled with children. He knew of her , he also knew she was very poor taking care if so many children. This lady wasn’t a habitual offended so he let her off with a warning. He was ater written up for not giving her a citation. By all accounts he said it was all about the money. You’d think people would be capable of changing what’s wrong with the system, they could but don’t because it’s a money maker.

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  17. We’re now in Nazi Germany you can’t do anything without the Gov’t getting a hand on your money it’s all a money game.

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  18. My wife and I were coming home from a night at the bar in North Myrtle Beach South Carolina. She was driving and I was pretty intoxicated. But I know for a fact that my wife had only drank three beers in a six to eight hour time frame. We were almost home in NC not even a mile from the state line when we were pulled over. The cops asked where we had been and how much she had to drink and she told him the truth. He proceeded to pull her out of the car and give a field sobriety test. We were in a parking lot and the parking lot had a decent slope where the test was given. After the test the cop told her that she failed and would have to go to jail for a breathalyzer test. I was sitting in the passenger side when the other cop that pulled up came to ask me if I can have someone pick me up, I told him that my mom could and gave him the number. He called and the cop told me I gave him the wrong number and I know I didn’t. I then asked if I could step out of the vehicle and smoke a cigarette because I was nervous and upset that she was going to jail. He told me in a very rude voice that once i stepped out of the car that I would be going to the same place that my girl is going. He then stared me down as if he had a problem with me it was like he was trying to antagonize me. I tried to roll up my window and ignore him but he grabbed my window and would not let it go up. He told me step out of the vehicle so it could be towed and then as soon as I stepped out, he grabbed my left hand and then I thumped my cigarette about ten feet away. He told me I was under arrest for public intoxication and littering. My woman and I spent three days in a jail called J. Rueben long and could not get a bail hearing until three days later and all this happened on a Monday.
    After all this the judge threw my case out and I didn’t have to have a bond, but my wife got a 1,500 dollar fine and she blew a .06 at the station. She got her license taken for 6 months and her charged was not a DUI or a DWI it was a weird name that I cannot remember. The moral of this story:Dont go to myrtle beach for vacation, I live right across the line and no longer do I go down there to party because they can do whatever they want. Look up the laws for horry county south carolina and you will see what I mean.

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  19. I received a dui a week ago after blowing a .103 I didn’t feel buzzed in the slightest. When I reach the jail 25-30 min later they took blood and my bac was .076. I’ve never been in trouble before and never even had a speeding ticket. This happened in south dakota. Will they go by breath test or blood? Will it get dropped if they go by blood?

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    • They usually do the blood test at the police station because that’s the stronger evidence to use against you. The fact that it came back lower shows that the breathalyzer could have been malfunctioning or inaccurate. You may be able to challenge it’s authenticity or have an attorney investigate into how often it’s maintained/kept up. If you were driving erratically, speeding, etc. and they have that on video as their reason for stopping you, that is evidence against you as well. You probably should still speak with an attorney.

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  20. I was just stopped for a head light being out and after I refused the field i test was pulled out of my car and taken to the station where I blew 0.02. The cop has a nice picture online of him receiving an award for having the most dui arrests … after he saw my results of 0.02 he changed his story to say that I was on something else besides booz. …my court date is just over a month out. I have 2 dui’s! one is dui and the other is for driving under the influence of controlled substances.
    Personally, I did my best to protect my rights and bit my tongue as he made his accusations. I am happy that we can all use the internet as a way to collaborate on this issue, but I must say, what do we really have to do to make the change that needs to happen? After all, we are the people…. Ill get signatures and do what I can. I liked the idea of the person who said we should get a refund/exponge. People who thrive by these means ought to compensate us for all the trouble.

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    • Wow. Are you saying he gave you two DUI’s in the same instance, one allegedly for Alcohol, and another for “Controlled Substances?” I’ve NEVER heard of that happening…especially if they didn’t drug test you on site and you blew an incredibly low result. Are you under 21? That’s the only instance where .02 would be an issue. You have to be careful, because the headlight gave him a reason to pull you over.

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  21. MY wife got a DWI because a dickhead cop made her anxiety, which she take medication for, worse. From the time she was initially contacted by the officer to the time I had her blood drawn at the hospital by a Doctor was within a 3 hour period. The number show, from what the Doctor explained to me, meant she had absolutely no alcohol in her blood whatsoever. The report stated the officer smelled alcohol on her breath and in the car, really?

    This was almost two years ago form this coming November. She initially lost her refusal to blow due to her anxiety, there were ten officers in the court room that day, but our lawyer petitioned the court to review her case and within 4 or 5 days of that trial we received a letter stating the Judge ruled in her favor and her license was attached at the bottom.

    When we told our lawyer she won, he stated they must have made a mistake, nope! She won the refusal to blow. He stated no one has ever won that in the 24 years he been in practice.

    So she goes to the trial for DWI and wins because the PA doesn’t show up or the police officer. But he had a good reason for not showing so the Judge set the dismissal aside and now the offer is DWI reduced to careless and imprudent driving, failing to yield to emergency lights reduced to a parking ticket and two points on her license. Funny thing is, the new court date that was set, yup you guessed it the PA will be on vacation so they have to move the date further down the road.

    So our lawyer who initially told us he would undertake the whole case for $2,500.00 now wants another $1,500.00 because the case is dragging on too long!

    My wife is irrefutably innocent and the have dragged this case on for almost two years on purpose costing us almost $5,000.00 and more if we continue to fight.

    We have until July 20th to accept the offer which will cost another approximately $700.00 not to mention the cost of insurance going up.

    Also found online that this same officer was sued prior working for the same municipality for violating someone else civil rights. He apparently got out of it but the other officer charged lost his job.

    Also found documentation online that the law enforcement was struggling for money and was cash strapped in December 2013, my wife got her DWI in November 2013, coincidence – I think I smell some rats!

    Anyway this is my story and I wish we had the money to fight for what’s right but were both financially and emotionally drained.

    This is nothing but a civil rights violation of the U.S. constitution period and I’m sooooooo pissed!!!!!!!!!

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    • I hope you fight that case all the way … even if you have to barrow the money. The officer has nothing to lose, but at least you won’t let him walk over you. In fact, the DUI Task Force officers are rewarded overtime pay (by the National Safety Council) for maintaining a DUI ARREST Quata (irregardless of convictions)! Those in government will never place DUI issues on State Voting Ballots … because the States like unlimited harassing rights and no accountability !!! Only an “ISIS” type of retaliation from the people would reestablish our 4th amendment right. People gave their lives for that right, and we let government tell us they’re justified in violating it !!! The Subriety Check Points are conducted with the same level of insolence,
      beligerance and intrusion as Natzy Germany !!!

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  22. The “Legal Limit” means NOTHING!
    What the hell does the legal limit even mean? If you blow a .08 .07 .06 .05 .04 .03 .02 .01 you go to jail. The legal limit doesn’t mean anything. It’s also ONE BEER. If you drink ONE BEER 60 minutes prior, you’re completely legal, and get arrested for DUI.

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  23. I just got a dui n a dwi but blew a .06 .. could I beat it because I wasn’t drunk at all.

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