Alcohol & Drugs: DUI, DWI 21 y/o First DUI offense in Dahlonega, Georgia; Please help!

[ddism]

I'm a 21 year old male and was arrested last night, taken to jail and charged with DUI and failure to maintain a lane.

Story:
I was pulled over 3AM by campus police of North Georgia College and State University minutes before parking my car to visit a friend. The officer said he pulled my over because I came down the hill too fast then said he could smell alcohol on my breath and asked if I could do a field sobriety test. I was asked how many drinks I had throughout the day and I said it was a few beers several hours ago.

Being an uninformed fool, I agreed (big mistake) to the FST. Then the officer continued to ask questions about my day, who I was visiting, where I lived, what I was doing out this late, etc.. I politely answered all questions. Then the campus officer calls the city police. The county officer checks my eyes by following his finger. Then asks if I want to take a breathalyzer test for positive or negative. I agreed again (big mistake again). The mobile breathalyzer which is not calibrated and can't be held in court pulled a 0.081.

Then I was asked to put my hands on the police car and was cuffed. Then taken to the station and was tested again and pulled a 0.092 at the station. I was booked, printed, etc. I had to bond my self out for $1900.00 at 10AM. Had to get my car out of the impound.

Now what should I do and what are the consequences? I know I have to appeal for a hearing within 10 days for my license but as far as the fees, punishment, and penalties? Should I get a lawyer? If so, what can he or she do?

I'm a full-time student and don't have a steady income. I'm hiding this from my parents at all costs because they are unemployed right now as well. I'm really worried about my future and just in a mess right now.

Responses are really appreciated! Thank you!

 

[tpajet]

Call a DUI attorney in your area. They should have a free consultation.

As for the stop, you would have been a huge idiot if you would have refused the field sobriety tests. I'm not sure about Georgia, but in Florida if you refuse, you automatically loose your lisence. Gerogia is probalby the same. Also, if they did clock you going to fast, and smelled alcohol on you, then they were fully leagal to do the FST, so you cannot wiggle out of that in court. It also doesn't matter what the portable unit says. As you said, it's not usable in court. That's why they give you one at the station. That is what will be used. And .092 is over the limit.

The bottom line is you were propperly popped for DUI, so you need to contact a lawyer and go from there.

 

[raskalnikov]

. . . I think you should always refuse the Field sobrety test. . . An ex-cop was working as a Detective at a law film, showed us how he would do a field sobriety test and get people to fail it, even totally sober.

 

[jacksgal]

Unwise advice. Refusing a FS will result in your DL being taken. One "alledged" bad cop does not make them all out to arrest sober drivers

 

[raskalnikov]

You don't have to have been arrested by a "bad" cop to fail the field sobriety test. Lots of reasons why someone totally sober may fail it.

 

[CdwJava]

. . . I think you should always refuse the Field sobrety test. . . An ex-cop was working as a Detective at a law film, showed us how he would do a field sobriety test and get people to fail it, even totally sober.

Then this ex-cop was violating the law and the public trust if he manipulated the test in such a way, and I am relieved he is an EX cop. We do not need officers like him working on the streets.

The SFSTs are not designed for failure, they are designed as an evaluative tool. When used properly, there are a very accurate tool to evaluate a driver. A refusal can play both ways ... it leaves the officer with no SFSTs, but, it leaves as the ONLY evidence any act of bad driving observed, the odor of alcohol the officer smelled, the slurred speech and/or poor coordination the officer observed upon contact, etc. If the driver was lucky, and not very impaired, then NOT taking the SFSTs might be advisable - likewise, if the driver is VERY impaired he might not want to take the SFSTs. But, if you are not impaired, not taking the SFSTs might result in an arrest when not necessary.

In short, I know attorneys that advise some people not to take them, and others that advise to take them if you are sober only. It is a judgment call. But, to say one should NEVER take them is dangerous as it can result in an arrest that could have easily been avoided.

- Carl

 

[CdwJava]

Unwise advice. Refusing a FS will result in your DL being taken. One "alledged" bad cop does not make them all out to arrest sober drivers

I am not aware of any state where refusing the FSTs can get your license taken away. Refusing the chemical test, yes, but refusing the Field Sobriety test? I am not aware of any state that provides a penalty for such a refusal. But, there might be one - I just have not heard of it.

- Carl

 

[jacksgal]

Then I stand corrected as I thought our state (yours and mine carl) this was the rule

 

[CdwJava]

Then I stand corrected as I thought our state (yours and mine carl) this was the rule

Nope, just the refusal for the chemical test. Anyone can refuse the FSTs without legal penalty. It might not benefit them, but they can refuse.

It would be nice if they could not refuse, but, such is life.

- Carl

 

[ddism]

Can the public defender help with the rundown or help in reducing any charges or penalties like a lawyer? Was it fair to be tested twice for the FST by both campus and city police?

Can this first offense hurt my chances at jobs/careers, financial aid, or applying to law school?

 

[CdwJava]

Can the public defender help with the rundown or help in reducing any charges or penalties like a lawyer?

A public defender IS a lawyer. A public defender is an attorney paid for by the state or county and provided to a defendant who is otherwise unable to pay for his own private defense attorney.

Was it fair to be tested twice for the FST by both campus and city police?

Whether it was fair or not is largely irrelevant. Was it legal? Probably. Now, if they each came to different conclusions as to impairment, that could play into your favor.

Can this first offense hurt my chances at jobs/careers, financial aid, or applying to law school?

It might ... it might not. In many states diversion is available for a first offense for DUI, I suspect yours is the same.


- Carl

 

[ddism]

A public defender IS a lawyer. A public defender is an attorney paid for by the state or county and provided to a defendant who is otherwise unable to pay for his own private defense attorney.


Whether it was fair or not is largely irrelevant. Was it legal? Probably. Now, if they each came to different conclusions as to impairment, that could play into your favor.


It might ... it might not. In many states diversion is available for a first offense for DUI, I suspect yours is the same.


- Carl

Should I wait until my court date to talk to the public defender or prosecutor to hear the rundown? Or hire a lawyer ASAP or at least talk to one? I really can't afford one right now as I'm already paying of debt and am a full-time student but don't want to risk my future hopes and aspirations.

 

[CdwJava]

If you can afford an attorney, you probably will not qualify for a state appointed attorney. If you can afford an attorney, consult one now. If not, then do so at arraignment if you can. The court will probably ask if you need counsel appointed. You will probably then be prompted to plead "not guilty" to give you time to consult with the public defender before another appearance.

- Carl

 

[ddism]

I just spoke with an attorney who is friends with the judge at the court and who used to be a previous prosecutor at the court, he wants $5500 to contest the charge and keep it off my record but $2500 just to do a plea bargaining. Does it seem like a lot? He said that a public defender couldn't really help because he or she works for the same people as the court. It seemed like he was trying to scare me and was being very pessimistic.

 

[lawesq]

I just spoke with an attorney who is friends with the judge at the court and who used to be a previous prosecutor at the court, he wants $5500 to contest the charge and keep it off my record but $2500 just to do a plea bargaining. Does it seem like a lot? He said that a public defender couldn't really help because he or she works for the same people as the court. It seemed like he was trying to scare me and was being very pessimistic.

I would just pay the attorney. At least you know you did all you could to keep it off your record, etc. not worth it to haggle on big issues like this imo.