Alcohol & Drugs: DUI, DWI OMG DUI! No Breathalizer.

[emilyc]

I'm happy to find this forum and hoping for some help. I'm so angry right now. This is my 2nd time! Last night I was at the bar for a friends birthday and I had 2 20oz glass of beer and 1 shot. Waited 1hr 15min before going home. At this time the traffic lights are blinking on the road. A blinking red light is just like a stop sign. So I stop and proceed. The next light about 2 blocks away is an orange light, caution. After I passed the second light I noticed a car turned behind me, followed me a block and turned on the lights. Now I'm nervous and worried since I have been drinking. Officer comes by, takes my license and and asks if I've been drinking and I comply yes. Gives me all 3 FST and I felt I passed with ease. Next he request that I blow into the breathalizer. I refused. It was a tough decision since I didnt want to risk my BAC being over the limit yet I knew they were going to take my license away. They took me in and I refused at the station also. The cop said I was very cooperative but had to give me the ticket because I refused. All night in jail I was just thinking how is my lawyer gonna get me out of this one.

I was given tickets for failing to stop at flashing red lights and dui.

There is a fighting chance right? I cant afford to lose this case. How will the prosecutor build a case with this one? I know since I didnt blow I admitted to guilt but I was not about to risk my freedom by blowing and failing the breathalizer.

 

[mightymoose]

Last night I was at the bar for a friends birthday and I had 2 20oz glass of beer and 1 shot. Waited 1hr 15min before going home.

It is good that you had the presence of mind to wait, but that does not at all mean that it was out of your system. Many people can be over the legal limit and not even feel buzzed.

At this time the traffic lights are blinking on the road. A blinking red light is just like a stop sign. So I stop and proceed. The next light about 2 blocks away is an orange light, caution. After I passed the second light I noticed a car turned behind me, followed me a block and turned on the lights.

You are implying that you didn't commit any violations, but there are MANY other reasons that could have justified the stop. It seems you were not told the specific reason, but it will be in the officer's report.

Officer comes by, takes my license and and asks if I've been drinking and I comply yes.

Bad idea. All you need to do is hand over your license, registration, and proof of insurance.... and keep your mouth shut! You are not required to say one single word to the officer... and the less you speak the less you are breathing on him....

Gives me all 3 FST and I felt I passed with ease.

Mot people feel that way, but they don't know what the officer is looking for.

Next he request that I blow into the breathalizer. I refused. It was a tough decision since I didnt want to risk my BAC being over the limit yet I knew they were going to take my license away. They took me in and I refused at the station also.

That is certainly your right to refuse, but there are consequences. In some jurisdictions, including mine, if you refuse the breathalyzer they will still get a blood sample.

The cop said I was very cooperative but had to give me the ticket because I refused. All night in jail I was just thinking how is my lawyer gonna get me out of this one.

It sounds like your only way out would be to attack the officer's reason for the stop... however that would probably only minimize the damage if it did anything. Your refusal to comply complicates things.

I was given tickets for failing to stop at flashing red lights and dui.

Ok, so I got ahead of myself...
You say that you stopped, but you may not have completely stopped. If you rolled through the stop, as most people will do, especially late at night when they think nobody is around, then it is still a valid traffic stop. If you made a complete stop but went over the limit line then it is still a valid stop. The officer likely saw you commit the offense at the red light but did not stop you until you were a couple blocks away. Very rarely is anyone stopped at the exact spot of the violation.

There is a fighting chance right?

A lawyer would best be able to advise you regarding that after reviewing the officer's report. You can certainly fight it, but you have given nothing here that shows the officer did something wrong. It will likely depend on how well he wrote his report.

I cant afford to lose this case.

All the more reason to not take the chance in the first place!

How will the prosecutor build a case with this one? I know since I didnt blow I admitted to guilt but I was not about to risk my freedom by blowing and failing the breathalizer.

You answered your own question. When you refused to blow into the breathalyzer you gave the prosecutor all he needs. You might get the red light violation tossed out, but the DUI is pretty solid. You will likely see a license suspension and some fines... perhaps not an actual DUI since there is no evidence other than your refusal.

 

[emilyc]

Bad idea. All you need to do is hand over your license, registration, and proof of insurance.... and keep your mouth shut! You are not required to say one single word to the officer... and the less you speak the less you are breathing on him...

There's where I regretted. After I told him I had 3 drinks.

You say that you stopped, but you may not have completely stopped. If you rolled through the stop, as most people will do, especially late at night when they think nobody is around, then it is still a valid traffic stop. If you made a complete stop but went over the limit line then it is still a valid stop. The officer likely saw you commit the offense at the red light but did not stop you until you were a couple blocks away. Very rarely is anyone stopped at the exact spot of the violation.

He was down 2 blocks by the caution lights. Thats why I'm wondering how he got the idea that I didnt fully stop considering there was also a car in front of me too.

You answered your own question. When you refused to blow into the breathalyzer you gave the prosecutor all he needs. You might get the red light violation tossed out, but the DUI is pretty solid. You will likely see a license suspension and some fines... perhaps not an actual DUI since there is no evidence other than your refusal.

Ok thanks moose for breaking it down. In this one you say the DUI is solid but the bolded part is what I'm looking for. So will they shoot for DUI even without chemical evidence? Will it stick? I just cant have another DUI on my record. Without evidence from the prosecutor other than officer observation and refusal, I'm hoping my lawyer can get me off this.

 

[Disabled Vet]

Good Luck

Missouri Administrative DWI Laws

Administrative Penalties for blowing over .08 or Refusing to take a Breathalyzer


Refusal To Take A Breathalyzer

If you are pulled over and the police officer believes that you are intoxicated he can request you take a breath test to determine your blood alcohol. If you refuse to take the breathalyzer you face losing your license for a year or potentially longer if you have any prior DWI offenses. Under Missouri DWI laws you have a right to appeal your driver's license suspension by filing a Petition for Review in the Circuit Court where you were arrested. While your appeal is pending you will granted a stay order which prevents the DOR from suspending your license until you are granted a hearing on your case to determine if your driving privileges should be suspended/revoked.

IF YOU DO NOTHING AFTER YOU ARRESTED FOR DWI YOU WILL LOSE YOUR LICENSE 15 DAYS AFTER YOUR ARREST.

 

[mightymoose]

Ok thanks moose for breaking it down. In this one you say the DUI is solid but the bolded part is what I'm looking for. So will they shoot for DUI even without chemical evidence? Will it stick? I just cant have another DUI on my record. Without evidence from the prosecutor other than officer observation and refusal, I'm hoping my lawyer can get me off this.

Well I don't know how your state operates under these circumstances. Without the breathalyzer or a blood sample I'm not sure they can actually get you for the DUI- but your refusal to comply with the breathalyzer is enough to suspend your license. However, if it was really that easy to avoid a DUI nobody would ever submit to the breathalyzer and nobody would be getting a DUI... so it probably boils down to how well an attorney can negotiate things for you.

 

[Disabled Vet]

Now there was a case in FL (I think) where the lawyer got his client off. I think it was this person's 2-3 DUI but since it was considered a felony the lawyer requested the programming (software) of the breathalyzer machine. Something to do with the person being allowed access to all evidence against them. The company that made the machine refused to release the software. Since the person wasn't allowed to research all evidence against them the charges were dismissed. I don't know the final outcome of that case.

 

[emilyc]

Thanks for the replies. I'll be looking into lawyers very soon here. Cant believe this is happening again, even after taking every precaution "their" SATOP class teaches you. I'm willing to cough up the money even though I'm financially struggling right now but money comes and goes, DUIs stay.

 

[shawngriffiths]

It's a good thing that you didn't lost your presence of mind. You refuse the tests and the next thing to do is to call your lawyer right away.

 

[emilyc]

Just wanted to stop by and update my thread. Its been awhile but my case is done. Judgement definitely went against me. In my city, the courts rarely dismiss DUIs. After my lawyer couldn't get the prosecutor to drop the DUI, we were offered a plea deal. My lawyer deliberated with me what would happen if I refused the deal that we would go to trial but due to what the officer wrote down even without the breathalyzer test, I would still probably be found guilty. It would have cost me another $1000 just to go to trial not including court cost. Confused as to why we would lose even without the most crucial evidence, I listened to my lawyer and took the deal. Since this conviction is within the 5 year time limit, I will also lose my privilege to drive for 5 years.

After the ordeal, I felt my lawyer didn't do to the best of his abilities of what was expected of him. We pay these people LOTS of money to get us out of or reduce these situations whether we accidentally or purposely put ourselves in these situations. Even understanding the laws that go with DUIs the system still worked against me. Overall, with no driver's license and a DUI on my record, I can basically count out any good job in the near future.

Things to consider next time you're pulled over....
Never tell the officer you've been drinking (1st mistake)
You have the right to avoid any or all field sobriety tests (2nd)
Consult a lawyer but if you feel your case wont win (blew high on breathalizer, etc.) remember that DUIs cost alot of money, so dont throw it away
Understand the court system in your area, if they're strict on DUIs, expect the worst

Lastly, if you've been drinking avoid driving all together. Nothing good can come out of it, even if it was just 1 or 2 beers. Cops do not give a rats ass and will observe everything once you've said the magic line: "Yes, I've had a drink tonight"

 

[army judge]

The best way to avoid a DUI is don't drink and subsequently drive.

Call a taxi and leave your car in the parking lot.

Or, call a friend and ask the friend to take a taxi and drive you and your car home.

A taxi is much cheaper than a DUI charge.

Or, stay home and drink.

 

[Michael Wechsler]

Thanks for coming back and reporting the outcome. I'm very sorry to hear about what happened but it wasn't unexpected. The tips are all good ones, the last one being the best - just avoid drinking and driving if you can and make darn sure that if you do drink, it's really in very limited quantities. If the prosecutor has the ability to obtain testimony that it was more than just one beer or glass of wine, it's a difficult defense to make as to why you'd be so afraid to take sobriety tests.

That said, don't look down. There have been plenty of people who have come here who had much worse than your experience and still were able to obtain employment and more. At some point you should be able to expunge your DUI. While not immediate, the expungement will allow you to move forward, albeit having had to learn a hard lesson. Keep your spirits up, think positive and remember that not everyone will be so harsh to you. For all you know the person behind the desk interviewing you might have been in the same situation.