DUI - blew a .28

zxczxcv wrote:

The machines are very inaccurate, not calibrated properly, not tested well, not implemented correctly. But seriously, you need help. Go into a rehab program, get away from alcohol and friends you drink with. You could easily have killed others or yourself.

What zsczxcv said. Google "NY Times" and "breathalyzer" and they have had a series of articles on it. If you blew .28 on the brand of machine that the articles talk about, you may have a shot (no pun intended).

what's next wrote:

And I do typically Uber when I drink, but given situational factors that wasn't an option this time.

If you were FORCED to drive drunk (eg, someone had a gun to your head) you should have a case.

Otherwise, you're just making excuses and you haven't learned anything.

what's next wrote:

However, for the sake of this thread, I'm strictly concerned with the legal ramifications.

Stock up on soap-on-a-rope, or Vaseline depending on which way you roll.

It happened on Thursday and it took you till Sunday to consult with LRC?

Get therapy. Hopefully spend some time in jail. Learn from it before you kill someone and end up spending a lot more time in jail.

thanks for the responses.

I'm currently weighing options with a few lawyer friends - 'unofficial advice'

I might be able to take advantage of certain procedural missteps made by the cop

Upon research, the breathalyzer appears to be of a type that is fully calibrated and functioning

I realize I shouldn't have driven, it was a stupid mistake. And this may come as a surprise to you, but I've never 'blacked-out.'

Aside from the smell on my breath, there was no mention of erratic or suspicious driving.

And for those of you condemning me, fine, I get it. But let's not pretend that people don't drive drunk all the time. It's practically as ubiquitous as speeding. I constantly see people far more inebriated than me driving. They may have lower BACs, but they're way more drunk.

Like I said, I'm a full-blown alcoholic.

Not that that justifies it, but let's drop the holier-than-thou attitude.

Blame in on auto-brewery syndrome.

https://www.washingtonpost.com/health/2019/10/24/he-was-acting-drunk-swore-he-was-sober-turns-out-his-stomach-was-brewing-its-own-beer/

Greg ?? wrote:

Blow harder next time!

And lower.

what's next? wrote:

Happened on Thursday. What should be my first course of action (legal)?

Hopefully you or your family has money. Then, you hire a good DUI defense lawyer. Another thing you can start today is voluntary alcohol counseling and testing. I had a friend that started that from day 1, and by the time it got very far in court, he had established a clear record for months that he had been clean and sober and working to stay that way. I think he got a really good plea deal, but still lost his license for a year. So, you might have to figure out how to get to work and function without a car.

Your Mom Blew a .28 wrote:

what's next? wrote:

What should be my course of action?

Action Items:

1. Kick yourself in the d*ck for being an enormous @$$hole.

2. Stop drinking. People who drink are fat, lazy, non-contributing idiots.

3. Start smoking weed.

Nope, just repeat #1. Some of us drink in moderation and aren't fat or lazy in any sense. Nor do we need to smoke weed. If you can't handle yourself, probably best to just avoid intoxicating substances altogether.

Why are you trying to take advantage of procedural issues. You are in the wrong. Accept your punishment. You piece of s#it.

What did SFH blow?

what's next? wrote:

I have no reason to believe the breathalyzer was faulty. I stopped drinking around 2 and was pulled over around 5:30. My state comes down harder on anything over .2. Several lawyer friends have told me I'm basically screwed no matter what I do. The cop actually pulled me over for a burnt-out tail light and then smelled the alcohol on my breath.

A good lawyer might be able to get you off arguing the cause of the stop was invalid and thus everything that transpired after the faulty stop is also invalid.

Though I think in your case a little punishment would do a body good.

Was your mouth full of vodka?

Good gerd, man, get some help.

Had a high profile colleague at work blow a .32. Despite faulty breathalyzers, we knew he had a drinking problem since most of us would be dead or passed out at anywhere near this level. The story has a happy ending. He stayed married, kept all his professional licenses, and came back to work. It started with a good lawyer, a judge who allowed rehab since it was a first offense and a recognition that it is a family thing for him. Life is not over. By the way, he drinks a lot of club soda at corporate events but hey, we are proud of him. I hope the same for you.

what's next? wrote:

And for those of you condemning me, fine, I get it. But let's not pretend that people don't drive drunk all the time. It's practically as ubiquitous as speeding. I constantly see people far more inebriated than me driving. They may have lower BACs, but they're way more drunk.

.

No, lets actually say that most people don't drive drunk all the time, you imbecile.

Belarussiya wrote:

what's next? wrote:

And for those of you condemning me, fine, I get it. But let's not pretend that people don't drive drunk all the time. It's practically as ubiquitous as speeding. I constantly see people far more inebriated than me driving. They may have lower BACs, but they're way more drunk.

.

No, lets actually say that most people don't drive drunk all the time, you imbecile.

Yep. I used to be that guy. Probably drove when I was over 0.2 BAC. I could've killed innocent people driving in that state. I consider myself lucky in having a BAC of just over 0.08 when I was pulled over for DUI. The process woke me out of my sober stupor, I had to make a real decision about how I wanted to live my life in the limited time I'm given. I didn't drink daily and didn't get drunk to the point of vomiting or trouble walking more than about once a year. But it was far from healthy living. I took the lesson and never have more than one drink if I'm out, have food with it, have my wife take the keys if I don't feel good about driving, etc. Maybe I'm still in some level of denial by not quitting cold turkey. Each year I take one or two full months of no alcohol for self-assurance. Since my DUI, I've made much better choices in my career and personal life. I don't hang out with drinkers regularly anymore, and have just one on the rare occasion when I do. I really don't go out even half as much as I used to and arrive home sober most of the time when that definitely didn't used to be the case. I feel for all of you who had similar moments, it's a lesson I wish I'd been smart enough to not learn the hard way. But I consider myself undeservedly lucky in that I didn't hurt any innocent victims in the years before that. It could have been so much worse. I can't think of anyone I know who enjoys sustained success in career and relationships who drinks as much or more than I used to.

I love all the self righteous letsrunners, half of who have probably driven drunk themselves jumping on the bandwagon to beat up on this guy.

But seriously, you blew .28. You messed up and shouldn't make these half baked justifications. You have no one to blame but yourself and deserve whatever punishment you get. No one cares that you're an alcoholic and that is irrelevant to this discussion as is the action of others.

thanks for the comment, it's helpful

Accept responsibility. wrote:

Why are you trying to take advantage of procedural issues.

Because it's within my rights