how did you get pulled over after 6 drinks? that is like nothing. did he pull you over for something else and smelled it?
anyway, that sucks man.
people are SERIOUSLY clueless on DUI's.
Without any injury/property damage almost all the carriers do not really care on a 1st time DUI. Your rates will not change.
Car insurance rates are based on a variety of factors that indicate the likelihood you'll be involved in an auto accident. This includes your age, gender, location, the type of car you drive, and your driving record. Even if your DUI is classified as a misdemeanor instead of a felony, a conviction will cause a significant increase in your insurance rates.
DUI Laws
After a DUI conviction, you can expect to lose your license for a period of time. Retaining the services of a DUI lawyer may help get that length of time reduced. When you get your driving privileges restored, you'll likely need SR-22 insurance unless you live in Delaware, Kentucky, Minnesota, New Mexico, Oklahoma, or Pennsylvania. This is a policy that proves someone is carrying a special type of high risk insurance that courts can require for drunk driving convictions, people with an excessive number of traffic tickets, or people who have been caught driving without insurance in the past. Most, but not all, major insurance carriers can provide SR-22 insurance.
SR 22
In most cases, you will need to carry SR-22 insurance for three years. Prices for SR-22 insurance vary depending upon a variety of factors, but you can expect to pay 30-40% more for the same level of coverage you had before your DUI conviction. Once you are no longer legally required to prove SR-22 insurance, you will be able to obtain slightly cheaper coverage. However, your insurance rates will still be higher than a driver with no DWI charges or a completely clean record.
Add this to the fact that many DUI deaths involved another person that was inebriated (unfortuately usually a pedestrian crossing improperly).
I'll fight .08 being too rigid forever. It's ridiculous.
You are wrong.
http://dmvanswers.com/questions/833/Will-DUI-convictions-increase-my-car-insurance-rate
That doesn't excuse a DUI. Ask Anthony Torsell if your reasoning worked for him.
Mythbusters validated it affecting their driving performance significantly.
I had never seen someone effected as much with that few drinks, as on that show.
Ok, clearly there are certain days when it's really dumb to drink and drive....st.paddy's, 4th of july, labor, memorial, etc.
That being said...with the small amount that you were actual over the limit, I would check into fighting it:
Try to get records on when the device he used was actually calibrated.
Did you give you more than 1 chance to blow on it?
I will be fighting it (as posted previously)
my defense is basically:
It was a volunteer administering the test, not a police officer
Refused me blood testing due to lack of on-site paramedics
No re-testing by the police officer issuing the ticket
No verification by the police officer
was it stupid to drive: yes
was i drunk: no
was i as drunk as the rest of the people at the check point/in my car: no
the guy in front of me passed the fuck out blowing on the breathalizer.
the guy in front of me passed the fuck out blowing on the breathalizer.
any lawyer worth his weight in dog shit can get you off on this. If they didn't follow even one step of the process according to the rules you are off.
If the officers deem you impaired, even if you are below the legal limit, can still give you a ticket. and some officers will manipulate the results just to raise funds for their juridiction.
and never, ever give a volontary blow on the straw, any lawyer will tell you that.without the evidence of that, it harder for the state to make a case.
ehh, check your state laws on that. Here in the Great State of North Carolina, if you refuse to blow, it's an automatic 1 yr. license suspension, plus a big fine. If you are not too toasted and don't have any priors, you should go ahead and blow (unless you know you're trashed) because the penalty for not blowing is probably more severe than a low-level DWI (and you can still get convicted even if you don't blow). If you have priors, don't blow, because conviction means up to 2 years in jail, and your license will be suspended in any event.
To the OP, consult with a lawyer, if you passed your field sobriety tests (say the alphabet backwards, walk the line, touch your nose, all that) it's remotely possible you can beat it with a level that close to the line. It's worth hiring someone just to walk you through the process.
FWIW, I'd bet there are very few people in this forum who haven't driven on .081 at some point in their lives. Of course, if I'd been caught, thems the brakes. Not something I've done in the last 10 years or so, but as a 20-30 yr old, definitely.
That would have been fun to see. Sad, yes, but still fun.
That doesn't excuse a DUI. Ask Anthony Torsell if your reasoning worked for him.
Can't you opt for blood or do they have to haul your ass in for that?
after i blew on the magic stick, and they said i was over. I asked for a blood test verification, but was refused because they didn't have on site paramedics at the check point. and i guess they didnt want to haul my ass back to the station to wait, becuase i was so close to the limit by the time i wouldve gotten to the station and had my blood checked i would have been under the limit. in which case i couldve sued them for wrongful arrest, ect ect. Just covering their asses. Better to dish out a ticket and hope i dont fight it.
after i blew on the magic stick, and they said i was over. I asked for a blood test verification, but was refused because they didn't have on site paramedics at the check point. and i guess they didnt want to haul my ass back to the station to wait, becuase i was so close to the limit by the time i wouldve gotten to the station and had my blood checked i would have been under the limit. in which case i couldve sued them for wrongful arrest, ect ect. Just covering their asses. Better to dish out a ticket and hope i dont fight it.
so much misinformation here...I'm on my phone so this is short, but if impairment can be proven, you don't even need an .08. Sure it's a lot easier to prosecute that way, but to think that you're a-ok just because you're at .079 is idiotic.
You were quite likely higher than 081 when you were stopped. How much time passed between when you were stopped and when you blew?
not much time, because it was a check point. I pulled up, he asked me to pull to the side, and step out. at which point i was approached by someone who identified themselves as a volunteer for the DUI check point, wearing a hi-vis vest with no badge or any police identificaiton. He ran me through the field sobriety test, and had me blow. He went and got a real cop, and the cop issued me the ticket, without even doing any of his own tests. I asked him for a blood test verification and he said there were no on sight paramedics to administer it. I got the ticket, the cop walked away, and the volunteer stuck around till i got i called my girlfriend, she picked me up and laughed at me. Drove me the 1/2 mile down the road to my place. I posted on atot, had some more drinks, passed out and woke up and called my lawyer.
had some more drinks, passed out and woke up and called my lawyer.
You got stopped for a DUI, and yet when you get home you decide to drink even more? You really are a dumbass.