So You Want to Avoid a DWI? Have I Got Some News for You...

It begins.....

So you're driving. Everyone drives right? You've had a few drinks. You've done this too, don't say you haven't. You might be 5 minutes, 5 miles, 25 miles, or an hour from home. It can happen to you. You think you're fine. You've only had about 5 beers and a shot of tequila in a 5 hour period. No sweat. All the sudden you see flashing lights...

Step 1: Don't panic.

You have some gum? Grab it. Body Spray? Hurry hurry! Eyedrops? Eh, a little too late for those, he's already on his way. He's at your window. You look down at your watch. It's only 11:30. He probably won't even know you've been drinking..... Wrong. You're under the age of 97, and you're driving after the late hour of 8:30 PM. They'll assume you've been drinking. Get ready to begin! He's going to ask you to first produce your license and insurance paperwork. Then he's going to ask you to step out of the car. There are a few questions you need to ask yourself. We'll go over those in step 2.

Step 2: How drunk am I really.....

The next question you need to ask yourself is this... "How drunk am I really?". Don't kid yourself on this one. Are you plastered? Can you see straight? Are you slurrrrrrrrring? Could you walk a straight line if you had to? Would your mom know if you were drunk or not? Did you just pee your pants? If the answer to these questions lead you to believe that you aren't drunk, then you have a couple of different options. In the next section, I will explain to you what a field sobriety test is, what the police officer is looking for, and the pros and cons of performing a field sobriety test as opposed to refusing to take one.

Step 3: To agree or not to agree...

Ok, so the officer is at your window. He's probably already ran your license and seen your insurance. Now here comes the money question: "Sir/Ma'am, will you please step out of the car, I smell alcohol/you were swurving/your tail light is out/I saw your inspection was out when you were going 60 on the highway/your right tire is a little balder than your left/I saw an illegal glare in your mirror as you were travelling 5 miles below the speed limit/I'm just a huge prick and I stopped you for no reason at all but I'm going to scare the shit out of you and ruin your whole world by putting you on the spot asking to step out of the car and take a field sobriety test.

First, I'll go over exactly what a field sobriety test is.

Motorists suspected of DUI / DWI are routinely asked by police officers to perform one or more field sobriety exercises. These voluntary "tests" (yes, voluntary) were developed by police agencies to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence of alcohol or drugs. Through the performance of these tests or evaluations, the officer subjectively determines how the motorist reacts to and performs the requested tasks.

These tests include:

· One Leg Stand-The subject must stand with heels together with arms at his sides, raise one leg about 6 inches off the ground, and hold that position for 30 seconds without swaying, using his arms for balance, or putting the foot down.

· Walk-and-Turn-The subject must walk nine steps heel-to-toe in a straight line, turn by pivoting on his left foot, and walk nine heel-to-toe steps back without swaying, stopping, stumbling, using his arms for balance, taking too few or too many steps, or walking in other than a straight line.

· Finger Count-The subject must touch and count each finger in succession counting "1-2-3-4-5, 5-4-3-2-1" out loud.

· Horizontal Gaze Nystagmus (HGN)-The subject must follow the movement of a small light or object without moving his head. The officer looks for jerking of the eyes or "nystagmus" when the moving object is at an angle of 45 degrees or less. Besides determining the angle at which nystagmus begins, the officer also must observe and evaluate any breakdown in smooth eye pursuit of the target and the distinctiveness of the nystagmus at the point at which the eye has moved as far to the side as it will go.

· The Rhomberg Balancing Test - The subject is instructed to stand upright, with their hands at their side. The subject is told to tilt their head back and keep their eyes closed. The officer instructs the subject to silently count to 30 and inform the officer when 30 seconds elapses.

Ok, so now you know what the officer will probably have you do. Do you *really think you can pass these tests without the officer suspecting that you've had a few alcoholic beverages (as tasty as they may be)? If your answer isn't "Hell yeah, I could pass without a sway, a wobble, a wiggle, or a 'whoops'", then go for it.

Keep in mind, if you refuse this test, you WILL GO TO JAIL without further questioning. That might be advantageous depending on your situation, however, we'll go through that later in more detail. Now, for the most part, when a police officer takes you out of your car to actually do the field sobriety test, his intentions are to get you on camera doing something that will they will be able to use later in a court of law to prosecute you for a DWI. It is a very rare occasion where an officer will do a field sobriety test and deem you "drive worthy". This is just a way for you to incriminate yourself on camera, which will, in course, be evidence against you in a court of law. Trust me, it's all a song and dance, so unless you truly think you can pass these tests *on camera* and use it as good evidence FOR your case, don't do it. Basically, if you pass these tests with flying colors, chances of you going to jail minimize, and you might possibly be let go. That's the chance you take when you agree to this test . If you're wasted, do not agree to take the SFST as it will only hurt you later on when you're trying to get your case dismissed.

Step 4: To Blow or not to Blow...

This section of the tutorial will be a marginally short one. Unless you are Sotally Tober, do NOT under any circumstances blow. Law Enforcement uses the Intoxilyzer 5000 Breathalyzer to measure your Blood Alcohol Content, or BAC. You can find more information about this device at the link below.

A BAC of .08 or higher puts you over the legal limit. So if you blow, and you blow over, then in court, that makes you look very bad, and your chances of a dismissal or reduction are dramatically decreased. Keep in mind that this device has a variance that is accepted nationwide of .02. So if you blow a .08, a good lawyer can immediately argue it down to a .06. That's a little besides the point however, if you've had anything to drink, the recommended answer to the age old question "sir, will you willingly submit to a breathalyzer".... If you're smart, your answer should be "No, go ahead and take me to jail".

Step 5: The Breakdown...

Ok, in this section, I'm going to basically break everything down and summarize it for you, and I'm going to do this by scanario. You have a few variations. Did SFST/didn't blow,SFST/did blow, and no SFST/did not blow.

1. SFST/didn't blow: In this scenario, as long as you passed the SFST on camera without so much as a wobble, then the prosecution will probably not have a very strong case against you, and you'll either get to plea the case down to a lesser offense, or even a possible dismissal. Remember, you have to have a lawyer, which is gonna cost you, then if the prosecution doesn't offer something that will not stay on your record for the rest of your life and make it so you won't be able to get certain jobs, get hassled every time you get pulled over, huge fines and fees, and also charge your first unborn child, then you might want to opt for a trial by jury. Again, this is timely, and costly for you. Our court system is totally and completely based on money. If you have it, you might be able to get off with a wrist slap, if not, then the wrist slap will be the sound of hand cuffs tightening around them. It's a crappy way, but it's the American way.

2. SFST/did blow: Ok, here is where you basically (pardon my french), "dicked" yourself. You're pretty much F'ed here. They have proof on video, and in your breath test. The only thing that will play in your favor here, is, if you blew under of course. I've seen it where people pass the SFST, AND pass the breath test, and they still take the person to jail. If a cop is determined to take you to jail, you're going to go. Again, it's all about the money. Them more people they take to jail, the more people have to be bailed out, the more that have to go to court, pay court costs (even if you're found innocent) and get scared into taking "deals" with the prosecution on things that they shouldn't have to be paying for in the first place, but I digress.... I'll go into the basic rigamarore (<--- the love of making up words) after I go through these scanarios of a typical DWI stop and what you'll go through all the way up until your last probationary appointment.

3. No SFST/didn't blow: This is your best scenario possible. There is no record of you being intoxicated other than the walk from your car to the back of the squad car. Other than that, the prosecution won't have a leg to stand on, as long as you kept your mouth shut and weren't a complete prick to the officer. Of course, the prosecution will threaten and make you sweat all the way up to your final court date, but for the most part, you will probably get this one reduced to a traffic violation or dismissed. Again, there are different circumstances on every case - How bad were you while driving on the video, were you a complete douchebag to the officer and slurring your words, were there 4 officers at the scene who all can attest to how drunk you were, yadda yadda yadda.... But typically, if you mind your p's and q's, and didn't hit anything while driving, and weren't a blobbering fool on camera, then you have a good chance of fighting this one.

Step 6: Your night of Terror

Ok, so now I'm going to lay out for you just whats going to happen on this night of TERROR. It sucks. You're going to jail. What can you do? So many thoughts are going through your head. "My life is over", "my parents are going to kill me", "I don't have any money, what do I do?", "I don't have anyone to call", "Mannnnn, I reallllllly have to peeee". Well, get ready for a costly endeavor. For those of you who don't know how our justice system works, for those of us with a couple extra bucks, we can attempt to get out of jail, pay a lawyer a hefty fee, pay some fines, pay some more fines, do community service, pay more fines, go to classes, and finally, be done with the whole damn thing. For those of us who don't, we get to sit in jail until our court date. Sounds great huh!?

Depending on what city you're in and how their jail system works, you'll most likely have to bail out using a bail bondsman. For your first DWI, your bond will probably be somewhere around 3000 dollars. That means you'll be paying a bail bondsman 10-15% of that. Yep, 300-400 bucks to get you out. Now, keep in mind, you'll have to get someone to come and cosign for you. They don't come get you, and THEN you pay. Oh ho ho ho ho no. You have to call someone from inside the jail. You remember that old saying "I want my phone call! I want my 1 phone call!". It's not like that anymore. You get to use a pay phone, that only does collect calling. Yep, that's right. You have to not only remember the phone number of the person you're calling, but also their number has to accept collect calls. So no cell phones. I said it. No cell phones. Has to be a house phone that accepts collect calling. They make it SO easy for you to get out of jail don't they? Oh, I forgot to mention, that again, depending on what city your in (most major cities have a 24/7 judge while smaller cities have a 9-5er) you'll have to see the judge before anyone can do anything for you. There is always the option of a PR bond, but you have to hire a lawyer for that, and calling a lawyer from inside the jail can sometimes be a little easier said than done, especially if you've never hired one before. So we'll skip that for the sake of the article.

So you're in jail. They stick you in a room with 20 other smelly, drunk, nasty looking people, and then they give you a nice.... holey.... smelly.... not worth a fart blanket to sleep on. Everything is either concrete or metal, and eveything smells like urine. The jailers are complete asses. If you need anything at all..... You aren't going to get it. Any questions? Don't worry, they won't get answered. You're tired, scared, lonely (except for all your drunk smelly buddies in the cell with you... Why is that guy frothing at the mouth... Is that other guy taking a sh..... Awww... he is..... on the floor..) They'll take your fingerprints, pictures of you, then put you back in your cell. Again, depending on where you're at will depend on when you see the judge, but normally it'll be sometime the next morning. You'll see the judge, they'll set a bound, and then about 4 hours later, you'll finally be a free person! Yay! Not so yay. You've only just begun. I'll try to summarize this as fast as possible so as not to bore you.

Call 20 lawyers. 10 will overcharge, want thousands of dollars down, and talk about money the moment you get on the phone with them. 3 will scare the living crap out of you making you think you'll never be able to blow a snot rocket on the sidewalk again... unless you hire them. 4 will tell you that there is no way to beat it, but give them $2000.00 dollars and they'll make sure to get you a good deal. Right. 2 will preach to you about the dangers of drunk driving and how you need counseling.... and they also will want $2000.00 down. You'll finally find one who not only seems to care about your case, will give you a good price, a fair payment plan, and make you feel at ease. Again, you're not a criminal, but after the ordeal you just went through, you feel like one.

Next you'll have about 4 court dates. The initial one when you get out of jail. Normally within about 2-4 weeks of your release. If you hire a lawyer you won't have to go to that one, but make sure to hire a lawyer within 15 days of your release, otherwise, your drivers license will be suspended for a period of 90 days if you blew, and 180 days if you didn't. Some states may vary, but this is about the average. Your lawyer will then do an ALR hearing so that you don't lose your license. Then he'll go back to court, try to cut the best deal possible, or get it dismissed. Then, if you decide you want to take it to trial, it'll cost you more. If you're found guilty, or if you plea the case and are convicted of a DWI, then your insurance will go up, you'll pay a fine of about $750-1000.00, be on probation, and do community service, and have to attend a bunch of alcohol related classes. Sometimes, your lawyer can cut other deals, but this is standard practice. A friend of mine received 25 days in jail, which he was able to do on the weekends, no fines, and probation. It all depends on the lawyer and what kind of deal they work out. Oh, and don't forget that other fee of $365.00 just for court costs which is due on the day you are found guilty, not guilty, or plea out.

Oh he's gooooood

Step 7: Things to think about

So here are a few things to think about. One, make sure to get a good lawyer. Call around. Ask questions. Many lawyers don't even ask you during your consultation how long it was from the moment you were arrested to the moment you took your breathalyzer test. This is pertinent, because remember, the breathalyzer 5000 has a .02 variance, and every hour your body processes .05 of alcohol. This is .05 grams of alcohol per blood volume. So, if you blew a .14, take .02 off that right off the bat. Then, if it was an hour later after you were arrested that you blew, then take off another .05. This puts you at .07, and below the legal limit. This is of course, just an argument, but if you go all the way to trial, then you'll be explaining this to a jury 'of your peers'. Sometimes, that's the way to go, as, the prosecutor is a pretty jaded individual normally, and will usually go head hunting every chance he gets.

Step 8: Don't panic....

Just what it says. Don't panic, don't worry. This isn't the end of the world, and you're not the only one who has gotten one of these things before. Shoot, in Texas alone, they convict over 30,000 DWI cases a year. You're not a criminal, you didn't murder anyone. If you're a driver for a company, well, then you might want to think about switching careers :) Other than that, just be calm and cool, everything will work out in the end.

If you have any questions, feel free to ask and I'll share what I can!

Comments 108 comments

Trish M Fuller 8 years ago

I was arrested in florida for a dui \, second ioffense. I didn't take any of he test.

Also charged w/leaving scene of accident to 3 vechiles. no one was in vechiles. But there is property damage. Also, they gave me a wreckless driving. Is there any help for me? Can only afford a public defender. Help

Retrospect Mike 8 years ago

The only real advice I can give is, get with your public defender, look over your tapes, and see if there is any inciminating evidence...

If the tapes don't show anything, then the DUI may have to get dropped, since you didn't take any of the tests. You'll really have to talk it out with your Attorney though. If they don't have any evidence, DO NOT take a deal. They're hoping you get scared and take the first offer they give. Don't do that. Really talk it over with your attorney and come up with the best avenue.

boombop 8 years ago

hey my mom just got a dwi and its her first offense. it was my fault cuz i snuck out and got taken into the police station. i told the police officer to drop me off at home cuz she had been drinking but he refused. my mom had been drinkin last at like 1130 and it was 4 am. so she had been sleeping for 4 hours... she was obligated to pick me up since my dad, brother, and sister were out of town. the police officer had said he had been following her for 15 minutes when she was really only driving for 5. he also lied about some tests. my family is pretty well off for money and i assume my mom got a good lawyer. what do u think her punishment will be. oh and its in missouri

Levi Curtis 8 years ago

I was stopped for driving wreckless, I was spinning cookies actually. The officer asked If i had been drinking. I said I had had four of five but gave no time period. I refused the fst's and was arrested for DUI. I refused the breath test also. The police didn't give me a blood test either. I talked to an Attourney and he said I have a really good chance of getting it dismissed. Is he right and should I be worried?

Mike Retrospect profile image

Mike Retrospect 8 years ago from Austin, TX Author


Sorry it has taken me so long to get back to you.

Your mom is a perfect example of how our justice system works. Give a guy a little bit of power, and they abuse it, regardless of the situation. I receieved my DWI, after getting pulled over once before, with 4 police officers present, who gave me a field sobriety test. I passed. They even drove me to my car to get back in and drive home. I was actually on the way to the jailhouse to bail a friend of mine out of jail - I turned around on a one way street and got pulled over again - This time the officer took me to jail. He was hell bent on doing it, so no matter what the case may be, I was going whether I liked it or not.

Did your mom blow? Did she do the SFST? Give me some more info, and I might be able to give you a better assessment. Remember, I'm not a law enforcement official, or a lawyer, I just know how things work, so if you want real sound advice, then you might want to ask a lawyer - I can offer empathy, and a little bit of experience in the matter. Look at O.J. - You never know what's gonna happen!

Mike Retrospect profile image

Mike Retrospect 8 years ago from Austin, TX Author


Well, depending on the tape and how you sound and look on it, in my opinion, it sounds like you do have a good chance of beating this case. The prosecution is probably gonna try to scare ya, and wait until the last possible moment to plea bargain with you, but all in all, if you look great on the tape, they literally have zero evidence that you were drunk at all. I used this excuse one time, and I hadn't even been drinking - However, the officer told me he smelled alcohol (which was a complete and utter lie - They use that excuse to get you our the car to look for more incriminating stuff - Just like the "I smell weed coming from your car" excuse) and when I stepped out of the car, he asked me to start doing some tests. I told him that I didn't have to do these test when I received my driver's license, so why should I do them now? If it were a requirement, then they would have made me do them when I was 16 in Driver's Ed. I told him I hadn't been drinking, and there was no reason for him to think that I was. I said "You can take me to jail, I'll get a good night's sleep and have a great breakfast of a bologna sandwich and warm milk in the morning, but you're wasting your time, because I haven't had anything to drink". He ended up letting me go - However, I don't really advise this course of action all the time. Only if you have been drinking, and don't wanna take any tests might this work out in your favor, otherwise, you're probably gonna go to jail.

It sounds to me like you have a good chance to get this at least reduced, it just depends on how much money you want to spend, or how much time you wanna invest. Sometime, people just give in because it's gonna cost them more to fight it, than to just say "ehhh, fu*k it. I'll take your crappy deal".

If you're adament, and there isn't much evidence against you, I wouldn't take any deals. They'll scare you into thinking that's the best you're gonna get, but if there isn't any evidence, then the best you're gonna get is nothing on your record, no fines, and no fees. So do with that what you will.

Good luck to you! I hope you beat it!

Jamie Jones  8 years ago

Hi , i recently got pulled over and i used my sisters name and got a DUI. the next morning i got a lawyer and told him what i did and he got ahold of the DA and told him what i did. bla bla so i basically turned myself in. the DA is offering to drop the ticket down to a misdemeanor because i came forward...however i used her name a few months before when i got pulled over and got tickets for no insurance., so i simply went in and showed the proof of insurance and was never questioned... during the process of getting pulled over and taken to jail the cop found some of those old tickets in my car... so now they are threatening to charge me with felonies of criminal impersonation... my question is can they charge me on these previous cases if i haven't admitted to it just because they have a hunch...? or are they just trying to scare me into taking a deal?

Mike Retrospect profile image

Mike Retrospect 8 years ago from Austin, TX Author


Jaime, I wish I could help you on this one - I mean, do you not like your sister? If not caught, you could have really caused some damage to her life. Imagine she gets pulled over one day, has no idea she has warrants out for her arrest, goes to jail, has to get bailed out, fight criminal charges she never committed, could possibly lose her job, and could cause harm to her trying to get a job in the future - The list goes on and on -

However, I digress, I'm not here to scold. Here's a quick rundown of how our justice system works -

You get charged - It doesn't matter if you did it or not. The police can charge you with whatever they want - You could be jaywalking, they approach you, you give them a tiny bit of grief, and now you all the sudden have assault on a police officer, obstructing justice, and a slew of other charges. You go to jail. You have to pay a CRAP load of money to get out, hire a lawyer for another rent payment a month, and then you find out that the charges get dropped because the D.A. decides they don't have a case. However, you were charged, and had to endure all the shit that goes with it - Even if you are completely innocent. Oh, and lets not talk about if you can't afford the huge amount of bail it costs to get yourself out when felonies are involved - You're looking at $5000-10000 just to get out of jail, and you never see that money again! If you can't afford it, well, you guessed it - You get to sit there for weeks or even months before your court date, losing your job, house/apt, vehicle, and whatever other belongings you have, even if you are found innocent at the end - Yeah, great system isn't it?

The answer to your question is "yes" they can charge you with whatever they want. You have to prove you are innocent in a court of law, or the D.A. has to decide before you go to court whether or not to pursue charges, but by this point, you are already out $1000's of dollars and a whole lot of time, worry, and grief.

It sucks, but that's just how it is. It's better than living in Singapore, lemme tell ya, but, not by much. I have no faith in our justice system, not one ounce. The police are never there when you need them, and are always there when you don't want them to be. Give a guy a little bit of power, and they'll run with it, without any regard to what they are doing to someone's future, and they do it on a daily basis. I've got a couple stories on that, but, that's for another time and place :)

In this case, get yourself a lawyer, and if you don't have money, or can't afford one, they'll give you one - Who will try and plea out some kind of deal right of the bat. I really couldn't tell you how this one will pan out. If they can't prove that you were the one who got those tickets, and just have a hunch, then the odds are that the D.A. is gonna notice this, and try to either plea out, or dismiss the case.

Good luck to you, I guess - You should probably apologize to your sister though :) Who else is gonna bail you out when you get thrown in the slammer next time you look at a cop wrong!

Vivian 7 years ago

I got pulled over and was arrested for dwi, i took the breathe test and blew a .25, i myself was very surprised as i had only 3 glasses of wine.

This is my first dui and the prosecutors wanted to plea bargain with me for 1 year probation, yaya and also have a deep lung device fitted into my car. i refused this deal, because i said to them that if i blew a .25, i will be comatose and wont be able to stand on my feet, my lawyer said to take it, but i said no because i don't want the device in my car, also i told my lawyer to take a look at my tape and he will see that i was standing normal and walked by myself and was not impaired.

I also told him that i am on a low carb diet and he said that wont help the case much. So we are taking the case to court, i am so confused i dont know what to do, can anyone help me?

Costin 7 years ago

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I just got a DWI in DC. I live in VA. and had my finals at school. I decided to go out and relax but things didn't go well for me at the end. I went witht one of my friends to a club where I had 4 long island ice teas. I left the club whit him and headed back home. After about driving for 3 minutes I get pulled over by a police officer for passing a red light. He asked me if I had anything to drink and I said yes. I was arrested and took the 2 tests they give. I got BAC .14 and now I am desperate. Today is 12-18-08 and I need to be in court on 01-15-09, I don't know what to do... I am very afraid and fell like my life just ended on Saturday. I need advice on what to do... How can I avoid having it appear on my background check… I am under so much stress I can’t even describe in words.

David 7 years ago

I got real lucky. I got pulled over leaving a bar by my house driving a friend home. He said i crossed the line on the road more than twice. He asked me to step out of the vehicle to do some tests and i did and failed them. At that time he put me under arrest and sat me in his car. His back up arrived with a breath test and gave it to my friends to see who could drive home and they both failed. i thought he would then come over to me and ask me to submit to the test but never did. So we get to the station they take my prints and pictures and then leave me on a bench for twelve hours and i realized they never offered me a blood or breath test. When i was released i was given two tickets and a piece of paper saying i had refused to submit to a breath test. ??? At first i was pissed in MO if you refuse its an automatic one year suspension of your licence so not good. But after talking to my lawyer and realizing that the refusal they gave me was never signed by me and the fact that the video of me being "asked" to submit to a blood test was somehow erased my whole case is being dropped and i will have nothing on my record. So my BIG THANKS go out to the stopid ass cops who arrested me and didn't do their job right i guess i was wrong you guys are good for something. So you do have some good advice on here however the best advce is just get a ride from someone if you have had more than one drink and believe me a taxi is a hell of a lot cheaper than getting a lawyer and paying huge court fine that im lucky enough not to have to pay.

Sharon3rd profile image

Sharon3rd 7 years ago from Talladega, AL

Okay, gotta comment. Please disregard the portion telling you NOT TO BLOW.. In the state of ALABAMA and most other states, REFUSING TO BLOW IS AN AUTOMATIC GUILTY SENTENCE.

No, I am not a lawyer, I just spend time in court with my clients and every one of them that thought they could "beat" the system by not blowing was found "automatically guilty" under a statute in the law.


A 25 HOUR HOLD IS PLACED ON EVERY PERSON WHO REFUSES TO BLOW... This means, in ALABAMA, you GO TO JAIL for 25 HOURS before you get the chance to be bonded out... At which point, you then have to take a BREATHALIZER test in order to be released.... So go ahead. refuse to blow, have a seat in jail. (sarcasm noted)

MY POINT.. Don't drink and drive... It might be ME you kill or one of MY KIDS, or YOURS... You will just flop around in your car because you are too drunk to react like us sober people will.

Don't get me wrong. I am not a member of MADD, and I am not here to judge everyone, by all means... GET A LAWYER if you screw up and get a DUI, but PLEASE...Just do us all a favor and stop drinking and driving!! Life is precious!!


Nancy 7 years ago

I actually was arrested this morning at a check point at 2am. They asked me if I had anything to drink, and I was honest and said "Yes. My last drink was at 11pm" The did not clarify that the FST was voluntary. I have horrible balance naturally, so I failed. I refused to the breathalizer, arrested, the got a judge to sign a warrant demanding a breathalizer, and around 3am, I blew a .007....and I was still arrested for DWI!! WTF!? The officer was a complete dick and didn't answer any of my questions I asked. He clarified NOTHING for me. My court date is this Saturday!! I want to fight this, but I can't afford a lawyer. What should I do?

infinite19 7 years ago

I was pulled over the other day for speeding doing 69 in a 55,I was going to a friends fuenerel the cop asked me if I had been drinking and I told him I had the night before and that it had been 13.5 hours since I had drank,he took me in I blew a .09 so I was charged for dwi.I asked for a blood test this came back .084 how can this be when I quit drinking 13.5 hours before.

mike 7 years ago

I live in ms I was coming home from work I felt tired so i pulled into the end of a driveway to rest my eyes and fell asleep. I awoke to the police tapping on my window. They asked me if was drunk i sad no. I passed the breathalizer and I passed a drug urine given by the dept of corrections after i was locked up. The police also did an hgn and state i failed it. my probation officer dropped the probation warrant after getting all the test Do you think i will be found guilty?

dawei888 profile image

dawei888 7 years ago

Thank you for providing this information and educating us about drinking and driving. It just isn't worth it giving the potential disasterous consequences.

CoBo 7 years ago

Thanks man, I got a question.I had 3 beers and a shot of washington apple over a period of 4 hours for my sisters 21st birthday. I was downtown (which has a bunch of one ways Im not familiar with) and I took a left out of the parkinglot and then an immediately left again to follow my parents home. Well the first left out of the parking lot was a one way..and I was on if for like 2.5 seconds..literally. I got pulled over by a rookie cop (later confirmed) and he gave me a field sobriety test after I was honest about drinking 3 beers and a shot.

I passed the tests and he brought another "specialist" he said ove to administer the tests again..I passed the standing on one foot one completely (I'm a brazilian jiu-jitsu instructor and my balance is uncanny) I counted to 30 with my eyes close and it took me 31 seconds so I passed that, He did the eye test..Which I told him I had a stigmatism and he got my glasses for me and I didn't move my head to follow light...but I have no idea if my eyes vibrated. and the 9 steps on I did correctly without a wobble..but on my way back My hands lifted a quarter of the way when I stepped on a crack and a incline. (yeah..he had me walk on an incline curb with cracks in it) After all of that he took me to jail because I raised my hands that one sec and said he told me to keep my hands at my side.

The "specialist" turns out I trained some of his cop buddies and said he would of let me go but it was the other cop and they already ran my name. So when we got was 2 hours before I got there and that based on the fact I only had 3 beers and a shot over a 4 hour period I knew I would pass and asked for a breathalizer...well they never gave me one but they did give me a paper talking about the breathalizer..there is a spot I would have had to sign if i refused it...which isn't signed or checked...a spot that could be checked if I refused to sign or take it, which wasn't check or a spot to request that I be video'd if I was a child..which wasn't checked.

So basically they just forgot to give me one. My father has to watch DWI field tests for his work and said he couldn't believe how well I passed them and it was the best he had ever seen. I got bailed out and don't have a lot of money for a you have any advice?

ED 7 years ago

Here's few tricks I have used sucessfully. I always carry a bag of peanuts in my car, a mouthful of peanuts after drinking will drasticaly cover you breath. The answer to have you had anything to drink is, As clearly as you can possibly speak. "Absolutly not I do not drink and drive" Don,t admit guilt. If you are asked to take field test Respond by refusing and say my friend who is a lawyer advised me never to do this because the test is designed to for me to fail. Of course refuse the breath test. Always stand straight and do or say anything else remember you are on camera. Iv'e avoided arrest 3 times and beat the one arrest in court. And remember if you had to much you should know it and don't drive if you don't know then don't drive

gregg 7 years ago

I'm in nj and got a ticket for DUI and careless driving. I did a FST which I thought I passed but the officer said my eyes were very glassy. I was taken to the station where I took a breathalyzer and gave a urine sample. The breathalyzer came up zero, I don't drink, but I don't know about the urine sample yet. The reason I got stopped was that I tapped a van in front of me, no damage to the van and no one hurt and I didn't pull over after the tap. I told the officer that I had taken Ultram about 2.5 hours ago. While I was sitting in his car I overheard him talking on his radio that I was talking fine, there was no smell of alcohol and I appeared fine and attentive.

I have hired an attorney and I'm very nervous what's going to happen to me. I have a CDL Class A and I'm a single parent. What's going to happen to me. My attorney says that they need to see the discovery to see how they are going to defend me. What is the least/most that could happen to me. This has never happened to me before.

Circablog 6 years ago

First of all - I love your site. Very informative - better than any attorney I've talked to. I got a DWI back in April. I did the FST, but didn't blow. I had a beer much earlier in the day (6 hours before). I know this sounds like a sign of guilt but I'm a strict Constitutionalist and hold in high regard the 4th, 5th and 6th Amendment - all of which the police consistently abuse. First of all they pulled me over for a burned out tag light - and as my attorney pointed out there is no statute in this state (AR) for such a requirement as long as the tag is visible from 50 feet away. It was because in the police report, they even ran my tags BEFORE they pulled me over. So we tried to fight on the basis of no probable cause (there was none). The truth is I was out late and was sick after taking my chemotherapy. That didn't bode well for me, because they thought I was drunk. I was not and you could see the officer seeth with anger when I explained that I have Cancer and had just done my chemo 1 hour before. I did the FST but also explained that I have a broken leg - so standing on a broken leg for 30 seconds was out of the question. Bottom line is this is a money game. Don't tell the police anything. Give them your licence, insurance, registration. DO NOT tell them if you've been drinking or if you taken anything that day, even a Benadryl - because they can still arrest you for that. All responses should be "Am I free to go?" or "I can't answer that without my attorney present." This WILL get you free ride to jail, but in my book, even though it sounds gloriously deluded, I would rather take one for the team (meaning the Constitution) than give police more power to abuse it.

Don 6 years ago

I was pulled over in Dec 2006 and have a court date for Jan10. I did not blow or walk and told the police officer I have health issues including a bad back. He called me a liar and a faker and took me to the hospital before jail. He then shoved me from behind walking down the handicap ramp and then denied it several times before finally admitting it. I also have extensive medical records as well as going to the hospital once I was released from jail. To validate this. I was also very cooperative . What do you think? Thank you.

sally 6 years ago

in utah if you refuse a chemical test you automatically lose your license for 18 months. soooooo good luck saying no to a cop.

texas gal 6 years ago

Hey is there help for me... I got a dui-minor in texas,I damaged government stuff like polls n more. I am jst 20 and I dnt remember the police takin any test cus I think I was soo drunk he jst took me in jail... I dnt have a lawyer because the court clerk told me I jst have to talk for maself and explain it was all a mistake. Wat do u think? And am really scared?

james 6 years ago

i was sober for 8 years than went to a party not going to drink but i got a dui and driving on revoked license.i had lost my license for 10 years had 1 year left. now my lawyer said they are charging me with repeat offender.3 years in jail and no license for 10 more years. i need my license to drive to work. in raising my 2 children by myself and live in a rural area70 miles from work. cant afford to move and pay rent i go to jail in 5 days.what can i going to lose my son to his mother who hasn't seen him in 6 years, this is just about to kill me i feel like i let my son and daughter down i feel like its the end of the world, please help me shed some light.

Jonathan TX 6 years ago

HEY i have court on july 29th 2010 which is like in eleven days for a DWI though the problem is that they didn't stop me... i crashed then they gave me 3 sobriety tests and then at the end of them he kept asking if had anything to drink after he had ask like 3 times i said i had had half a beer and he said turn around and went to jail but i didnt blow.. what are my chances ill win please get to me ASAP plz

Todd 6 years ago

I wasn't pulled over but the cop. A wrecker called him in and the cop pulled up and I was changing my tire.

I blew and he took me in. Even though I blew over the limit, can I argue PI instead of DWI since he didn't actually stop me? What are the chances of a getting a PI instead of DWI?

Todd 6 years ago

I wasn't pulled over by the cop. A wrecker called him in and the cop pulled up as I was changing my tire.

I blew and he took me in. Even though I blew over the limit, can I argue PI instead of DWI since he didn't actually stop me? What are the chances of a getting a PI instead of DWI?

ironhead 6 years ago

Hey my name is tim and I made a pretty bad decission a couple nights ago. I left the bar at around 1 a.m. I was really hammered and tired. I made it about a half a mile from my camper when I fail a sleep and lost control of my car and flipped. No one was hurt, but I was arrested. I took the field sobriety test and faild. When asked if I would blow I said no. I'm working here out of state from alabama. Could I get probation and classes in my home state if I have to go back home to work. I'm only here for a short time.

Tony S 5 years ago

I was pulled over this weekend coming home at 3:30 a.m. I had stopped drinking at 12:45 a.m. and drank 2 shots of Vodka and 2 Red-Bull Vodkas. I was on my way home driving along at 80 mph and was pulled over. The cops that pulled me over seemed to be hazing me. They made me do the FST, I passed and then had to blow on the breathalyzer. He had me do it 3 times and kept fondling with it and wouldn't show me the score. He arrested me and off to jail I went. I asked him multpiple times for my BAC and he wouldn't tell me, just said I was over. I did blood work around 4:20 a.m. I was out at 10:20 a.m. the next day. My friend who was with me was asked to drive my car home but he failed the test at a .09 (he drank more then I did) The cop even gave him a second chance to see if he would blow bellow. Anyways, what are the chances my BAC would be below the limit? The breathalyzer used was a hand piece with a tip that you blow into. Is there are variance? I'm thinking if my friend blew a .09 I must be around there worst case. I'm 180 lbs and he is 150 lbs also.

Any answers would be awesome!



Justin 5 years ago


never submit too a field test. The only test you have too should and will take is at the police station.

Tell the officer you will take whatever test at the station.

- You will do a BAC at the police station.

- You will not do a field test

- You will take whatever test at the station.

1. Never admit to drinking, you say you are tired, you are sleepy, you feel lousy. If you get back into a conversation, use I DON"T KNOW. "I'm so tired, I don't know."

Cops aren’t dicks, if they can’t pin you down, or get whatever they need for a DUI.

They will give you a ride home let you call a budy and be super fucking cool with you.

2. Never admit to what time it is. Say “you don't know, you are tired, you sleepy, you have no idea what time it is, but you are very tired. “ If you get stuck in conversation use “I don’t know what to tell you”

2a. Sleeping in your car because your drunk? You have no idea what time it is or how long you been there, but you are very tired. Don’t submit to a roadside. Tell them, yes “you will take the test at the station”

If your drunk, you going to the police station, if your slightly drunk you’re going to the police station, if you had a couple beers, you’re going to the police station.

You have 1 and only option. Going to the station, take the breath test there.

Either you are going home or you are getting a DUI.

**ready for this

you passed the field test and blow higher, you get a DUI

you fail the field test and blow ‘legal’, you’re going to get a DWAI.

The only trouble you get into if you refuse the test at the station. Take it there. You have too. You need too. All punishment is based on your BAC. If you don't have one, the courts assume the worse.

The only BAC that counts is, at the police station.


No deep breaths. All that juicy alcohol air is deep down in your diaphragm. The deeper you breathe the higher BAC you’re going to get.

Blood test

I don’t know..

IF you get a

BTW. You will be pleading guilty. Forget about getting off, or some weird technicality that gets you off . Forget about knowing a guy, or heard about a guy who got off.

You will plead guilty.

Don't bother with a lawyer. A 1st offense is standard SOP. A lawyer at this point is like having one for a speeding ticket. Lawyers are con artist at this point. You will not get off. NO ONE GETS OFF. You heard about someone guy getting off. That will not be you.

Yes, you will have to say YES to a conviction on job applications. Sucks.

Sign up for classes while you still have your Drives license for 30 days. Pick some place you can get too after you cannot drive. Actually these places are awesome. Drunkies, some real fucked up types, and tons of bitches go to these places. It’s great. I honestly looked forward to mine.

Whatever you do, you are not going to drive if you don’t have a valid license. Never! Not even down the street get food. Don’t think about getting into your car.

There is a reason you got pulled over. Some people go there whole lives with our getting pulled over that’s not you.

Get caught driving without a valid license, and you will go to jail, YES jail. Your car will be impounded, and it’s a suck fest over all. It’s the stupidest thing you can do. At least when you got your DUI you were drinking. Driving your car with out a valid license and sober.. your going to get pulled over.

Think of the BUS or your brand new bike as an adventure in traveling. With google maps and mp3 player its simple to get around and easy.

jack 5 years ago

outside truck at boat ramp with truck running the police did see

me driving someone call 911 and said i was drink and drivein

police could not figur out who was the driver

since i was one look drunk they charge me dwi

and let my friend go who pass the test me on other hand did not do so well refuse test and some soberty test

and I also was rude to police but police said that someone saw me driving.

dani 5 years ago

three weeks agoi got pulled over for a dwi pryer to this i have a clean record. i text a body that i got pulled over he came to scene and the officer gave him two different stories which weren't true he ask me if i can do the walk i said no bc of my bad knee and he asked me to breath but i have three witness sayin i was fine and i didn't blow due to me beinv on meds do i loose my license for 6 months i have a great lawyer and private investcator could i not loose my license if the police report isn't correct and the witness is right

marie 4 years ago

I got a dwi but was not stopped but was arrested at a gas station, i had a minor in the car and was driving on the wrong side of the road, scary thing about this experience is this was the first time that I had ever dranked a punch that was spiked with Vodka and only had one cup. I did not eat nor did i remember what happen yet i did not pass out and appeared to be coherent. I have never been in trouble and am so grateful that i didn't kill anyone i am so afraid of the outcome.

George 4 years ago

I was arrested for violation to implied consent law the police officer got me on camera breaking the lane I did this because of the pot hole in the road which was hazardous to my vehicle i have taken pictures and sent them to my lawyer we had court today and they gave me a deal of DUI first charge. BUT i did not submit to any tests or field sobriety I also was followed into my garage and that is when the police officer turned his lights on when he noticed that I was entering into my private property. I pulled into the garage stepped out of my vehicle and he asked me to come outs tide to him I did that and i said i wanted my lawyer before anything had commenced. He said that was not possible at this moment and wouldn't happen so i said i am not doing any tests without proper representation here and he arrested me for DUI because he smelled alcohol on my breath he also entered into my garage without my consent and signaled his partner to come in as well when i never gave them permission. What do you think will happen. The DA found a lab report of mine from 2 yrs ago with a .23 BAC but does not know what that is from

Todd 4 years ago

I received a dui in September my truck was parked at a gas station when the cops showed up. i wasn't driving i was waiting for a friend to pick me up i never moved the vehicle they drew blood it came back. as a .09 and i failed the sobriety test, which i knew i would but that's why i was waiting for a ride i hired a lawyer is there any chance i can win.

mt 4 years ago

Thanks for this article...I've been depressed for weeks about my DUI and this actually brought a smile to my face.Your description of jail was on the money, (except in my experience they decided to let me room with honest-to-god felons at the end....luckily they were nice to me :)

John 4 years ago

I was arrested on November 19th 2010 for drunk driving and it's now January 24th 2012, still fighting it. Let me tell you, I have lost all respect for this crap shoot we call a justice system. I myself was driving home at 4am on a Thursday night, had legit only 2 drinks in me and had them a few hours prior to my drive home. It was late so I was tired, not more than 100 feet from my house I ended up rubbing my eyes and the neighbors cat ran out in front of me. Swurved off the road and hit a tree. Legit, 3 minutes later the blue lights come a flashing. Officer asked if I was ok, I said I think so. Didn't even bother to call the EMT's, instead started telling me to do Field sobriety tests. If I had known better I would have said NO, but I had never been in trouble with the law before so I had no idea what my rights really were. Anyway, failed them all, even saying the alphabet. I was freaking out though the entire time, so nervous. For someone that had never been in a major car accident before let alone dubbed as a criminal, I didn't know what to do. I was 26 at the time and in the middle of trying to enlist in the marines.

Anyway, failed the breath test, but later got it trhown out because of certain factors and was suppose to have my trial on December 19th, but the judge I was supposed to have it with up and got transferred last minute. Now either that's just bad luck or karma. So now I have 2 options... either take the plea or roll the dice on a jury trial because I can no longer have a judge trial. The reason being is because when my lawyer found out that the judge we were waiting for all this time to have my "jury waved trial" (means just the judge decides your fate instead of a jury) I got stuck with this massive prick of a judge and my lawyer suggested I should not still try and have a jury waved trial with him because basically I wouldn't have a snowballs chance in hell of beating it. Anyway... I honestly at this point don't have a damn clue what to do, since this whole god awful shitty mess has caused me so much stress. I'm ready to just throw in the towel and take the plea. Even though the breath test is thrown out, I still think there is a considerable amout of evidence that would suggest I'm guilty and people aren't stupid.. esp. now a days where drunk driving is exploited everywhere on TV. I try and stay optimistic, but the reality of it is, even if you know your not guilty, people don't know that, it's all in the evidence. I guess I'm just looking for any opinions of what I should do at this point because I really am at my witts end.

mary 4 years ago

my son was just arrested for dui after he wrecked his car. They took him to the police station and had him blow but they said it wasn't working so they took him to another station and had him blow but it was too big a difference between the two blows so they couldn't allow it. So they called someone to take his blood. It took her 39 miutes to get there. By the time my blood was taken more than three hours had passed. Is that admissabloe in coiurt? How can they say I was drunk at the time of the acciden?

LonnieMay 4 years ago

Ok so some of this information is Bad Advice! I'm not sure what state your in but in certain states, I know NJ is one of them, if you refuse to blow you get charged automatically. I know this because well i learned it in high school 10 years ago, and because my brother is a sergeant with the NJ State Police. And no, not all police officers are out to get people. I have to admit there are some out there that can be arrogant and act rather superior, but there are also good police too. Your forgetting that they put their life on the line everytime they put their uniform on. So don't stereotype all police as being ruthless jerks out to ruin peoples lives. And think the next time you decide to drink and drive, all you have to do is call a friend or parent to come pick you up. It's that easy! And just look at all the hassle and headaches you'll be avoiding. I'm not trying to preach here, but when you get behind the wheel drunk your putting your life and the life of innocent people around you at risk. It's just not worth it people!

Adelaide 4 years ago

In response to John especially who wants to be a marine,

as a lawyer and having just been charged w a bogus dui myself in wi,

I really encourage you to fight it with all you've got! It's a must for everybody...hire then best lawyer you can right away and make sure you read all your papers, citations well and request all hearings timely incl.for refusal to blow /license revocation if that's your case, and for jury trial.

Very important to preserve your rights and you can!

Specifically, sounds like they only now have supposed failed fsts, but that's easily arguable to contrary esp. given then lack of info you were given, your fright as first time offender, and pds very bad handling of your case. You CAN establish lots of reasonable doubt which is all you need to get off.

Don't think one dui wont mean or impair things in your never goes off your record at least not out of federal dbase which is totally networked and easily checked by any lawyer enforcement or background investigator s....sooooo, if you don't want its haunting you, which is what it does, than you've got to fight it and if you're going to ever spend money, nows the time, bc we' re talking your life here, and you can't afford to try to save money here, it's investment in your future, in you, best investment you can make, right? So however legally you get money to hire best lawyer, do it--and make sure you check out their wins, demeanor, rships w da esp., etc.

For example, even as a lawyer, I will not go it alone, and am retaining best I can, even though I'm BROKE too, laid off and totally depressed bc of my STUPID mistake to even put myself in situation.

I'm fighting for my life and you must too.

And even w implied consent laws, I still didn't blow, and wouldn't if you really believe you weren't doing anything wrong, no probable cause to pull you over in first place, like me.

Just fight the bastards, bc let me tell you, there is a total abuse of pwer now and getting worse, LOTS of really bad cops, including those that got me, and people really need to start standing up to defend themselves, constitutional rights that anybody just reading these comment s can see are being severely degraded across the board no matter who you are or the color of your skin, your gender or your's bs and the majority DOES know it...that cops are always

pulling people over for no good reason. Obviously, though, most important ly, just don't give them the chance, right? That was my mistake and I should' ve known WAY better, but we ARE only human and imperfect, make mistakes and are unlucky. So been kinder to yourselves, and stand UP.

Bottom line, though, really do not drink and drive bc something bad will happen...and it could been MUCH worse than just a dui charge. Hope this helps and gives people strength, esp. those facing their first offense, who caused no harm, and just made a bad decision.

andrea 4 years ago

i got a dwi last night after st patties day i told my friends i was not going to drink alot because i was feeling sick and didn't want to be out in the first place.. i had got to the bar at 8pm had 4 bud light limes.. and 3 different shots.. and spaced them out.. i know it sounds stupid i am in the military and i did not feel drunk my friends i was with were mp's military cops they bought me my final shot at the end of the night.. and i was still sober because i know they would not allow me to drink and drive.. i was taking my friend home because his friends left him and he was completely drunk.. the officer pulled me over and asked for licence and insurance.. of course i complied ive got speeding tickets in el paso tx before.. after i did that i was asked if i could take the field sobriety test.. and i said sure that would be no problem but i would have to take my boots off since i was wearing my country boots at the time and i could bairly walk in them from line dancing all night the officer said that was fine.. i also informed him i have a foot problem and i was going to be wobbly as it was.. the officer administered the to me and after i was done his partner came up after talking to my passanger.. the officer that was assisting me told his partner i was fine that i had did all the steps and was fine.. his partner told me to stand infront of his car i said ok... i then had got handcuffs slapped on me and placed in the front seat where i had been till i got to the first cop station. when i got out of the police station i asked if i can go tinkle.. yes im a very polite person.. they took me into the breathalizer room and uncuffed me they then allowed me to go to the bathroom.. i came out and then they breathalized me first time was unconclusive second time they said i blew a .15 i did not realize as a girl 2 beers can make u over the limit. this is my first time ever being introuble with the law...

also they told my passanger that he had to put his ciggerett out and the cop told him not to throw it out the window my friend replied with she does not have an ashtray in here where do i put it then the officer told him to put it out on the bottom of his shoe.. my friend replied im not doing that the truck is new and my boots are expensive..

everything was fine until after my field sobriety test i told the officers i was in the army and all attitudes were different.. now im trying to fight to not get chaptered in the army and trying to not get a dwi sentance.. i don't know what to do.. i have to find a good lawyer..

i do not recollect them asking permission to search my truck i also told the officer after i was arrested that i did have a bottle of liquor in my truck behind my seat and it was unopened i bought it earlier that day for a birthday party i ended up going to also to me i only have a single cab truck and for me my back seat is my tool box located in the back of my truck.. and i do not remember being ready my miranda rights...

my friend is a cop and told me to ask for the video of me being pulled over and i could ask for it using the freedom of information act which they said i need a subpoena for..

if someone can tell me something that would be amazing all i want to do is save my military carrier at least till i have to get out the army and be able to have a job in the end..

thank you

lol 4 years ago

here's a better idea, if you're going to drink don't drive.

see how that works? you'll never have to worry about it.

matt 4 years ago

i had a car accident , i was charged with eluding police and wreckless endangerment,i have already gone to court in my city,and paid these fines, while i was in the prosacuters office i was told i had a pending dui,in marshall co, from the night i had my wreck,i never saw a state trooper or talked to one. on the warrant the officer stated that i had been arrested and taken to jail,and that there was no accident. well there was an accident and i was immediately taken th the hospital in an ambulance,of course i have proof of all of this. what do you think my chances are of getting this throwed out,because everything on his report is a lie!

flor 4 years ago

I was pulled over one night driving a friend home when I was pulled over for speeding, my friend had stated to the officer I was giving her a ride home.I had given him my license and registration then he hold me to get out of the car & began making me take tests. He said I couldn't blow in the breath test hard enough & I did 3 times. He didn't tell me my bac level & he said he was going to take me in just for a suspicion of a DUI before that I was walking fine and did all the other tests he asked for with no problem. Once I was in the car he has asked me if I wanted to do a breath test or a blood test. I have told him I did the breath test so I had to do the blood one. They still haven't told me my bac level & I stood in jail for 8 hours. So what courses of actions should I take before court if this was my first one? I have never received a ticket, been in jail or anything. anyone please help I am freaking out!

DMW 4 years ago

Retrospect there any way we can talk via email or phone? You seem to know what you're talking about

Roulet 4 years ago

If your going to drink don't drive. take a cab sleep on a bench until you get sober. Trust me its alot cheaper.

From experience this article is true. Even if you had one beer you should refuse all test. When you voluntary try to do them your just convicting yourself.

The best thing you could do in this situation is to keep your composure. Remember, the minute you step out of your car you are under surveliance. On your ride to the dui unit, I know it will be hard, do not say a word to the officer. You are been video taped while you are in the car. Sit up straight and be quiet. You will have a chance to speak when you are been removed from the car to the unit. That's the point to get it out of your system. When you get to the door shut up and hold on. The minute you step into the building that is also been video taped. Be in your best behavior. Try not to use the bathroom while your in the dui unit. They could tell you not to flush to take a sample and if you do they could charge you with tampering with evidence.

Before you blow they will put you on camera and ask you if you want to blow (you might not see this camera). At the same time they will tell you the penalty's for refusal. Don't panic. Refuse politely.

Ok, let me say this because alot of people don't know.


Anything before this is called been under observation, that's what the cameras are for.

Refusing any sobriety test will get your license suspended it says it right on your license.

You tell me, how are you going to beat a D.U.I. if you blow over a .08. This is the evidence that the court use to prove you are

Any other charges that they give you is nothing compared to a D.U.I..

Here in Orlando the number one lawyer fighting against D.U.I. was arrested for D.U.I. and he refused everything.

Good Luck.

Almost FREE!! 4 years ago

Here's my story.... I have 18 days left of one year of probation from a DUI. But that was after I spent 2 weeks in jail. This past year has been the worst year of my life, bar none. I have had to call JAMS (Jail Alternative Michigan Services) every morning since January 3, 2011. My color is bronze. If the hotline recording randomly says my color, then I have to drive to a JAMS location and blow a PBT before 8am and pay each time. It has been almost 400 days in a row of that. If I miss a day, then I violate probation. That means automatically 93 days in jail. My license was suspended for 90 days and paid a $500.00 driver responsibility fee. I have to pay another $500.00 this year too, if I don't want to loose my license. I had to take 8 weeks of manditory drug and alcohal therapy. (in the middle of the day every Wednesday ---how do you work with that?) I have been court ordered 3 AA meetings a week---which, trust me, is faaaarrr worst than jail. My lawyer was $5000.00 (a total waste of money---obviously)$2000.00 in court costs, $160.00 for the court ordered therapy, $4.00 a pop for the past year for JAMS = $300.00 so far. And well... lost jobs, horrible debt pulling myself out of this nightmare.

I did refuse to blow when I was pulled over. I was arrested and they told me to take a PBT at the Police Station. If I had refused, then I would have lost my license for a year. I blew a .11

Folks, it's a hell that I am just now starting to recover from.

My advice is simple ----and no, I don't believe in not partying and becoming a complete recluse. My advice is to get a portable breathalyzer ($100.00)and test yourself or people that your with.---save them too if you can. If you have below .07, then you are good to go. And if a cop asks you to step out of the car to entertain him or her with the field sobriety dance, say no, I'll just take the PBT instead. Blow and Go!! $100.00 sure beats my losses.

Thanks for reading. 18 DAYS TO FREEDOM!!!

Goethe725 4 years ago

OMG....what a godsend to find this article!! I wish I had found this BEFORE the nightmare that is a DUI had started. I don't think there is much that can be changed in my case as I have already been sentenced and am serving a 2 year SUPERVISED probation for my FIRST DUI...but please help if you can:

I drove across the street from my house and parked the car on a side road near a restaurant (where I was taking my nephews and baby to pick up some take out food). I parked, left my nephews (7 and 10) and baby in the care for FIVE minutes while I went into the restaurant to order take out. I ordered and consumed a drink while waiting. A LOVELY citizen called the police because I left the kids outside. I was not even in the car, nor driving but received a DUI.(I blew AND did the field sobriety though I was not driving, stupid me) I had a horrible lawyer that did absolutely nothing but take my money and argue with me. In court I was able to get her to give me half my money back and get off my case as she was so useless. But after taking half my money I couldn't afford to start from scratch with another lawyer and had to go with a public assistant (who told me to settle...again this is my first DUI and I was not in the about rage). Bottom line, since they heeped so many other bogus charges (including 3 counts of child abuse) on my case I had to settle for taking a DUI and a deferred child abuse charge but the main fraud is that the DUI gave me TWO YEARS SUPERVISED PROBATION...meaning that I have random BA's and UA's for 2 years, monthly meetings with a probation officer, one screw up or missed test and I am back in court (and jail) and worst I am not even a Colorado resident...this has kept me prisoner in this state until I can have my probation switched back to my home in New I can't even work and am ending up in the poor house as I have been kept in this god awful state for months until the snail's pace of probation can transfer me back to New York. there anyway I can get rid of this probation?!!!

thanks so much!

lane 4 years ago

charged with a dwi in texas. officer said i was speeding. we were in a major construction zone. He was on the other side of the freeway comeing at me i was directed off my side of fwy and onto the service road at 1:30 at night. How can the radar gun be ruled as accurate in that setting

mjweinkauf 4 years ago

Last month I got pulled over and I forgot to bring my driver's license. When the cops pulled me out of the car I started to have an adrenaline attack. The Cops pulled me over bcz I ran a "Stop" sign and I didn't notice it until the last minute bcz there was a tree in the way. When the Cops asked me why I was shaking they were saying "Are you on something?" I didn't drink anything and I didn't even smoke marijuana and they said I failed the Breathalyzer test which doesn't make sense and the other test where you walk a straight line and stuff they were saying that "I'm showing all the signs." This also doesn't make sense. They charged me with D.U.I. and took me to jail and I have a court date on April 10th and I'm not looking forward to it. Its my first time being arrested for anything.

My question is how do you fail the breathalyzer test when you didn't drink anything or take any kind of drugs. Somebody please answer my question...

Jerrod Platero 4 years ago from Albuquerque, New Mexico

I was arrested for a dwi 2 days ago. Took and failed the field test and blew a .18 . I was released a few hours later and have a bond arraignment in a few weeks. I'm calling a few lawyers in the morning. What am I looking at? I live in Albuquerque nm and this is my first offense

EN 4 years ago

I disagree, but I'm not a bad looking woman either so it might have influenced the cops. There were two- one was in charge and the other seemed to be in training. I also have a very clean record and well-known insurance.

I had an OPEN bottle of wine in the car that I was pouring into a cup and drinking while driving. It was a very bad night and my judgement was nowhere to be found. I was on a country road and I wasn't swerving at all- my tolerance has always been high. Everything was up to date with my car, every part was working. I just made the mistake of not paying attention to how fast I was going which was 10 miles over. It was a two lane road and as soon as I saw the cops I flew by, I checked my rearview and saw them turn their lights on and make a u-turn immediately. I pulled over as soon as I saw them turn, even though I was well down the road and far away from them by then. I waited in my car until they pulled up behind me.

The one in charge asked me for my license and registration. I gave him both and made a point to be very polite. I knew I had to keep it together and if I had to blow, I'd be going to jail.

He returned after running both and asked me to step out of the car. Being in that kind of situation really makes you sober up fast. I stepped out quickly, he asked me to blow, and I blew. There were no sobriety tests mentioned. None. I made it a point to be void of emotion and to expect the consequences for my actions. He looked at the breathalizer reading and asked me to sit on the hood of his car. I did so and the trainee looked like he wanted to cry FOR me. I stayed emotionless. He asked me why I had done this, and I said I had been through a lot that night. I kept it short and brief.

The cop in charge returned to the hood and said I needed to pour out the bottle of wine that he saw in my car. I did so, discreetly so that the traffic flying by could not see him letting me go.

He advised me to drive down the road to a 7-11 and buy some coffee before returning home. He knew I was about forty minutes away from home so either I was sober enough to drive or he thought my record was too clean for a dui.

He DID get me for a speeding ticket, but I never found out what I blew. Girls, you want my advice? Play it cool AND sober. Act like you're a responsible adult, even though you've made a horrible mistake of breaking the law. If you're prepared for the reprecussions, you have nothing to lose by being completely honest and level-headed. Even though you feel terrified in the moment, fake it.

Hope this helps. I haven't repeated that night since and it's been a year now. It's not smart and it could get someone killed. Stay at home if you need to drink to get over something...dui's aren't worth it.

quenton 4 years ago

hey i got a possible dui. i crashed my car and tried driving the car home. then got pulled over. they gave me a sobriety test i passed that cause it was easy the one when they have you touch your fingers to your nose. then arrested me never told me why i was being arrested for and never read my miranda rights. they also searchded my car withouth consent went into the glove box. they never asked me for my license they took me to the hospitol for a bac test. i asked the cop to have a lawyer present he told me don't try to pull this bullshit and said you don't have the right to have one right now. so he said i had to sign this or ill lose my license for a year. so i signed the paper and ive been waiting for about month and a week so far my papers. i had about 7 drinks in 6 hours what do you think would be my case.

BAC07TX 4 years ago

Hi, I got convicted of DWI in TX and it was a vampire officer and he got my blood work done after 1 hr of arrest and my BAC is .07 which is less than legal limit.

No accidents or injuries to any one it was a wrong turn on the street and this is my first offense and don't have any kind of criminal history.

My ALR was dismissed. Now coming to the criminal case the plea bargain I got from the Prosecuter is not great .. 12 months prob, 40 hrs. community, $300 fine and dwi classes.

My lawyer and I both checked the evidence video and at no point I looked drunk and I was fine and looked tired but not wobbly or stuttered or anything that would be suspicious of drunk.

So I am deciding to go for a trial and I am nervous about my chances of getting out of this in peace.

Given above scenario what would you think the best option is take the plea and suck for 12 months or risk it and go for a trial? BTW the county is very conservative.

Alan 4 years ago

I received a dui from a police department that was questionable whether or not he was out of his jurisdiction or not. I completed field sobriety tests but was not told whether I passed or failed, I was handcuffed and taken to the station. I did not blow at the station. All of this happened back in January. My lawyer and went to trial due to the jurisdiction issue, the prosecutor or officer could not give a definete answer on where the lines of jurisdictions cut off. We appealed the case to appeal court and are awaiting a date from here. I know my license will be suspended automatically for refusal to blow, I do drive a company car for work. Do you have any advice on any of this info? How often employers run your insurance or are they notified when someones license is suspended? And for some reason I get found not guilty of DUI but my license is suspended for refusal to blow, is there anything I could do to save my job just for the time being of my license being suspended? And one last thing, after all the info I just threw at you, what is your opinion/ thoughts of me winning this case?? Thanks for all the info. Everybit of it is helpful and you sound extremely knowledgeable..

Me 4 years ago

I had an accident and was taken to the hospital. The officer didn't have me blow, walk, or take a blood test and decided that since I have a clean record, he was not going to take me in. I was released from the hospital to go hom. Is this normal? Am I going to get arrested later? If so,about how much time will pass? What happended to my car? I was told it was totalled. Is it impounded? WHat do I do with a totalled impounded car?

Talk talk 4 years ago

I was just pulled over with my first dwi. I hit a telephone pole. No one was hurt just property damage. I'm pretty sure they said I blew a 1.9 ? Not sure. I also got reckless driving. I'm so scared

Anonymous 4 years ago

I received a DUI in Florida recently. The officer said he was following me for 15 mins but it wasn't until I turned into my neighborhood(I was driving in the middle of the road, its a narrow road with no yellow line divinding it) that he pulled me over. I was so scared and i panicEd right away. I have a clean record and I've never been in trouble before. I have terrible balance(due to a knee injury an jet ski accident) therefore I failed the road test once I was arrested I asked to take the blood test and the officer said no because it would take to much time and paramedics had to be called since he couldn't do it. He basically gave me no option and scared me into taking the breath test. I'm smoke cigarettes ere and there and I had smoke one that night therefore I had been coughing through the entire breath test. The machine mal functioned so he had to restart it and made me take it again, and again and again because he said if I didn't the machine would say I refused and I would be in more trouble. Finally after he said he got a reading I believe I blew a .18. I was booked transferred to county and the bailed out. I contacted a lawyer right away upon my release. This lawyer is costing me a a lot but she believes she can actually win this test since I have medical proof of my terrible balance and clean record. Is this true? I'm terrified.

mike n Florida 4 years ago

I recently got charged with dui .. i took two feild test and got so nevous i couldn't stop shaking cause i was so scared. He took me to jail and asked me to blow but i told him i will take a blood test and he told me he wanted me to blow and i was refusing. I told him i wasn't refusing and would b more than happy to take a blood test but he woyldnt give it to me. I knew i would pass. Any advice

corbin 4 years ago

i was pulled over and blew .02 over. the cop arrested me and before i know it the officer had let my buddy whom was more intoxicated then i was drive my vehicle away without checking his license or i.d im also insured for me only on my insurance no occasional drivers. do i have a chance of getting this tossed due to the officers poor judgment and negligence

Chris 4 years ago

I was pulled over Saturday night, and I had a few drinks at a lounge, I ended up blowing a .13, this is my 1st time ever being in jail. This happened in long island NY. I'm just trying to find if there's anyway I can beat this charge in anyway.

P.S I never drink. this was my 1st time, and I get pulled over for having my lights out. I mean damn give me a break. As of now I've learned my lesson.

Mar 4 years ago

I got a dwi in 2009 in ny...I had 4 glasses of wine...I was close from home....I guess I was driving too slow for the car behind me, a guy who put the high beam lights behind me and tailgated me for a few blocks...I got nervous, and panicked looking At him in the mirror and hit a pole...he then stopped cursed me out, and called the cops....unfortunately for me my car did not start...the police officer asked me to get out of the car...I was crying, and more scared...he asked if I drank, I was honest and said yes...they had me blow, but for some reason could not get a reading...I was arrested, he said I smelled and crashed....he told me you have to be drunk, and called me a liar when I told him about the guy harassing me....they were very mean to me...I kept telling him I was not drunk...they treated like a total con of the worst experiences ever....on top of that I was so panicked that the next day I hired a super DICK lawyer who charged me 3000 for nothing...i was charged with a misdemeanor y convicted ....he said it was the da that will not drop the charges... He did not even show little empathy for me....I regret it so badly for paying him...I should have taken one lawYer he courts gives you...would have been same has been 3 years and I'm still devastated when I think about having this record for the rest of my bac was .17 they said....they made blow at the station like 5 times...I hate cops...always had bad experiences with them...

Justin 4 years ago

I was at dinner at 9pm, had 2 glass's of wine, took girlfriend to the boardwalk for a long walk. At 11:30pm got back in car for the drive home, about an 1/2 an hour later, got pulled over for bad tags. I cop that talked to me asked me to step out for saftey reasons, at the back side of my car asked if I have been drinking, I said yes around 9pm had a couple glass's of wine with dinner. Will i was doing this the other officer was pulling my girlfriend out of the car and asking her questions about the night. I have clinical bipolar disorder, im on medication for this, the cpolice officer with me did the FST and said I passed, right after that the other police office walked over and made the commete to my girlfriend he has had one DUI in the past what makes anouther one. He then walked up to me and gave me the pen test, held the pen to the left side for about 30 seconds enough time to make my eyes water, then said turn around I was under arrest fo DUI. I refused to blow at the scene and made the remark I will blow at the station. Apon getting to the station I was finger printed and put in a cell. I don't know my rights very well but arent they suspost to make me blow for medical screening at the jaul?

ryan 4 years ago

I was pulled over last night for a headlight out. I had been drinking, but did not admit to it. The cop had me do two field so riety tests which I passed. He told me I could refuse the breathalyzer but may receive a citation. I told him to give me the citation. He told me to get back in the car and then he told me he was just giving me a ticket for the headlight which I wont have to pay if I get it fixed. Is my license going g to be suspended?

mark 4 years ago

I was pulled over and the Cop told that his reason for the stop was that he had clocked me doing 45 in a 25 and for not using my directionals. I knew he was full of shit and had been waiting for me to leave the bar I was at. I ended up getting arrested and charged with DWI. I was also charged with speeding but for only doing 40 in a 25mph zone. Based on where he said he was when I passed him I figured it out to be totally impossible for him to have clocked a vehicle going 45mph in .22 miles and just as unlikely at 40mph. Without spending thousands of dollars to hire an expert to support my argument the judge basically ruled that he had the right to stop me cause he is a cop and can tell if someone is speeding.

ChefJenn 4 years ago

I'm 27 and live in Pennsylvania. At the beginning of March I got pulled over for a DUI. I complied, knew I shouldn't have been driving (I usually don't d&d, but you'll have to trust that it was rare and for a good cause - trying to rescue a friend who couldn't deal with police). I'm fine with how that was handled. Here's my question: I already had a suspended license. About a week ago, I got pulled over at a sobriety checkpoint (completely 100% sober) because of the suspended license. I'm staying at my dad's for the moment and was driving his car. A few days later, the cop who pulled me over called my dad (don't know how he got his number, perhaps insurance papers) and informed him not only about my suspension, but also about the DUI from a few months ago. Is that even legal? Was that allowable because I was in his car? I thought cops couldn't involve parents unless the child is a minor.

Lana 4 years ago

If it is my first offense (and I mean I don't even have a drivinng violation on my record) and the policeman had me do 3 different sobriety tests and blow, do you think I can avoid having a DUI on my record? Oh, he had me blow 3 times, 1st one did not register, so they told me to blow harder, the next one was 0.092 ad the third one was .097 - I hear those test have a 0.02 variance, and the two that did register were 0.005 apart. They had me spend a night in jail & charged me with DUI. What are my chances of getting this dismissed?

Thank you for your response in advance.

Ian 4 years ago

If you are in NJ don't reject a breath test. NJ has an implied consent law which means that by driving on an NJ road you agree to a breath test if requested by law enforcement.

Lana 4 years ago

I'm in Florida(((

Joshua 4 years ago

I'm dealing with a DWI 6th in Wisconsin me and my dad went to the bar one weekend in northern wisconsin 8 miles from his house and we took his ford tbird to the bar and he drove to the bar and back cuz he didn't drink much anyways I had my mom come get me and she was sober and the weather was bad and she was driving my mustang and we went in the ditch about 4 mile from my dad's house so we split up to try and find someone to pull us out and well I was walking back towards my dad's house and I seen a house with the lights on still and it was about a mile from the car and this guy comes outside when I was walking by and I walked up to him and asked if he could pull the car out and he said no he didn't have a truck so I said thanks and kept walking to my dad's house he went in the house and called the cops and I got a block from my dad's house and a DNR agent come from behind me and he got out and told me he called the local sheriff dept. and asked if I wanted to sit in his car and wait for the cop to get here and they gave me a owi and now I'm fighting it because I wasn't driving but they are trying to get me to say I was.

Jason 4 years ago

My DUI case in DuPage County, IL was dismissed today. I didn't blow or do the tests & didn't appear drunk on the tape. The officer also was heard on the tape saying "if you just blow .08 I'll let u pull over & take a cab," which I knew was a lie. Turns out the prosecutor thought the tape would embarrass the officer & agreed to dismissal.

My question is, although the case was dismissed I'm still obligated by the judge to pay $1,000.00 with six months. My license is also still suspended until December. I was so nervous in the courtroom that I agreed to this, just happy to have the dismissal. But now that I'm thinking about it, I'm wondering why I'd have to pay do much for a crime I wasn't guilty of.

Is there any recourse? Can I request a way to have this fee dropped and if so can they retry the case? I did plea guilty to going 43 in a 30 but that hardly seems grounds for a $1,000.00 fee!

dbg 4 years ago

alright i was pulled over for speeding happen to be drinking. refused to take a breathalizer and test. was placed under arrest for dui. was charged for dwi the next day. bonded out . have been out but don't know what to do. i wasn't slurring walking or nothing like i was drunk . but i sure was high . hella high. need some info on what to do before i go to court. plea innocent or guilty?????????

Bri 2 years ago


My cousin told me that he used my name when he pulled me over. He told me that I had a DUI on my record from February. The only thing was it wasn't me. Someone impersonated me and I don't know how to go about getting that off my record or who to talk to. I need help!

AVS 2 years ago

Hi, I'm in AZ. I already have a prior dui that's still being sorted out, and last week I was driving home and some ahole was driving in the middle of the road (it was raining, in a residential area) and he wasn't moving out of his lane. so to avoid a head on collision I swerved to the right and crashed into a parked car. my cars totaled, so is his. I blew a .09 and they arrested me for dui. What's going to happen? I have a lawyer.

Steven Teran 2 years ago from West Hempstead, New York

Hi mike

Can you please give me some advice

I got arrested for dwi at Nassau county NY

Over the summer


Nassau county is the worst place in NY to get a dwi. My bac was .12 and failed the sobriety test but passed it later at the station. I had a cup of liquor in the car and also am an unlicensed diver never got my license


am 19 and its my first time getting into trouble was a stupid mistake am a good kid graduated with honors I didn't get into a car cash got pulled over for making a left turn on the right lane

So I just attended my 4th court date and my public defender said the d.a doesn't want to lower my charge to a dwai which is a traffic violation not a misdemeanor so I have until February to decide if I should plea guilty or go to trail

I know I have a weak case but can you please contact me for some advice I would really appreciate it.

Pharmb328 2 years ago

I know this if off topic but I'm looking into starting my own blog and was curious what all is required to get set up? I'm assuming having a blog like yours would cost a pretty penny? I'm not very web savvy so I'm not 100 positive. Any recommendations or advice would be greatly appreciated. Thanks cbfeaddbdkad

Cindy 2 years ago

You beat me to the punch! I was going to start a blog to document my experience with a DWI charge in Texas. I was recently arrested in June 2014 so I am at the very beginning stages of what is going to be an ongoing and expensive nightmare for a while.

For anyone who is going thru this, this post is nothing but a documented experience. I, personally, wanted to do my own blog just to send to my friends and family so they understand how BAD it is to get arrested and in hopes that they will get a cab, even if they are not "intoxicated". Funny part being, does anyone know how many drinks they can truly have to be below the legal BAC??? There are SO many factors! If you have more than two standard drinks (Standard being a short beer, single shot of liquor) in a three hour period, just don't drive. Trust me!

I goofed and accidentally turned the wrong way on a one way road in an area I was not familiar with, corrected myself safely and drove the correct direction then got pulled over. Wonderful! Bottom line, it's not necessarily swerving or accidents that get you in trouble but something so dumb and minor as what I did will get you thrown into the lengthy and extremely expensive process. Food for thought! I have ALREADY spent $2k in a two month period on attorney payments, bond, breathalyzer, etc. I haven't even been to court yet and still owe my attorney another $2.5k in the next few months.

Also, don't fully trust any advice you see on the internet. Laws and requirements are constantly changing and also depend on your background, your attorney, what year you got arrested and what state. Police officers are there for a reason and they do a lot of good that goes unnoticed but unfortunately when most of us have to deal with them, it's not on good terms. Don't hate the law, hate the situation and education yourself and loved ones.

Thank you for this post! I'm stealing and sharing with family and friends. Good luck to all.

Johnd58 2 years ago

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Abe 19 months ago

Just took a plea deal and served 1 day jail for a DUI in AZ. I had a few drinks (lost count while gambling); lost 1k gambling and decided to call it quits and drive my rental to the airport. As soon as I came out of the parking lot, I got pulled over for making a wide turn.

Performed field sobriety and failed; took a field breathalyzer and blew 0.17 - according to my lawyer this reading is not admissible. Got handcuffed and was taken to the station for the official breathalyzer test. You can refuse the test but your driving privileges will automatically be suspended AND they can get a 24hr DUI judge to issue a warrant to draw your blood. I agreed to take it. They must take two readings and I blew 0.19 and 0.2;

Arizona has one of the toughest DUI laws. Mandatory jail, ignition interlocks for 6-12 months.

Got charged for DUI to slightest degree; DUI over 0.8, extreme DUI over 0.15 and Super extreme DUI 0.2 and over (15 days mandatory jail)

I paid 5k for my lawyer. He did what he could and was able to negotiate with prosecutor.

We were prepared to argue that my Invisaligns contributed to mouth alcohol and raised my readings. We scheduled a hearing to dismiss breathalyzer results but prosecutor agreed to dismiss all except DUI to slightest degree.

Bottom line. If you know you were drinking and driving - advise for my lawyer and my experience:

1) never admit to a cop tha you drank, took medication; drugs, etc. I told him 1 or 2 bud lights. This was a lie and it WILL be used against you by prosecutor as evidence that you are liar and will hurt your case.

2) respectfully refuse the field sobriety test

3) respectfully ask to speak to a lawyer BEFORE consenting to any test ; don't refuse the test per se but ask for a lawyer before consenting.

4) Be courteous and cooperative; your not going to talk your way out of this. Less is more; don't say more then you have to; don't be rude or obnoxious. You WILL be going to jail. unless your truly 100% sober; OR got pulled over by the nicest cop in the world willing to put his job on the line by letting YOU go.

5) you can't plead down a DUI; you maybe able to get it dismissed BUT there is a 98% chance that you will be convicted; maybe there are exceptions but they are very rare. Lawyers will make it seem like you have a good change; a good case; good odds; but they are only trying to sell you something. DUI is a big money making machine.

Total paid so far $1,700 to AZ court fees, 5k to lawyers. Once NJ is informed of DUI, they may impose additional fines, fees and surcharges. Pay twice for the same crime.

DUI sentencing will depend on several factors beyond your BAC reading. When I was in jail; there was a kid that flipped his truck; blood test of 0.25 and his lawyer got the same deal as me. There was another kid out of state from CA and he got 10 days for the same charge we did.

DUI will stay in your record forever; won't be expunged. It will impact your employment; your ability to travel internationally (Canada won't let you in with DUI; can't get a visa to China, etc) your insurance rating will go up - not only auto; home business; etc. In 10+ years most people may consider you rehabilitated (Canada, prospective employers, etc)

Get uber, taxi, hotel or whatever BUT don't drive if you had any drinks.

Johnny Shi profile image

Johnny Shi 18 months ago

I really enjoyed how thorough this has been. Having this laid out for you will help you to avoid panic. However I think that the best thing that you can do to avoid getting a DUI is to not drink and drive ever.

Trey 16 months ago

I had a DWI the other night/ early morning. I was at a party. I was behaving myself appropriately, other than the alcohol, not super smashed, but not sober by any means. A fight breaks out between 3 girls and 2 guys got involved breaking them up and someone got tazed (not by a cop, some dumbass had a taser on him) 45 minutes later cops are rolling up and break up the party, several people go inside and hide in the basement, several people went into the woods and hid, this was for 1 1/2 hrs about. I was in this girls room with several other more plastered people than me. Her dad is yelling he is pissed telling people to leave, I can hear him in the other room, she comes in picking out several people who need to leave and said that the cops were gone. I said no, I do not want to drive, I do not want to leave, it's illegal, I don't want to do it. I know several people heard this. so I'm the first one who walks out the door and start getting yelled at by cops "mr. _____ wants everyone to leave" I said I don't want to drive, and they told me to leave. As soon as I began rolling back they start yelling at me to stop and get out and were screaming at me, I have only been taught to comply with cops and that's all I was doing, they were telling me to break the law, I did what I was being told. They asked how much I've had to drink I said 5-6 shots, and then they start shining lights in my car asking where the pot was!? I didn't have any on me, but they have me for a D W I now and paraphanilia. I blew I took sobriety tests, and was honest with them about everything, I wasn't trying to get on their bad side, "yes sir and no sir" is all I said the whole time. They found scales and a grinder some jars and I had 557 in cash on my person, not near any paraphanilia. So that looks bad, but when I buy my personal marijuana for consumption, not for selling, I weigh it out so I know im not getting ripped off, and I serve and deliver pizzas and had plans on buying a ps4 the next day which obviously didn't happen. So they were trying to get me as a dealer too but I shot that down, I'm in a mess and its fucked up, excuse my French but forreal? Anyone have any input? Advice? Stories similar? Idk, anything anyone can tell me would help me calm down and "not panic" as said above, lol thanks guys and gals. Stay safe out there...

Cj 12 months ago

Me and my friend where riding a motorcycle to gather I was not driving my friend was and he pulled in to a gas station he see the cop turn around he was speeding will he took off running and left me at the gas pump I turned around with the nosel to put gas in the bike and he was gone and the cop came I told him I wasnt driving i told him to go look for my friend but he gave me a dwi took me to jail

Got out on conditional release think I can fight it

I wasn't Evan on the bike

Sharon 11 months ago

I got a DWI a couple of days ago in the parking lot of a convenience store. I had not eaten in four days and was drinking beer in the parking lot. I did not drink beer before coming to the store. But someone called the cops on me becaue I got light headed and faint. The female cop that showed up said that she would take me home then a male cop showed up and did field sobriety tests on me and arrested me. I blew a .127.

Greg Jenkinson 10 months ago

The cop said 10 people assaulted me one with a pipe or club. I was choked unconcious,the cop arested no one i had not been driving my vehicle was legally parked and towed $200 to get the next day. The cop said I refused fst and I was taken and gave blood the cop transporting me I asked what was going on and he said he didn't know he was just doing what the other cop told him to do. I had .16bac and put in jail for 4 hours and I didn't void once and was released. The cop said I resisted arrest and he used minimal force. I did not resist.

Mike Retrospect profile image

Mike Retrospect 5 months ago from Austin, TX Author

Hello all!

I'm back! After a long (very long... very, very long) hiatus from this site, I have been notified that this blog post has moved sites, and has been doing quite well, so I have decided to return and answer as many questions as I can from the many distressed commentators listed here.

I look forward to hearing from you in the near future!

Patricia 4 months ago

Got a dwi in Wisco. Blew for preliminary, did not blow at station. Police never signed my refusal paperwork or dated it. How am I lookin?

Wonderfulmom 3 months ago

My sister got arrested for a DUI. She took took Adavain and drove. When she got home the police showed up, arrested her and took her to jail where they took a blood test. She got a lawyer. The lawyer told her recently to go into court and lie. To say she was also drinking and that he could get the drug charged dropped and it would be a regular DUI, which would have lower penalties. She thought he already had a plea bargain in place. Now he tells her the judge may decide to suspend her license for a year. She was horrified that the lawyer told her to lie. She has been so upset since the meeting with the lawyer that she hasn't been able to eat. She doesn't know what to do. Please advise!!!!!!!!!

Shshar 2 months ago

I got pulled over last Saturday arroud 3.40 am an blew over 130 n m a novice driver but 26 don't know what to do my court date is next month any advice please.

Jay 2 months ago

Hey. It's my first time in trouble with law. I hit someone car. Just messed up bumper. I blew over the limit. Also was caught speeding. I didn't go to jail just got booked, paid to leave and given a court date. I've started classes voluntary before my court date but I'm afraid I'm going to jail. Will I go to jail after my court date?

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Mike Retrospect 2 months ago from Austin, TX Author

Hi Patricia,

Thanks for the question. If you blew for the preliminary and were over, that's a done deal. It doesn't matter if you refused to do it at the station.

As far as the technicality about the signed paperwork, that would be something a lawyer would have to answer. I don't know the laws of that state in regards to how paper work should be filed, but most of the time those types of things won't get you off the hook. Unlike the movies, the judge has the power to overturn that if they so decide. If you're proven to be drunk while driving because you did blow into a breathalyzer device, then someone not dating the paperwork properly after you refuse a second breathalyzer test seems an unlikely way to get the case the dismissed. Again, ask your lawyer though. You'll need one no matter what at this point.

Mike Retrospect profile image

Mike Retrospect 2 months ago from Austin, TX Author


Fire that lawyer IMMEDIATELY! What he's asking you to do is commit perjury, and that's a felony. Bad news, get out as soon as you can.

Her license is going to be suspended no matter what, but she can get what's called an occupational drivers license which will allow her to drive during certain periods of the day for work, errands, etc...

Your sister, when asked why she changed lawyers, should definitely tell the judge the truth about what her previous lawyer was asking her to do.

Don't wait, run from that lawyer as fast as you can. He's not the one who will end up in jail for lying in court. She wasn't drinking alcohol. All they have to do is look at the blood test results to know that.

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Mike Retrospect 2 months ago from Austin, TX Author

Shshar ,

Like always, I'm assuming you did the field sobriety test on camera, and then blew into the breathalyzer and came up over the limit.

The best thing you can do here is take responsibility, and don't wait for them to tell you what to do as far as classes and retribution goes.

Go take a DWI class, go to AA, show them you're taking responsibility for the crime, and if it's your first DWI, don't worry - You're not going to jail. It's a misdemeanor, and they might even help with a plea bargain if you do what I said above.

Talk to your lawyer, ask him/her what the courts are going to make you do if you got convicted, and go do it - Right now. Don't wait for them to sentence you and order you to go. If you do it before you're required, it shows that you aren't a bad guy, you just made a mistake and are taking it seriously.

Unfortunately once you're on camera and you blow, it's kind of a slam dunk case for the prosecution, so the only thing you can hope for is leniency, or that your lawyer can get you off on a technicality. In the meantime, take those classes!

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Mike Retrospect 2 months ago from Austin, TX Author

Jay ,

Don't worry my friend. It's your first time in trouble, you didn't hurt anyone, and did minor damage to a vehicle.

If you only get charged with a DWI, it's a class B misdemeanor. It's a little worse than a speeding ticket at this level.

If you get charged with the other issues (hitting a parked car, etc...) that might be cause for a little harsher of a punishment. It depends on how they spin all that. If you're just charged with a DWI, you're not going to jail, but if you get multiple charges on top of that because of the accident that might be a different story.

Also something to consider is if you blew / took blood. If they didn't, then they can't prove "how" drunk you were, but if you did, and you blow over a certain limit, in some states that now carries a harsher penalty.

Need a little more info to give advice here, but basically, if you didn't blow, they didn't take blood, and you JUST get charged with a DWI, don't sweat it.

Terri 2 months ago

Hi mike

I'm a single mom 38 years old and just was issued 5 tickets last Wednesday one for Dui, Dui in a school zone , Careless, Reckless driving and going down a one way street. It was 10:35 pm at night, I just abruptly left a concert that night after having four lite beers in the parking lot before entering the start of the show, cause you know how insane the prices are in Jersey for any beverage and with the summer heat and the time I figured my boyfriend and I was in for 3 hours of sweating and concert strolling around In my mind I'd be alright by the time the show was over, boy was I way wrong, it was a nightmare. I had never imagined my boyfriend was going to be so hammered he completely turned into someone else, a crazy hot head who started flipping out on me. He thought I took his sun glasses then was enraged I had to leave from our seats to use the ladies room to tinkle. In the process he lost our tickets and darted towards the exit of the gate. Once you leave there is no reentry. I tried to stop him, as I found out you can't reason with a drunk. I did everything to get him to our car. Not having any time to call anyone to come meet us to help, since he was so angry and could cause harm if he continued to stumble in the middle of the street, I got him in our car. I just wanted to get him home. Well driving I dodged all the bottles in the parking lot, the mess of cars with limited driving clearance and got through all that. Once on the highway, he tried jumping out of our moving car!!! So I took an alternative highway which bought me to exit off the highway quicker. I was afraid of driving with him at 55 mph. Once we got off in the midst of driving he pulled my Emergency brake. I was scared, still driving and avoiding any collisions I kept driving fairly well considering what was going on inside the car. Then it happened, I was on a one way street. Thankfully street was empty unfortunately a cop was nearby observing. Flashing lights, yep pulled over. My boyfriend reaked of alchol and looked wasted. I was frazzled tried to be calm. Right away I was asked to step out of the car because the smell of alchol was so known to them. There must of been three cops. Two patrol cars. I was told to do a field test. I can't even walk heel to toe straight with zero alchol in me let alone four drinks and super sized stressed. Their led lights flashing all around. They said I did ok then did the flashlight test. They said alright well did you drink anything tonight. I said I had a few in a couple hour period of time. They said we think it's best we do a breathtaking test on you. With the high smell of alchol from the car and you went down a one way, we have the urge you most likely are intoxicated. I was always informed from people who went through this kind of nightmare never to refuse, it will only cause them to get pissed and right away the books will be thrown at you. I obeyed. They cuffed me then in their cruiser I went. They wouldn't let me pee and I almost wet myself. No suprise, I blew over a .08 ....I'm trying to get a public defender as I said I am a single mom

Not receiving any child support, I was laid off, unemployment ended so no income at all

I've been applying at jobs and submitting my resume out. Now this is going to screw my chances of obtaining a job , a few of those places must have a license and at that a decent one. I have been issued Reckless, Careless and Dui and Dui in a school zone. It was at night in the summer I never been in this town. A block away is an Elementary school. They made the tickets out so harshly

. Do I have any chances of having this dropped down and being in the zone during that time of night and the time of year school isn't even open? Does the judge and District Attorney empathize to the circumstances I was under? Being a single mom with no income? I'm freaking out thought trying to stay calm and hopeful. Any input is appreciated


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Mike Retrospect 2 months ago from Austin, TX Author


Well let me first say on a personal level, that I'm sorry for what happened to you. It sounds like a nightmare. I'm sure everything would have been fine had you not had a raging lunatic in your car sitting next to you. You probably would have had your wits about you and possibly would have made it home without incident.

Next, let me be terribly blunt with you about your situation - The cops, the judges, the District Attorney, none of them care about you, your situation, or what happened with you and your boyfriend that night. They don't make decisions to "help you out" based on the story of what led up to your DWI. They make decisions on the facts at hand. The facts are, you failed the field sobriety test on camera, and you blew over a .08. Whoever told you to never refuse is a complete moron and has absolutely no idea what they are talking about.

You politely tell the police that your lawyer informed you to never do a field sobriety test, and he/she also told you to not do any breathalyzer tests. If that means you go to jail, you go to jail. You're getting charged with a DWI whether you blow or not. The ONLY time you blow and do the tests is if you've had nothing to drink. Otherwise, politely refuse, go to jail, get out the next day, and deal with the case - a case mind you, that you're almost certain to win. Now, you have a case you'll almost certainly lose.

The good news is, it's your first offense! Yay! The worst that can happen is they'll plug you with a fine, you'll do some classes, and be on probation (or not) for a short amount of time. Don't worry. It's a class B misdemeanor, and you aren't the first person to get one. You won't be able to be a truck driver, but it won't keep you from getting any job.

All of your other questions are up to the DA or the lawyer. Your story is an unfortunate one, but they aren't going to show you leniency because your boyfriend was drunk too. You were driving over the legal limit and they can prove it. That's all that matters. What I believe you'll face is a plea bargain. They'll bargain you down, removing some of the other charges if you agree to take plead guilty to the DWI charge. I'm not a lawyer, so let me know if that's what they come up with, but I believe that's what will happen.

Everything else is case by case basis. Does your lawyer know the DA prosecuting the case? Are they friends, or mortal enemies? It isn't about what the judge says - They are just there to mediate and ensure everyone is playing fair. It's between the DA and your lawyer. "Could" it get dismissed? If the DA and your lawyer are high school buddies who's kids play in the same soccer league, then sure! Maybe he'll help you out because of your situation. Is that likely to happen? Hell no, but stranger things have happened.

Your income level and being a single mom won't help your case. The only thing being a single mom will help is if they decide to put you in jail or not, however, this offense wont' get you any jail time anyhow, so don't worry about that.

Sounds like they have a strong case against you, and unless your lawyer can find a weird technicality somewhere to get you off on, expect that you're going to have a DWI on your record unless the DA offers a different plea bargain. But again, don't let it ruin your life. Millions upon millions of Americans have them, and this being your first one isn't the end of the world. You'll have a hard time finding a job in the transportation industry, but unless you see "Taxi Cab Driver" or "Cross Country Trucker" in your future, you'll be just fine.

Mike Retrospect profile image

Mike Retrospect 2 months ago from Austin, TX Author


Well let me first say on a personal level, that I'm sorry for what happened to you. It sounds like a nightmare. I'm sure everything would have been fine had you not had a raging lunatic in your car sitting next to you. You probably would have had your wits about you and possibly would have made it home without incident.

Next, let me be terribly blunt with you about your situation - The cops, the judges, the District Attorney, none of them care about you, your situation, or what happened with you and your boyfriend that night. They don't make decisions to "help you out" based on the story of what led up to your DWI. They make decisions on the facts at hand. The facts are, you failed the field sobriety test on camera, and you blew over a .08. Whoever told you to never refuse is a complete moron and has absolutely no idea what they are talking about.

You politely tell the police that your lawyer informed you to never do a field sobriety test, and he/she also told you to not do any breathalyzer tests. If that means you go to jail, you go to jail. You're getting charged with a DWI whether you blow or not. The ONLY time you blow and do the tests is if you've had nothing to drink. Otherwise, politely refuse, go to jail, get out the next day, and deal with the case - a case mind you, that you're almost certain to win. Now, you have a case you'll almost certainly lose.

The good news is, it's your first offense! Yay! The worst that can happen is they'll plug you with a fine, you'll do some classes, and be on probation (or not) for a short amount of time. Don't worry. It's a class B misdemeanor, and you aren't the first person to get one. You won't be able to be a truck driver, but it won't keep you from getting any job.

All of your other questions are up to the DA or the lawyer. Your story is an unfortunate one, but they aren't going to show you leniency because your boyfriend was drunk too. You were driving over the legal limit and they can prove it. That's all that matters. What I believe you'll face is a plea bargain. They'll bargain you down, removing some of the other charges if you agree to take plead guilty to the DWI charge. I'm not a lawyer, so let me know if that's what they come up with, but I believe that's what will happen.

Everything else is case by case basis. Does your lawyer know the DA prosecuting the case? Are they friends, or mortal enemies? It isn't about what the judge says - They are just there to mediate and ensure everyone is playing fair. It's between the DA and your lawyer. "Could" it get dismissed? If the DA and your lawyer are high school buddies who's kids play in the same soccer league, then sure! Maybe he'll help you out because of your situation. Is that likely to happen? Hell no, but stranger things have happened.

Your income level and being a single mom won't help your case. The only thing being a single mom will help is if they decide to put you in jail or not, however, this offense wont' get you any jail time anyhow, so don't worry about that.

On to getting a public defender - This means that he's going to do the least amount of work to help you with your case. They don't get paid very well, and their cases loads are massive. Don't expect much from this guy. If you can somehow afford a lawyer, get one. Public defenders are going to come back to you with whatever the DA offers without doing much research about your case. You may want to write the DA a "WELL WRITTEN COMPREHENSIVE LETTER" about your situation, and perhaps ask that it get lessened down to what's called "obstruction of a highway". This, in the legal world means to anyone who sees that charge "You got a DWI, but ya'll somehow worked out a deal". But it's not a DWI on your record, so that's a good thing. You'll probably get denied, but it never hurts to try.

Sounds like they have a strong case against you, and unless your lawyer can find a weird technicality somewhere to get you off on, expect that you're going to have a DWI on your record unless the DA offers a different plea bargain. But again, don't let it ruin your life. Millions upon millions of Americans have them, and this being your first one isn't the end of the world. You'll have a hard time finding a job in the transportation industry, but unless you see "Taxi Cab Driver" or "Cross Country Trucker" in your future, you'll be just fine.

Michael 8 weeks ago

I got off work early (noon) and decided to do some irrigation work in my backyard, (I have a small landscape company) had maybe 6 beers while working. Had to run to the store for some parts and wasn't paying attention and got pulled over for 70 in a 55 by a Georgia State patrol around 6:30.

He asked me if I knew the reason for the stop - told him yes (speeding) he then asked if I had been drinking and I told him maybe 3 or 4 a couple of hours ago. He was a young officer maybe 25 , he asked if I would blow and I told him no, he asked why not and I told him " I'm not Drunk and I'm not going to let your little machine say I am" he then asked if I would do the field tests - I told him "yes would love to".

I did the tests messed up very little in my opinion (traffic was scaring me) and he was safe in the ditch while I was on a busy, loud street. He then asked me to sit on his bumper so he could do the eye test, I did what he told me and could tell he was pissed that I was refusing to blow and that I was doing well on the tests.

He then told me to scoot lower - I did - He then pushed me down lower and ripped my hat off my head and threw it on the hood - and it slid to the ground. He did the eye test and at the end I told him my eyes did not go to the back of my head, he then put the cuffs on, I asked "what evidence do you have to arrest me?" He said he had all he needs, and then read me the implied consent law and asked me to blow again which I refused.

During the ride I pointed out he was doing 65 in a 35 , tailgating in a construction zone "pushing" a van up to 50 in a 35 construction zone, got to the jail and he told the jailer he had a " real mother -ucker here " 3 times.

I did what the jailer told me, the jailer then asked me to blow and I told him after what the cop called me to just put me in my cell and leave me alone, which he did.

I was charged with speeding and "DUI SAFETY" - I got a lawyer and he got the refusal dismissed ( officer didn't show)

My lawyer told me that if the DA offered a good deal I should probably take it by what the officer wrote in his report and that I told my lawyer that I truly had 6 beers ( he don't drink at all) - was offered DUI WET and refused for the fact we hadn't gotten any video - and I was confident I would look sober...

Now we are told that there are "NO" tapes, no dash cam, body cam or audio ..

I feel that it should be an easy dismissal , but my lawyer isn't so sure - I told him there is no refusal (dismissed when cop didn't show) ,no breath test , or video to prove me DUI and it is only the cops word.. He said the DA might still try for a conviction on the Police report and Officers testimony..

Just wondering what your opinion is.

Thanks in advance: Michael

Jake Hughes 7 weeks ago

Got picked up for drunk driving in AZ, do you recommend even getting attorney? Pretty strict down here. Not sure what to do at this point and would hate to spend a lot on a lawyer for a done deal. Blew at the police station after being arrested.

Mike Retrospect profile image

Mike Retrospect 7 weeks ago from Austin, TX Author

Hey Michael,

Easy answer here. They have no case. Just because someone has a "report" doesn't mean a jury of your peers is going to convict you. No tape. No blow. No evidence. Just an officer saying that he thinks you may have been drinking, but, there's no real way to tell.

If your lawyer keeps telling you to take a plea bargain for anything less than a traffic violation, get rid of him. Plain and simple.

It's called innocent until proven guilty for a reason. The prosecution has to prove beyond a reasonable doubt that you were drunk. Without any evidence, there's no way to do that.

Hold out, say you're going to plead not guilty and take the case to trial. 2 things will happen.

1.) The prosecution will call your bluff and you'll go to trial - Again, with no evidence, they won't have a case. Not very likely.

2.) The prosecution will send a plea over to your lawyer to something of a lesser charge. Again, if it's not a traffic violation or something you can live with, threaten again to take it to court.

The problem with going to court, is even if you win, it's going to cost you a ton to have a lawyer do that. Your best bet is to settle for something of a lesser charge that won't hurt your record. It'll cost you less in the long run.

Oh, and stop being a dick to cops. Being "right" has nothing to do with how you act. Letting your pride get in the way will get you arrested every time. They don't need a valid reason to arrest you, regardless of what people think. At the time, cops can and will do whatever they want, no matter what you think or what you say. Being polite, and keeping quiet will always end better for you in the end.


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Mike Retrospect 7 weeks ago from Austin, TX Author

Hey Jake,

Always get a lawyer. There's more to it than just a conviction. You still need to negotiate the penalty. If you don't get a lawyer, you'll get the worst they can throw at you - Way more probation time, more classes, more fines, fees, etc... All this can be negotiated down, and even if you get convicted, there are things you can do right now to lessen the blow in the end.

Go take some DWI courses, go to a few AA meetings, take a DUI prevention course. All these things can show that you aren't just a drunk dude who doesn't care. It shows you're taking responsibility for your actions before you are REQUIRED to do so, and sometimes this can help lessen the penalty, or get the charge reduced altogether.

Having a lawyer will help negotiate all this. Without one, you're just going to get the book thrown at you.

InshockSara 4 weeks ago

Hi Michael, I got pulled over by a cop in NJ. Officer claims I failed the sobriety tests and arrested me for DWI. As I don't drink, i passed the breathalyzer test but was released out of jail after after 6 hours with a DWI and 6 other tickets because officer still believed i could be under the influence of other drugs. I consented to urine test which will prove i had no drugs in my system. I am innocent but i still have to spend $3,000 to defend myself. And these attorneys are telling me that breathalyser and urine test on my favor is still not good enough because the judge can use fst as reason enough to convict me. Can you give me any advice. I am literally falling apart over this. How can this happen to someone who does not drink or does drugs not even prescription or over the counter drugs. Any advice would be appreciated.

Betsy 3 weeks ago

I turned in the other lane at 2am and then got in right lane drove about 4 blocks then lights. So I pulled over in a parking lot. Next cop says do you know why I stopped you? I said no sir. Then he said you turned in the outer lane at the light. I said I always do it when I can is that Aginst the law? Then he said have you had anything to drink tonight? I didn't want to lie so I said yes sir. Then he asked me to get out the car. Then he asked me to blew in the machine. But couldn't blow long enough to get Reading so he called over another cop who then gave me the eye test. Then after that he asked me to walk. But I told him I couldn't do it due to having a foot surgery on my right foot. Then after I was took to the station where I was given 5 more blowing test at station witch due to my lungs couldn't blow long enough to get a reading. So then he did his paper work then took me to jail. Also he didn't put my seatbelt on me to the sation or jail. I got a layer because if I didn't it would be like I refused to do the blow test in court. Do I have a chance of getting out of the dwi?

Dawn 2 weeks ago

About a month ago i had a slight fender bender with a mini van in a mcdonalds drive thru. Neither vehicle had a mark, however the police were called. I didnt say anything to them. Nor did i take any test especially since i wasnt Asked to do so. This occured in baltimore city md. I was charged with driving on expired license, negligent driving n a dwi. I recieved fines cor two charges n am expecting a trial date for the dwi. My question is can i beat it

LD 10 days ago

Hey Mike,

First of all, these posts have been hugely helpful, so thanks for taking time out of your day to reply to us delinquents ;)

So, about a year ago, I attended a work-related function and had two pints of beer. It end ended around 9pm and I left to go get dinner. I was driving on 6th street in Austin and some ass-hat was parked in the right lane with his hazards on, and I needed to turned right, so I maneuvered around him. I guess the cop didn't like what he saw(I never ever saw him hiding out) and pulled out and started tailing me from a good distance(I didn't notice him behind me till he made his move). I was doing something stupid, and texting my girlfriend what my plans where while driving, and thus, probably a little distracted. The dash cam video shows the car swerving a little bit, nothing crazy but annoying nonetheless.

The cop finally pulls me over on east 7th, goes through the normal spiel and asks have I been drinking. I was honest and said 2 beers. He asks me to step out and we start the field sobriety test. My lawyer said my video is really good. I agree with him, I don't appear drunk at all(I didn't feel drunk). I had taken field sobriety tests in the passed and the officers had always let me go after that, was never asked to blow. This time I was, and I didn't know what to do, so I accepted(because I thought it'd prove my innocence. Well apparently I wasn't blowing correctly(lol) and he kept asking me to retry, finally gave up, and to my knowledge he hadn't gotten a read. I'm arrested and taken to jail, and they take my blood there. By the time it's finally taken, it's been an hour and half since I was pulled over. My blood turns out to be .1, and the cop says he got a "preliminary reading" from the field breath test of .08. I know there's a .02"buffer" and so my defense is that I may very well have not been over the limit while driving.

My lawyer has done a good job of drawing out this case.I 'm a little annoyed I'm still dealing with it over a year later. Prosecution first offered me a really shitty deal of DWI conviction, 18mo probation, 60 hours community service, 3mo interlock device installed. So we said we'd fight it. More time passed. The prosecutors finally offered me a new plea deal this week, but I'm not that happy with it. The charge would change from a DWI to a "obstruction of a highway" charge, but it still carries the same penalties. I'd have 18mo probation, 60 hours community service, and 3mo interlock device installed.

I'm trying to decide if I should take the crappy deal or continue to fight it. Is there a possibility that if I say I'm fighting it they could offer me a third and better deal at the last minute? In my mind, if the punishment is going to be the same, the only thing that's changing is the charge, why not try to fight for the chance to just make this all go away?

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Mike Retrospect 3 days ago from Austin, TX Author


Well, it sounds to me like we're missing a lot of the story here. It's going to be hard for me to give good advice if I don't know all the facts.

You don't get "6 other tickets" for doing nothing. A DWI is one offense. 6 other offenses tell me some other events happened during this one incident which would give the officers more reason to believe you were under the influence of something. They don't just hand out multitudes of tickets to someone refusing the field sobriety test and breathalyzer and asking to go to jail.

Long story short though, the urine test will hopefully come back clean, and you'll be able to use that in your defense. Again, you're saying here that the FST is something your attorney is telling you is going to not be in your favor - Another reason I feel not all the info is given here. What caused you to fail so miserably that it will hurt your case on the dash cam video and the FST?

Your terminology here is a little off. The judge doesn't normally overturn what your lawyer and the prosecution (District Attorney or DA) plea out as far as what your consequences go. So it's up to your lawyer and the DA to hash that out, not the judge. The judge looks at an overview of the case to ensure everyone is following what the law says they can and cannot do. They can overturn certain things if they feel the punishment in a plea deal doesn't fit the crime. If you go to trial, it's a jury of your peers that will convict you, not the judge. The judge at that point will pass sentencing.

Without all the details here, I can't really give that great of advice. My apologies on this one. It sounds you like did the immediate right thing, and you've got a lawyer. They probably have a better understanding of your case than me, and I would recommend you consult with them.

Mike Retrospect profile image

Mike Retrospect 3 days ago from Austin, TX Author


You always have a chance to get out of a DWI. There are so many deciding factors here. Legal technicalities, facts and evidence, the relationship between your lawyer and the prosecution, your past record, how the DA feels that day, how the judge feels that day, etc, etc...

All of the minor details like "the cop didn't put my seat belt on me when they take you to jail" is inconsequential. That won't help you in the least bit. The fact that you couldn't blow, couldn't do a FST, and there is nothing but you moving from one lane to another - to me it seems the prosecution doesn't have any evidence whatsoever to convict you of an actual DWI. you have a few choices here:

You can take a plea bargain. Sometimes good, sometimes bad. Depends on the plea and what you're willing to live with. In this case, anything more than "obstruction of a highway" would leave me puzzling. This choice usually costs less, and gets the entire ordeal over with sooner than later. If you're smart, you can get them to reduce the offense to some kind of traffic violation, do some community service, pay a small fine, and it'll be off your record in no time. You'll still have to plead guilty to something, but if that something is cheaper than going to trial, it's a better choice in the long run.

You can fight it all the way to trial. This is for folks who have loads of money, don't mind spending it to prove their innocence, and who don't want to take a plea bargain when they know they've done nothing wrong. Our legal system is rigged all the way, Betsy. If you've got money, you can fight things and win. If you don't, the system makes it really hard for the little guy to actually win, and a plea bargain to something lesser is normally what happens in cases like this. You see, the DA doesn't want to just drop cases. This says the judicial system is broken, the legal system has flaws, the cops were wrong in arresting you, and now they have to just let everything go. If they can't get you for the "big offense" they still want to show it as a "win" for them by getting you to say you're guilty of something lesser, just to make it go away.

Que Cera. It's your choice how far you want to take it, but point blank - If the prosecution has no evidence of you drinking, no video evidence showing you to be inebriated, and nothing but the word of some cop who says you might have been drinking, maybe... You have a pretty good shot at making it go away - If you've got the money.

Mike Retrospect profile image

Mike Retrospect 3 days ago from Austin, TX Author


Unfortunately I really don't have enough information about the incident here to give much advice. Check out my last few comments to the last couple readers, and you'll get a good idea of what options are available to you.

If you really didn't say anything to the cops, took no FST, and gave them no reason you had been drinking, you shouldn't have gotten arrested for a DWI. Perhaps the DL being expired got you put in the car, unless you gave them another reason to think you'd been drinking, cops don't just slap more charges on for things you didn't do, unless you piss them off. In my experience, this is normally the case. People act inebriated, piss off the cops, refuse to comply or do anything asked of them, and they'll basically say you must be drunk because, why would this person not comply with anything I ask and act the way they are acting?

You'll have to review the video with your lawyer and see how you actually acted that day. If you're clean on tape, gave the cops no reason to take you to jail other than the expired DL, and didn't blow or give blood, you're in the clear. If not, then you might need to work something out with your lawyer and the DA.

Mike Retrospect profile image

Mike Retrospect 3 days ago from Austin, TX Author

Hi LD,

Great information and lots for me to go on. I can answer this with a quick resounding answer.


A DWI conviction sucks. It never, ever goes away. If you can get out of this without being convicted of the crime, do it. If this goes to trial, you'll lose my friend. You blew a .1. That's all the jury needs to know. The .2 variance is something that lawyers can hash out all they want, and yes, have people gotten off before because of it? Sure. Does it happen often? No. Absolutely not. Don't let your future rely on that cruddy "what if".

Now onto the longer answer - Try to get your lawyer to go back with other alternatives to the plea. The breathalyzer thing sounds like overkill. try to get that taken off the deal. It sounds like the prosecution basically knows they could probably win this case, and with the info provided, I would agree with them. This is pretty much what you get if you get convicted of a DWI. In your case, the only difference is, it's not a conviction. For them to even offer this is an amazing testament to your lawyer. Perhaps the DA has a large case load right now and doesn't want to deal with your case anymore, maybe your lawyer and the prosecution have a good relationship, who knows. But for them to lessen the charge to something else when they have good evidence you had been drinking is a good sign.

I'd recommend pushing the envelope a little bit and see if your lawyer can get some of this taken down a bit, but I wouldn't expect miracles, and I wouldn't expect them to come back with a lesser agreement that is going to blow your mind.

Understand this: You did break the law, and if they wanted to, they could just say no to any plea deal and go for an all out conviction. Allowing you the opportunity to take the punishment without it affecting the rest of your life negatively is a great thing, and one thing that I was never afforded in my experiences with the law.

Count your blessings, work on the deal some, and take your lumps. It's gonna suck for 18 months going to silly probation appointments, and 60 hours community service is no fun, but having a life time DWI conviction on your record is much worse.

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