DUIs

[SCFinfan]

Has anyone here ever been arrest for DUI/DWI or a cognate offense (such as DUAC, UBAL, OVI, etc)?

Please, tell me what your experience was like, what you thought the police officer did correctly or incorrectly, and how you felt treated by the whole situation.

[Landshark]

I've never been arrested for anything.  Did you just get arrested for one, or are you defending someone against one?

[Dave Gray]

I have not had one.  I hear conflicting stories about how best to handle it.

I have heard that if you feel like you might be over the limit that you should not blow under any circumstances.

[SCFinfan]

[...] or are you defending someone against one?

Quite the opposite.

[Landshark]

Quite the opposite.

You're prosecuting one?  If so, you can expect the defendant's attorney (if he/she hires one) to grill the arresting officer and make sure the equipment was working, had been properly tested, etc......  Just trying to think like a lawyer. 

I have heard that if you feel like you might be over the limit that you should not blow under any circumstances.

A colleague once mentioned that to me.  He said that you'll automatically lose your license, but then they have no evidence to prove you were legally drunk so they have no case.

[SCFinfan]

You're prosecuting one?  If so, you can expect the defendant's attorney (if he/she hires one) to grill the arresting officer and make sure the equipment was working, had been properly tested, etc......  Just trying to think like a lawyer. 

A colleague once mentioned that to me.  He said that you'll automatically lose your license, but then they have no evidence to prove you were legally drunk so they have no case.

I appreciate your comments, etc, and I'm aware of how to prosecute - I have won a number of DUIs. I'm just trying to find out what it felt like to be arrested from a defendant's perspective. Generally, I am aware that people react badly to being arrested for DUI - either anger or sadness (typified by crying) however; what I'm trying to find out is whether or not, after cool reflection, people believe that they were correctly arrested, treated well by the LEO, in general, what the whole experience is like, etc?

[dolphins4life]

The one benefit about not being able to consume alcohol is that I don't have to worrry about being charged with one.

[masterfins]

I appreciate your comments, etc, and I'm aware of how to prosecute - I have won a number of DUIs. I'm just trying to find out what it felt like to be arrested from a defendant's perspective. Generally, I am aware that people react badly to being arrested for DUI - either anger or sadness (typified by crying) however; what I'm trying to find out is whether or not, after cool reflection, people believe that they were correctly arrested, treated well by the LEO, in general, what the whole experience is like, etc?

As for the persons reaction, I believe it would depend on the type of person they are to begin with.  There are happy drunks and there are mean drunks.

[TonyB0D]

I got one.  3 years ago coming home from watching the MNF jets @ dolphins game.  I wasn't drunk at all (I have a stupendous tolerance), passed the road tests, but I blew like one tenth over the limit. 

I was singled out because it was a cop who used to break our balls in high school....10 years later had the chance to actually get me in trouble for something and he took it.

In NJ if you refuse to blow you are charged under the CRIMINAL statute (DUI is under the motor vehicle statute)....you lose a LOT more by refusing to blow.

[CF DolFan]

I appreciate your comments, etc, and I'm aware of how to prosecute - I have won a number of DUIs. I'm just trying to find out what it felt like to be arrested from a defendant's perspective. Generally, I am aware that people react badly to being arrested for DUI - either anger or sadness (typified by crying) however; what I'm trying to find out is whether or not, after cool reflection, people believe that they were correctly arrested, treated well by the LEO, in general, what the whole experience is like, etc?

I've been fortunate to never get one. Most of my driving under the influence was when I was young and the local police either overlooked or handled it as they did with the other kids around town.  With that said there are three people in my immediate family that have them and numerous other relatives and friends.

While some people are really the exception, for the most part I don't think most people are remorse or think their experience was beneficial.  The average adult who is arrested for something like this is more likely to portray the "victim". It's the reason people are selfish enough to drink and drive anyway. "I'm good enough to drive because I can handle more than what the law says I can."

In my experience it's always the other people's fault for why anyone get's into trouble. For the few that don't see it that way are the ones to rise above getting into more trouble or difficult times.

[bsmooth]

I have not had one.  I hear conflicting stories about how best to handle it.

I have heard that if you feel like you might be over the limit that you should not blow under any circumstances.

That is a bad rumor to follow. Due to implied consent, you will get into trouble in every state if you refuse to comply. http://blogs.findlaw.com/blotter/2012/05/can-you-refuse-a-breathalyzer-test.html

[Phishfan]

That is a bad rumor to follow. Due to implied consent, you will get into trouble in every state if you refuse to comply. http://blogs.findlaw.com/blotter/2012/05/can-you-refuse-a-breathalyzer-test.html

Yes, you get in trouble regardless but in Florida it is a civil thing (driver's license suspended but ability for work permits) rather than criminal (still loss of driver's license, criminal record, extra expenses).

It is a matter of your personal decision. FYI, I beleive that a second refusal to blow in Florida becomes a criminal offense.

[MyGodWearsAHoodie]

The advice I have heard is if it you get pulled over for DUI for the most part you are better off blowing.  If there was a death involved you should absolutely refused. 

This is based on NY law and penalities, could vary from state to state.

[Denver_Bronco]

I was charged with dui once because i asked the cop why he pulled me over when he asked me to take a breathalyzer. I never refused - just asked him why i was pulled over. I won an administrative law hearing at dmv when the cop couldnt justify any reason for pulling me over. He additionally stated he never smelled alcohol or saw any signs i'd been drinking (which i hadnt been). The criminal court then dropped the dui charge - still costed me about 3 grand which was pretty awesome and took about 6 months

[Landshark]

I was charged with dui once because i asked the cop why he pulled me over when he asked me to take a breathalyzer. I never refused - just asked him why i was pulled over. I won an administrative law hearing at dmv when the cop couldnt justify any reason for pulling me over. He additionally stated he never smelled alcohol or saw any signs i'd been drinking (which i hadnt been). The criminal court then dropped the dui charge - still costed me about 3 grand which was pretty awesome and took about 6 months

You dodged a bullet there.