I got a DUI last night...

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OCGuy

Lifer
Jul 12, 2000
27,224
36
91
Its not a motor vehicle, so it isnt the same as a regular DUI. You do not need a license to ride a bicycle.
 

waffleironhead

Diamond Member
Aug 10, 2005
6,938
455
136
Originally posted by: Rebasxer
To everyone that's telling me to get a lawyer, thanks for the advice but I've been on that since this morning. One of my buddies might know someone on the county bar and my friends with experience in the local courts are already helping me find someone that can try and get this reduced. Does anyone know what actually constitutes being arrested? I was cuffed and taken to the station but I was never read my rights...so did I actually get arrested?

I'm not sure why it matters to you, but in the event you were arrested and not read your rights, all that happens is they can not use anything you said after that point against you. It does not make the incident any less valid.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Rebasxer
Yea I failed the field sobriety test but refused a breathalyzer...

First...(in hindsight)...I recommend refusing the FST. The absolute only reason for these today is mainly to provide video footage in court. Most people will do very poorly on these tests esp. when it's late, they are tired/scared and usually have bright lights shined at them along with bystanders / rubber neckers gawking.

I was shown a video by an attorney I was thinking about retaining showing about 50 or so people doing field sides. The object was to determine who was drunk vs who was sober. The average voting showed most would think the average sober person was drunk more times than the average drunk was.

In my FST I was placed on the double yellow line between two traffic lanes while the cops stood on the side of the road giving instructions I could barely hear. It was very windy and cars were visibly flying past me during the whole process. You could see me dodging one during the video that one cop commented on "holy crap he almost got hit"

Anyway the reason I failed was I thought the cop asked me to stay the ABC's backwards. I did and it was recorded on video barely and on his write up perfectly 4 times. He didn't know I was saying them backwards and wrote down on the report basically I don't know my ABC's and must be drunk.

I thought I had passed the tests. I did the nose thing...the foot in front of foot walking the line thing, etc all pretty well. It was during my foot in front of foot thing I had to jump out of the way of a car though.

They called me back over and as I was talking to the main cop the other came up behind me and said there would be one last test and then I could go on with my night.

He said place both my hands behind my head and hold very still, I thought this was just him fucking with me so I did it...I had a really weird feeling about it at the time thinking since these two knew my ex-g/f now I was going to get beat up since they didn't get me for drinking and driving.

He took my one hand and cuffed it, then the other and then threw me in the car as if I was hostile. They then talked to my ex for 20 mins or so off camera and when they came back on they were both laughing.

I could have sued, but it would require me winning the DUI case which I'd more than likely lose due to my breath test at the station about 2 hours after I was stopped. The amount of BAL I blew was simply impossible for what I drank and how I was handling myself.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: tyler811
I do not think it is funny, I think your an idiot. You could have wandered into a car path and been killed. Worst yet the occupants of the car could have been killed hitting a tree after swerving to miss your dumbass. Suck it up and dont be a little bitch about it. Take you punishment like an adult though it seems you cannot make decisions like an adult.


rose.gif
Acemac

This is funny, your rose goes to someone that was intoxicated while walking around.

Is he guilty too?
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: alkemyst
In my FST I was placed on the double yellow line between two traffic lanes while the cops stood on the side of the road giving instructions I could barely hear. It was very windy and cars were visibly flying past me during the whole process. You could see me dodging one during the video that one cop commented on "holy crap he almost got hit"

Do you really think anyone is going to believe this?
 

imported_Imp

Diamond Member
Dec 20, 2005
9,148
0
0
Originally posted by: Ocguy31
Its not a motor vehicle, so it isnt the same as a regular DUI. You do not need a license to ride a bicycle.

Ya, that's a stickler. Around here, bikes are suppose to follow the exact same rules of the road. If you roll through a stop sign, they could stick some demerit points on your license. If you don't have a license, they just give you a nice ticket to fight for 2 years.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: nsafreak
Originally posted by: schizoid77
So can you get a DUI for walking drunk and falling down near a street?

Nope but you can get sighted for public intoxication.

unless you have keys to a car in your pocket.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: tyler811
Originally posted by: Steve
Originally posted by: tyler811
I do not think it is funny, I think your an idiot. You could have wandered into a car path and been killed. Worst yet the occupants of the car could have been killed hitting a tree after swerving to miss your dumbass. Suck it up and dont be a little bitch about it. Take you punishment like an adult though it seems you cannot make decisions like an adult.


rose.gif
Acemac

A sober cyclist could have easily done the same thing, I see/have enough near misses going to and from work every day. And what does Acemcmac have to do with any of this?

Drunk driver killed Acemac. This wingnut could have killed someone by wandering into the path of a car. Dont tell me it happens all the time. I ride a bike 6 miles a day. I am careful and respect of cars. Being drunk dulls your senses and impairs your judgement. There is reason what so ever to drink and drive any thing.

but Acemcmac walking through a crosswalk while drinking....so you are saying he is guilty too?
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: minendo
Get a lawyer. Refusal of a breathalyzer generally results in automatic suspension of your license. In my state, refusal to submit to a breathalyzer or blood test is automatic 1 year suspension.

Yes automatic, but also much easier reversed if you can fight it.
 

OCGuy

Lifer
Jul 12, 2000
27,224
36
91
Originally posted by: alkemyst
Originally posted by: nsafreak
Originally posted by: schizoid77
So can you get a DUI for walking drunk and falling down near a street?

Nope but you can get sighted for public intoxication.

unless you have keys to a car in your pocket.

What? Having keys to a car in your pocket wont get you a DUI walking around lol. wtf?
 

rise

Diamond Member
Dec 13, 2004
9,116
46
91
Originally posted by: alkemyst
Originally posted by: nsafreak
Originally posted by: schizoid77
So can you get a DUI for walking drunk and falling down near a street?

Nope but you can get sighted for public intoxication.

unless you have keys to a car in your pocket.
what difference does that make?
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Ocguy31
Its not a motor vehicle, so it isnt the same as a regular DUI. You do not need a license to ride a bicycle.

What does licensing have to do with it. DUI/DWI is a separate court system. There is no due process, etc. It's all being drunk based.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: waffleironhead
Originally posted by: Rebasxer
To everyone that's telling me to get a lawyer, thanks for the advice but I've been on that since this morning. One of my buddies might know someone on the county bar and my friends with experience in the local courts are already helping me find someone that can try and get this reduced. Does anyone know what actually constitutes being arrested? I was cuffed and taken to the station but I was never read my rights...so did I actually get arrested?

I'm not sure why it matters to you, but in the event you were arrested and not read your rights, all that happens is they can not use anything you said after that point against you. It does not make the incident any less valid.

DUI law is not federal courts though, it's a separate entity.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: mugs
Originally posted by: alkemyst
In my FST I was placed on the double yellow line between two traffic lanes while the cops stood on the side of the road giving instructions I could barely hear. It was very windy and cars were visibly flying past me during the whole process. You could see me dodging one during the video that one cop commented on "holy crap he almost got hit"

Do you really think anyone is going to believe this?

probably not, but it was on MY video, which unfortunately I don't have a right to get.

You have been obviously fooled by the system though.

 

OCGuy

Lifer
Jul 12, 2000
27,224
36
91
Originally posted by: alkemyst
Originally posted by: Ocguy31
Its not a motor vehicle, so it isnt the same as a regular DUI. You do not need a license to ride a bicycle.

What does licensing have to do with it. DUI/DWI is a separate court system. There is no due process, etc. It's all being drunk based.

What? There is no due process? I have had a DUI. Its a state law, the same as violating any other state law. They have to prove that:

A. You were over the legal limit

and

B. That you were operating a vehicle



 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: alkemyst
Originally posted by: mugs
Originally posted by: alkemyst
In my FST I was placed on the double yellow line between two traffic lanes while the cops stood on the side of the road giving instructions I could barely hear. It was very windy and cars were visibly flying past me during the whole process. You could see me dodging one during the video that one cop commented on "holy crap he almost got hit"

Do you really think anyone is going to believe this?

probably not, but it was on MY video, which unfortunately I don't have a right to get.

You have been obviously fooled by the system though.

I've been fooled by the system because I don't believe some guy on the Internet who claims cops made him do a field sobriety test in the middle of the street with cars driving by in each direction? I don't think you know what a fool is.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Ocguy31
Originally posted by: alkemyst
Originally posted by: nsafreak
Originally posted by: schizoid77
So can you get a DUI for walking drunk and falling down near a street?

Nope but you can get sighted for public intoxication.

unless you have keys to a car in your pocket.

What? Having keys to a car in your pocket wont get you a DUI walking around lol. wtf?

OH yes it will...if your car is anywhere near you even if you have no intention on driving.

If you are sleeping in your car while drunk, even in the backseat: dui

If you go out to your car while drunk: dui

If you are around your car in your own driveway while drunk: dui

If you are drunk at a party and your car is outside: dui

all the above have happened in DUI law.

You simply do not understand the law. Much like the stupid Patriot Act that got passed to save us from terrorism.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: rise
Originally posted by: alkemyst
Originally posted by: nsafreak
Originally posted by: schizoid77
So can you get a DUI for walking drunk and falling down near a street?

Nope but you can get sighted for public intoxication.

unless you have keys to a car in your pocket.
what difference does that make?

because with keys you can be cited for DUI and not just a simple public intox.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Ocguy31
Originally posted by: alkemyst
Originally posted by: Ocguy31
Its not a motor vehicle, so it isnt the same as a regular DUI. You do not need a license to ride a bicycle.

What does licensing have to do with it. DUI/DWI is a separate court system. There is no due process, etc. It's all being drunk based.

What? There is no due process? I have had a DUI. Its a state law, the same as violating any other state law. They have to prove that:

A. You were over the legal limit

and

B. That you were operating a vehicle

and you are guilty before being proven innocent.

B is not a requirement. Many are arrested that were never driving.

A is based on blood in your breathe...a faulty test. You do have a right to ask for a blood test which if you truly feel your are innocent you should request.

blood in one's breath is not a standard thing and can really screw up the testing.

Also there is no proven method that an alcohol level affects everyone equally. Some can be screwed up at .0x while others just trucking along at .1x.

You are obviously unqualified to comment. I suggest you research this though and not just go off whatever meeting or person told you about the problems of DUI's
 

rise

Diamond Member
Dec 13, 2004
9,116
46
91
Originally posted by: alkemyst
Originally posted by: rise
Originally posted by: alkemyst
Originally posted by: nsafreak
Originally posted by: schizoid77
So can you get a DUI for walking drunk and falling down near a street?

Nope but you can get sighted for public intoxication.

unless you have keys to a car in your pocket.
what difference does that make?

because with keys you can not be cited for DUI and not just a simple public intox.

what???
 

Bill Brasky

Diamond Member
May 18, 2006
4,324
1
0
Originally posted by: alkemyst
Originally posted by: Ocguy31
Originally posted by: alkemyst
Originally posted by: nsafreak
Originally posted by: schizoid77
So can you get a DUI for walking drunk and falling down near a street?

Nope but you can get sighted for public intoxication.

unless you have keys to a car in your pocket.

What? Having keys to a car in your pocket wont get you a DUI walking around lol. wtf?

OH yes it will...if your car is anywhere near you even if you have no intention on driving.

If you are sleeping in your car while drunk, even in the backseat: dui

If you go out to your car while drunk: dui

If you are around your car in your own driveway while drunk: dui

If you are drunk at a party and your car is outside: dui

all the above have happened in DUI law.

You simply do not understand the law. Much like the stupid Patriot Act that got passed to save us from terrorism.

That doesn't make any sense. How do a couple hundred thousand people tailgate every weekend and not get dui's?
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: mugs
I've been fooled by the system because I don't believe some guy on the Internet who claims cops made him do a field sobriety test in the middle of the street with cars driving by in each direction? I don't think you know what a fool is.

what the fuck was I supposed to do? I refuse I get arrested. I was trying to just get out of the situation.

Another guy in my same DUI class was a big lawyer actually fighting this thing. He was a defense lawyer from New York. He was arrested in his own driveway while washing his corvette. He was proven DUI and his car taken. It was auctioned and one of the cops he went to court against won it.

They ALWAYS ask you in the classes how much as DUI cost you...he put up 6 figures. He was over the rest of the class combined.
 

rise

Diamond Member
Dec 13, 2004
9,116
46
91
btw alkemst, i got pc'd leaving a bar, car keys and all. my car was actually right around the corner, though so was my house. it didn't matter. you have to be in the drivers seat with the car running.

stop the bs.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: rise
Originally posted by: alkemyst
Originally posted by: rise
Originally posted by: alkemyst
Originally posted by: nsafreak
Originally posted by: schizoid77
So can you get a DUI for walking drunk and falling down near a street?

Nope but you can get sighted for public intoxication.

unless you have keys to a car in your pocket.
what difference does that make?

because with keys you can not be cited for DUI and not just a simple public intox.

what???

i fixed it.
 

duragezic

Lifer
Oct 11, 1999
11,234
4
81
Originally posted by: TridenTBoy3555
Originally posted by: Eeezee
Originally posted by: TridenTBoy3555
Hope you go to jail, bye! :)

All of the responses like this obviously read the title but not the post. He was on a damn bicycle!

No, I read the whole thread. I just want him to go to jail for being a dumbass.
If that is the case then you should have been in jail a while ago.