I got arrested last night for DUI.?

Larry

Dear Miloicecream,

Please, don't let all the negative responses, you have received thus far, get you down. There may be options, e.g., the blood alcohol reading may not even be admissible. The State must prove, the breathalyzer was properly calibrated, and the test was properly conducted. The State, must also prove the police officer, who conducted the test, was properly trained.

Devices or substances, used to calibrate the breathalyzer, may also be subject to calibration standards, or freshness standards. Anything, you may have said to the police officer, may not be admissible, because you were not given the proper warnings. Also, were any field sobriety tests conducted. Do the field sobriety tests, if any, corroborate the breathalyzer reading?

Does you University, provide any legal services for their students? Representation by a competent attorney is essential. However, it is equally important, the client be well informed.

You University library, should have an annotated copy of the statute, you were charged with. The annotations following the statute, will briefly summarize various higher court decisions on appeals. These rulings, are binding on the lower courts. I recommend, you read the annotations carefully. If you see something, that may apply to your case, the librarian can direct you, to where you can find the full text of the decision.

Please Note: I am not familiar with Australian law per se. However, Australian law and the laws of the States of the U.S., have a common law heritage and tradition. Therefore, parallels are to be expected, when it comes to rules of evidence, and standards of proof.

Please, don't hesitate to contact me, if you have any questions, or if I can be of any further assistance.

I wish you the best,

Larry

jessica c

hope you have a good lawyer. in the end it is up to you whether you accept a drink from someone else. next time take your own drinks and unless you seeit opened from the bottle/cans dont drink it.

powhound

Maybe.

But, you would know if you weren't feeling right, and you are the "responsible one" that downed a beer (underage - in the US) and proceeded to drink questionable party drinks...which I'm sure if you paid attention the drunks were probably downing as well.

No excuses.

whatthe!!!

Well since you are admitting to being at a party where you did consume 1 beer you're pretty much screwed. Its very hard to prove that you did not know alcohol was in the beverage you were being served, but you can try. Since your BAC was so high they will make the argument that you should have known you were drunk. Also remember since you are a minor any amount of alcohol in your system constitutes a DUI even if it is below the legal limit. The legal limit only applies to people of age.

Now that I know your from Australia, I don't know what to tell you. That previous mentioned applies to United States laws.

Geoff C

Yes it would help if your BAC was like .001 or something but if you didnt realize you were drinking something with booze in it after 7 drinks and a BAC of .115 they will just say you were lying.

at that level you are very impaired and you should at least know you have had something to drink so I dont think that excuse will fly.

alwaysmoose

It being your first offense will definitely help. I'm surprised you don't know what alcohol tastes like though.

sharkgirl

there's not really much you can do...you will be charged regardless. You'll probably lose your license. You shouldn't believe what other people tell and you are also underage so shouldn't have even had the one beer

Felani Perez

Go to jail where all drunk drivers belong!

Glenn T

Gee, someone put poison in my drink. Even though I didn't put it there, am I still going to die? I have NEVER had a drink where I couldn't taste the alcohol. But hey, the way the let people off the hook for drinking and driving, I'm sure you will be back on the road, drinking and driving soon. So don't sweat it.

Angela J

Get a lawyer. Penalties vary from state to state but I believe you will loss your license.

I hope that you and your friends learn from this and do not drink and drive again.

winn13dap00h

well u would have to find a away to prove that the punch had alcohol in it maybe u should ask someone who was there to go as a witness or write a statement for your lawyer

ZORCH

Get a bicycle. You are probably doomed for sure. If you are "under-age" and tested that high, they will throw the book at you. And stories about spiked punch go over as well as stories about space aliens. They have heard it all and believe none of it. Sorry for the bad news, but your license is undoubtedly gone and they will probably sentence you to one of those awful and pointless "classes". At your expense.

And if your friends told you the punch was non-alcoholic and you tested 0.115, I would get some new friends. And let the old ones know what their "friendship" cost you.

sweet redhead!

Sorry lovie but you may loose your licence and get a fine dui is very common so they are crackin down on it especially with red p platers.

Raven

I hope they take your licenses......so what you haven't had a fine....you fcked up now....blah, blah, blah..you can make up all the excuse you want .....you still fcked up ....and difference between all those other under-aged teens who have drank is they didn't get caught...

Robert C

You need to throw yourself on the mercy of the court.

Seriously, your excuse about not knowing the punch was spiked is not going to fly. It does not fly with me and certainly will not fly with the judge.

How can you possibly expect to say that you did not know you were drinking...when your BAC was .115. That is way beyond the feeling you would get from the one beer you admit to having.

My advice is to call a DUI attorney. It will cost you a bit up front, but a good attorney can save you a lot in the long run.

Good luck.

john_r

You are to be congratulated. You are one of many "Dumb-
asses" to go to court and blame another!!!!

Sorry for your bad timing!

] Stupid is as Stupid does!!!!

If you were to be the designated driver, you were also supposed to be understand that another might "spike" the punch!!!!

Tough break for you! It will not be apparent to outsiders that you were prepared to "stay capable" of driving. Sorry you were too stupid to bring your own beverage.

Kellogg's Fruit Loop

here in America, they put minors in jail for DUI, up to 1 year. and suspend their license until they turn 21.

you can tell whatever you like to the judge, and you can even tell the judge that story. it might tick off the judge, because you are not accepting any responsibility, and whoever the judge may be, may give you a harsh punishment.

you can try and fight it, but it won't work because you tested for alcohol and failed.

FYI, minors who drink before they are 21 end up growing up with social problems, and end up becoming a troubled person.

good luck.

raichasays

Depending on where you live, you might be offered a plea agreement that puts you in an alcohol education and diversion program, fines you, and makes you perform community service. You would also have your license suspended.

You do need a lawyer. You don't say whether you have even told your parents about this, but they will have to be involved. Either they can hire a lawyer now, or you can have one appointed by the court if your family cannot afford a lawyer.

The story about the punch probably won't get you very far. At .115, you should have been feeling a pretty strong buzz. Even if you thought that was from just one beer, you knew you had some alcohol and that buzz should have told you something. You didn't listen.

sambucca

if you are telling the truth i would assume you have a chance

Lola M

CONGRATS!

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