You know? I hadn't thought of that, but maybe, right?

Eh...in any case, it doesn't matter now. Like someone pointed out, what's done is done. I just hate it for Josiah, and I hope everything works out for the best for all involved.

 

The "implied consent" thing is what shot you in the foot.

Good luck dude, you're gonna need it.

 

what post?

 

that sucks josiah. in HS the cop told us to refuse the test and you have a much better change of getting off. and as everyone says hire a good lawyer that specializes in your kind of case. i got a wreckless driving a few years back, for your insurance its considered as bad as a DUI, but i spent $1000 just to get rid of it which is worth it, my insurance would of gone thru the roof. your still under 25 so your insurance will suck if you do not get rid of this so spend money and get the best lawyer to help you out and hope that you can get rid of this. good luck, i hope you the best

 

Damn, sorry to hear this J. Good luck with everything, i know this is a really tough time and your mind has got to be racing. Decisions are made, and **** happens...the next few months are going to be a rough road. If there's anything i can do let me know.

I agree with MT, i would not be posting about this on the internet.

 

I agree 100%, but I still feel people take drunk driving too lightly.

If two beers gives you .08, wouldn't three or four give you .13? We don't know what the OP's level was.

I haven't. I have too much respect for your life. I'm not saying I haven't had drink with dinner and drove after, but not after any too many, ever. And when I do get caught breaking the law, I just accept the penalty, I knew I was speeding, no sense in trying to get out of it.

No, you're lucky you didn't kill anyone.

No one, that's why I wished him well if he was not intoxicated. Funny how you missed that part. We have the law to determine if he was driving drunk.


And I know 120 lb girls that could drink us both under the table, what's your point?

You're kidding, right? No one has the right to put my life at risk, that's why DUI is illegal. The OP doesn't sound like he is taking responsibility, sounds like he is looking for a way to get out of taking responsibility.

 

Why would you refuse the test?

 

Same here. It's amusing to read all the crap that some people type on here.

The police had probable cause to search the vehicle for 1. A passenger with a warrant, and 2. Open alcohol. End of discussion on that issue.

Not sure if we're getting all of the story, but I'd suspect the police have a different version. It's EXTREMELY easy to tell is someone has "had a few" during a traffic stop. Sounds like the police could tell as well. They asked you for sobriety tests, you refused, you got arrested for DUI, then refused the chemical test. I'm assuming the police then got a lawful search warrant for your blood, of which a judge/magistrate will not sign unless they feel there is enough probable cause to believe you may be intoxicated.

My advice to you is to get a lawyer and try to get a plea deal. If it's your first offense it shouldn't be too hard to plea to a lesser charge of some sort. This is assuming that your blood comes back from the lab showing over the limit.

 

Just got off work. This has been one of the worst 24 hours I've ever spent inside this body of mine. I absolutely accept responsibility and this will severely affect the decisions I make in the future but I am going to exercise my rights. My stomach is in knots of regret, tough to be positive as it is so please, don't assist in my misery.

That said, thanks a ton for the support. I am going to talk to a lawyer in the next 2 days.

Some people have conflicting answers with other posters. For instance, I am still wondering if the cop had a right to open my door and grab my insurance/registration when I clearly asked him not to (this was way before I was placed in cuffs). They did not search my truck until they placed me in cuffs. THAT is when they found the open container.

Lastly, I still do not know for certain if they can take my blood without my consent. I said no to every test, he said well you have to either take a breath test or a blood test, which will it be. I said clearly, "Are you saying I have no choice?". He said very distinctly I had no choice. I felt like they were molesting the rights afforded to me.

If they went about one thing incorrectly I am fairly sure I have a good shot in court. My luck there are no videos in any one of the 6 cop cars they brought.

The friends are coming over and we are going to go over the scenario together. This will keep the memories fresh in our minds, maybe having 3 witnesses will also help when I have my day. I will delete my posts before I go to court.

 

"This has been one of the worst 24 hours I've ever spent inside this body of mine. I absolutely accept responsibility but I am going to exercise my rights. My stomach is in knots of regret, tough to be positive as it is so please, don't assist in my misery."

--Just think of how bad you would be feeling right now if you'd killed somebody. How about learn from your mistake and deal with what is coming to you?

Crooked cops? I really think that the police have better things to do than to frame just a poor innocent guy for DUI.

Man up, deal with it, and never do it again.

Also, saying you're going to accept responsibility and in the same sentence talking about fighting this to the bitter end pretty much cancel each other out.

 

You can't delete the ones people qoute you on!
Just so you know.

 

"This has been one of the worst 24 hours I've ever spent inside this body of mine. I absolutely accept responsibility but I am going to exercise my rights. My stomach is in knots of regret, tough to be positive as it is so please, don't assist in my misery."

--Just think of how bad you would be feeling right now if you'd killed somebody. How about learn from your mistake and deal with what is coming to you?

Crooked cops? I really think that the police have better things to do than to frame just a poor innocent guy for DUI.

Man up, deal with it, and never do it again.

Also, saying you're going to accept responsibility and in the same sentence talking about fighting this to the bitter end pretty much cancel each other out.

 

That's what I was told in HS, and in defensive driving.

If you haven't already, google "avoiding a dui" or something like that. You will get a bunch of hits. I just read one article. How To Avoid & Beat The DUI/DWI. It said avoid all the tests, like you did.

Good luck man. Keep us posted. I'm sure a mod could delete this thread for you when you're ready. They are pretty cool most of the time.

 

My advice to you is to get a lawyer and get used to walking, good luck.

 

As has been stated, the guy doesn't need the brow-beating sermons right now. He admitted the mistake and is trying to deal with it to the best of his ability. I'm sure he's gone through all the "what ifs" in his head 1000 times before you came along and joined up apparently just to bust the guys stones. Nice...