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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.

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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!


Louis G Duclos on August 15, 2020:

I've emailed the prosecutor in my DWI case. We did not talk about the ALS . She offered me a bad deal. So I hired an attorney for $4000 dollars. I never mention to him that I emailed the prosecutor. He sent me a letter that he'd be able to win the ALS Hearing, and he said that the prosecutor would agree for the continuance of the ALS hearing, this was it. I did not know that he was talking to the prosecutor.

The next thing my lawyer did was send me a deal from the prosecutor the next day. It was the same deal that she offered me without mentioning the ALS hearing. She kept this silent. But my lawyer adviced me to take her bad deal and she would cancel the ALS. My lawyer told me that the court won't let me talk about the ALS, but how come the prosecutor can use the ALS to get me to agree to her bad deal ? I told my lawyer this, and I sent him the email from the prosecutor of the deal to me before I hired him right off the bat. He sent me a letter and he was going to cut my price down from $4000 to $2000 but I have to agree to the plea. I think this is wrong ! So I emailed him again and thanked him, but I asked him if he could win the ALS hearing like he said to me, and I would not go with her deal. I'm disabled Veteran and the V.A. pays me for my disablety. I can't really talk, I slurr all the time, and this is what the cop said. The cop did not say anything about my mental or physical health, but I told them that I was disabled.I showed him my V.A. ID card that says this, also. I told my lawyer that my 2 advocates that I've been seeing for 10 years would tell the court that I slurr all the time, and that my fellow workers would say the same thing, also. My lawyer knows that I know the prosecutor relied on the ALS to get me to agree to her bad deal. My lawyer knows that the court won't let me say any thing about the ALS findings or the prosecutor using the ALS as leverage to get me to agree to her bad deal. Should I fire this lawyer, he has not gotten back with me since he was going to cut the price down, and I sent him emails that now I know about the prosecutor talking to him, in silent. That she did not only agree to the continuance on the ALS hearing, but she offered him to cancel the ALS if I agreed to her bad deal.

Danny H on November 27, 2019:

I was pulled over for a front Head light out, officer did usual thing.. insurance drivers license.. He didn't get behind me on time to see where I came from.. a small club . So he asked me and I answered honestly cause I wasn't drunk.. at all, I drank 1 bottle of beer and took 3 drinks of a second and we left. So I did the roadside antics and actually done good considering I'm 60 years old bad knees and arthritis in back and toes and both feet. I asked for the field breath alyzer.. I blew a .34.. I told him that's absurd.. totally wrong. He arrested me and went to jail he said that the high dollar state certified and calibrated computerized intoxilyzer would verify I'm legally drunk. So I blew first time a .01.. he says "hmm".. blow again.. 2nd time blew .02.. he said his field blow thing must be bad.. so he said blow again.. 3rd time was a .02. so he talked to his buddies came back and said blow again.. 4th time was .02.. he said blow again.. .02.. by this time he's highly irritated.. they said let him go.. he was gonna take me home.. but he comes back in the little room irritated ads says 'theeres something about you I don't like.. your eyes aten acting right so he says "I'm gonna write this up as DUI/drug!! He asked me to take a blood test, I have a needle phobia so I asked for a urine test or hair text.. he said no.. I asked to be taken to hospital and put under to take blood. He said no..

sorry for long post..

Now what can I expect

John on June 20, 2019:

Wow. First very interesting article, but a little misleading about you increasing your chances of getting off by refusing to comply with either the field sobriety test or breathalyzer. Once you do that you are going to jail. Period. And you are going to loose your license for a period of time between 3 to 9 months regardless of the outcome of your case. And once they take your jail if the police officer is so inclined to get a dwi case against you and knows you are drunk he will and can now get a judge to sign a warrant to take your blood. So now you are screwed, if you are drunk you have a good chance of losing your case and you will loose your license no matter what. Obviously the best solution is don't drink and drive. Because Uber or Lyft so inexpensive compared to anything else (and were probably not as available when this article was written but taxis were) just get a Uber and get your car the next day. Even a tow cost for leaving your car if that happens is less than anything involving the police pulling you over. It is not worth the risk.

And lets examine if you do drink and drive and something far worse happens. Someone else is also driving bad and you run into that person or swerve to avoid that person and hit and kill a the person in the other car or pedestrian. Your life is now changed for ever for the worse and could spend many years in jail and live with guilt and fear for the rest of your life and loose your children and spouse.

Now to the second point. The comments from the readers in this article are so amazingly imbecilic and shows exactly who still drinks and drives and makes choices completely revolved around themselves and pleasing themselves. Regardless of the circumstances they degrade society. If you still drink and drive get help. You have a drinking problem. Being sober in the long run is such a better life and so much more rewarding. Do not be ashamed of getting help. If you honestly work the AA program it will work.

Bob on June 20, 2019:

Very thorough article and I think you covered everything, except one thing and if I missed it I apologize as I read it very quickly. While refusing to take the breathalyzer will help increase your chances of being found not guilty or helping your lawyer work a better deal for you in almost all states you are now going to loose your license for a minimum of anywhere to 3 to 9 months depending on the state for refusing to take the breathalyzer regardless if your found guilty, not guilty or anything in between.

Stephen Kirkbride on April 12, 2019:

I've never been stopped for a dui my first one i was sitting in my truck no keys in the egnition second one i was asleep off the road and was arrested

Johnny on April 03, 2019:

I was pulled over in Arkansas for not coming to a complete stop at a sign. I had had a drink after work, but had only been off work for an hour and a half. They took me to their police department to blow (.107) but did not charge me with DWI. They instead gave me a citation for “drinking in public” and released me. Although I had the right to contest the results with a blood test, I didn’t because I wasn’t being charged with DWI. HOWEVER...two weeks later, they changed the charge to DWI.

Can they do that?

Mike Retrospect (author) from Austin, TX on March 11, 2019:

I got all my stuff for my DWI printed at

Dennis Woody/Powers on December 23, 2018:

Take it to trial, represent self, if you get a second appeal trial that won't increase your penalty. Then cross examine the police offending officer/trooper who made the stop and_either demand the video's full content; if edited and shows bias. Object to the use as 'exhibit/evidence; if it's not shown in entirety. While representing yourself you get to ask the officer/ trooper questions that a paid lawyer may not attempt to levy against the offending official. Questions like; 'how many arrests_sustained and how many resulted in convictions or un-prosecuted. Ask the "witness_officer to tell his version of events and then match them to the video; that's usually edited or turned off at the crucial moments when the officer/trooper fails to inform you of your legal Rights during the intervention. Things that the offending officer/trooper does not have to disclose due to Union bargaining agreements that make all personal information, regarding the Offending police, part of the personal records and is protected by the Privacy-Act. Not even Internal Affairs have the powers to crack this "Blue-Wall-Of-Silence;" and added protections. At trial the offending police has to answer [all] of your question; unless the DA's Office attorneys object to the premise. This way the police officer/ trooper can get caught in a perjury trap for lying under-oath. and falsifying an arrest report. This also backs up the court dockets and cost the state and county money in back-log. This will also implicate the DA's office for failing to address the offending police, and for not protecting your Rights against a "Brady-Cop;" a cop that lies and can't be trusted by the DA's office; to take the stand against arrestees. Paid lawyer follow the court etiquette; We don't! We can't ask what questions we deem suitable; like how many false arrests, lying underneath violations he has on record. He/she has to disclose them at your trial; not at his federal Civil Rights Abuse trial. Ask the trooper how's his home life and what daily frustrations he bring to work. All of this goes on a public "trial transcript =" that's accessible by the public and can be used against the offending officer in claims of 'abuse of powers' and falsifying arrest reports: Violation of Due Process etc. This is [all] a money-scam to generate income for the systemic corrupt politicians and bureaucrats; as explained above. We can't beat the system , but we can damn sure make it harder to for "them" to take advantage of _us. Then sue the police department and the state's prosecutors and and judge that maliciously prosecuted you. The State's Attorney will band-over backwards to get you to take a plea agreement that deprives you of your voting privileges and your Right to a fair Trial by a fair and competent lawyer; usually under qualified lawyers that are in collusion with this systemic. setae sponsored abuse of powers and injudicious court proceedings that fead and nourishes the patterns and practices that _we "The People" must [all] use "Whatever Means Necessary" to end! Video Surveillance Cameras don't lie. The Law is written in "Black & White; No Gray Areas… As In Freddy Gray! "Tax-payer purchased, federal government mandated 'Video Cameras Failed To Protect Freddy Gray. Prosecutors failed to enforce the Video Camera policies that may have saved Gray's life. Take the justice system to task; especially if it's your first encounter and there's a do-over when appealing the case; no increase risk of penalty. Ask all the questions that may be protected by the personnel records law. They can't hide behind their Rights of self incrimination. The States persecutors will bring a lll the force and intimidation to prevent a trial; even threaten a stiffer penalty. Damn them! Protect Your Right to cross examinee the witness as you would your Right to Vote and be heard. Don't just be herded-in! That's What they (the bureaucrats) expect. cross examining an offending officer/trooper is empowering and humbling sat thew same time. Power to the people/. You Got The Power! Now Use-it! Jury Trial your Honor! Please!

Mrsnurse6 on August 08, 2018:

Was charged with dwi refused breath test. They did blood tests and gave me copy of paperwork in which my birthdate is listed incorrectly. Could this work in my favor

Kim carey on April 07, 2018:

I was charged for a 3rd dwi, but never was charged for a 2 dwi in LA i did not blow and was not pulled over is that legal my understanding was to get a felony 3rd you have to be charged with a 1,2 dwi.

Sam on February 27, 2018:

A police officer in Wisconsin stopped me because he thought I was the other owner of the vehicle ( a male, I'm female) . the males licensed is revoked, but I needed a cosigner to finance the vehicle. So he does not drive it. I was very calm, and collective. I did have Few drinks, but I wasn't speeding and was obeying the laws of the road. After I told him I left work, he said he smelt a hint of marijuana, which was 100% false. He asked me to get out, and I complied. I truly thought I was fine. He then asked me if I was drinking. He did the f.s.t. and I blew. I knew I shouldn't have, but I honestly thought I was okay. It was also cold out (WI in Feb)) so I was shaking during the heel to toe and the balancing. I did blow a .11. And when they put me in the car, they started searching my vehicle, was that legal?? I did NOT give consent. And when we got to the station, I was a .09 and he took my car key which I had to come the next day to get. This is my first offense

Something about the entire stop seemed wrong. Am I crazy?

Lori on February 20, 2018:

This is a great article. My husband was pulled over in his work truck...20 minutes after a meeting with his boss and 15 minutes down the road from said meeting. He doesn't even remember much of the arrest. He did refuse the breathalyzer, but failed the sobriety tests. knocked over a mailbox, swerving so much a good Samaritan called it in (which I'm thankful for). Then, an hour after his arrest the sheriff calls me with his bail amount and is, in his words "shocked at how coherent and sober he looks as opposed how intoxicated he looked when he came in a half an hour ago." Oh yeah, did I mention that he was not intoxicated, but having a seizure? Hopefully our lawyer can get this thrown out.

Regina on January 03, 2018:

How is it possible to get convicted of First time Operating while intoxicated when breathalyzer read .06 & no video of the physical sobriety test?

Musk on December 31, 2017:

Dude. How can you say your BAC was actually 0.05 lower if it took an hour to administer the test? If anything, it would actually have been higher when you were driving. Come on man! If you blow a 0.14 and haven’t consumed alcohol in an hour, it was certainly higher an hour ago. Here’s some good advice. Don’t drink and drive. If you do, you are in fact a criminal, and could kill someone.

eder sosa on November 18, 2017:

I was pulled over my alcohol level was 1.0 I know the limit is .8% I was over by .2% is there a chance I can get the charges dropped or reduced

holy on October 10, 2017:

my husband recently was pulled over and charged wit fdui and promoting prison contrabamd the officer at the time did not take any bllood ar urine or feild annallasys or did he recieve any with in 72 hrs so csn thet b throwed out

Neil on August 26, 2017:

Mine was a case of one-time DUI (Class-B Misdemeanor) with two charges: (1) Alcohol Related Reckless Driving, and (2) Negligent Collision.

My question, can charge no. 2 (that is, Negligent Collision) which I got under DUI, will be considered as OTHER MISDEMEANORS?

CBP website says, "if you have multiple convictions for DUI and/or OTHER MISDEMEANORS, you could be denied entry or need a waiver of inadmissibility to enter."

Will negligent collision be treated as other misdemeanors???

Jen on August 21, 2017:

Awesome read I am waiting for a bond for someone right now

Mary Perez on July 29, 2017:

I convicted. Dwi did not or take a blood test but blew 1 he later when I was in jail and trusted the jailer because I use to work with her

Rocky zee on July 29, 2017:

I went threw 2 road blocks. Everything went fine in the first 1 second one i got stopped and arressed for DWI. I work at a bar and smelt like alcohol and refused breath analysts. What are my chances of it being dismissed?

misty larson/ New Mexico on June 28, 2017:

Explained to the tee! All about Money, and if u don't have it, u better find a way to get it!

Robert Orzechowski on June 14, 2017:

I went to a store to get alchoul but I was already intoxicated. They wouldnt sell me it. I went off some and they called the police. Not sure if I blew or not. They said to leave my car there and said to wait 24 hours to get it. The manager told my ride I was barred from the store. But I talked them into not towing my car. Wasnt arrested. But after about 2 hour I got my neighbor to take me get my car. Since I live about 5 blocks or so from store I drove it and didnt see any police. Not sure how much longer it was but police knocked at door and all windows. I did not answer. So Im on supervision for a dui and they inhanced my Probation to 2 years even thou in Indiana they can do that now. I did over a year on probation. My questions are. Will my supervision person find this out? Not suure why police came to house.. Dont think they seen me drive. Thought it was they wanted me to keep car their 24 hours. 2nd question can they come back and arrest me for if they did see me drive. Also can I be barred from the store even if I didnt sign a thing or remember? If so would that be a trasspassing. .I just worry mostly if the instadently goes over to my supervision guy. But no tickets or warning tickets was given. those are my 3 questions if you could help

cheryl on March 12, 2017:

I was arrested for a dui, the pink paper they give u for the dmv hearing has a section marked : surrender license, no lic etc.. and then says refuse test, results of blowing .08____, blood test ___.

Theres nothing marked here?? I did blow I think atleast 3 times he had me blow, but he didn't mark nothing in this section?? Can this make a difference at the hearing? with my case in general?? thanks

Also, I was wearing high heals and he wouldn't let me take them off to do the field tests??

John on March 02, 2017:

From my research, he is right to refuse all field sobriety tests, including the roadside preliminary alcohol screening ( breathalyzer at roadside). These tests basically give the police "probable cause" to arrest you for DUI. But in many states with "Implied Consent" you are required to take a chemical test after being arrestd- either blood or breath. This will be given to you at the police station. Refusing this one is pointless in some states.

Tif on February 22, 2017:

I recently was pulled over for a DUI. Was asked to take a field Sobriety test and agreed to. I found constantly losing my balance and failed the eye test. I refused to do the breathalyzer. I was friendly. Now after speaking to an attorney and I regret taking the field Sobriety test due to medical history. I have planters fishy -itis hypothyroidism which makes me very sensitive to cold. It was very cold out. I am overweight and dont have good balance. also I have a neck injury. I am also adhd. All factors now I realize that would make it hard for me to pass a field Sobriety test. Well my medical factors help possibly in my case?

Beth on January 21, 2017:

I was arrested on Tuesday night after a pickup truck did an illegal turn in front of me for suspicion of duo, I refused to give blood so they got a court order and 5 plus hours after the accident they drew my blood. Results aren't back. They have my license but my license is not yet suspended that will be 40 days from my arrest. Can I rent a car?

Company isEnterprise

Bonnie on December 30, 2016:

My son got his first dui in September

The police took him to the hospital for blood work

He hit another car with minimal damage

I went to court the next morning and took him straight to the airport to go to a rehab

He has finished inpatient and out patient and is now in a halfway house

He is working 2 jobs and goes to aa meetings everyday

He has a great sponsor

He has not been back to court yet

The next date is January 11 th

The gave him a public defender

Do u think I should hire a outside lawyer

Would that help get rid of the dui

He is residing in Florida now

linda knox on October 31, 2016:

Given that the record that i have showing up whenever my background check is carried out is from a time i was really young and stupid,but that was over 19 years ago,i sort for all types of help to prove am a different person entirely,including changing my name,didn't help,till i met a top dog of a human resource firm who informed me of a ground of ethical elite hackers who were able to help remove my records from the jurisdiction they originate to everywhere they ever existed was totally removed from my records,it was like a dream come reality,i was able to get a job a qualify for without my past hurting me ,if your case is in anyway related to this,i suggest you contact hackhemp(AT)gmail(DOT)com ,they are professional and dependable,you can thank me later,am sure we all make mistakes and for that we deserve a second chance.

BD on October 23, 2016:

Hi Mike,

I got pulled over for OWI at Indiana yesterday morning at 4:30 am .

I did the field sobriety test and then took a breath test. Then I was taken to a hospital and a blood test was taken and bac was .23 . Then I was taken to jail and was there for 8 hours. Then I paid a bond of $1500 and came out. I have the court date in 3 weeks.

My friends also had the same amount of drink I had but their breath test was less. I do not know how mine was so high.

Are there any chances to reduce the OWI to any other charges. Also will I be locked up in jail again ?

Do I have to have an attorney present for the initial court appearance.

I regret for making that mistake. Just want to know is there any way I can get rid of jail sentence and switch on my record.

Please advise.

Mike Retrospect (author) from Austin, TX on October 19, 2016:

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.

Mike Retrospect (author) from Austin, TX on October 19, 2016:


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 (author) from Austin, TX on October 19, 2016:


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 (author) from Austin, TX on October 19, 2016:


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.

LD on October 13, 2016:

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?

Dawn on October 07, 2016:

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

Betsy on September 25, 2016:

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?

InshockSara on September 21, 2016:

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.

Mike Retrospect (author) from Austin, TX on September 02, 2016:

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.

Mike Retrospect (author) from Austin, TX on September 02, 2016:

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.


Jake Hughes on September 01, 2016:

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.

Michael on August 27, 2016:

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

Mike Retrospect (author) from Austin, TX on August 04, 2016:


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.

Mike Retrospect (author) from Austin, TX on August 04, 2016:


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.

Terri on August 04, 2016:

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


Mike Retrospect (author) from Austin, TX on August 03, 2016:

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.

Mike Retrospect (author) from Austin, TX on August 03, 2016:

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!

Mike Retrospect (author) from Austin, TX on August 03, 2016:


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.

Mike Retrospect (author) from Austin, TX on August 03, 2016:

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.

Jay on August 02, 2016:

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?

Shshar on July 28, 2016:

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.

Wonderfulmom on July 01, 2016:

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!!!!!!!!!

Patricia on June 01, 2016:

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?

Mike Retrospect (author) from Austin, TX on May 25, 2016:

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!

Greg Jenkinson on November 29, 2015:

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.

Sharon on October 29, 2015:

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.

Cj on October 06, 2015:

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

Trey on June 12, 2015:

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...

Johnny Shi on April 21, 2015:

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.

Abe on March 07, 2015:

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.

Johnd58 on August 02, 2014:

Normally I do not read post on blogs, but I wish to say that this writeup very compelled me to try and do it! Your writing style has been surprised me. Thanks, quite great article. fgafkbebbgkd

Cindy on July 30, 2014:

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.

Pharmb328 on April 23, 2014:

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

Steven Teran from West Hempstead, New York on December 11, 2013:

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.

AVS on November 30, 2013:

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.

Bri on November 07, 2013:


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!

dbg on October 13, 2012:

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?????????

Jason on June 22, 2012:

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!

Joshua on June 18, 2012:

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.

Lana on May 30, 2012:

I'm in Florida(((

Ian on May 30, 2012:

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 on May 28, 2012:

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.

ChefJenn on May 16, 2012:

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.

mark on May 10, 2012:

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.

ryan on May 09, 2012:

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?

Justin on May 01, 2012:

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?

Mar on April 27, 2012:

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...

Chris on April 26, 2012:

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.

corbin on April 19, 2012:

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

mike n Florida on April 18, 2012:

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

Anonymous on April 17, 2012:

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.

Talk talk on April 14, 2012:

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

Me on April 14, 2012:

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?

Alan on April 08, 2012:

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..

BAC07TX on April 06, 2012:

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.

quenton on April 05, 2012:

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.

EN on April 03, 2012:

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.

Jerrod Platero from Albuquerque, New Mexico on April 02, 2012:

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

mjweinkauf on April 02, 2012:

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...

lane on March 30, 2012:

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

Goethe725 on March 29, 2012:

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!

Almost FREE!! on March 26, 2012:

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!!!

Roulet on March 26, 2012:

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.

DMW on March 25, 2012:

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

flor on March 25, 2012:

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!

matt on March 22, 2012:

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!

lol on March 19, 2012:

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.

andrea on March 19, 2012:

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

Adelaide on March 04, 2012:

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.

LonnieMay on March 03, 2012:

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!

mary on February 27, 2012:

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?