2nd DUI - New Info

[MsJAnonymous]

What is the name of your state (only U.S. law)? Texas

I may have posted about this before, and if so, I apologize. This happened to my dear friend who I would like to help, but don't know if he is in over his head on this one..

He is in retail and had been working long hard days.

He ate a sandwich at about 10am and had 4 slices of pizza for dinner at about 3pm. He was watching tv, primarily the NFL games all day and part of the UT game in the evening. He then left my apartment at about 9;30pm and went to a bar called Dad's where I had 3 Crown and Cokes.

He left the bar about 12:45am and was on my way home when he noticed a police car on the right side of the road and he followed him for awhile before pulling him over. The officer said he had been speeding and that also went off the side of the road and that is why he pulled him over. The office, asked for his driver's lisence and insurance cards which he had both. He then had him get out of my vehicle and asked him to take a breath test, which was refused. He gave him an eye test which he thought he passed and then the officer had him do the walking test in which the officer felt he could not pass and arrested me for dwi. He was nervous, it was 46 degrees and the sport jersey he was wearing is very thin. The placed him in two hand cuffs, to make him comfortable, and placed him in the rear of his car. The officer waited for the wrecker service to get his car and then started to transport him to jail.

He asked if he could call his friend so he could make arrangements to get him out of jail and he responded, "If you can get your phone out of your pocket". He reached around his body and got his cell phone out of his left front pocket and placed a call to his friend and told him he had been arrested because the officer thought he was drunk. He was taken to jail and processed and was then released about 11am with a bond. His friend picked him up, took him to the Bails Bond office where he signed paperwork and then we went to get his car out of impound. He was home by 1:30pm.

This has a prvious dui from 2002, this making it his second.


I don't think he can beat it myself seeing as what he drank and how he talks about how tired he was .....

any thoughts?

 

[Indiana Filer]

He ate a sandwich at about 10am and had 4 slices of pizza for dinner at about 3pm. He was watching tv, primarily the NFL games all day and part of the UT game in the evening. He then left my apartment at about 9;30pm and went to a bar called Dad's where I had 3 Crown and Cokes.

How did your "friend" get drunk when "you" had the 3 Crown and Cokes? Just admit it's you.

Most intoxicated people think they pass the FSTs when they haven't really done well at all. To me, it sounds like a good arrest by the police. Good job by them.

 

[FlyingRon]

Being tired doesn't mitigate anything.
Claiming you only had three crown and cokes doesn't mitigate things and is further indication that you were quite possibly intoxicated. The so-called legal limit is only the per se limit, which means they presume you are intoxicated there not that you are not intoxicated at a lower level. 3 80 proof 1 1/4 shot drinks will put an 180 pound man over the per se limit, so you're just further incriminating yourself. There's probably more alcohol. The standard amount of alcohol in a bar drink has increased from a jigger (1 1/2 ounces) to more like 1 3/4 or more over the years.

Notwithstanding the DUI, the refusal is pretty serious in its own right.

You are in serious need of an attorney rather than us armchair "lawyers"

 

[MsJAnonymous]

Hello

I can assure you it is not me. I copied the information as it was sent to me and tried to delete the names and use "him or his" where applicable to make it flow.....apparently I missed a few. I have never and will never drink and drive.


This is truly about a friend of mine who made a really stupid move...again.

He is a friend and this is his second offense with a dui. I want to be there for him and help him, but at the same time I know he is going to fight the dui. He would go to a local bar, drink some and then drive home and would claim that it was only a 1/2 mile away. He would also go to the local liquor store about block or two from his home and buy a 6 pack and while driving back, would start to drink one while he had me on the phone.

I told him that he needed to stop that, he already had a convinction and that he could hurt someone or himself. He seems to think because he is 6'4 and 240 pounds he can handle a lot of alcohol. I think it's bs. I went on to tell him that he aldready had a dui and the police can pull you over a mile away or a foot away from your house....and to stop the whole thing.

I know he legally doesn't have to take the breathalizer but if he thinks he wasn't drunk, then why not take it and prove it and be done with it....

I am glad no one got hurt but I hope that he gets a SERIOUS wake up call because apparently his first one didn't do the trick.

Again, I want to help him, but I don't know what he will be up against other than horrible judgement. I can't believe this...again.

 

[MsJAnonymous]

How did your "friend" get drunk when "you" had the 3 Crown and Cokes? Just admit it's you.

I am not the one who drank and drove. I took the info I received, took out the names and tried to put "his or him" where they fit. I missed a few things apparently. I have flaws, but drinking and driving stupidity aren't one of them


Most intoxicated people think they pass the FSTs when they haven't really done well at all. To me, it sounds like a good arrest by the police. Good job by them.

I agree with you on this. He's my friend and I love him dearly, but if he was stupid enough to do this again, he should get thrown in jail. He needs to wake up. God, I can't believe how many people he could have hurt...including himself.

 

[MsJAnonymous]

Being tired doesn't mitigate anything.
Claiming you only had three crown and cokes doesn't mitigate things and is further indication that you were quite possibly intoxicated. The so-called legal limit is only the per se limit, which means they presume you are intoxicated there not that you are not intoxicated at a lower level. 3 80 proof 1 1/4 shot drinks will put an 180 pound man over the per se limit, so you're just further incriminating yourself. There's probably more alcohol. The standard amount of alcohol in a bar drink has increased from a jigger (1 1/2 ounces) to more like 1 3/4 or more over the years.

Notwithstanding the DUI, the refusal is pretty serious in its own right.

You are in serious need of an attorney rather than us armchair "lawyers"

I also think the refusal is a BIG indication that he had infact been intoxicated. Common sense suggests that if he was pulled over, knew he wasn't intoxicated, wouldn't it just be logical to take the breathalizer to prove his own innocence? I mean, really, there's not that much to it...and by not doing it, I see guilt.

He is getting an attorney I believe, to fight the charges. They have no breathalizer and no sample was given. I'm sure he thinks they won't be able to prove anything. While I don't wish a DUI on anyone, I dont' want to see him get out of it so easily that he doesn't get the seriousness of it....again.

 

[FlyingRon]

I told him that he needed to stop that, he already had a convinction and that he could hurt someone or himself. He seems to think because he is 6'4 and 240 pounds he can handle a lot of alcohol. I think it's bs.

It is. In addition to being a criminal, he appears to be an alcoholic.

I know he legally doesn't have to take the breathalizer but if he thinks he wasn't drunk, then why not take it and prove it and be done with it....

Refusing he test is itself a crime.

He needs both a lawyer and counselling on his alcoholism.

 

[MsJAnonymous]

He likes to dirnk wine to help him sleep. He can EASILY drink 1/2 a bottle to a full one, in a night. The more I write this out, the more I see he is in more trouble than I anticipated. And what is more frightening he is going to fight this claiming how little he had to drink (in his mind) and that he was tired and cold...that's why he did poorly in the field tests.