DWI Lawyer recommendations..

Before you jump to conclusions, I'm asking to get some names for a friend. Really.
I do not condone drinking & driving in any way. However, I just had a close friend who got pulled during the Booze It & Loose It campaign. She blew a .1 (legal limit is .08) at the checkpoint, got taken downtown and blew a .07 there (under legal limit). I really believe her when she said she only had a few beers hours before driving and she questions the accuracy of the checkpoint's breathalyzer test... Anyway, just trying to get some recommendations for her on how to handle the situation she's faced with now. She's from out of town so I said I'd see what I could do to help. Feel free to post or just PM me any information you think may be beneficial... Thanks!

 

I'm sure there are going to be A LOT of folks with that same story. Bottom line is she blew above the legal limit. What stinks is that I'm sure she realizes now she needed to wait a little longer before driving. 30 more minutes may have made a difference so it's a good lesson for anyone to exaggerate the time they think they need before getting behind the wheel, which can be a PITA if you want to leave some place, but will be worth it in the end. Good luck to her.

 

Never blow...ever. Even if you think you're fine.

 

:iagree::iagree:

 

Why not, so you can go to the hospital and get blood drawn?

.10 is not just a few beers. Sorry. Neither is .07 an hour later.

No lawyer advice, my only advice is to not drink and drive.

 

... as long as you're willing to have your license suspended for a year. Page 27 of the driver's handbook:

http://www.ncdot.org/download/dmv/handbooks_NCDL_English.pdf

 

:cheers:

 

:lol:

 

First thing a Lawyer is going to tell you is important, and that is the SECOND blow is the one that will convict you of DWI. The first is usually higher, esp if the person has just had a drink in the past half hour or so due to the presence of mouth alchohol, and its NOT the one that gets you convicted.

To be honest, your friend is not going to be convicted of DWI. A .1 is in fact, a few beers (which varies a bit by BW) if its done a short time after drinking (mouth alchohol). With even the worst attorney money can buy, she isnt getting a DUI.

 

That is sad if true. Gives drinkers confidence they can drink and drive. It is best to never drink and drive. It is too late when you kill yourself or even worse if others are killed or injured.

 

"she said she only had a few beers hours before driving"

1.) HOURS plural is NOT a "short" time. 2.) It doesn't take a brain surgeon to figure out the first reading on field breathalizer will be higher (unless you drink another on the way to the pokie!).

 

I am betting his friend was fudging about how long it had been since her last drink. The Breathalizer is lower for metabolization, but the reason the second one is the one that sticks, is once mouth alchohol is gone, there tends to be a substantial drop in the reading. If, with a .1 including the mouth alchohol is what she blew, she simply had not had enough to drink to be impaired (at least not legally).

I dont think its ever a good idea to drink and drive, but all the same the there is a reason there are two readings taken, and the second one is the one that matters, and in this case, not a DUI.

 

And fudging how many was actually consumed. It takes an average female about four beers in an hour to attain .10, then one hourly to maintain it.

 

That's some fast drinking.

 

especially for a chick 8)

 

unless you are playing a drinking game? :lol:

 

:roll:

 

:lol::lol:

HUSH.

 

And that's just an average, it could have been more beers over a longer amount of time, fact is - it wasn't just a few beers. And everybody's tolerance and drinking habits are different, some people would be fall down, some drunk, some tipsy, and others might not feel any effect @ the legal limit. One might not feel drunk after drinking a 12 pack and feel OK to drive, but a Horizontal Gaze Nystagmus test is going to prompt a breathalyzer. If you refuse you have two choices: get blood drawn or go right to jail.

 

What's written in books and what happens IRL are two different things. Remember, it's a money game to them.

Yep. You process 4 oz of alcohol an hour. The longer you prolong being tested, the better off you are. They can't just drive you to the hospital and test you. They have to get a warrant, which takes time. Then your attorney is going to have a field day with the calibration of equipment, chain of custody, etc.


I don't condone drinking and driving, it's a bad idea any way you slice it. I'm just telling you what a family member, who happens to be an attorney, has advised me to do if I were ever in that situation.