r/DUIAttorney

I got a dui/dwi and crashed into a stationary car no one was in the car so no one was hurt. I was trying to swerve from an oncoming fire truck but I crashed the other persons car at the back. The fire truck people called the police and they did the field sobriety test, I requested to call my lawyer before being taken to the precinct and the officer refused and took my phone. When I got to the precinct I still asked to speak with a lawyer and they refused and asked me to take a breathalyzer which came out 0.19.
This is my first time offense, am I gonna face jail time for this?

I’m extremely ashamed to admit that I’m facing my second dui within 5 years. First arrest occurred back in 2020 but wasn’t finalized till 2024 (Due to Covid, zooms, etc). Now as of 3 weeks ago, I’m back in the same predicament. Both instances thankfully there were no injuries nor actual accidents, but both were due to me being off road and dozing off with my car in idle. To make matters worse I’m only 28 yrs old (male). I feel like a disappointment to everyone who truly knows and loves me, it’s easy to scream the “I really drink socially” card from behind a phone but it’s so true. Which leads me leaving alcohol behind completely, I’ve never had a huge appetite for it and it only leads me to bs. Nonetheless I can’t blame anyone but myself for being in this situation; for my first arrest I did end up blowing and was eventually offered pre trial diversion. Now with this most recent arrest I refused all tests. Since it’s technically my first refusal, my attorney was able to obtain the 42-Day BPO license for me, as I wait on my administrative hearing to be scheduled since it was requested before the 10 day window. It’s still early in my process but im hearing a jail sentence minimum of 10 days will be hard to get around. Plus if im convicted the 5 year license revocation is weighing on me pretty heavily. All options are on the table, even potentially moving back in with my parents. Thankfully I have two jobs, single, no kids but I rent alone in Central Florida, have a car note, insurance and paying for school. It’s fair to say that I’ve seen better days lol but im trying to stay positive through it all. But overall im curious to know if anyone has dealt with something similar or nearly identical, that they could share or give a heads up on?

I blew 0.08 and was driving on the wrong side of the road going 35, I know I can't justify my action completely feel remorse just wanted to know If should hire an attorney to see if they can knocked it down to wet and reckless instead of having a dui that can affect my future this all happen in Santa Clara

Hello kind people of the internet's r/dui community,

Sorry for the wall of words, TLDR at bottom --would like to know if I should contact a lawyer.

I am hoping for some reflection from the hive mind about a situation that seems really strange.

I was heading home yesterday afternoon, driving through very conservative central Montana. I would arrive home in my college town in about 2 hours. It was just me and my dog, in the back seat.

Before getting behind the wheel, I had a single hard cider. I'm not a big drinker but I was celebrating the end of a stressful trip. Bad choice to drink the cider, which had 6 percent alcohol and jump behind the wheel after a long day. Yeah, I should know better.

The cop was an extremely low key and seemingly kind person, very young. He asked a few questions, and I admitted having a drink before striking out, and immediately volunteered to take a test. I knew that that I'd consumed very little alcohol and I was confident that I'd pass with flying colors. I realize that this is NOT the same as having NOTHING to drink, but I felt pretty solid.

He ignored my interest in taking the blow test, but instead administered a whole lot of physical tests, including the walking-straight line, balancing on one leg, turning, following his finger with my eyes alone (no head turning). At this point, I figured that I'd be fine. The tests -- including standing on a single leg with the other leg in the air for more than a minute-- did not stress me. I've spent years running, dancing and doing yoga. It helped that I didn't feel panicked -- at least not yet.

He called for backup and another local cop arrived, and asked me a bunch of questions. As it turns out, we had a few connections in common: this cop asked me a bunch of questions about my dog, who sat in the car, looking totally flummoxed. I thought the new cop and I were having a normal conversation, but I also knew that as it went on, my dog was getting hotter inside the closed-up and turned off car.

The first cop administered a breathylzer test and it came back at .29. He pushed the wand into my face and said, You know what this means? He seemed pretty agitated, but I didn't really respond.

I said, No, I don't, because I do not know what it should be.

I was handcuffed and taken into the local jail. I was told that I would stay overnight at the local Motel 6, given the fact that there was no way to overnight me in town otherwise (I was not given an explanation about why and did not ask). At this point, I was left alone for about an hour and a half. I was relieved to learn that my dog was no longer in the hot car but rather at the local animal shelter, where she would remain for a holding period. As it just so happens, I worked at an animal shelter myself for a number of years in the past, and this freaked me out, because I was familiar with the protocol of a limited holding period, after which animals that were "impounded" would be released for adoption. I was pretty undone, by this point, but then I decided that at least she would not die in the hot car, and I was able to settle myself down.

Another half hour went by, and another cop, this one a much more seasoned-looking guy came in and asked me a bunch of questions. How much had I eaten (not much) ? Had I taken prescription meds (only a standard asthma inhaler per doctor's order), how much had I slept (tossed and turned due to the stressful nature of the trip I was heading home from). Then, I did another round of the walking/balancing/counting/gazing tests that I'd done on the street, with a few new ones thrown in.

The new, more seasoned cop said, "I do not see evidence of impairment that would prevent you from driving home."

The original younger cop came into the room, sat down with me and said, "This was my first DUI."

He just sat there, staring at me, and I waited. It was really weird. " I thought there was some grey area," he said. "I'm going to take you to the animal shelter. You will follow me in your car, pick up your dog and I'll take you to the side of town and get you on your way."

I walked to his car, then got in mine and followed him to the shelter. As I reclaimed my dog, he told me that my dog was a very well trained and happy pet. He mentioned that a bunch of his cop friends had gotten wonderful companions from the shelter when their owners- who'd been incarcerated -had been forced to surrender them, but sometimes when he pulled people over, their dogs were aggressive and unpredictable, and he really liked mine.

I felt like throwing up, hearing this. For the first time, I felt the impact of this whole ruinous experience, which I brought upon myself.

I drove home, but I have no idea what to make of this day...or what to do? Have I been charged? Why wasn't I booked, or whatever happens when you're arrested -- or am I now facing a criminal charge? Will a prosecutor be contacting me? Why don't I have any paperwork or any record of my own what happened, or isn't that something I get? Why wasn't a blood test conducted? Why wasn't I given instructions about what to do? Do I need a lawyer? I have several connections in Montana's legal community, but luckily, have never needed to be represented.

TLDR: Pulled over, passed field tests repeatedly, blew .28, handcuffed, taken to jail, passed more field tests, shown the door, allowed to drive home.....

now what?
TIA for any input you may have.

Hi everyone I’m in need of some advice. So a couple months ago I was arrested for a DUI I am not proud of this at all but I desperately need advice. My BAC was at .127 I was pulled over for driving in the middle of the road in an unmarked road with cars parked on each side. I used all my signals and fully stopped at the stop sign. When I did the field sobriety tests there were a few issues with how the officer performed them. So I failed the test and he had me blow into the field breathalyzer ( the breathalyzer has not been calibrated for years) and that’s when I was arrested. Anyways cut to now I’m faced with taking the plea offer which is base DUI penalties honestly I don’t think it’s much of an offer I’ve never even had a speeding ticket in my life. My lawyer said they can file to suppress evidence but that’s kinda of an if the judge agrees it’s an extra 2500 dollars which could be do able but I don’t want to waste the money if the outcome will be the same… people of reddit what should do?