Question about DUI and Miranda Rights.
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Thread Starter
Join Date: Apr 2011
Posts: 40
Question about DUI and Miranda Rights.
I've researched this quite a bit and am meeting with my lawyer this week but I wanted to know if anyone else has a first or second hand experience with this...whether a DUI was involved or not.
When I was arrested for my DUI I was not read my Miranda Rights or told about the 5th amendment (the right to remain silent) after I had been handcuffed. I also was not told the roadside breathalyzer is optional and I did not have to allow the nurse to take my blood. So I ended up taking a roadside breathalyzer and having my blood drawn without being told it was strictly voluntary.
My lawyer made it seem like all of the police inconsistencies will really help my case...but I am curious to see if anyone else has dealt with this before and what the outcome was.
When I was arrested for my DUI I was not read my Miranda Rights or told about the 5th amendment (the right to remain silent) after I had been handcuffed. I also was not told the roadside breathalyzer is optional and I did not have to allow the nurse to take my blood. So I ended up taking a roadside breathalyzer and having my blood drawn without being told it was strictly voluntary.
My lawyer made it seem like all of the police inconsistencies will really help my case...but I am curious to see if anyone else has dealt with this before and what the outcome was.
Member
Join Date: Feb 2011
Location: Milwaukee, WI
Posts: 112
In my expericence, DayTrader is right. For an everyday occurence DUI in which you did not hurt anyone and your BAC was not rediculously high there is probably a way out (if this is the case). You can probably work the case until it is either lessened or dismissed altogether for a large attorney fee.......
-My questions though goes right along with what I think Rusty Zipper is getting at, were you driving drunk? If you were, then also in my experience, you need to face the consequesnces of your actions or else, what will you learn. Anyone that I have ever known/met that got a charge dropped or lessened followed up with a very short stint of sobriety followed by an even worse charge in which they wished they had made a change after the first mistake. I guess what I am trying to say is that if you do want to get sober, which I didn't see that anywhere, I would face the facts and then use it as a learning experience (tool) to begin my sobriety. If you do not wish to get sober money and attorneys may be the answer.
Although I did not answer your direct questions, which no one here is going to answer for you since every case is different, if you "fish" for the answer you are looking for you can always find it but is not a good way to approach things.
-My questions though goes right along with what I think Rusty Zipper is getting at, were you driving drunk? If you were, then also in my experience, you need to face the consequesnces of your actions or else, what will you learn. Anyone that I have ever known/met that got a charge dropped or lessened followed up with a very short stint of sobriety followed by an even worse charge in which they wished they had made a change after the first mistake. I guess what I am trying to say is that if you do want to get sober, which I didn't see that anywhere, I would face the facts and then use it as a learning experience (tool) to begin my sobriety. If you do not wish to get sober money and attorneys may be the answer.
Although I did not answer your direct questions, which no one here is going to answer for you since every case is different, if you "fish" for the answer you are looking for you can always find it but is not a good way to approach things.
Member
Join Date: Jul 2005
Location: Portland, Oregon
Posts: 711
I have had 3 DUIs in the last 4 years and it is only by the grace of God I did not kill or injure someone. I know it was a moronic thing to get behind the wheel so please don't flame me.
Not giving legal advice, but for the first one I spent over 5k and received the same thing anyone would have gotten.
2nd one I received no jail time, 3rd one I got 72 hours- all without a lawyer. I prayed and prayed for God to do with me as he saw fit. It worked!!
I would check your states mandatory sentencing and think hard about spending that money- you are going to get a huge fine and a bunch of other stuff that costs thousands of dollars.
People on here will tell you differently, but I just wanted to share my experience.
Good luck and thank the Lord no one was involved.
Not giving legal advice, but for the first one I spent over 5k and received the same thing anyone would have gotten.
2nd one I received no jail time, 3rd one I got 72 hours- all without a lawyer. I prayed and prayed for God to do with me as he saw fit. It worked!!
I would check your states mandatory sentencing and think hard about spending that money- you are going to get a huge fine and a bunch of other stuff that costs thousands of dollars.
People on here will tell you differently, but I just wanted to share my experience.
Good luck and thank the Lord no one was involved.
Member
Join Date: Apr 2011
Location: Portland
Posts: 1,631
Hi. I'm sorry this has happened to you and since you are here you obviously know you shouldn't be driving drunk, so I don't think we need to remind you about that anymore.
That said, the police have responsibilities in all cases. I would hold them to every rule they are supposed to follow. I don't know your situation, but I assume the higher the BAC the less the judge will care about police ineptness. My husband recently had a BAC deemed inadmissible because the cop botched it so badly. His BAC was very low. I also think we need to pay attention to what a BAC is supposed to demonstrate--and that is impairment. My husband was in no way impaired. The cop's report says the car had a slight smell of alcohol and my husband was very slightly impaired. So he was no risk.
I understand that as alcoholics we feel guilty. But gosh, that doesn't mean the cops can do whatever they want. I have told very few people how I was treated by the cops who took my nicely dressed middle aged husband off a few days before Christmas last year. A DUI is not a license to abuse people.
That said, the police have responsibilities in all cases. I would hold them to every rule they are supposed to follow. I don't know your situation, but I assume the higher the BAC the less the judge will care about police ineptness. My husband recently had a BAC deemed inadmissible because the cop botched it so badly. His BAC was very low. I also think we need to pay attention to what a BAC is supposed to demonstrate--and that is impairment. My husband was in no way impaired. The cop's report says the car had a slight smell of alcohol and my husband was very slightly impaired. So he was no risk.
I understand that as alcoholics we feel guilty. But gosh, that doesn't mean the cops can do whatever they want. I have told very few people how I was treated by the cops who took my nicely dressed middle aged husband off a few days before Christmas last year. A DUI is not a license to abuse people.
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Join Date: May 2007
Location: Sweden
Posts: 1,649
In my country if you have a BAC over the limit, they just take your license away on the spot and put you in jail. No fooling around and there is no lawyer option either.
sorry, but I don't feel sorry for you. I didn't feel sorry for me when I drove drunk and frankly I didn't want to be handled with kid gloves. I could have killed myself and some innocent person. It still gives me the chills to think of how I could have taken someone's life when I was behind the wheel drunk.
sorry, but I don't feel sorry for you. I didn't feel sorry for me when I drove drunk and frankly I didn't want to be handled with kid gloves. I could have killed myself and some innocent person. It still gives me the chills to think of how I could have taken someone's life when I was behind the wheel drunk.
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Thread Starter
Join Date: Apr 2011
Posts: 40
I know the consequences of driving drunk and do not want to drink, hence why I'm here.
I am not looking for pity I was just curious. It's definitely an eye-opener but I'm completely broke, so any possibility of lowering my fines would be great.
I was definitely driving drunk with a low BAC, but the court date isn't until May so I've been going to AA meetings since the DUI (New Years Day...Night?). I know what I did was wrong.
Thanks for all of the responses.
I am not looking for pity I was just curious. It's definitely an eye-opener but I'm completely broke, so any possibility of lowering my fines would be great.
I was definitely driving drunk with a low BAC, but the court date isn't until May so I've been going to AA meetings since the DUI (New Years Day...Night?). I know what I did was wrong.
Thanks for all of the responses.
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