Need legal advice is you know of any...here goes.

Automatic arrest after denial of field breathlizer.

I am over 21 yearls old in the state of CA. Had 1.5 glasses of wine within half hour I got pulled over. Took all the field sobriety test. Did well but my eyes were flickering b/c of the increase in blood to my system from the wine. Officers asked me if I wanted to take the "voluntary" field breathalizer. Said if I pass I go home and if not take the test in jail. I declined to take field breathalizer and was arrested and spent the night in jail. Took the breathalizer at the station with a BAC of .04. My ticket had 2 violations. 1. DUI CVC 23152(a) and 2. reckless driving CVC 23103(a).
Reason I did not take the field breathalizer was b/c this was my 1st time DUI pull over and wanted to buy myself more time. Frankly, if I knew I was below the limit I would take the field breathalizer.

I don't understand why I would automatically be arrested for refusal to take the "voluntary" field breathalizer? Doesn't the law contradict itself if I took the field breathalizer and comes out .04 (go home, no infractions) and at station .04 (2 charges above)? I felt that this was an ultimatum.

If my charges are dropped for the DUI of .04 will the reckless driving charge be dropped as well or is this a separate issue? When I contact for DMV hearing should I request for both charges to be dropped?? Any advice is helpful. Thank you.

BTW: Release fee from SGPD $125 for car, Impound Fee on New Year's Day for my 2005 350ZR $305, Sleeping in below 40 degree concrete & metal jail cell overnight on NYE, done that - no more.

 

damn. rough start for 2009.
hope every resolves well bud

 

I don't understand why you weren't let go if you only blew a 0.04?

And what's with the wreckless driving story?

 

Damn that sux!
I think you might of been put in Jail for the wreckless driving. IE. Reading from your story.

 

I've never heard of a voluntary breathilizer test. it's either you take it or lose your license.

sorry I can't be of more help.

 

From my understanding field sobriety tests are not voluntary when asked. On the bottom of most if not all DL's it states "Operation of a motor vehicle constitutes consent to any sobriety test required by law." That is why you were automatcially taken to jail. As for the wreckless driving, that prob didn't help out.

 

im not tooo sure, but i think some people do refuse it to wait it out and test it in jail. and if it's below legal, they stay a night n get dui dropped. but those are ppl knowing they are kinda trashed.

your dui and reckless is two cases.. I'd find an attorney now. dui case will be a criminal case and a dmv case. and i think u only get less than a month to phone dmv to hear your case out.. dui alone will cost you 3000$ w/o attorney fee. and 10yrs record. plus no driving for 1/2 yr then restricted driving.

major ownage by dui gooooood luck. If you want to talk to my attorney that got my dui case dropped, i can pm u a number later. honestly, attorneys don't do much if u are above legal limit. u lose, period. u only feel easier at court cause they do the talking. but u are way below limit.. I wasn't driving when i got arrested..

 

Ya, get a good lawyer. Try to get into a dry DUI, i believe that's what its called. Same thing as a DUI but not on your record for working reasons.

GOOD LUCK.

 

Wow, the Cali police strike again. Sorry to hear that.

 

seems to me the dui will get dropped since you didnt break the law.

have no idea about the wreckless since i didnt see you driving.

 

+1 on what peter said

good luck i honestly thought that the tests were voluntary

 

This wouldn't happen if you made the right choice in the first place. You might be "legally" below the limit by law...regardless it could have been worst (hurt someone). Reckless driving? Your too young avoid that ****

 

Correct, my mistake to drink and drive regardless of how much I drank. I did not feel that I was imparied that was why I had to take a field sobriety test and then a voluntary field breathalizer. The officer mentioned "voluntary."

I still think there is a contradiction in the law. Please see my 1st post. Officers mentioned that if I take the "voluntary" breathalizer and blow below the limit I would be let go. So what is the differenc if I blew below limit at the station? Shouldn't I be let go if the same rule applies above. Regardless, for those who do get pulled over for a DUI in CA. might as well take the field breathalizer.

The lack of understanding the law in between lines is what got me in trouble that night b/c if I blew on the field I would be scott free. Not that it justified my actions but I will take responsibility in that.

1st officer on scene who pulled me over did not issue my traffic ticket. 2nd officer was my arresting officer. When I was released, a 3rd officer was the citing officer but he was not the one who pulled me over. Obviously they changed shifts and did not write the ticket until I was released. Would my ticket for reckless driving (changing lanes unappropriately) be dropped?

FYI: What happens if they did not read me my Miranda rights?? No officer at the time of arrest read me my rights. They were more concerned in impounding my car.

 

interesting... subscribing...

 

do you mean a wet & wreckless.....when I got a dui my lawyer tried to get it changed to a WW but there wasn't enough factors to qualify...once you're in the system they own you for ten years...good luck!

 

Hmm, if a glass and half of wine is really all that you drank, you should have been fine and just taken the field breathlyzer.

Since you blew a .04 at the station, you should be able to get off the DUI charge without too much hassle, but the reckless driving charge will need more effort. No reason that they would just drop that charge.

 

ok.... please tell us about the reckless driving part... you OBVIOUSLY got puled over not cause the WINE but cause of your driving... im itchin' ta hear this lol

 

OP is going to need a flamesuit if he did something fishy with the reckless

 

flame suit and a filed of fire retardant!!!! hahahhaaa i wasnt gonna say it but i knew hraes wouldn't be far behind lmao.....









waiting patiently for the luls

 

OT:
tony im gonna kill you for that picture hahahahaha.... A$SHOLE omfg lolz