The cop grabbed your registration out of your car and you think that's blasphemy? And of course they were looking for drugs in your wallet, you are out drinking and driving who knows what else you could have been doing. Sounds to me like you had a pretty easy arrest and a very smooth time of it, so feel lucky. And I don't know why you're asking us for a lawyer because Google is pretty good for that. [Reply]
Originally Posted by scho63:
The police can call a judge and have a warrant for a blood draw in 2 minutes. It's a fait accompli when a DUI is involved. Just the refusal is an automatic suspension.
When a state grants you a driver's license, all the power is in their hands as they all say the same thing in their law, "it is a privilege, not a right" for them to grant you a drivers license.
You are correct that police can get a warrant easily.
However, a blood draw is quite legally significant. The law views any intrusion or penetration of a person’s body as a significant violation of a person’s liberty and so blood draws are not part of a routine DUI case. in my experience, and that does NOT include Nebraska, blood draws are done in unusual circumstances. In my state, for example, blood draws are only authorized in cases involving an accident or cases involving serious physical injury/death.
There is nothing about this case that suggests anything unusual that would justify a blood draw. Maybe that is just Nebraska.
The other issue is that a warrant is treated differently than a demand for a breath test. A warrant is a court order. In my experience, if cops get a warrant, that warrant is getting executed. So if someone refuses a blood draw for which the court has issued a search warrant, they are not merely charged with refusal. Instead, they are thrown into the back of a cop car (or ambulance, depending on the circumstances) and taken to the local hospital. There, the suspect is literally strapped to a gurney and blood is forcibly extracted.
Think about cops searching your house. Cops can come and ask you to look around and you can refuse. Fine. They may make you wait outside while they seek a warrant. But the situation is profoundly different if they show up with a warrant. If they get a warrant, that warrant is going to be executed.
Maybe Nebraska law is different but the Supreme Court has said that cops need a warrant to do a blood draw. If cops need a warrant to do a blood draw, I have a hard time seeing how a court would then make a driver’s implied consent include consent to a blood draw. The law is quite clear that if you drive on public roads (or non-public roads in some states), you give your consent to a breath test or maybe a urine test. But stretching those laws to include a blood test would effectively eviscerate the requirement that cops get a warrant.
Again, I do NOT know Nebraska law. Maybe Nebraska law allows blood draws and their particular testing regime has not been challenged in the U.S. Supreme Court. But I do not easily square the USSC warrant requirement with a statutory process that yanks driver’s licenses if drivers do not consent to a blood draw. [Reply]
I am hesitant to post anything that looks like help as you were clearly way too drunk to be driving. The fact that you don’t recognize that is a big red flag. I truly hope your dumb ass uses this as a learning experience and figures out what most of us learned in grade school. That is, “ your mom lied, you are NOT special.” So, stop doing dumb things that could impact the lives of others and grow up.
Having said that, it still may make sense to get an attorney involved. There are many reasons but the core reason is that BAC cannot be accurately and reliably measured by breath alone since it is not actually measuring the ethanol level in your breath. Without going into the chemistry involved, it is actually using a pH measure to approximate the level of ethanol. Since this is not a direct measurement, many things can cause in inaccurate reading such as acidic foods, belching, GERD (stomach acid) etc.. A good DUI lawyer and can bring up these arguments and try to negotiate the charges down with the DA.
PS - pro tip - chewing gum does nothing to help. Tums or Rolaids can help if you’re borderline and worried but a much better choice is not to drive when you’ve been drinking. [Reply]
Buzzed driving is drunk driving.
You deserve the DUI if you were even close. You made the choice to have the drinks. You now need to pay all the fines and the rate increase on your insurance.
Hope you learn and don't do it again. [Reply]
A first offense DUI conviction is a Class W misdemeanor. You will lose your drivers license for up to six months. You will be responsible for a minimum of seven days in jail and a $400 fine or a maximum of 60 days in jail and a $500 fine will be levied.
The court may give you probation for your first offense DUI sentence. You will receive a 60-day revocation of your driver’s license and pay a $500 fine. You will have to have an Ignition Interlock Permit added to your vehicle during the time of your license revocation.
You will receive 48 hours of mandatory imprisonment or 100 hours of community service and must complete a court ordered alcohol and drug safety action education program and/or treatment program (at your expense). In addition, you will be fined $500 to $1,000 plus court costs, probation and evaluation fees. Your driving privileges will be suspended for 30 days, then restricted for an additional 330 days. Your vehicle can be impounded for up to one year
I listed both because you said it happened in Nebraska but evidently you live in Kansas. So you might have to deal with both states. [Reply]
Originally Posted by Holladay:
I got hosed on a DUI in Nebraska last night. 1:00 am after a business meetings with beer and pizza.
Was I over the limit? Yes, not by much.
The cop basically ambushed me on the speed limit. 35 mph turned to 40 mph within a few feet and 100 yds past that goes to 50 mph. I was clocked at 44 mph.
They pulled me out and did the eye thingie, which I think was OK. Then did the walk the line. Not so good, but I did bust my ankle badly last year. It still bothers me.
They did illegal search and seizure, my 4th amendment, for searching through my car to find my insurance and registration. When I was pulled over, I had my drivers license ready and was looking for my insurance/reg in the glove box. I wasn't allowed. As there any due process?
They had me blow in the cop car and I knew I was going to be over .08 (heck, cough syrup will bust you). I declined the blood work etc. They didn't inform me that by declining, I would forfeit my license. There was no Miranda either. They cuffed me and put me in the clink for 8 hours.
After 8 hours, I got my stuff back. My wallet was in a zip lock bag totally ransacked. Were they looking for drugs in my wallet?
In the end, I was speeding, 44 in a 40. Should have I been driving, prolly not .15. Was I in a densely populated area, nope, deserted highway in SE NE. No Miranda, no permission to search. Dunno.
Any Attorney ideas?
The bold part = the truth.
The underlined = you sound like a Karen.
Suck it up, buttercup. Don't ****ing drink and drive and you won't have a problem. [Reply]
All you assholes with your virtuous scolding this dude give it a rest. Dudes already been through the arrest and jail time. He's gonna have to go through the process and it sucks.
Sorry buddy been there but they have got these things pretty much stream lined. Good start wanting to get an attorney. Just don't ask about it here. Ask around find a local one.
Probably not going to get out of it, I'll be real honest. Hard to beat the charge on these things. However you never know, your attorney will hopefully be able to get you a diversion if it's your first one and as long as you we're not a total dick to the cops.
Lots of people have gone through the same thing man, plenty of people make the same mistake. All you can do is learn from it and move on like everything else. It's a process, eventually it will be behind you. Don't get too down on yourself.
