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Author
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Topic: DUI advice
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510_SVT
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Member # 8705
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posted
 
 
So fridayy night i went out to the city and on the way home i got pulled over by CHP for speeding. I had drank befor that and they made me take the tests which i passd but wen i took the breathalyzer it showed i had alchol so they took me in. Anyone have some advice on whats to come? and what i should do? Im hear different amounts i hav to pay from diff plp? And Should i fight it? Btw im only 20 yrs old. Any advice would help!
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/96 Cobra/
//87' LX h.c.i//
Posts: 1306 | From: 510EastBay | Registered: Oct 2008
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wht2000gt
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Member # 10127
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It's going to be hard to fight it just because your under age. What was your blood alcohol level?
Posts: 547 | From: East Bay | Registered: Jul 2010
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510_SVT
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Member # 8705
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posted
quote:
Originally posted by 94tealgt:
It's going to be hard to fight it just because your under age. What was your blood alcohol level?
They didnt tell me. all the other test they made me do i passd lik nothin
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/96 Cobra/
//87' LX h.c.i//
Posts: 1306 | From: 510EastBay | Registered: Oct 2008
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Eddie510-
CAFords OG
Member # 2354
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posted
My advice don't drink and drive good luck my relative spent over 3k
Posts: 6556 | Registered: Jan 2003
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N8
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Member # 6048
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posted
Did you get an actual DUI? Or did they get you for underage drinking? Seems they should have told your readings. Also long as your under the legal limit that does not constitute a DUI. First thing sounds like you need to find out what your charged with and get your readings. Find out the facts, then consult an attorney. Or google DUI laws and read up to see if you can find a loophole.
Posts: 11638 | Registered: Sep 2005
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JohnB
Tech Moderator
Member # 969
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posted
quote:
Originally posted by N8:
Also long as your under the legal limit that does not constitute a DUI.
0.01% is the limit if you're underage. Under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
Get a lawyer if you think you've got a leg to stand on. If not, consider this all a very expensive learning experience, sack up, and deal with it.
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1965 Shelby Cobra
1993 Cobra
2012 F150 Raptor
2020 GT500
Posts: 6523 | From: Orlando FL/Redding CA | Registered: Mar 2002
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510_SVT
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Member # 8705
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posted
quote:
Originally posted by N8:
Did you get an actual DUI? Or did they get you for underage drinking? Seems they should have told your readings. Also long as your under the legal limit that does not constitute a DUI. First thing sounds like you need to find out what your charged with and get your readings. Find out the facts, then consult an attorney. Or google DUI laws and read up to see if you can find a loophole.
I got an actual DUI
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/96 Cobra/
//87' LX h.c.i//
Posts: 1306 | From: 510EastBay | Registered: Oct 2008
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wht2000gt
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Member # 10127
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posted
Your not going to be able to fight it because your under age and charged with a dui. I got one when I was 19. I paid about 3000 worth. Live and learn. Good luck to you though. I hope it some how works out for you.
Posts: 547 | From: East Bay | Registered: Jul 2010
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Wolfie351
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Member # 651
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And, just to remind everyone out there, you are NOT required to submit to field sobriety tests or preliminary screenings if you are over 21. You are only required to submit to BAC tests AFTER arrest.
It is possible for the OP to get out of a DUI depending on cirmunstances. But, as others have said, any BAC reading is going to me automatic license suspension for people under 21
Posts: 1214 | From: South Bay | Registered: Dec 2001
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SydeWaySix
CAFords OG
Member # 3596
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posted
Damn jose...good luck bro! That sucks ![[Frown]](frown.gif)
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2013 Boss 302 #356. Performance White. Stock.
1965 Fastback GT Restored to stock spec.
Posts: 9882 | From: Bay Area | Registered: Dec 2002
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N8
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Member # 6048
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posted
quote:
Originally posted by 510svt:
quote:
Originally posted by N8:
Did you get an actual DUI? Or did they get you for underage drinking? Seems they should have told your readings. Also long as your under the legal limit that does not constitute a DUI. First thing sounds like you need to find out what your charged with and get your readings. Find out the facts, then consult an attorney. Or google DUI laws and read up to see if you can find a loophole.
I got an actual DUI
Good luck playa, If what JohnB said is the truth, just go ahead and take what you got coming. I know it will make getting a job very hard.
Posts: 11638 | Registered: Sep 2005
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510_SVT
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Member # 8705
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posted
Thankss for the advice guys. How long does the court porcess take?
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/96 Cobra/
//87' LX h.c.i//
Posts: 1306 | From: 510EastBay | Registered: Oct 2008
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gercolla1
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Member # 3068
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posted
your lucky all you have is a ticket ![[patriot]](graemlins/patriot.gif)
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Sf Bay Area
Posts: 2171 | From: Sampan San Francisco | Registered: Jul 2003
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slidewayz94
CAFords OG
Member # 3101
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posted
quote:
Originally posted by N8:
Did you get an actual DUI? Or did they get you for underage drinking? Seems they should have told your readings. Also long as your under the legal limit that does not constitute a DUI. First thing sounds like you need to find out what your charged with and get your readings. Find out the facts, then consult an attorney. Or google DUI laws and read up to see if you can find a loophole.
A person under 21 cannot drive with any measurable amount of alcohol in their system.
You do not have to have .08 BAC to be arrested for DUI. The .08 or greater is a second charge (cvc 23152b)
A person may shows signs of impairment (whether from drugs and/or alcohol) and not be .08 but still arrestable for 23152a. Think of your prescription pain pill poppers or those high on marijuana. Just because a Dr prescribes it does not mean your safe to operate a vehicle.
Posts: 4251 | From: Sac | Registered: Jul 2003
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Yaterstang
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Member # 7659
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posted
quote:
Originally posted by gercolla1:
your lucky all you have is a ticket
I feel for ya and its an easy mistake to make for anybody. I'd be lying if I said I've never driven drunk before, and I'd also be lying if I said I was never drunk when I've been pulled over by a cop. Luckily the cop didnt figure out how shit faced I was. What a POS cop right? Anyways, what you'll realize is that you cant put yourself in situations that will end up with you behind the wheel after even 1 drink. The one drink thing is fucking bullshit too by the way, nobody has just one drink that gets them a dui unless your a midget. I'd suggest to start smoking weed, nobody gets hit with a driving under the influence of mary jane. That way you can have the mind change your looking for. But if you know your going to drink, plan shit out and prepare to get a cab or something. They are much cheaper than DUis!
Posts: 2968 | From: Natomas | Registered: May 2007
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510vnum
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Member # 9106
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posted
Andele wey
Posts: 255 | From: oakland ca | Registered: Apr 2009
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510vnum
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Member # 9106
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Andele wey
Posts: 255 | From: oakland ca | Registered: Apr 2009
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SmokinLX
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Member # 1684
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posted
Look's like Your done. Whatever You do don't get caught doing it again they are really cracking down on DUI's and I think it's mandatory jail time for the second offense now. What the hell were You thinking? Don't You know that labor day weekend and new year's are the absolute worst time to drink and drive?? Try and get a free or cheap consultation with a DUI attorney and see if there is chance of getting it dropped to a wet recklous. For the rest of the people out there, I learned the hard way "about 15 years ago" that an open container is a 2 point major violation and the insurance company's look at it the same as getting a DUI which mean's full coverage insureance is virtually unattainable and You will lose Your job if it has anything to do with driving. For the OP hopefully You learned Your lesson and find a loop hole out of this thing.
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Dont claim power if ya cant mile per hour. 10 second AOD
Posts: 4388 | From: East Bay | Registered: Aug 2002
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NEIGHT
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Member # 8741
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posted
quote:
Originally posted by N8:
Also long as your under the legal limit that does not constitute a DUI.
I thought if your under 21 you can't have any alcohol in you while driving, and once your 21 you have to be under 0.08?
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-Savage Habits-
1992 Summer Edition
1986 Hatch- catfish killer
1964 Impala hard top
Posts: 18538 | From: EA$T $IDE REDWOOD CITY | Registered: Nov 2008
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slidewayz94
CAFords OG
Member # 3101
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posted
quote:
Originally posted by Yaterstang:
quote:
Originally posted by gercolla1:
your lucky all you have is a ticket
I feel for ya and its an easy mistake to make for anybody. I'd be lying if I said I've never driven drunk before, and I'd also be lying if I said I was never drunk when I've been pulled over by a cop. Luckily the cop didnt figure out how shit faced I was. What a POS cop right? Anyways, what you'll realize is that you cant put yourself in situations that will end up with you behind the wheel after even 1 drink. The one drink thing is fucking bullshit too by the way, nobody has just one drink that gets them a dui unless your a midget. I'd suggest to start smoking weed, nobody gets hit with a driving under the influence of mary jane. That way you can have the mind change your looking for. But if you know your going to drink, plan shit out and prepare to get a cab or something. They are much cheaper than DUis!
Your very misinformed, people get arrested everyday for driving under the influence of marijuana.
Posts: 4251 | From: Sac | Registered: Jul 2003
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90blackgt
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Member # 7716
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posted
your fucked your not 21 your not able to drink. simple as that
Posts: 314 | From: san bruno | Registered: Jun 2007
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FordManDan
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Member # 432
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posted
The most important thing here is that you realize you made a stupid mistake. That alone is what the DA or any judge will want to be certain of.
I have no patience for anyone drinking and then driving a car. No matter how old.
Not saying you were drunk, just saying...
Make better choices and convince the proper people that it was a horrible mistake and you'll never do it again.
If you play your cards right, you'll be able to expunge the offense from your record once you complete the required disciplinary actions.
Posts: 364 | From: Modesto | Registered: Sep 2001
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TR1
98COBRA.COM
Member # 296
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posted
quote:
Originally posted by N8:
Also long as your under the legal limit that does not constitute a DUI.
Actually, thats not true.
There is two sections to the DUI law. One for driving while under the influence and one for being over .08% BAC.
You can be charged with both or just the (a) section.....
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
[ September 05, 2010, 06:19 PM: Message edited by: TR1 ]
Posts: 1381 | From: Bay Area, CA. | Registered: Jun 2001
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N8
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Member # 6048
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posted
quote:
Originally posted by TR1:
quote:
Originally posted by N8:
Also long as your under the legal limit that does not constitute a DUI.
Actually, thats not true.
There is two sections to the DUI law. One for driving while under the influence and one for being over .08% BAC.
You can be charged with both or just the (a) section.....
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
It would be awful hard to get that one to stick. But since this gentleman is under the legal drinking age sounds like they got em. The part you quoted sticks really well if the officer observes the person drinking and watches him get behind the wheel. But does not sound like this is the case. And I am giving my best Perry Mason at this point.
I hope the gentleman here makes better choices in the future.
Posts: 11638 | Registered: Sep 2005
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