Well as it states Im asking for some pro. help in a DUI misdemeanor case. Im ONLY asking for true info not hear say or "umm I think this or that" I need some solid answers. I know I should contact a DUI Lawyer but Im asking for help hear first.

Well of 10:30 Tue. night I was pulled over for "reckless driving" FHP officer stated he could smell alcohol on me. So he asked me to get out of the car and start on the tests. Finger to nose, count to 30mississippi and abs’s. I did everything that was asked of me. I feel I passed everything he asked of me until he asked for me to blow well that didnt happen b/c I wasnt confident that it would be in my favor. So Im just asking for some info IF we have any lawyers on the forum.

Thank you in advance!!

-Ryan

 

No lawyers I know of. So you didn't blow and then he hauled you in? Usually if you don't blow they take you to the hospital and draw blood to get your BAC. Either way, get an attorney ASAP.

 

You're WAY better off talking to a lawyer directly. Consequences of a mistake are too big. Anyone who says he's a lawyer on-line, you don't even know for sure who he is...

 

I was just wondering if any lawyers on this forum. One of the other forums I USE to be on there was a lawyer who would answer anything so thats why I posted. Well my next step is to get a lawyer.

And no they didnt draw blood they just took me to the jail a booked me.

What ticks me off is when I got pulled the PIG says one of the reasons he pulled me was b/c I had a prior for pot. As he said " I wanted to make sure you where holding" and I thought that was criminal profiling but according to my mom (paralegal) said that is 100% legal and I dont see how but she said it was.

Im just so Fed up in the head right now my nerves are going crazy. I just dont know what to expect. I dont wanna sit in jail I will tell you that 3 days in leon county jail was enough for me. But I guess all I can do is look on the bright side

 

Well, because you had a prior that's pretty much automatic probably cause for a cop to pull you over and search you, assuming you did something wrong while driving (reckless or inattentive driving in the perfect excuse for a cop.)

AND, because you didn't submit to blowing he can arrest you (if you failed the field sobriety test, BUT, in order for them to hold you, I would think they'd need a BAC from you somehow.)

I'd explain it all to a lawyer and you'll find out what you can do. Good luck man, sorry to hear that. I hope you weren't actually driving over the limit, but I can't pass judgement, so I hope all goes well.

 

isnt it nation wide dmv law by accepting the license you agree to terms of a breathalizer and if you dont your license is taking away for a year?

 

yes if you blow you are @ risk of losing your DL for a year. I think its the same over the US but I could be wrong.
I honestly dont know what I would have blown. I know I was not PERSONALY drunk but LEAGLY I might have been. It takes ALOT to get a alcoholic drunk. I mean Im not proud to say it but I know I drink way too much but still Im just ticked that I know I wasnt messed up but law says something else. Fin A!!

 

I assume you were on the highway.Florida highway patrols tend to pull over any car they see after 1 or 2am.Doesn't matter if you were speeding or not.Get good legal help,not the 1-800 numbers.

 

Nope I was intown I was like 5milles from the State Cap.

 

Unfortunately the law is the law. Even if you weren't "drunk" you can still be booked for a DUI/DWI. I think you must've failed one of the sobriety tests if the cop proceeded to try to give you a breathalyzer.

I drove from Ft. Myers to Naples and back at like 2:30-4:00 in the morning and passed quite a few cops, none seemed to care. You are in Miami though.