It sounds like you went into the ditch because you were drinking and driving and were planning on driving when your friend pulled you out. That is pretty dumb. IF that is the case, stop trying to get off with it, it doesn't matter if the engine was on or off at the time. It was lucky he caught you before you did something stupid. My cousin's daughter was killed by a drunk driver - I got zero sympathy for people who do that.
I knew someone that used to do that! And if I saw this person around, I'd enjoy breaking both of their legs, so they would know what it felt like.
Originally Posted by Kollaps
Stop drinking and driving. I'm sorry but I really have a problem with people who drink and drive. However, there has been some sound advice as far as the "keys not being in the ignition" technicality. I am not qualified to give you legal advice but I would consider a plea deal. Also, the "engine not running" exception to the rule is a very broad misconception. A DUI can stand as valid even if you are not behind the wheel of your vehicle due to the usage of the word "operate". These laws vary from state to state and district to district. A DUI can be "Attempting to Operate" or "Substantial evidence of recent operation", and if you fail a BAC test then you can legitimately be arrested. So yes, speak with your lawyer and see what can be negotiated.
Der tod ist ein dandy.
Lay off man, I was a teenager. I know it's lame now that I am older.
Originally Posted by 303
Was the Police called or did the officer just happen to drive by, see the truck and then pull over?
This is sticky. You weren't caught driving and no evidence other than the truck in the ditch illustrates as such. Also I find it a bit off-putting you weren't allowed to get your glasses to help when taking the test. Might have a shot but it'd be hard to expunge any type of violation as serious as drunk driving, no matter how little it is to being true or untrue.
Besides, don't drink and drive.
here's the thing, the officer is going to claim that he smelled alcohol on you and that all of your behavior including the results of the field sobriety test indicate you were intoxicated. in cases like this, if you said anything at all to him apart from, "I want an attorney present," you're going to end up incriminating yourself. most municipalities regard DUIs as their bread & butter; they're relatively easy to catch and because so many people are both dumb enough to drive drunk and talk to the police, DUIs result in an extraordinarily high number of convictions. you're going to need to get a lawyer and work with him/her on having this plead down to some lesser violation like public drunkenness. it will cost you but it's a huge mistake to think that because you didn't really do anything wrong it's wise to defend yourself. the deck is stacked against you; no matter how in the right you may be, in situations like this, it's a virtual slam dunk for the municipality and you'll wind up with this bullshit hanging over you for years.
Satanic Girls Gone Wild
My experience with my friends getting DUI's: they rape your ass no matter what. Good luck nigga.
A DWI/DUI is a felony conviction that can have ramifications for international travel and the like. You should retain a lawyer and go from there.
Not all DWI/DUI's are felonies. It depends on the circumstances of the incident and how many times you have been cited for it.
Originally Posted by Lydia
I know a guy who is serving four years in jail because it was his 5th DUI charge in 2 years. Some people just don't ever learn. I remember watching Tv when I was abroad over in England and their anti drunk driving commercials are pretty brutal. I don't know the stats on how effective those announcements are or even the amount of DUI's annually vs. here in the states, but I think that if we had the same sort of adverts here that it might make our rates drop. Edit - People here just don't get that visual of what a horrific car accident is like vs. "Don't do it, it's illegal". That is the stupidest approach to trying to deter people from driving under the influence. Start showing people the graphic disturbing stuff.
Just a simple DUI isn't a felony as far as where I live.