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Thread: DUI question

  1. #1
    PanickedinPA is offline Junior Member PanickedinPA is on a distinguished road
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    Question DUI question

    I was pulling into my driveway (right turn). The car behind me had been right on my rear(maybe a car length or a few inches more) so about half a block away I had began tapping my brake to indicate I was slowing down. I put on turn signal. Turning into my driveway the car behind me went onto the shoulder of the road and hit my two rear doors. Hit it with their left front fender by the headlight and kind of slid along the side due to cinders and stones that are on shoulder from winter weather.

    We got out and did the "are you okay thing". Every one was calm. I said I was going inside to wake up my son. In the meantime the passenger had called police. When I came out he was already there. I admit I had two drinks that night. Really.

    He started questioning me about drinking. I admitted I had had two drinks right before coming home. He breatholyzed me twice. I did the roadside test in my dirt driveway with stones on it. It has dips in it also. I thought I did well except for where you hold your foot up. This causes me pain due to compressed disks in my back, the pain was so sharp I kept putting my foot down.

    I was handcuffed and taken down to the processing center which is located in the city and not in my township. I gave blood and answered some questions.

    I was then put in a little cell and told they were calling my son to come get me. They ended up getting me a taxi. My son was so mad at me he refused to answer. I agree with him. I was handed my jacket, license, insurance and registration. That's it.

    Shouldn't I have gotten a citation or will it becoming by mail or sheriff? In the back of my head I keep hoping that I was not cited but I am sure I was.

    The best thing I can say about this is that it scared me, I won't drink ever again. I hadn't had a single drink in 23 years and just started drinking a bit right before bed(at home) in the last year or so after becoming depressed from some sudden life changes.

    What do I do from here? My insurance said that if I was being cited my license would have been confiscated. No paperwork was given to me for anything. I am scared, panicked and confused but I am also getting my life together and seeking help for my depression. I definitely need to talk to someone.

    Sorry for the length.

  2. #2
    mcsap is offline Veteran member ( retired) mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute
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    In my 25+ years of being a police officer I have had quite a few people claim they fialed my sobriety due to their bad ...back, knees, hip ankles etc. And in the same 25 + years , NONE ever attempted to defend their poor performance with some sort of medical expert to back up their assertations.

    We also use a Central Booking Office that is located downtown , outside of our jusridiction.

    A DUI charge is filed on a Criminal Complaint or a summons , NOT a ticket. It is a Misdemeanor , not a simple traffic ticket. PA officers cannot simply take your license on the spot for a DUI. Even if it is your 10th offense. Other states do in fact seaize the license on the spot. It doesn't matter who is at fault when someone is a DUI. The other guy couild easily be at fault and yet you still get the dui.

    PA has three tiers of dui's.

    A blood alcohol of .08-.99% , .10-.159% and a .16% and up.

    The higher the reading , the more stringent the penalty. Those who refuse to submit to a breath/blood or urine test are propelled into the highest tier automatically. Those in the lower tier get a lesser punishment than when the minimum was a .10%. Look into ARD , which is essentially probation , court costs and a minimal loss of license. By completing the 1 yr program , all of the charges are dropped.
    Your paperwork will be coming in the mail as a summons.

    You also need an attorney. You don't do your own dental work, don't do your own legal work.
    Creeper Cop

  3. #3
    PanickedinPA is offline Junior Member PanickedinPA is on a distinguished road
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    DUI question

    Hit by a guy tailgating me as I was making a right into my driveway. I had started tapping my brakes and signaled about a half block before turning. I had two drinks prior to coming home. Really. This is too serious to lie about.

    Everyone fine. Little damage to their car. They hit me in my driveway because as I was turning in they swerved onto the shoulder and hit cinders and due to how close they were to me they hit me.

    I told them I was going in house to get my son. In meantime the guy was calling police and they were there when I came out.

    I was asked if I had anything to drink. I admitted I had and took a Breathalyzer and field sobriety test. Then I was handcuffed and taken to the processing center for BAC and processing. Immediately afterwards I was put into a taxi and sent home with my jacket, license, insurance and registration.

    Should have gotten a citation or something or will that come in the mail? Sheriff? I posted the more detailed version of this in the Pennsylvania forum but it looks like no one really goes there so I put one here too.

    I take full blame for taking the drinks. This has changed everything for me and I am grateful.

    I just want to make sure if I was charged. My insurance company said if I was cited I would have had my license confiscated. Scared and confused.

    Thanks

  4. #4
    PanickedinPA is offline Junior Member PanickedinPA is on a distinguished road
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    Thank you. I was just wondering. I am not trying to get out of anything. I just said about my back for detail. I am sorry if it seemed I am making an excuse. I have complete proof of my back problem recorded with my doctor. I am making NO excuses for myself.

    I was just concerned that I should have gotten the citation while there. I want to make sure I am in the loop in this process. I will definitely look into ARD. And get an attorney.

    Thanks again!!

  5. #5
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    Panicked-

    We frown on multiple postings of the same question on the forum.

    To that end, I "merged" both your threads into Ask A Cop, as the more active of the two areas, so that everyone could see what you've posted so far.

    To answer your question, I can't speak to PA, but you may have been released (based on my experience) pending getting the blood results back. Formal charges may be filed at that time. Also, they may just take the whole case to the prosecutor and let them decide what (if any) charges are appropriate.

    At least that's how it would work in Missouri.

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    Quote Originally Posted by PanickedinPA View Post
    Thank you. I was just wondering. I am not trying to get out of anything. I just said about my back for detail. I am sorry if it seemed I am making an excuse. I have complete proof of my back problem recorded with my doctor. I am making NO excuses for myself.

    I was just concerned that I should have gotten the citation while there. I want to make sure I am in the loop in this process. I will definitely look into ARD. And get an attorney.

    Thanks again!!
    Depending on what those two drinks consisted of it is possible your BAC will come back under the limit anyway. If that's the case you probably won't be charged at all. If you don't want to tell us what the two drinks are, that is fine.

    Quote Originally Posted by Citicop View Post
    Panicked-

    We frown on multiple postings of the same question on the forum.

    To that end, I "merged" both your threads into Ask A Cop, as the more active of the two areas, so that everyone could see what you've posted so far.

    To answer your question, I can't speak to PA, but you may have been released (based on my experience) pending getting the blood results back. Formal charges may be filed at that time. Also, they may just take the whole case to the prosecutor and let them decide what (if any) charges are appropriate.

    At least that's how it would work in Missouri.

    -Citicop.
    When you release someone without arraignment in PA like in a DUI you are required to file the complaint within 5 days. Since it can take up to a month to get the blood back we automatically charge highest BAC then amend it at the hearing because by then we will have it back.
    "Knowing what you stand for limits what you fall for"

  7. #7
    PanickedinPA is offline Junior Member PanickedinPA is on a distinguished road
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    Quote Originally Posted by greg72982 View Post
    Depending on what those two drinks consisted of it is possible your BAC will come back under the limit anyway. If that's the case you probably won't be charged at all. If you don't want to tell us what the two drinks are, that is fine.
    Though it embarrasses me about what it was I drank I want to learn from this situation and can only do that by being honest with myself.

    It was two caps of mouthwash. The bigger bottle so I am not sure how much the cap holds. Yes. Mouthwash.

    I also apologize for posting in two forums. I never posted in a forum before and I admit I didn't read every rule like I should have.

    Not that it matters to anyone here but I have already made an appointment with my doctor for my depression and plan to pursue AA meetings. This whole thing was probably the best thing that could have happened to me.

  8. #8
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    Quote Originally Posted by PanickedinPA View Post
    Though it embarrasses me about what it was I drank I want to learn from this situation and can only do that by being honest with myself.

    It was two caps of mouthwash. The bigger bottle so I am not sure how much the cap holds. Yes. Mouthwash.

    I also apologize for posting in two forums. I never posted in a forum before and I admit I didn't read every rule like I should have.

    Not that it matters to anyone here but I have already made an appointment with my doctor for my depression and plan to pursue AA meetings. This whole thing was probably the best thing that could have happened to me.
    You can't get a DUI from two caps of mouthwash. There has to be more to this...
    "Knowing what you stand for limits what you fall for"

  9. #9
    mcsap is offline Veteran member ( retired) mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute
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    Mouthwash is a cheap drunk.
    Creeper Cop

  10. #10
    PanickedinPA is offline Junior Member PanickedinPA is on a distinguished road
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    Quote Originally Posted by greg72982 View Post
    You can't get a DUI from two caps of mouthwash. There has to be more to this...
    That is what I had. Don't know what else to say. I was planning to have more when I got home. I was not pulled over for DUI. My car was hit by another car as I was turning into MY driveway. She was driving very close and I have since learned using her phone. I tapped my brakes to slow down and put on my signal and when I turned she hit her brakes went off the shoulder and hit me. We were going in the same direction. I was in the house waking up my son when I came out the police officer was there. Smelled my minty breath and started asking me questions and I immediately said that I had drank two capfulls of mouthwash in the parking lot of the Giant down the street from me. Believe me or not that is it.

    I got my answer to my original question. I just wanted to know how I would be receiving my summons. I want to be able to stay in the loop and do things right so this can become a part of my healing.

    Thank you to everyone who gave their time to write.

  11. #11
    mcsap is offline Veteran member ( retired) mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute
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    The suspicion of your being DUI has LITTLE bearing on the accident. I have had full on red light crashes where the person at fault was sober and the " poor schmuck " not at fault was DUI.

    ALL that matters is what your BAC is. If it is over a .08% , you are LEGALLY impaired. If you are under a .08% you are not unless there is some other reason ( drugs of any kind) that could have contributed.

    We can charge down to a .05% BUT we must be able to show a SIGNIFICANT impairmant and that RARELY happens.
    Creeper Cop

  12. #12
    PanickedinPA is offline Junior Member PanickedinPA is on a distinguished road
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    Quote Originally Posted by mcsap View Post
    The suspicion of your being DUI has LITTLE bearing on the accident. I have had full on red light crashes where the person at fault was sober and the " poor schmuck " not at fault was DUI.

    ALL that matters is what your BAC is. If it is over a .08% , you are LEGALLY impaired. If you are under a .08% you are not unless there is some other reason ( drugs of any kind) that could have contributed.

    We can charge down to a .05% BUT we must be able to show a SIGNIFICANT impairmant and that RARELY happens.
    No drugs or medication at all.

    About 8 years ago I had a gastric bypass and it bypasses the duodenum(where digestion takes place). I know that sugars go directly into my bloodstream undigested or changed in anyway.

    I wonder if alcohol does the same. I guess I'll just have to see what happens with my BAC and deal with it. What happens if my BAC is under .08%. Is that still a DUI charge? I'm confused

    Heck, there are so many worse things that could happen in life. I get the chance to recover from this life lesson. Many people don't get that chance.

    Nothing that happens with this situation can be worse than what I am thinking about myself already. I apologize for my wordiness. Friends tell me I can't even say hello with less than 20 words!

    Thanks again!

  13. #13
    Citicop's Avatar
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    In Missouri, the .08 "limit" is the level at which you are PRESUMED to be intoxicated. You can still be convicted of DWI with a lower BAC if the officer's observations will support it. Performance on SFST'S, balance, coordination, eyes, breath, etc. will all factor into the decision on whether or not to charge.

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  14. #14
    PanickedinPA is offline Junior Member PanickedinPA is on a distinguished road
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    How long do blood test results for DUI take? I know it has only been a week since my incident and I check my mail each day for a summons or whatever they send. I looked online and seen it could take weeks or months for me to get anything!

    I was talking to the police officer that actually drove me to be processed. He works part time at the beer distributor next door to my house ... he was standing outside smoking, I was not in buying anything. Basically he ended our small conversation with "don't worry about it". Now I am thinking does that mean anything? Or nothing?

  15. #15
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    Two to three months for results of blood down here.


    Be Safe.
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