My 20 year old brother was drinking last night(apparently a lot) with his friends in Santa Cruz california. Today he drove home (about a 2 to 3 hour drive home) He was almost home and got puuled over for speeding. He was aressted for a DUI. He breathed a BAC of .14 at 3:45 p.m. I think he's screwed. ANyone have any advice that would help ANd what he might expect to be facing. He also wants to be a fireman but is now afraid that he is screwed because of this. He didn't think that he was still drunk because he drank last night. He just thought he was hungover.
He is really a good kid and hasn't been in trouble before and wouldn't have driven if he knew that he would blow any BAC number
2007-01-14 15:55:06 · 10 answers · asked by wisk 1 in Politics & Government ➔ Law Enforcement & Police
I have been a California police officer for over 11 years so I speak from experience.
In my career I have arrested many "morning after" DUI's. Blood alcohol dissipates at around .02 points per hour after the alcohol you consumed is fully absorbed (which takes an hour or more after you stop drinking). So, if you stop drinking at 2 a.m. and have reached a BAC level of .30 (which is extremely intoxicated), it would take around 15 to 18 hours to fully clear your system of the alchol. It would not be unusual to be over the legal limit 12 hours after you stopped drinking if you got drunk enough.
Unfortunately the BAC is really gonna be the main consideration in what happens to your brother. So long as the police officer had a legal reason to stop his car, and his chemical test was collected legally, the BAC will be the main piece of evidence against him.
A first offense DUI in most places in California will likely cost around $1100 to $1500. Jail is unlikely but a suspended or restricted license will likely follow.
A DUI conviction WILL adversely affect his ability to be a firefighter. He will likely need to wait several years before it is likely that an agency will hire him after a DUI conviction.
Your brother should look at hiring a good lawyer, specialized in DUI cases, and seek to get a lesser conviction such as a so called "wet reckless" that will not carry such a long term negative stigman. A good DUI lawyer may cost several thousand dollars to hire but its money well spent if it lets him get on with his life.
2007-01-14 17:12:56 · answer #1 · answered by James P 4 · 3⤊ 0⤋
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2016-06-10 02:53:15 · answer #2 · answered by ? 3 · 0⤊ 0⤋
He's in some trouble. Blowing a .14 at 3:45 in the afternoon? If thats the case, he also had some drinks on the way home and not just the night before. Your body can metabolize 2-3 drinks an hour. If he had drank enoughthe night prior to get his BAC up to a level that it would have needed to be at in order to still blow that high, he would be dead. He may not have told you everything. What he needs now is a good lawyer.
2007-01-14 16:12:06 · answer #3 · answered by zebj25 6 · 2⤊ 0⤋
Everyone is right on their answers.
One side note, because someone mentioned the legal limit. Legal limits are for those adults 21 or over. If you are under 21, and blow anything, you are DUI. It doesn't matter if it is .02(generally 1 beer), you will be arrested.
And, no, mouthwash and cough syrup are not enough to make you blow anything. Well, you would have to drink a lot of cough syrup, and then, you probably shouldn't be driving then either.
2007-01-14 16:19:23 · answer #4 · answered by ? 5 · 2⤊ 0⤋
Get a good lawyer! If your brother was obviously enebriated and the cop told him to drive it COULD be argued that he was indeed okay to drive, EVEN with the breathalizer. However, you need a damned good attorney for your brother to get off. His chances are less than 5%. He will probably be convicted. The first hearing is just a plea entry anyway, tell him to plead not guilty and GET A LAWYER, not a public defender.
2016-03-28 22:11:15 · answer #5 · answered by ? 4 · 0⤊ 0⤋
He's hosed. In california a first-time conviction (misdemeanor) for driving drunk can cost the driver up to $11,000 in fines, legal fees, increased insurance costs and other expenses over the three years following.
And you may want to look into California's Zero Tolerance Law, it says basically minors can't have any alcohol in their systems, so there may be worse things in store.
2007-01-14 16:18:39 · answer #6 · answered by Anonymous · 1⤊ 0⤋
He's S.O.L. I don't know what the legal limit is in california but where I live it's .08 so he blew almost twice that amount plus isn't the legal drinking age 21? Yeah he's screwed.
2007-01-14 16:03:24 · answer #7 · answered by Anonymous · 0⤊ 0⤋
oh my, he wont be driving anytime in the next yearor two prolly. Get him a good lawyer, if hes clean , probation is possible and some large fines.
2007-01-14 16:06:24 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Agreed, he's screwed. I'm thinking he shouldn't have been speeding.
2007-01-14 16:03:40 · answer #9 · answered by Wurm™ 6 · 0⤊ 1⤋
nothing can be done, thats what he blew thats what it is. He really screwed up.
2007-01-14 15:59:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋