I got arrested last night for DUI.?

Question

Last night I went to a friend's 18th and was planning on staying designated so i could drive home afterwards. I had one beer when I arrived at 8:30pm and about 5 glasses of pineapple punch (which 5 people told me was NON ALCOHOLIC). at 2am I left and got pulled over and RBT'd and the policeman said my BAC was 0.115. I got arrested and have to go to court on the 6th of december.

Will it help in court that somebody poured alcohol in the punch without anyone's knowledge? I am only 17 and on my Provisional P1 license and have never even had a speeding fine.

I really need some advice about what to do in court etc and what would my penalty be?

No, none of the "drunks" were drinking the punch, and the girl who held the party and who's MOTHER made the punch both said they did not put any alcohol in it.
and seeing as it was a strong pineapple punch, pineapple was the only thing you could taste.
And no, i did not feel at all in the slightest bit drunk.. I was still able to answer every single police question exactly accuratly.
and no, i am not young and stupid. I could not afford to even take my own non-alcoholic drinks with me..
The cop said the reason he pulled me over was because i was going 40km in a 60km zone, which is wrong, because the area was in fact a 40 zone as it has many pedestrian crossings.

oh and by the way, almost 89 percent of underage teenagers have drunk alcohol at some point in their lives, so i think that by one beer, i was being responsible.

RE "johns" It was not a school night. It was a FRIDAY night. It is now SATURDAY here in AUSTRALIA. Plus i do not go to school anymore. I am working towards a degree in communications at university.

Answer 1

Dear Miloicecream,

Please, don't let all the negative responses, you have received thus far, get you down. There may be options, e.g., the blood alcohol reading may not even be admissible. The State must prove, the breathalyzer was properly calibrated, and the test was properly conducted. The State, must also prove the police officer, who conducted the test, was properly trained.

Devices or substances, used to calibrate the breathalyzer, may also be subject to calibration standards, or freshness standards. Anything, you may have said to the police officer, may not be admissible, because you were not given the proper warnings. Also, were any field sobriety tests conducted. Do the field sobriety tests, if any, corroborate the breathalyzer reading?

Does you University, provide any legal services for their students? Representation by a competent attorney is essential. However, it is equally important, the client be well informed.

You University library, should have an annotated copy of the statute, you were charged with. The annotations following the statute, will briefly summarize various higher court decisions on appeals. These rulings, are binding on the lower courts. I recommend, you read the annotations carefully. If you see something, that may apply to your case, the librarian can direct you, to where you can find the full text of the decision.

Please Note: I am not familiar with Australian law per se. However, Australian law and the laws of the States of the U.S., have a common law heritage and tradition. Therefore, parallels are to be expected, when it comes to rules of evidence, and standards of proof.

Please, don't hesitate to contact me, if you have any questions, or if I can be of any further assistance.

I wish you the best,

Larry

Answer 2

1

Answer 3

Depending on where you live, you might be offered a plea agreement that puts you in an alcohol education and diversion program, fines you, and makes you perform community service. You would also have your license suspended.

You do need a lawyer. You don't say whether you have even told your parents about this, but they will have to be involved. Either they can hire a lawyer now, or you can have one appointed by the court if your family cannot afford a lawyer.

The story about the punch probably won't get you very far. At .115, you should have been feeling a pretty strong buzz. Even if you thought that was from just one beer, you knew you had some alcohol and that buzz should have told you something. You didn't listen.

Answer 4

Well since you are admitting to being at a party where you did consume 1 beer you're pretty much screwed. Its very hard to prove that you did not know alcohol was in the beverage you were being served, but you can try. Since your BAC was so high they will make the argument that you should have known you were drunk. Also remember since you are a minor any amount of alcohol in your system constitutes a DUI even if it is below the legal limit. The legal limit only applies to people of age.

Now that I know your from Australia, I don't know what to tell you. That previous mentioned applies to United States laws.

Answer 5

Get a bicycle. You are probably doomed for sure. If you are "under-age" and tested that high, they will throw the book at you. And stories about spiked punch go over as well as stories about space aliens. They have heard it all and believe none of it. Sorry for the bad news, but your license is undoubtedly gone and they will probably sentence you to one of those awful and pointless "classes". At your expense.

And if your friends told you the punch was non-alcoholic and you tested 0.115, I would get some new friends. And let the old ones know what their "friendship" cost you.

Answer 6

miloicec, Sorry, but it sucks to be you!!! I hope this is a wakeup call to you!!! First of all, you don't have a leg to stand on in court cuz you're only 17 and at a party on a school-night; you're not even old enough to drink. That's why from now on, at least make yourself 35 on your id---so you can vote--- classic line from Anthony Michael Hall in The Breakfast Club. Anyway, good luck and I'll light candles and say a prayer for you. I guess a positive did come out of this---you weren't strip-searched.

Answer 7

Gee, someone put poison in my drink. Even though I didn't put it there, am I still going to die? I have NEVER had a drink where I couldn't taste the alcohol. But hey, the way the let people off the hook for drinking and driving, I'm sure you will be back on the road, drinking and driving soon. So don't sweat it.

Answer 8

You need to throw yourself on the mercy of the court.

Seriously, your excuse about not knowing the punch was spiked is not going to fly. It does not fly with me and certainly will not fly with the judge.

How can you possibly expect to say that you did not know you were drinking...when your BAC was .115. That is way beyond the feeling you would get from the one beer you admit to having.

My advice is to call a DUI attorney. It will cost you a bit up front, but a good attorney can save you a lot in the long run.

Good luck.

Answer 9

here in America, they put minors in jail for DUI, up to 1 year. and suspend their license until they turn 21.

you can tell whatever you like to the judge, and you can even tell the judge that story. it might tick off the judge, because you are not accepting any responsibility, and whoever the judge may be, may give you a harsh punishment.

you can try and fight it, but it won't work because you tested for alcohol and failed.

FYI, minors who drink before they are 21 end up growing up with social problems, and end up becoming a troubled person.

good luck.

Answer 10

Yes it would help if your BAC was like .001 or something but if you didnt realize you were drinking something with booze in it after 7 drinks and a BAC of .115 they will just say you were lying.

at that level you are very impaired and you should at least know you have had something to drink so I dont think that excuse will fly.