r/DUIAttorney

sorry for the long story.

so about a month ago i was partying with friends in philly and then decided to go to rowan university to see my girlfriend. soon as i got off the last highway in NJ i hit a curb coming off the exit ramp and blew my front passenger tire out. once i was safely far enough from the exit ramp i pulled over to check the damage and try changing the tire. rowan pd saw me, and lit me up to check if i was okay. i was super cooperative with them (honestly pretty cool officers all around) but they had me do the FSTs and i don’t think i did too bad aside from the one leg stand but they arrested me anyway and i blew a .16 at the station. they also found an empty shooter bottle that was super old in the back passenger door. got 4 tickets:

dui
open container
reckless driving
careless driving

they released me that night into my girlfriend’s custody and i was able to go back home after getting the car fixed 2 days later. i hired a lawyer (jason pollack if anyone’s heard of him) and had my first court date over zoom a couple weeks ago where he just pled not guilty. super nervous about what could happen so i did what anyone does in this day and age and turned to AI tools for advice. they’re all giving me different answers but are saying i have no room for negotiation. before you come at me i know i fucked up and was being stupid, but right now i need advice on what happens next. my next court date is a month out and i just received the discovery packet from my lawyer yesterday. i have no priors and a spotless driving record before this, and so i’m just trying to see if anyone has advice for me/knows my chances of getting shitty penalties. IID isn’t ideal but i know it’s probably unavoidable, i just don’t wanna lose my license. this whole situation’s really stressing me out even though it’s my own damn fault, but i also know it could’ve been a lot worse. anyone got anything for me? advice specific to NJ is preferred but i’ll take anyone’s account

Hi everyone I’m in need of some advice. So a couple months ago I was arrested for a DUI I am not proud of this at all but I desperately need advice. My BAC was at .127 I was pulled over for driving in the middle of the road in an unmarked road with cars parked on each side. I used all my signals and fully stopped at the stop sign. When I did the field sobriety tests there were a few issues with how the officer performed them. So I failed the test and he had me blow into the field breathalyzer ( the breathalyzer has not been calibrated for years) and that’s when I was arrested. Anyways cut to now I’m faced with taking the plea offer which is base DUI penalties honestly I don’t think it’s much of an offer I’ve never even had a speeding ticket in my life. My lawyer said they can file to suppress evidence but that’s kinda of an if the judge agrees it’s an extra 2500 dollars which could be do able but I don’t want to waste the money if the outcome will be the same… people of reddit what should do?

Hello kind people of the internet's r/dui community,

Sorry for the wall of words, TLDR at bottom --would like to know if I should contact a lawyer.

I am hoping for some reflection from the hive mind about a situation that seems really strange.

I was heading home yesterday afternoon, driving through very conservative central Montana. I would arrive home in my college town in about 2 hours. It was just me and my dog, in the back seat.

Before getting behind the wheel, I had a single hard cider. I'm not a big drinker but I was celebrating the end of a stressful trip. Bad choice to drink the cider, which had 6 percent alcohol and jump behind the wheel after a long day. Yeah, I should know better.

The cop was an extremely low key and seemingly kind person, very young. He asked a few questions, and I admitted having a drink before striking out, and immediately volunteered to take a test. I knew that that I'd consumed very little alcohol and I was confident that I'd pass with flying colors. I realize that this is NOT the same as having NOTHING to drink, but I felt pretty solid.

He ignored my interest in taking the blow test, but instead administered a whole lot of physical tests, including the walking-straight line, balancing on one leg, turning, following his finger with my eyes alone (no head turning). At this point, I figured that I'd be fine. The tests -- including standing on a single leg with the other leg in the air for more than a minute-- did not stress me. I've spent years running, dancing and doing yoga. It helped that I didn't feel panicked -- at least not yet.

He called for backup and another local cop arrived, and asked me a bunch of questions. As it turns out, we had a few connections in common: this cop asked me a bunch of questions about my dog, who sat in the car, looking totally flummoxed. I thought the new cop and I were having a normal conversation, but I also knew that as it went on, my dog was getting hotter inside the closed-up and turned off car.

The first cop administered a breathylzer test and it came back at .29. He pushed the wand into my face and said, You know what this means? He seemed pretty agitated, but I didn't really respond.

I said, No, I don't, because I do not know what it should be.

I was handcuffed and taken into the local jail. I was told that I would stay overnight at the local Motel 6, given the fact that there was no way to overnight me in town otherwise (I was not given an explanation about why and did not ask). At this point, I was left alone for about an hour and a half. I was relieved to learn that my dog was no longer in the hot car but rather at the local animal shelter, where she would remain for a holding period. As it just so happens, I worked at an animal shelter myself for a number of years in the past, and this freaked me out, because I was familiar with the protocol of a limited holding period, after which animals that were "impounded" would be released for adoption. I was pretty undone, by this point, but then I decided that at least she would not die in the hot car, and I was able to settle myself down.

Another half hour went by, and another cop, this one a much more seasoned-looking guy came in and asked me a bunch of questions. How much had I eaten (not much) ? Had I taken prescription meds (only a standard asthma inhaler per doctor's order), how much had I slept (tossed and turned due to the stressful nature of the trip I was heading home from). Then, I did another round of the walking/balancing/counting/gazing tests that I'd done on the street, with a few new ones thrown in.

The new, more seasoned cop said, "I do not see evidence of impairment that would prevent you from driving home."

The original younger cop came into the room, sat down with me and said, "This was my first DUI."

He just sat there, staring at me, and I waited. It was really weird. " I thought there was some grey area," he said. "I'm going to take you to the animal shelter. You will follow me in your car, pick up your dog and I'll take you to the side of town and get you on your way."

I walked to his car, then got in mine and followed him to the shelter. As I reclaimed my dog, he told me that my dog was a very well trained and happy pet. He mentioned that a bunch of his cop friends had gotten wonderful companions from the shelter when their owners- who'd been incarcerated -had been forced to surrender them, but sometimes when he pulled people over, their dogs were aggressive and unpredictable, and he really liked mine.

I felt like throwing up, hearing this. For the first time, I felt the impact of this whole ruinous experience, which I brought upon myself.

I drove home, but I have no idea what to make of this day...or what to do? Have I been charged? Why wasn't I booked, or whatever happens when you're arrested -- or am I now facing a criminal charge? Will a prosecutor be contacting me? Why don't I have any paperwork or any record of my own what happened, or isn't that something I get? Why wasn't a blood test conducted? Why wasn't I given instructions about what to do? Do I need a lawyer? I have several connections in Montana's legal community, but luckily, have never needed to be represented.

TLDR: Pulled over, passed field tests repeatedly, blew .28, handcuffed, taken to jail, passed more field tests, shown the door, allowed to drive home.....

now what?
TIA for any input you may have.

I’m extremely ashamed to admit that I’m facing my second dui within 5 years. First arrest occurred back in 2020 but wasn’t finalized till 2024 (Due to Covid, zooms, etc). Now as of 3 weeks ago, I’m back in the same predicament. Both instances thankfully there were no injuries nor actual accidents, but both were due to me being off road and dozing off with my car in idle. To make matters worse I’m only 28 yrs old (male). I feel like a disappointment to everyone who truly knows and loves me, it’s easy to scream the “I really drink socially” card from behind a phone but it’s so true. Which leads me leaving alcohol behind completely, I’ve never had a huge appetite for it and it only leads me to bs. Nonetheless I can’t blame anyone but myself for being in this situation; for my first arrest I did end up blowing and was eventually offered pre trial diversion. Now with this most recent arrest I refused all tests. Since it’s technically my first refusal, my attorney was able to obtain the 42-Day BPO license for me, as I wait on my administrative hearing to be scheduled since it was requested before the 10 day window. It’s still early in my process but im hearing a jail sentence minimum of 10 days will be hard to get around. Plus if im convicted the 5 year license revocation is weighing on me pretty heavily. All options are on the table, even potentially moving back in with my parents. Thankfully I have two jobs, single, no kids but I rent alone in Central Florida, have a car note, insurance and paying for school. It’s fair to say that I’ve seen better days lol but im trying to stay positive through it all. But overall im curious to know if anyone has dealt with something similar or nearly identical, that they could share or give a heads up on?