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Old    K Money (blowhole)      Join Date: Nov 2009       06-27-2010, 5:08 AM Reply   
I was idling my boat from a bay, not like I was driving out of control or dangerously. The cops called it a checkpoint. Got checked and blew a 1.0 (just over the limit). Got my boat towed and I was cuffed and placed in a car and taken away. Not cool..... My question is should I get a lawyer or should I just show up to court and hope for the best what a sucky situation.
Old    Jeff Moore (jeff359)      Join Date: Jun 2005       06-27-2010, 5:26 AM Reply   
If you're in California, same as driving a car drunk. Yes get a lawyer

And I sure hope you mean .10!
Old    K Money (blowhole)      Join Date: Nov 2009       06-27-2010, 5:31 AM Reply   
woops .10 and im in NY
Old    Tony (guitsboy)      Join Date: Aug 2005       06-27-2010, 6:07 AM Reply   
NY is the same as well. Car, boat, snowmobile, ATV, Bike, anything. If you blow over a .08, you're going to jail for the night. My defensive driver instructor said the typical cost for a lawyer to walk you through the DWI is about $5K, but once convicted, NYS will contact your insurance carrier, and then theyll either drop you, or your rates on ALL insured vehicles will go through the roof. Im sorry for the bad news, and I really wish you the best of luck. Hopefully it happened in a county where they will let you plead it down to a lesser charge.
Old    A.J. West (you_da_man)      Join Date: Sep 2009       06-27-2010, 8:30 AM Reply   
Pretty much what was already mentioned above. The better the lawyer is with DWI/BWI the more he/she will cost but the more likely the punishment will go down. However, usually the less punishment, i.e. the less probation or no probation, the more the fine will be (if there is range in the fine). Don't know about NY but in Texas your first DWI/BWI it will cost you $1,000 PER YEAR just to renew your license for the first 3 years after the conviction. Then if you get a second conviction the license fee jumps to $2,500. That's why on Texas highways/interstates you see signs that litterally say "DWI, you can't afford it". Matter of fact, the water police on my lake occassionally will post up near marinas and watch you as you enter the "no wake" zones to get the probable cause to stop and check you. Alot of people in my area will wait to come even with the "no wake" bouy and then back of the throttle instead of having no wake before they enter. Easy way to get caught in my area.

Last edited by you_da_man; 06-27-2010 at 8:35 AM.
Old    Murphy Smith (murphy_smith)      Join Date: Dec 2005       06-27-2010, 5:35 PM Reply   
$10,000 - price for the best DUI/DWI attorney in Houston, TX.

You are going to paying legal fess, court costs, and also any costs for classes and monitoring devices.

A simple word of advice: DO NOT EVER BLOW or do a field sobreity test...let them take you to jail. Chances are by the time you went to jail and they had got a warrant for you to blow...you would have been under the legal limit.
Old    wakeridinrob            06-27-2010, 8:56 PM Reply   
if you drink and drive and are over the limit, youre guilty.
Old    gangstar (joe_crawley)      Join Date: Jan 2007       06-27-2010, 9:03 PM Reply   
Quote:
if you drink and drive and are over the limit, youre guilty.
You're not guilty if your lawyer gets you out of it. Get a lawyer for sure. If you can plead down you will easily offset the lawyer fees. Should be $1500, not $5k, but with everything you probably pay for what you get.
Old    A.J. West (you_da_man)      Join Date: Sep 2009       06-27-2010, 11:09 PM Reply   
^^^Kinda like divorce attorneys (I've never been married but I know some good divorce attorneys and some friends of mine that got screwed by going cheap)
Old    Robert Mitchell (2006maliblue)      Join Date: Mar 2009       06-27-2010, 11:25 PM Reply   
Funny tidbit for California boaters. The law for DUI's has changed but the laws for boating and BUI's hasn't caught up.

If you drive a car and are pulled over for DUI you have a couple options Refuse the tests, resulting in an automatic failure, DUI, and forfeiture or your licsense or you can submit a blood or breathalizer for your official blood alchol level.

While boating you have a third legal option in the state of California. You can request urine! Why should you always reject the breathalyzer and Blood? Because in the state of California there are very few licsensed collection and test centers for urine anymore. I have good friends that are Sheriffs and Rangers and they have let me on to this secret. I was told if i was stopped at Anderson lake it would be 3-4 hours plus before they where able to get me to a licsensed testing facility. Which means if I'm not polluted to the point I can't function by the time I get to a testing facility I should be well below the legal limit. Just make sure if they stop you in California you tell them you have no problems submitting to there testing however insist that Urine is the only thing you can do because you are afraid of needles! Its completly legal and works! Unfortunatly this loop hole does not exist when you are driving a vehicle, urine is not an option!
Old    Robert Mitchell (2006maliblue)      Join Date: Mar 2009       06-27-2010, 11:28 PM Reply   
P.S. A BUI in California is not the same as a DUI in a car but the same as a wet and reckless in your car. In fact DMV isn't even notified of the conviction. Just a little tidbit for the uninformed boater in California. It still sucks and is expensive and you don't want to get one but not as serious as a DUI
Old    Bu Coo (brett564)      Join Date: Jul 2006       06-27-2010, 11:37 PM Reply   
Sorry but the Water Pig is going to chime in soley with a professional opinion.

The thought of obtaining a warrant for a breath sample is making me laugh. I'm trying to picture forcing a breathalizer into someone's mouth. What will happen is a forced blood test, which doesn't require a warrant. In California if you refuse a chemical test, a blood test may be, and ussually will be forced. That means being held down while a nurse sticks a needle in your arm. What makes it worse is when the prosecutor says to the jury "If you wern't intoxicated, wouldn't you want to prove that to the police and not go to jail?" Usually, refusing a chemical test makes the overall punishment worse. And in California DMV automatically ups your license suspension from 4 months to 1 year. (This happens in a DUI, not a BUI since you don't need a license to boat here)

Where I work I generally tell people who I've arrested the following if it applies. As long as you've been arrested for a misdemeanor DUI (nobody got hurt), this is your first DUI arrest (for the vast majority it is) and there is no enhancing issues (greater than .20 BAC etc.), skip the private attorney. Everyone's first DUI penalties and punishments are the same around here, and I would imagine most places. DUI attorney's are the worst of the worst. They will lie and lie and promiss the world to their clients, the entire time knowing what the outcome is going to be. Remember these attorneys are in the business of making money. They do this while collecting your money, telling you that you're looking at prison time (when you are not), looking at massive fines (when your looking at the same fines every first offender gets), etc. I once ran into a man I previously arrested for a first offense DUI. His private attorney actually told him they got his BAC lowered from a .14 to a .08, and therefore only got him classes, fines, and a few weekends of work time. I felt bad for the guy because he believed all of this.

From 10 years experience of going to court, I've never seen private DUI attornies do anything different than the public defenders do. Additionally, my wife got a DUI a while back, and the private attorney did nothing different, and we only ended up spending more money over the whole ordeal.

This is an honest opinion. Of the hundreds I've arrested for DUI/BUI, I can say the majority are good normal people who made a dangerous mistake. For these people the first arrest is usually the last. So by giving this advice, I'm not trying to further some self serving bow down to the Po-Po conspiracy, Getting a private attorney over a public defender may be a good idea in many criminal circumstances, but in my opinion, not in most basic DUI cases. I'm just trying to give some honest advice. Sorry if this was a little long. Good luck.
Old    Robert Mitchell (2006maliblue)      Join Date: Mar 2009       06-27-2010, 11:56 PM Reply   
But let me ask you a question officer, I mean "Mr. Po-Po" why refuse to take any test when you can volunteer for a Urine in a BUI situation? How long would it take you to transport and locate a testing facility for Urine from Lake Elsinore? It is still on the books that Urine is a viable alternative to blood and breathalyzer for BUI's! I understand for a DUI you lose the option to give Urine!

Peeing's where its at! lol
Old    Bu Coo (brett564)      Join Date: Jul 2006       06-28-2010, 12:26 AM Reply   
I'm not sure what your question is. Urine has never been an option for alcohol testing in at least 10 years I've been working, it only is for drug testing. Urine is only useful to show that you have been drinking, but it can not tell you what your current BAC is. And I'm not sure what you mean by transporting and locating a testing facility. If you take a breathalizer we find out right there what the BAC is. If you do blood or urine (drug use only), that sample is sent to a lab for testing. The results come back in a few weeks before your court date is.
Old    K Money (blowhole)      Join Date: Nov 2009       06-28-2010, 6:54 AM Reply   
P.S. A BUI in California is not the same as a DUI in a car but the same as a wet and reckless in your car. In fact DMV isn't even notified of the conviction. Just a little tidbit for the uninformed boater in California. It still sucks and is expensive and you don't want to get one but not as serious as a DUI

^^
this is what the officers told me when i was pulled over. they said that it is not the same and that its "more of a slap on the wrist" and that it would not be going on my record. that being said they still printed me and took pictures. I was cuffed and taken to the station and my boat was towed. They also said that if I get a second offense chances are that the officers wouldn't know about the first unless it was the same guys that pulled me over. But when I go to court the penalties would be much steeper. (Wouldnt this mean there is some kind of record??). I want to believe them but how can this be true? Maybe they just said that to keep me mellow and from flipping out. I also am worried about getting a private attorney b/c it will cost a fortune and perhaps the outcome will be the same either way as stated above. In my case it just seems like a waste of time, yes i was over the limit but only by .02 and i was coming from a place where there were over 200 boats tied together and people were plastered. If they had let me go there is no doubt in my mind they could have stopped someone that was far more reckless and intoxicated than me idling by. But thats all in the past and I am just looking for the best way to deal with this situation. thanks for the responses
Old    Steve Oh (olskooltige)      Join Date: Mar 2007       06-28-2010, 7:02 AM Reply   
Urine test will give back results for the past few days. You could have been hammered yesterday, sober today, and fail a urine test. They are probably not used for BWI or DWI testing for that reason.
Old    Chattwake (chattwake)      Join Date: Jan 2010       06-28-2010, 7:09 AM Reply   
Coming from an attorney who doesn't practice criminal law, but who does hit the lake every weekend with friends, and who has reviewed the BUI laws for my jurisdiction and some other jurisdictions, if you know you're over the limit, in most cases it is always better to refuse the tests. BUI refusal penalties are much lower in most jurisdictions.

As for whether you should hire a lawyer, if you have the money, you should. However, you should do your research on the front end to make sure you are hiring an attorney who is worth the money. There are several prominent criminal defense attorneys in my town who routinely beat DUI's / BUI's. Don't let anyone tell you that good lawyers can't get you out of trouble or reduce applicable penalties. If you don't know anyone in the legal community, call the criminal court clerk's office and see who the clerk would recommend. A good criminal attorney will have a well known reputation.

Of course officers hate attorneys and will tell you they are not effective because it is an attorney's job to point out every mistake that any officer(s) involved has made. Sometimes mistakes are made, sometimes they aren't. Sometimes, extenuating circumstances will influence a judge or a DA to reduce applicable penalties/fines even if you are 100% guilty. Representing yourself typically means you will not get the same result you would get with a good lawyer.
Old    Steve Oh (olskooltige)      Join Date: Mar 2007       06-28-2010, 7:19 AM Reply   
I trust cops more than I trust lawyers.

Cop used words like: will, won't, must
Lawyer used words like: most, much, routinely, sometimes.

I can't think of a single person I know, including me, that doesn't feel like they got fisted by their attorney when it was all said and done. Last time I was in court with an attorney, the judge told the attorney to shut up if he had nothing beneficial to add. I still had to pay him. I have a close friend that is lawyer, and he'll be the first to tell you they are scumbags.

Disclaimer: I wouldn't have posted this, but the attorney included the last paragraph in his post, so it opened up personal statements for the topic at hand.
Old    K Money (blowhole)      Join Date: Nov 2009       06-28-2010, 7:24 AM Reply   
i was aware that i could refuse but i thought that i would lose my drivers license for 6 months automaticly [like if you refuse breathalizer for DWI] and figured my boat would be impounded. also i didnt think i was over and thought for sure that by the time i got to the station that my bac would be under... which it wasnt
Old    Adam Curtis (acurtis_ttu)      Join Date: May 2004       06-28-2010, 7:27 AM Reply   
A good lawyer is worth the money IMO.

you don't want this on your record. It will haunt you later on down the road.
Old    Cody (loudontn)      Join Date: Feb 2005       06-28-2010, 7:27 AM Reply   
The reason the cop is in trouble is because he uses words like will, won't, or must when he shouldn't. See: Miranda v. Arizona, or United States v. Patane.
Old    Chattwake (chattwake)      Join Date: Jan 2010       06-28-2010, 7:30 AM Reply   
Hiring a lawyer is like buying a used car. If you don't do your research, sometimes you get a lemon. Sometimes you do your research and you still get a lemon. Sometimes you just luck out and get a great deal. It is what it is. I would never hire a lawyer, or go to a dentist, or hire an accountant, or have surgery, without doing my homework on the individual involved. There are good and bad lawyers in this world just like there are good and bad contractors, bank tellers, restaurant managers, bartenders, etc.
Old    Steve Oh (olskooltige)      Join Date: Mar 2007       06-28-2010, 7:38 AM Reply   
I agree, but I don't think that changes the fact that the majority are scumbags when it comes to doing their jobs.

This guy was over the limit, knows he was over the limit, broke the law, doesn't think anything was handled wrong, but an attorney will tell him it all unicorn milk, rainbows, and tiger striped handbags and he's got nothing to worry about, knowing it's a lie.
Old    Chattwake (chattwake)      Join Date: Jan 2010       06-28-2010, 8:09 AM Reply   
Depends on the circumstances. Even if this guy was completely in the wrong, there's always room for negotiating a lesser offense or decreased penalties with a DA.
Old    Nickster (nar722)      Join Date: Dec 2003       06-29-2010, 1:22 PM Reply   
There are valid points from both mr. po po and mr. lawyer so sorting through all the info you get, you will still have a tough decision to make. I have had a couple of friends that have gone through the dui process in cali and they both lost. 1 had a lawyer, one didnt. They both paid fines and they both did work programs instead of jail. An attorney can determine better than you if there were any procedural loopholes or mistakes made in the arrest process. One suggestion would be to go to court and sit in on a few arraignments for dui/bui. That will give you an idea of what is really happening, then make your decision based on what you see first hand of the legal system in your area. You will learn alot. Good luck
Old    "G" (grant_west)      Join Date: Jun 2005       06-29-2010, 1:46 PM Reply   
I like how this thread hasnt turnd into the typical BUI thread where someone who (is perfect and never has broken the law or done anything wrong) comes in and tells this person or that how wrong they are and they should go to jail ect. ( These seem to be the same people that call a woman in a Bikini 1/2 NAKED) There has been a good exchange of information with out anyone passing jugement on anybody. Thats what this place should be about. That being said please be safe out there this comming 3 day weekend. Remember it only takes a few beers to blow over the legal limit "EVEN IF YOU FEEL FINE". It dosent matter if your only going 5mph, over the limit is over the limit and the law will have no choice but to roll you up and your weekned and several thousand dollars are down the drain. See if you can take turns with a friend over the weekend opperating your boat. Make sure you have a sober driver so you can enjoy yourself and not have to worry about looking over your sholder.
Old    PAUL (pnichols)      Join Date: Jan 2007       06-29-2010, 2:07 PM Reply   
I have a friend who recently got a DUI, and blew a .080, which is the limit in Ohio. Had he not hired an attorney he would have been found guilty. His attorney found a number of mistakes the officer had made, and the end result was all charges were dropped.
Old    Ozark King (onthewatermo)      Join Date: Jan 2008       06-29-2010, 2:18 PM Reply   
I've never been stopped but live on the water and had a solid criminal defense attorney tell me the best approach if you're a first time offender IN MISSOURI (check your local laws for applicability):
1. Let them know you've been on the water all day in the boat and sun ('round here, their manuals recognize something called, "boater fatigue" which can mimic the effects of alcohol and is brought on by fun in the sun).
2. If they ask if you've been drinking and you have, it was suggested "half a beer, 15 minutes ago" (that way, you still would have 'mouth alcohol' present if/when tested and you're admitting that you do have alcohol in your system but the amount is within the legal limit).
3. If they ask if you'll take the portable breath test, IN MISSOURI, you will because it is admissible in court to show only that you have alcohol in your system...the actual reading is not admissible and you've already admitted there's alcohol in your system.
4. At that point if they say they're charging you with DWI and take you in, refuse their station breathalyzer...now if they want to prosecute you, all they have is that you admitted to half a beer (which the portable field test confirmed), you were suffering from boater fatigue, and you refused to blow at the station. Doesn't sound as though they can reach the standard of guilt beyond a reasonable doubt with that evidence.
5. Again, the above was in reference to Missouri based on a conversation I had and not legal advice.
6. Try to avoid making generalizations about entire professions.
Old    mojo            06-29-2010, 2:29 PM Reply   
thankfully on my river all we get is a wave. they know we are the most competent people operating a water craft and never bother us even if we have a few drinks on board. we do have enough life jackets, and everything else to be legal, but like i said all we get is a wave or a nod. we always have the same couple guys where we ride and know them. if you can you should stop and talk to your police one day. it usually makes a big difference.
Old    Bu Coo (brett564)      Join Date: Jul 2006       06-29-2010, 6:07 PM Reply   
Grant had another of a long line of solid posts earlier, and I will do my best to keep this thread professional and informative. Andy had a few points that I will give the other arguement to. Missouri is far away from California, but I would imagine most of the laws would be similar if not the same.

1. I've heard of boater fatigue brought up by BUI attorney's in court. It is similar to driving fatigue for truckers. It is an arguement a defense attorney could bring up. Problem is no matter how much fun you've had, the sun and fun does not mimic the odor of alcholic beverages on your breath, slurred speach, belligerent behavior, etc.
2. 95% of people lie during this question anyways so it is kind of pointless. 15 minutes is the generally accepted rule of how much time it takes for mouth alcohol to vanish. In reality it is closer to 3 minutes, but 15 minutes is what is normal in court. But no matter what you say, it will usually take well over 15 minutes to blow into a PAS device from when you were first contacted, so this point is mute.
3. In California the PAS devices or EPAS devices show a good reading of what your BAC is, which is used in court. I can't speak for Missouri, but it is surprising that its the opposite there. Maybe someone else can second or deny.
4. There is generally alot more that which will be brought up in court. All of the objective symptoms of being intoxicated by alcohol, .i.e odor of it on your breath, slurred speach, red watery eyes, lax face, poor gross motor coordination, slow reaction to questions, etc etc... They would also have the PAS device reading (in California atleast will show your BAC). Also they would have the field sobriety test performance. Also that original arguement of "Why would someone who isn't intoxicated refuse a chemical test?" Remember a jury of your peers doesn't mean the same type of people as you. It is usually generally responsible people who chances have either had a first hand experience with a drunk driver, or know someone who has.
5. Yes, I can't speak for Missouri, but it shouldn't be that different than most places.
6. Your right, Many attorney's are great people responsible for great things. Most of our presidents were attorneys. Unfortunately DUI attornies are not generally in that honorable group from my experience. There is always an exception to every rule, but this is based off of my experience professionally and personally.

I have a feeling this arguement could go on and on. I don't mind and will easily and professionally answer any honest opinions and questions asked and given. Best honest rule of thumb is not to drink and drive a boat. If your going to do it, beer water water, beer water water etc. Stay safe.
Old    Brian (TXSurf) (bac)      Join Date: Feb 2008       06-29-2010, 6:52 PM Reply   
Quote:
Originally Posted by blowhole View Post
......they said that it is not the same and that its "more of a slap on the wrist" and that it would not be going on my record. that being said they still printed me and took pictures......

I would be really surprised if this is not on your record. With an attorney, you may be able to try and work something out with the judge with the charges to have them expundged at a later date (if you can do that in California, I would assume so). I know in Texas, once you're fingerprinted and photographed, you have a record, unless that is you work out a deal with the judge and prosecutors.
Old    Adam Curtis (acurtis_ttu)      Join Date: May 2004       06-30-2010, 9:52 AM Reply   
^^^ Brian you have a two records...an arrest record, and a conviction record. It is possible to get both expunged, but rarrely happens.

I have had a BWI in Texas, about 6 years ago. I hired a lawyer. with out a doubt a good decison. I was not doing anything stupid or wreckless at the time. I made a bad choice, and payed the price.

BWI/DWI laws are identical in Texas.

If you have questions, feel free to PM. I spent 5 years battling it....I learned alot.
Old    PAUL (pnichols)      Join Date: Jan 2007       06-30-2010, 10:58 AM Reply   
^^^What mistakes if any, did you make while getting pulled over (besides drinking) and how could you have handled it better?
Old    mojo            06-30-2010, 12:40 PM Reply   
mp's don't need a reason to pull you over.
Old    Mike R (madriding1)      Join Date: Sep 2008       06-30-2010, 12:57 PM Reply   
I keep a copy of this card in my boat.

DRIVERS RIGHTS CARD
NOTICE TO OFFICER


Please keep this official notification for your records.

1. I herewith tender my driver's license and proof of insurance.

2. If I am not in custody, I understand that I do not have to answer any questions or volunteer any information. Therefore, I choose not to make any statements or answer any questions. Furthermore, I choose not to take any voluntary roadside field sobriety evaluations or any handheld breath tests.

3. I have committed no crime and respectfully request that my driver's license, insurance card, and any other of my documents in your possession be returned to me immediately.

4. If I am not allowed to leave at this time, I will assume that this is more than a brief investigatory stop and that I am in custody (under arrest). I therefore invoke my RIGHT TO REMAIN SILENT including my right not to take any of the aforementioned roadside field sobriety evaluations.

5. Without waiving any deficiencies in the statutory procedures or the implied consent notice, if I consent to any official state tests of my blood, breath, urine, or other bodily substance, I further request that I be allowed to take an independent test at a private medical facility by personnel of my own choosing and at my own expense.

6. I DO NOT CONSENT TO A SEARCH of my person, my vehicle, or any of my property.

7. I INVOKE MY RIGHT TO A LAWYER and request that I be allowed to call my attorney.
Old    Timmy! (timmyb)      Join Date: Apr 2007       06-30-2010, 1:59 PM Reply   
Mike R, is all that legal? It sounds legit...
Old    Steve (NuBu)      Join Date: Apr 2010       06-30-2010, 2:03 PM Reply   
I know this is slightly off the subject but I have seen the portable breathlizer kits for sale for pretty cheap. Has anyone ever bought them or tried them before? I was thinking this might be worth the investment.
Old    Jeremy (wake77)      Join Date: Jan 2009       06-30-2010, 2:11 PM Reply   
"Mike R, is all that legal? It sounds legit..."

Don't you have to produce a USCG approved floatation device for every person on board as well as a fire extinguisher?
Old    Bill K (bill_airjunky)      Join Date: Apr 2002       06-30-2010, 3:20 PM Reply   
Get a lawyer. Cops are scum...... just as much as lawyers.

I got a DUI a few years ago. I was not in the truck, but had the keys in my pocket & was tanked. I didn't blow in the field, but still blew over the limit in the police station. They busted me for "intent to drive" under the influence. My lawyer cost me over $5000..... and he CRUSHED the DA's case. The judge was PISSED that it even made it to court.
It was almost painful to watch...... till I walked out of the courtroom.

A few years before that I was driving a rental car across Mercer Island & was pulled over for speeding (I was guilty). After running my license, they hauled me out of the car, cuffed me & put me in the back of the cop car. I spent 18 hrs in the county jail. The charge was that they had an outstanding warrant for my arrest. Coincidentally the Seattle Times did a front page story on the overcrowded jail situation that week.
The next day they released me with no explanation. I walked across the street from the jail & into a lawyer's office. They made some calls, found out that I had been arrested on a warrant that had been issued because I had not paid a speeding ticket. 10 minutes later we had proof that the speeding ticket fine had been paid in full, before the warrant was ever issued. 3 weeks later we had a settlement from the State Patrol for $3600 for false arrest.

A couple years ago a buddy of mine was in a horrible boating accident where a guy in the other boat died. The Bonney Lake Police Dept arrested him for BUI. He refused to blow the field test. Later he blew the test in the office & was a .04, well below the allowed level of .08. The police & news media crucified him anyway. And WW forum members lambasted him bad, really bad. That case is still pending a court hearing but the truth is already coming out. He wasn't drunk, not even close. The other boat was full of four 50 something yr old men, 2 strippers (who were naked at the time of the accident, a ton of tequila & beer bottles, and a bunch of coke. The guy who died, his BAC came in at .22, well over the .08 allowed. Plus they reenacted the accident & it appears that the dead guy's boat did not have any lights on at the time. None of this justifies the accident, but it definitely says something about how a case can be handled so that one guy is basically screwed before he ever gets a fair trial. I just hope the trial brings all the truths out soon.

Get a lawyer. At least he'll make sure the truth is exposed. The cops sure don't give a damn.
Old    "G" (grant_west)      Join Date: Jun 2005       06-30-2010, 3:31 PM Reply   
madriding1: Not sure if I understand what your saying in your post. Is what you posted somthing you hand to cop's when you get stoped? Have you ever handed it to a cop that pulled you over?

For some reason I can see this NOT as a get out of Jail card. Its great that each and every person to know your right's. Know for sure what and what you can refuse and what you cant. What's legal and whats not each state is diffrent and each and every stop is diffrent. Dont think your gonna get some legal advice from some person on a fourm and your gonna go up against some one(a cop) who does it for a living, What do you think your odd's are gonna be trying to play Lawyer with a cop who dose it for a living after you have had a few drinks. Me giving anyone here legal advice is worth what you pay for it "Nothing" because of each state and county having diffrent rules or regulations advice given here may help you or it might help you.

Advice I can give that is pretty much state wide and can help is this. If your over .08 and you get stopped you have a 99.9% chance of getting a BUI or DUI. And there is No for sure advice anyone can give you to let's say "get out of it" Even if you are under the limit your still not off the hook. Depending on what you OR your PASSENGERS are doing they can get you with reckless boating. Example. Your under the legal limit driving 5 mph but your passengers are sitting on the gunnals Or swim deck Or your playing music to loud Or your LED's are the wrong color Or all of the above your gonna get the Free "Saftey Inspection" and then is when you rool the dice and will learn your fate. Its pretty easy for a cop to spot weather you have been drinking or not. If your driver is sober then most of the time your down the road with a simple get that fixed or stop doing that.
I guess what over all Im trying to say is time and place. I love to party. Put your boat away and let it rip. But getting your drink on and driving back and forth to party cove or all over the lake especially on a 3 day weekend is a bad idea. Like I said have a buddy help you out switch days when you captin the boat. You wil have more fun not having to worry.
Old    Craig F (craig_f)      Join Date: Feb 2008       06-30-2010, 8:26 PM Reply   
Steve: a friend of mine bought a portable breathalizer, and his roommate is a cop, after MUCH experimentation we determined that as long as you change the sensor regularly it is pretty damn accurate. I would also say it is a waste of money, trust me the novelty wears off quick!
Old    Ozark King (onthewatermo)      Join Date: Jan 2008       06-30-2010, 8:37 PM Reply   
(starting a slow clap for G's last paragraph)...once again for the slow ones (best advice EVER):
Quote:
I guess what over all Im trying to say is time and place. I love to party. Put your boat away and let it rip. But getting your drink on and driving back and forth to party cove or all over the lake especially on a 3 day weekend is a bad idea. Like I said have a buddy help you out switch days when you captin the boat. You wil have more fun not having to worry.
Old    Peter T (deltawake)      Join Date: Sep 2004       06-30-2010, 9:51 PM Reply   
Quote:
Originally Posted by blowhole View Post
I was idling my boat from a bay, not like I was driving out of control or dangerously. The cops called it a checkpoint. Got checked and blew a 1.0 (just over the limit). Got my boat towed and I was cuffed and placed in a car and taken away. Not cool..... My question is should I get a lawyer or should I just show up to court and hope for the best what a sucky situation.
If you don't want a DUI/BUI, don't drink and boat. If you were over the limit, suck it up and take your penalty, and stay off of the waterways when you're drunk. The rest of us shouldn't have to worry about impaired boaters like you possibly injuring or killing our families and friends. Obviously any remorse you have is for the fact that you got caught rather than appreciation that the cop stopped you from possibly killing yourself or others. If I were the judge and I saw this thread, I'd throw the book at you. And please don't try to tell me that you're not impaired at .10.
Old    K Money (blowhole)      Join Date: Nov 2009       07-01-2010, 5:52 AM Reply   
i am just looking for advice here. thanks for all the responses. yes i was wrong stupid and i will never be driving my boat again if i plan on drinking. its not a good feeling to get pulled off your boat cuffed and taken away while you see your 20k+ boat floating dead in the water waiting for a police tow. mainly i just love wakeboarding but me and a buddy hit the party scene on the water for the day and it cost me. the main thing im deciding right now is attorney or no attorney. i will post updates as this mess plays out.
Old    Chattwake (chattwake)      Join Date: Jan 2010       07-01-2010, 6:20 AM Reply   
I agree with being smart when boating.
If you're too drunk to operate your boat, stay anchored if your not home and wait it out or call a buddy to come tow you in.
There have been several times when we've taken several boats to bars/restaurants on the lake and only one of us ends up being sober. We've ended up towing two boats home in a row behind my 230 and piled everyone on my boat (at or under the 16 person limit) and let the one sober guy drive/idle the whole way back. If we got stopped, which we haven't yet, i quess we could get hassled about idling while towing two boats at once, but no one would get a BUI.
Old    Adam Curtis (acurtis_ttu)      Join Date: May 2004       07-01-2010, 6:39 AM Reply   
Paul, first mistake I made was drinking....even a few beers and operating a boat. In hindsight I was prolly under the legal limit (according to the report the jailer noted no signs of intoxication), but didn’t' want to take any chances. I was beyond courteous and respectful to the arresting officer. When I asked to blow I would have pleaded the 5th amendment. This is neither a "yes" or no response. It may piss off the officer, but in Texas a refusal to blow...you lose your license for 6 months, auto matically.Other than that I thing I did almost everything right, according to my lawyer. Like I said earlier, I made a bad choice. I got caught, I paid the price.

Peter I completey agree with what you said.. I think most rational people know it’s not a good idea to drink and drive, but I look at the positive of this thread. Maybe one person, just one will read this thread and not drink and drive over the holiday weekend. This thread may have saved a life????
Old    K Money (blowhole)      Join Date: Nov 2009       07-01-2010, 7:55 AM Reply   
This thread may have saved a life????

^^
I wouldnt go that far.... look at the other thread on here about whats the best boat drink and recipies.

its just one of those things that you dont think will happen to you.
Old    Jeremy (wake77)      Join Date: Jan 2009       07-01-2010, 8:58 AM Reply   
^^ I agree. How can anything good come out of taking PGA onto a boat? The only thing missing from that thread is Jaeger-bombs.
Old    Peter T (deltawake)      Join Date: Sep 2004       07-01-2010, 9:21 AM Reply   
Quote:
Originally Posted by blowhole View Post
i am just looking for advice here. thanks for all the responses. yes i was wrong stupid and i will never be driving my boat again if i plan on drinking. its not a good feeling to get pulled off your boat cuffed and taken away while you see your 20k+ boat floating dead in the water waiting for a police tow. mainly i just love wakeboarding but me and a buddy hit the party scene on the water for the day and it cost me. the main thing im deciding right now is attorney or no attorney. i will post updates as this mess plays out.
Sorry- did not mean to be harsh. It sounds like you are having a thoughtful and appropriate response to the situation. Learning from mistakes is a good thing.
Old    Mike R (madriding1)      Join Date: Sep 2008       07-01-2010, 11:18 AM Reply   
I live in Colorado and I am sure every state is different. In no way is it a "get outta jail" free card. Its to remind the cops that you still have rights. Number one being the right to remain silent. Also in Colorado they do not have the right to "seize" your boat. See 33-13-105. Seizure of vessels by officers.
All I'm saying if you know you wont pass a breath test its better to hand them the card and keep your mouth shut at that point.
Old    wakeridinrob            07-01-2010, 11:30 AM Reply   
Quote:
Originally Posted by madriding1 View Post
I keep a copy of this card in my boat.

DRIVERS RIGHTS CARD
NOTICE TO OFFICER


Please keep this official notification for your records.

1. I herewith tender my driver's license and proof of insurance.

2. If I am not in custody, I understand that I do not have to answer any questions or volunteer any information. Therefore, I choose not to make any statements or answer any questions. Furthermore, I choose not to take any voluntary roadside field sobriety evaluations or any handheld breath tests.

3. I have committed no crime and respectfully request that my driver's license, insurance card, and any other of my documents in your possession be returned to me immediately.

4. If I am not allowed to leave at this time, I will assume that this is more than a brief investigatory stop and that I am in custody (under arrest). I therefore invoke my RIGHT TO REMAIN SILENT including my right not to take any of the aforementioned roadside field sobriety evaluations.

5. Without waiving any deficiencies in the statutory procedures or the implied consent notice, if I consent to any official state tests of my blood, breath, urine, or other bodily substance, I further request that I be allowed to take an independent test at a private medical facility by personnel of my own choosing and at my own expense.

6. I DO NOT CONSENT TO A SEARCH of my person, my vehicle, or any of my property.

7. I INVOKE MY RIGHT TO A LAWYER and request that I be allowed to call my attorney.
I bet your fancy lawyer didnt tell you about one of the oldest tricks in the book. An officer can seat you in his car and keep you until the investigation is over. After about 5 min of being in an elcolsed car , you will exhale and fill the car with an alcohol smell. Your best bet is to tell the truth. Officers are not stupid. They have heard,seen, smelled it all.
Old    wakeridinrob            07-01-2010, 11:31 AM Reply   
P.S. You are scum if you do drink and drive over the limit.
Old    Mike R (madriding1)      Join Date: Sep 2008       07-01-2010, 12:15 PM Reply   
Quote:
Originally Posted by wakeridinrob View Post
P.S. You are scum if you do drink and drive over the limit.
Good thing I dont.
Old    Adam Curtis (acurtis_ttu)      Join Date: May 2004       07-01-2010, 2:24 PM Reply   
Quote:
Originally Posted by wakeridinrob View Post
P.S. You are scum if you do drink and drive over the limit.
Grant...... ( per your stmt above) it's starting, lol.

Let's not talk about scum, unless your going to church 7 days a week, spend all your free time helping others and donating all your money and worldy posessions to charity, ect.

I try my hardest not to judge people. They are human, they make mistakes.
Old    WakeMikey (wakemikey)      Join Date: Mar 2008       07-01-2010, 3:33 PM Reply   
Actually the Supreme Court just changed the law so you verbally have to assert your right to remain silent and not answer any questions. For example, say, "I invoke my right to remain silent and not answer any questions without a lawyer." It sounds odd to SPEAK to say you wont talk, but that is that the AP article said. Otherwise they will continue to question you and use anything you say against you (if you speak by accident).

The haters in this thread can suck a fat one.
Old    Bryan (carter13)      Join Date: Feb 2009       07-01-2010, 5:52 PM Reply   
Mikey you are right. If an officer asks if you have had any alcohol to drink it is in your best interest to say " I want to speak to my lawyer." No matter what they say after your request just repeat it. This is information that came from a local lawyer from a friend of mine.
Old    Bu Coo (brett564)      Join Date: Jul 2006       07-02-2010, 1:36 PM Reply   
I'm here again.

I would agree to keep your mouth shut and invoke your right to remain silent is probubly the best thing to do... IF you know you're in violation of a law, and getting arrested is probubly inevitable.

The problem with not answering questions and not doing FSTs, is you're not going to give your side of the story, and your not going to give the officer answers that may very well save you from going to jail. Otherwise put, the officer, erring on side of caution, will probubly arrest you when there may have been a good chance he wouldn't. if you had answered questions and done FSTs.

If someone is honest with my questions of how many drinks, when they drank, the type of drinks, etc. and after completing FSTs, and it makes sence that the person is not over a .08%, I let the person go. I don't want to arrest someone who has shown me they are not in violation of the laws. Most of the time in the cases of simple traffic stops, cops don't want to go through all of this trouble of an arrest for a case which is going to get dropped by the City or District Attorney because the BAC came back lower than .08%. Cooperating with the investigation may easily prevent you from going to jail, when the cop has completely evaluated you. Not cooperating by not answering questions or not doing FSTs will substantially increase the chances you're going to jail.

Now if you know you're over a .08% BAC, sure, not answering questions or doing FSTs may be the right thing to do for you, knowing that you're probably going to jail no matter what you say or do. Just remember, if your going to go this route, follow lawful orders given by the cop, i.e. "step out of the car" "put your hands on your head" "seperate your legs" "produce your license" etc etc. Failure to do these type of things can easily escalate the situation to where force can be used. Niether side usually wants that to happen. A proper thing to say may be "I respectfully decline to conduct field sobriety tests or answer further questions." Each time someone has said something like this to me, I understand, and I do not take it personally. I can't think of a person who said this who didn't get arrested though, and who wasn't obviously over the legal limit, but a statement like that will get the point across without escalating the encounter.

Good luck.
Old    Andy Graham (ottog1979)      Join Date: Apr 2007       07-02-2010, 2:20 PM Reply   
Well said, Bu Coo. I can appreciate your candor.
Old    John M Hall (skyski1)      Join Date: Jan 2008       07-02-2010, 9:35 PM Reply   
A friend of mine used to say really smart stuff all the time. Stuff like "don't do it and you won't get caught". ....and....."hang with people who are smarter than you and you will never have to learn the hard way" You have to admire how simple it can be if you don't over think it.

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