[Mick]

if you are in the car with the keys on you (inside the car with you) then you can get a ticket for DUI! if the keys are in the trunk then you are all good

I would talk to a lawyer about this before banking on it, I don't think this is correct.

I have heard of folks going out to their car, deciding better of driving, walking back to the house and depositing their keys in the mailbox. Then, crashing in the back seat. I think the idea is that they are in the car, but presently have no ability to drive it as the keys are somewhere else. If the keys are in the car with you (like in the trunk) you are still DUI. The keys being in the mailbox some distance away is akin to giving your keys to someone else so that you cannot drive. Again, I would talk to a real lawyer before banking on this, but I have read it is OK.

[DireWuff]

Wow, sounds like the posession may not be a problem. Get a good lawyer first, he will find out what you are being charged with, and I can assure you he will not, nor will you, disclose anything about "the Dude". I don't know if the GHB argument would work since you will have other substances there as well. Wish you'd not have blown, but it being your first it won't be that bad even if it sticks. Mostly don't worry, and don't let it bother you, no big deal.

[CaptainTrips]

I know a friend of mine who got a DWI cause he was sleeping in his car with the keys in the car. The key is definitely to not have the keys with you. Not in the car, not in the car!

I know for me Ive lived my lesson and paid my dues. And it taught me. I drove once when I shouldnt have . . . . even though I had slept a whole night and missed my favorite local jam/ska band dedicating a Shakedown Street cover to me. What a fool I turned out to be, eh?

Then I decided to drive in the morning and got pulled over. I blew just at the legal limit, like a 0.08. But that was enough to take me in. Not to mention that I was driving with a car with "stolen" plates (old plates from a buddies car) and my car might not have been properly documented. Also my license was sort of suspended. And I had possesion of some herb and underage possession of alcohol. Very very stupi I know, but I learned my lesson. I walked everywhere including gigs with a guitar on my back for two years. There were some gigs that were like five or six miles each way. Id play, have a few drinks and take off for a five mile hike in the dark.

Thats how you learn a lesson man. Ill never fuck around again. Not worth it. Now I live in Arizona where the laws are much rougher. Any possession of marijuana is a felony! They say that they will drop the first charge down to a misdemeanor but still thats rough. And if you are found drunk driving you automatically spend ten days in jail. Talk about a deterrent. Luckily there is a good bus system and you can always rip shit up drunk on a bike but technically you could get a driving under the influence on a bike too.

The moral of my rant is embrace the pain and the experience and learn from it. You make mistakes for a reason to learn. You suffer for a reason, to learn. Good luck bro.

[Emoto]

Get a good lawyer ASAP.

Don't carry illegal drugs around with you and don't drink and drive.

[hotasaPistol]

My lawyer buddy has given me this advice: never admit to anything ever, ever, ever.
If your state has the options of breath, Blood, or urine testing always take the blood.........you may end up in jail for 3 days....he says its better if you do the 3 days and don't post bail.....then here is the kicker when you do go to trial and he asks to have the blood sample retested ....it comes back less than the original....and he has something to work with to get the charges dropped or reduced...something about the alcohol evaporating when they reopen the blood sample...dirty lawyer tricks.....however the best advice is to not put yourself in that position in the first place...
Might want to check out your states law to find out if you have the option......also I learned a long time ago from experience that when they do a roadside test and ask you to look at their finger and follow along with your eyes they can tell pretty close how you will test by the amount your eyeballs twitch when following their finger...no bull
Good luck

[gr8fulbluz]

2 drinks and a shot gave you a .16? Is that even possible?

That is what I was thinking. Depending on your weight and the strength of the drinks that sounds pretty high.
here is a web based calculator from the University of Oklahoma police for info.


http://www.ou.edu/oupd/bac.htm

One of my favorite things about living in a city is public transport. It is one of the reasons I haven't moved for the last 7 years even though I can barely afford it here.

Everything will work out you'll see.
B'careful out there!

[amyjared]

This sounds like a devastatingly bad idea to me. Here in NJ, if you wrecked your car and the cop drives up and you are sitting there drinking a pint of liquor, you will be up shit's creek in about 10 seconds flat. The definition of drunk driving here does not specify that you must be operating the vehicle at the time. It has been in the papers numerous times about folks going to parties, getting really drunk, deciding the better of driving home and crashing in their backseat to sleep it off, the next thing they know, the cops are hauling them off for DUI because they were in the car and drunk. Maybe the law sucks, but that is what it is. By the way, if you follow the above here, you will not only get DUI, but a citation for an open container in your car, probably another citation for drinking in public, and yes, you will lose your license for a year for refusing the breathalyzer. Before doing something like this, you need to ask yourself, "how much trouble do I really want to get in?".

I understand what you're saying, but what the lawyer told me is that if you are in a wreck, get out of the car, get the pint out and start hitting it and explain that you were shaken up and it was to calm you down. The deal is that they then can't prove that you were drunk (or sober) during the wreck, since you were drinking when they came upon the scene. Yes, you may get open container ticket but that is so mild compared to the DWI and other charges. So is losing your license for a year, which is what happens when you take the breathalyzer and fail and get convicted of a DWI--you lose your license and spend time in jail, and pay a hefty fine and often have to take classes, etc. Much easier to deal with smaller fines/offenses. At least this is what the lawyer told me (and always keep your mouth shut). And lastly, the problem is often that you are not thinking straight when all this happens, so to have a plan and stick to it is often the best route to take. I agree that it's not the best option, that would be to avoid drinking and driving altogether, which is what I try to do, Just passing on the info.

[dpmphoto]

Drinking out of a flask from your glove box after being pulled over is probably one of the dumbest things I have ever heard.Geeze last add another $1000 ticket to your situation for open container.A refusal is fine but it ends up the same as a dui and DA"s hate refusals and will take an extra effort to cause you pain at least in NY. Your biggest problem is yet to be here unfortunately and that is the evaluation process at least for those in NY and many other states. They try to tie you up in rehab to make some money off you.So if you have to do an evaluation take someone you trust and have them lie there ass off cause in their eyes those that smoke weed are drug addicts and those that drink more than a 6 pack a week are alcoholics. You really don't want to become a prisoner of the rehab money making game, trust me I know . Good luck man learn your lesson and move on don't drive drunk or after drinking and keep the weed shit at your house

[setboy]

my opinion would be that you shouldn't be talking about it online where anyone can see it. And that would go to the guys talking about where they hide stuff too. Talk to a lawyer.

[CountryMile Cadillac]

Did you get the arresting officers name? If so look him up in the phone book, get his address, then wait till he is at home smoking and knock on his door. You might make a new freind....

[big_river_bum]

anyone ever see the cops episode where the guy is denying having had drinks or any drugs on him and the cops can't stop laughing because he has a joint in his ear

or the reno 911 where the cowboy is being made to do all sorts of goofy tests and do conga line steps in the straight line test and it develops into an all out choreographed dance and he looks to be scott free

"wow sir! you sure are a great dancer"

"naw, i'm just really drunk"

[pmonk66]

Each state's laws are different.

Hire a lawyer - public defenders are just to overwhelmed to give your case the attention it deserves

[LazyLightnin]

So sorry to hear your bad luck :( once you get into the system with anything borderline alcohal/drugs, your basically branded till death. Tuff luck.be prepared for fines and court cost up to a K. a 6 month liscence suspension plus reinstatment fees. and never drink and drive again. ive done it before and quite foolishly at that. Ill NEVER drive any vehicle under ANY alcohal influence ever again, for the rest of my life. I just dont party if i drive, and i plan a way to get a ride home safely or i stay in my apartment for the night.


DUI's are awful, i know ive learned my lesson. i got one and i didnt even get pulled over, and was never seen in my car. I had front end trouble and when i went to leave where i was hanging out it got worse and i couldnt continue to drive. so i pulled back into the parking space and called a tow. Well the tow guy thinks i smell like beer when he gets there, takes him a LONG time to hook up my car, ASKS me to leave my keys in the ignition, and calls police whike im waiting and im thinking im just getting a tow. The cops show up, and the tow guy tells them that i had tried to drive, cops gave me a sobriety test, and according to them i failed to walk in a straight line, in a snow covered icy parking lot with wind and rain blasting my face. then they find vicodin in my glove box(2 of them) that were left over from having my wisdom teeth taken out 6 months earlier. I stopped taking them cuz my pain went away, i forgot i still had them. Since the prescription date was a few months back i got hit with 2 level 4 narcotics possesion charges. even though i produced a legitamite Rx from my doc. Whats worse is that this happened on Xmas night(2 years ago). I blew like .02 over the limit, i had 3 draft drinks with co-workers. so its was .10. anyway, i did 10 days in Jail, not a city jail or county jail. I got 2 years probation. a year and 6 months later they got me on a random drug test and i got sentenced to 6 months! I went through a huge deal with my employer and roomates trying to figure out how to keep my job and home and car. So i go into jail, and they let me out the very next morning . my probation is up in april, and they test me every month now, but ive never failed it again , even though i continue to smoke. I pass my test with apple cider vinegar pills. i eat about 50-80 of them 3 days before the test. drink water all that night and the next day, then allow a day for my ph level to get up - bam clean urine/system. has never failed me for half a year now.

[Mick]

I understand what you're saying, but what the lawyer told me is that if you are in a wreck, get out of the car, get the pint out and start hitting it and explain that you were shaken up and it was to calm you down. The deal is that they then can't prove that you were drunk (or sober) during the wreck, since you were drinking when they came upon the scene. Yes, you may get open container ticket but that is so mild compared to the DWI and other charges. So is losing your license for a year, which is what happens when you take the breathalyzer and fail and get convicted of a DWI--you lose your license and spend time in jail, and pay a hefty fine and often have to take classes, etc. Much easier to deal with smaller fines/offenses. At least this is what the lawyer told me (and always keep your mouth shut). And lastly, the problem is often that you are not thinking straight when all this happens, so to have a plan and stick to it is often the best route to take. I agree that it's not the best option, that would be to avoid drinking and driving altogether, which is what I try to do, Just passing on the info.

Dude, seriously, I really don't like telling people what to do, or how to go about things. But, a couple of weeks ago, I was working out at my gym and saw two guys trying to move a giant soda machine and they obviously didn't know what they were doing. I knew how to move the machine properly, but didn't want to bust in on them and tell them how to do their jobs because I generally think people are jerks when they do the same to me, so I kept my mouth shut and my nose out of it. Later, as they continued to struggle, I noticed one fella get a handtruck under one side and climb up the back of it to use his body to increase the length of the lever arm to get the thing off the ground. Having a lot of experience in the area, I realized that should he succeed in tilting this machine in this manner, he would have no way to stop it and would end up either crushed underneath of it or pinned against the wall behind him by the weight of the machine (likely over 700 pounds). At this point, I had a decision: I could go over and tell the guys how to move the machine and look like a jerk, or I can stand by and watch a guy hurt himself when I knew how to prevent it, and thereby feel like a jerk. Luckily for those two, I chose the former.

I think this is another one of those times. The very idea that one can mitigate the repurcussions of committing one alcohol-related offense by intentionally committing two more alcohol-related offenses is ludicrous. I don't care if a lawyer said it, or a doctor or George W. Bush said it, it is ludicrous. I don't want to tell anyone what to do, but PLEASE don't do this.

[ELPManticore]

I'll offer the following tips (as a stoner an a relative of a few cops):

1) Never, Ever, carry any weed the car that is more than you can eat and out of reach.

2) If you have to drive while stoned -(which you shouldn't, but I do enjoy a good 'burn crusise' down the back roads) - smoke before you get in the car, less of the odor follows you.

3) If you're going on a burn crusie, or carrying some weight in the car do a walk arround first and make sure all signals/lights work, plates are visible etc. Check for anything that draws attention from police.

4) On the same note as #3 keep any kind of bumper stickers related to drugs or bands off the car. Cop's aren't stupid and are like the rest of us (lazy) so the're going to go for the easy pickin's,

5) Never travel with paraphenaillia (spelling, I know) especially used paraphenaillia. This is related to #2

6) If you have to break # 2, be smart about it, I usually quadruple bag shit and then stash them in the back seat, in the bottom of a bag of trash (fast food bags work well as 95% of the nation prolly has them in the back seat). If it all possible, I make sure I give my nose a good blow and throw the kleenex right on top of the bag of 'trash'. Not many cops will look through that. Or I keep it in the trunk, in with my fishing gear or golf stuff or w/e.

7) Everything is about plausible deniablity.


Not trying to preach on here or anything, just passing along some advice to fellow heads trying to keep them out of an ugly situation.


To the OP - I hope things are going as well as possible for you.
Peace