My DWI Story (How bad will it hurt?)

[Seven Costanza]

I know there have been DWI threads already, but I couldn't find one that was similar to my experience. Any advice would help. Thanks.

I was charged with an Underage DUI in August of 2008 (My sophomore year of college). Basically, what happened was I drank a lot during lunch after a football game. I left my car at the restaurant where we were drinking because I didn't want to drink and drive. I stopped drinking around1/1:30 and got back to my apartment around 2 p.m. I ended up taking a nap from around 3/3:30 - 9 p.m. I got my friend to bring me back to get my car because I did not want it to get towed. On the way back I was pulled over for speeding (around a 45 in a 35). The cop said he could smell the alcohol on me, so he gave me a sobriety and gave me the option of the breathalyzer. I blew because I thought I would be under the legal limit. I blew a .06 (legal limit is .08 in my state), but I was under 21 at the time (underage legal limit of .02). I end up being charged with an underage DUI. With the help of my lawyer the charges were dismissed. I can't get them expunged from my record, though, untill 5 years after I was charged. I will be applying next year (May 2013). I will be able to expunge them August 2013. I take full responsibility for my mistake. Of course I was mad, and I felt it was unfair at the time. I should have just waited till the morning, and I especially shouldn't have been speeding knowing what I did earlier that day. How should approach reporting this in my application, and how bad will it hurt my chances?

Sorry so long. Cliffnotes:
Blew .06 (.08 legal limit in state), but under the age of 21 (.02 legal limit in state)
Charged with underage DUI
Charges dismissed
Applying May 2013
Can't get charges expunged until August 2013

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[TheMightySmiter]

You have two choices, it seems: wait a year longer to apply, or explain the DWI on your application. Have you done any activities or counseling since that could show you've matured since that incident?

 

[Seven Costanza]

Well I did a lot of community service in order to get my charges dismissed. I didn't do any counseling. I'm not an alcohol. I don't even drink that often. Well I also had to go to lots of AA meetings to get my charges dismissed. When you say explain it, should I explain it in as much detail as I have done here?

 

[Temerit]

Change. You're going to need to show a significant improvement in maturity by the time interview season rolls around, so try to demonstrate it now. Counsel others who've made similar mistakes

Wait, what mistake?

 

[GeorgiadisMD]

Lol this was 4 years ago. I'd apply and explain yourself. Seriously, people can drastically change with that amount of time. As long as you can get the point across and show you've changed in those 4 years, I'd apply.

 

[Oxygen206]

I would just wait until after its expunged to submit...even if that means submitting late in the cycle...or wait until the next cycle. I wouldn't even want to deal with that whatsoever mainly because if you don't get in the first time, schools will have your old app on file and will be able to see it...no thanks! That's just me though...do whatever you feel is right for you.

 

[Seven Costanza]

All the other threads are similar to your experience. They tend to go something like this:

"I was caught drinking and driving, BUT my situation is different due to these special circumstances. I'm not a bad person!"

First, you need to stop qualifying your actions by whatever circumstances you believe mitigate your responsibility for this mistake. Take responsibility wholeheartedly, admit your failures and learn from them.

Change. You're going to need to show a significant improvement in maturity by the time interview season rolls around, so try to demonstrate it now. Counsel others who've made similar mistakes if you want to address the issue directly. If you're not comfortable in that setting, be certain to accrue no additional transgressions. With a little luck and a short impactful statement of sincere reflection, you might be able to overcome this obstacle in the way of your med school success.

I am not trying to shirk responsibility. When I searched, the threads I found consisted of people getting DUI's in high school, after they had already been accepted, or after their charges had already been expunged. I only tell my story to show that I didn't just get wasted one night and without any contemplation of my actions drink and drive home. I take full responsibility, and I learned a lot from the unfortunate experience.

 

[Seven Costanza]

I would just wait until after its expunged to submit...even if that means submitting late in the cycle...or wait until the next cycle. I wouldn't even want to deal with that whatsoever mainly because if you don't get in the first time, schools will have your old app on file and will be able to see it...no thanks! That's just me though...do whatever you feel is right for you.

So if I apply next May and disclose what happened, med schools will forever know about it? Even if I don't get accepted first round, and therefore during future application cycles, the charges will be expunged?

 

[Oxygen206]

So if I apply next May and disclose what happened, med schools will forever know about it? Even if I don't get accepted first round, and therefore during future application cycles, the charges will be expunged?

It is my understanding that adcoms have access to your previous applications if you are a re-applicant.

 

[TriagePreMed]

I think you don't have to list it if it has been dismissed. Read AMCAS carefully.

 

[StIGMA]

Did you receive any school sanction? If so you may be required to report it even if it is legally expunged.

Per AMCAS rules:
Institutional Action
You must answer Yes to this question if you were ever the recipient of any institutional action resulting from unacceptable academic performance or a conduct violation, even if such action did not interrupt your enrollment or require you to withdraw. You must answer Yes even if the action does not appear on or has been deleted from your official transcripts due to institutional policy or personal petition.

 

[Oxygen206]

Did you receive any school sanction? If so you may be required to report it even if it is legally expunged.

Per AMCAS rules:
Institutional Action
You must answer Yes to this question if you were ever the recipient of any institutional action resulting from unacceptable academic performance or a conduct violation, even if such action did not interrupt your enrollment or require you to withdraw. You must answer Yes even if the action does not appear on or has been deleted from your official transcripts due to institutional policy or personal petition.

I don't believe this resulted in any type of institutional action (ie. got in trouble with his university)?? Unless I have a gross misunderstanding of what institutional action means...

 

[Seven Costanza]

Did you receive any school sanction? If so you may be required to report it even if it is legally expunged.

Per AMCAS rules:
Institutional Action
You must answer Yes to this question if you were ever the recipient of any institutional action resulting from unacceptable academic performance or a conduct violation, even if such action did not interrupt your enrollment or require you to withdraw. You must answer Yes even if the action does not appear on or has been deleted from your official transcripts due to institutional policy or personal petition.

Nope, I received no disciplinary actions from my college due to it.

 

[Arbor Vitae]

I know there have been DWI threads already, but I couldn't find one that was similar to my experience. Any advice would help. Thanks.

I was charged with an Underage DUI in August of 2008 (My sophomore year of college). Basically, what happened was I drank a lot during lunch after a football game. I left my car at the restaurant where we were drinking because I didn't want to drink and drive. I stopped drinking around1/1:30 and got back to my apartment around 2 p.m. I ended up taking a nap from around 3/3:30 - 9 p.m. I got my friend to bring me back to get my car because I did not want it to get towed. On the way back I was pulled over for speeding (around a 45 in a 35). The cop said he could smell the alcohol on me, so he gave me a sobriety and gave me the option of the breathalyzer. I blew because I thought I would be under the legal limit. I blew a .06 (legal limit is .08 in my state), but I was under 21 at the time (underage legal limit of .02). I end up being charged with an underage DUI. With the help of my lawyer the charges were dismissed. I can't get them expunged from my record, though, untill 5 years after I was charged. I will be applying next year (May 2013). I will be able to expunge them August 2013. I take full responsibility for my mistake. Of course I was mad, and I felt it was unfair at the time. I should have just waited till the morning, and I especially shouldn't have been speeding knowing what I did earlier that day. How should approach reporting this in my application, and how bad will it hurt my chances?

Sorry so long. Cliffnotes:
Blew .06 (.08 legal limit in state), but under the age of 21 (.02 legal limit in state)
Charged with underage DUI
Charges dismissed
Applying May 2013
Can't get charges expunged until August 2013

Never blow on the breathalyzer people! It is a choice and it can only hurt you. If they have to blood test you it's going to take time and you BAC will go down. I've personally been let off the hook for choosing not to blow, even though the cops were trying to scare me. I passed all the balance and coordination tests and they tried to intimidate me by saying, 'if I were you I would take the breathalyzer." even though I said no. They tried to scare me again by saying,"OK then, step over to the car," like they were going to arrest me, but then let me go.

 

[von Matterhorn]

I have nothing to add to this discussion other than I love your name on here.

 

[Seven Costanza]

I have nothing to add to this discussion other than I love your name on here.

Hahaha thank you good sir. You are a gentleman and a scholar. I was hoping someone would compliment me on it. I am and always will be a huge Seinfeld fan.

 

[STAT EKG]

Never blow on the breathalyzer people! It is a choice and it can only hurt you. If they have to blood test you it's going to take time and you BAC will go down. I've personally been let off the hook for choosing not to blow, even though the cops were trying to scare me. I passed all the balance and coordination tests and they tried to intimidate me by saying, 'if I were you I would take the breathalyzer." even though I said no. They tried to scare me again by saying,"OK then, step over to the car," like they were going to arrest me, but then let me go.

Wow, that's pretty unbelievable.

Not sure how it works in other states, but in my state if you refuse a breathalyzer then you get a charge of breathalyzer refusal along with a charge of DWI (refusal is a presumed DWI). People get off those charges with incredibly good lawyers ($$$$$) occasionally, but you definitely go to jail at least until someone can pick you up/place bond for you.

I've never in my life heard of someone refusing a breathalyzer and then being allowed to go home.

 

[BlueLabel]

Wow, that's pretty unbelievable.

Not sure how it works in other states, but in my state if you refuse a breathalyzer then you get a charge of breathalyzer refusal along with a charge of DWI (refusal is a presumed DWI). People get off those charges with incredibly good lawyers ($$$$$) occasionally, but you definitely go to jail at least until someone can pick you up/place bond for you.

I've never in my life heard of someone refusing a breathalyzer and then being allowed to go home.

Unbelievable is the right word.

 

[mimelim]

Never blow on the breathalyzer people! It is a choice and it can only hurt you. If they have to blood test you it's going to take time and you BAC will go down. I've personally been let off the hook for choosing not to blow, even though the cops were trying to scare me. I passed all the balance and coordination tests and they tried to intimidate me by saying, 'if I were you I would take the breathalyzer." even though I said no. They tried to scare me again by saying,"OK then, step over to the car," like they were going to arrest me, but then let me go.

This is bad generic advice. In many states the penalty for refusal to do a breathalyzer is pretty steep, which it should be.

 

[911 Turbo]

Never blow on the breathalyzer people! It is a choice and it can only hurt you. If they have to blood test you it's going to take time and you BAC will go down. I've personally been let off the hook for choosing not to blow, even though the cops were trying to scare me. I passed all the balance and coordination tests and they tried to intimidate me by saying, 'if I were you I would take the breathalyzer." even though I said no. They tried to scare me again by saying,"OK then, step over to the car," like they were going to arrest me, but then let me go.

What??? What state was this

 

[BigBlueBear]

What I want to know is how you blew a 0.06 after 8 hours! You must have been wasted out of your mind at lunch!

 

[joy14]

isn't the background check performed after you get accepted? you probably wont be accepted around august...if someone can double check the time frame of the background check, i'd just not report it and have it expunged before you get any acceptances/interviews

...sorry if i'm wrong about the timing of the background check but as far as i remember the background check was sometime in spring unless they did one without me knowing

 

[Seven Costanza]

Wow, that's pretty unbelievable.

Not sure how it works in other states, but in my state if you refuse a breathalyzer then you get a charge of breathalyzer refusal along with a charge of DWI (refusal is a presumed DWI). People get off those charges with incredibly good lawyers ($$$$$) occasionally, but you definitely go to jail at least until someone can pick you up/place bond for you.

I've never in my life heard of someone refusing a breathalyzer and then being allowed to go home.

Yes that is definitely how it would have even for me also. It would have been the same if not worse. They were going to charge and take me to jail regardless.

 

[Seven Costanza]

What I want to know is how you blew a 0.06 after 8 hours! You must have been wasted out of your mind at lunch!

I wondered that after also, so I did some calculations. It ended up coming out to having roughly 9 + or - 1 drinks/shots (we were drinking margaritas and taking tequlia shots) to have that BAC after the allotted time. I remember the rest of the day, though. I never blacked out. Needless to say, I have never drank the amount I did that day in one sitting again.

 

[hiyaman]

How did you get alcohol at a restaurant since you're underaged? I thought you get carded everywhere unless you look like your 40 or something.

 

[Seven Costanza]

How did you get alcohol at a restaurant since you're underaged? I thought you get carded everywhere unless you look like your 40 or something.

Where I was living was relatively lenient when it came to drinking. Everyone knew the specific places you could go and drink without getting carded. This was a family owned mexican restaurant and for some reason they just didn't care. My mom was kind of pissed that they served us and felt they held some responsibility, but I told her that was completely ridiculous and that the responsibility fell entirely on my shoulders. I think she was just a mom being a mom. Couldn't accept that her baby boy screwed up.

PS I love Calvin and Hobbes.

 

[hiyaman]

Where I was living was relatively lenient when it came to drinking. Everyone knew the specific places you could go and drink without getting carded. This was a family owned mexican restaurant and for some reason they just didn't care. My mom was kind of pissed that they served us and felt they held some responsibility, but I told her that was completely ridiculous and that the responsibility fell entirely on my shoulders. I think she was just a mom being a mom. Couldn't accept that her baby boy screwed up.

PS I love Calvin and Hobbes.

haha me too. I'm also a pretty big seinfeld fan as well.

 

[Arbor Vitae]

Wow, that's pretty unbelievable.

Not sure how it works in other states, but in my state if you refuse a breathalyzer then you get a charge of breathalyzer refusal along with a charge of DWI (refusal is a presumed DWI). People get off those charges with incredibly good lawyers ($$$$$) occasionally, but you definitely go to jail at least until someone can pick you up/place bond for you.

I've never in my life heard of someone refusing a breathalyzer and then being allowed to go home.

I live in CA and here you can refuse it and they have to decide whether or not to take you to a lab to get blood tested. If they think you are capable of driving and aren't causing a problem then they won't waste their time.

What??? What state was this

CA

And to continue the story:

They gave me a speeding ticket which I delayed in court several times over a year and a half. By the time came when I finally had to appear against the officer I was ready just to ask to lower the fine, but the officer never showed up so the speeding ticket was dismissed. Another tip is to always delay things as long as possible in court. Stuff happens like documents lost, officers move jobs, or you can delay conviction until after a background check. Man I should have been a lawyer.

 

[NightGod]

Wow, that's pretty unbelievable.

Not sure how it works in other states, but in my state if you refuse a breathalyzer then you get a charge of breathalyzer refusal along with a charge of DWI (refusal is a presumed DWI). People get off those charges with incredibly good lawyers ($$$$$) occasionally, but you definitely go to jail at least until someone can pick you up/place bond for you.

I've never in my life heard of someone refusing a breathalyzer and then being allowed to go home.

In IL you accept the blow and then they have to take you back to the station to get an "official record" one (some lawyer made a big stink about calibration and bouncing around the interior of a police cruiser, I believe). If you're borderline they won't bother, because by the time they get you back and all the paperwork processed to the point where they're ready to put you on record, it will be an hour+

 

[STAT EKG]

I live in CA and here you can refuse it and they have to decide whether or not to take you to a lab to get blood tested. If they think you are capable of driving and aren't causing a problem then they won't waste their time.




CA

And to continue the story:

They gave me a speeding ticket which I delayed in court several times over a year and a half. By the time came when I finally had to appear against the officer I was ready just to ask to lower the fine, but the officer never showed up so the speeding ticket was dismissed. Another tip is to always delay things as long as possible in court. Stuff happens like documents lost, officers move jobs, or you can delay conviction until after a background check. Man I should have been a lawyer.

In Virginia, if you refuse a breathalyzer then that is a charge within itself. They can't make you blow or take you to the lab to get blood tested, but you'll get taken to jail and charged with a DWI (presumed because of the refusal) and a breathalyzer refusal.

You automatically lose your license for a year for a first time conviction of breathalyzer refusal and it gives you points on your driving record, though it's a traffic offense, so a first time refusal isn't really as bad as a DWI. The second time you refuse, it's a felony offense.

As far as delaying things in court goes... Around here you could maybe delay your court date a few months, but beyond that - I wouldn't count on it.

If by delaying you mean appeal the pretty much inevitable guilty verdict you'll get in circuit court, then that's where the big money pay-per-hour DUI lawyers would come in.

Typically in circuit court you'd get offered some kind of plea deal to just plead no contest. Maybe like - no jail time and you get a restricted license for X long. It's a nearly inevitable guilty in circuit court because even without a breathalyzer the cops will give an elaborate qualitative description of how drunk you were - and it's your/your attorney's words vs. the cops. The judges pretty much always side with the cops if it's you vs. the cops.

If you go to trial, that plea deal would be gone... and if you lose in trial, they'll typically hose you pretty hard with fines, months in jail, loss of license for years, etc. People do win at trial (usually after spending easily 10,000-20,000$), but people lose also.

But it seems like Cali is pretty much the polar opposite of Virginia with regards to drinking/marijuana leniency and traffic laws. I mean, the first time I went to Cali after being 21 and saw that they sell LIQUOR 24 hours a day and in grocery stores.... well, that just doesn't happen 'round here.

Granted, Virginia residents can get into Virginia schools though, so it's a trade-off.

 

[NightGod]

At least in Illinois, you can get a couple of delays pretty easily. Send in the request to move the court date, rescheduled, go in person saying you want to plead "not guilty", rescheduled, go in the next date saying you want to hire an attorney, rescheduled, go in the fourth date prepared to either talk with the DA about a plea bargain or hope the cop didn't show up and get the ticket thrown out. I've had mixed luck with the last bit, they're always willing to accept the plea if the cop is there, but it's been about 50/50 on them showing up. Some counties are smart about it and have specific dates that the individual officers are scheduled to be in court-you'll never luck out there. Some just send a notice to the officers to appear and they rarely show up for a simple speeding ticket unless they happen to be in the building for some other reason.

 

[Arbor Vitae]

In Virginia, if you refuse a breathalyzer then that is a charge within itself. They can't make you blow or take you to the lab to get blood tested, but you'll get taken to jail and charged with a DWI (presumed because of the refusal) and a breathalyzer refusal.

You automatically lose your license for a year for a first time conviction of breathalyzer refusal and it gives you points on your driving record, though it's a traffic offense, so a first time refusal isn't really as bad as a DWI. The second time you refuse, it's a felony offense.

As far as delaying things in court goes... Around here you could maybe delay your court date a few months, but beyond that - I wouldn't count on it.

If by delaying you mean appeal the pretty much inevitable guilty verdict you'll get in circuit court, then that's where the big money pay-per-hour DUI lawyers would come in.

Typically in circuit court you'd get offered some kind of plea deal to just plead no contest. Maybe like - no jail time and you get a restricted license for X long. It's a nearly inevitable guilty in circuit court because even without a breathalyzer the cops will give an elaborate qualitative description of how drunk you were - and it's your/your attorney's words vs. the cops. The judges pretty much always side with the cops if it's you vs. the cops.

If you go to trial, that plea deal would be gone... and if you lose in trial, they'll typically hose you pretty hard with fines, months in jail, loss of license for years, etc. People do win at trial (usually after spending easily 10,000-20,000$), but people lose also.

But it seems like Cali is pretty much the polar opposite of Virginia with regards to drinking/marijuana leniency and traffic laws. I mean, the first time I went to Cali after being 21 and saw that they sell LIQUOR 24 hours a day and in grocery stores.... well, that just doesn't happen 'round here.

Granted, Virginia residents can get into Virginia schools though, so it's a trade-off.

We have a 2AM cutoff in for alcohol sales in CA. You can't purchase alcohol anywhere passed 2AM, so that's why the bars close at 2AM.

 

[alerk323]

What I want to know is how you blew a 0.06 after 8 hours! You must have been wasted out of your mind at lunch!

My friend blew a 0.13 after 15 hours (including a nights sleep)

win

 

[MiracleforMD]

My friend blew a 0.13 after 15 hours (including a nights sleep)

win

Do you mean .013 or .13?

 

[Bacchus]

Never blow on the breathalyzer people! It is a choice and it can only hurt you. If they have to blood test you it's going to take time and you BAC will go down. I've personally been let off the hook for choosing not to blow, even though the cops were trying to scare me. I passed all the balance and coordination tests and they tried to intimidate me by saying, 'if I were you I would take the breathalyzer." even though I said no. They tried to scare me again by saying,"OK then, step over to the car," like they were going to arrest me, but then let me go.

Not doing a breathalyzer in PA is going to get you a blood test and an automatic guilty plea to DUI. There is implied consent when you accept the license that you'll submit to any chemical test.

 

[Arbor Vitae]

Not doing a breathalyzer in PA is going to get you a blood test and an automatic guilty plea to DUI. There is implied consent when you accept the license that you'll submit to any chemical test.

I didn't realize CA's laws were so different on this. Here, if you decline to blow, it's up to the officer to decide whether or no to take you for a blood test. They get mad when you decline and try and scare you into doing it, but if there's a chance your blood will be under the limit by the time of the blood test then they let you go. You have to pass all the field sobriety tests though for them not to arrest you. I told the officer that the breathalyzer is highly inaccurate and went on to explain how it works and he just laughed at me, but they let me go. I was cooperative and not drunk at all. My passengers were though and the car reeked of alcohol so that's why they pulled me out.

 

[willen101383]

Again, get a damn breathalyzer. 275 bucks and was one of the best purchases ive made. At this stage of the game you cannot risk this stuff. Especially in cities like mine (philly) that have horrible public transportation and I am routinely driving after drinking some quantity of alcohol.
Great to bring to the bar for fun....and it might just save your future career.

 

[linebacker57]

Again, get a damn breathalyzer. 275 bucks and was one of the best purchases ive made. At this stage of the game you cannot risk this stuff. Especially in cities like mine (philly) that have horrible public transportation and I am routinely driving after drinking some quantity of alcohol.
Great to bring to the bar for fun....and it might just save your future career.

Jeez, thats actually a lot for a breathalyzer. I do agree they are great purchases, but they can be had for a lot less. A wise investment for sure

 

[willen101383]

Jeez, thats actually a lot for a breathalyzer. I do agree they are great purchases, but they can be had for a lot less. A wise investment for sure

Yeah they sure can if you want an unreliable POS. I went for a DOT certified fuel cell unit after having 2 past 75ish dollar units that totally sucked and were all over the place in terms of readings. Id rather not put my career on the line for something I cant trust. But yeah, having a 75 dollar unit is better than nothing.

Its easy to talk yourself into "I am fine" to drive....but if you see a hard number its a lot less easy to convince yourself of this!

 

[pietachok]

According to Certiphi, as of this application cycle (so possible to change) the schools to which you are accepted will get background check reports no sooner than January 1st of the year you'd enter med school. If everything is straight forward & went as planned, you should be fine. However, I would defer to the next application cycle,

1) ...because, I wouldn't be confident in any bureaucracy. I would want to see my own background check in September 2013 to be absolutely sure it had been cleared. If it weren't, I would not feel certain the error could be cleared up by January 1, 2014.

2) ..until I had contacted Certiphi & verified that the reports provided to schools on/after January 1st were not compiled at relative to an earlier date. Theoretically, they are verifying the assertions you made in AMCAS & the secondary, so you need to be certain that the fine print isn't allowing Certiphi to query the public databases on the date you submit AMCAS, & they aren't simply reporting that info until after January 1st/acceptance. Alternatively, I would want to be sure Certiphi can't query the databases on January 1st for information accurate to the date AMCAS was certified.

I know little about the legalities of background checks & this didn't exist when I was applying to med school, but unless you are certain you know better than the above, I would be paranoid. Medical schools have been required to place greater emphasis on ethics in their curricula, so contrary to some of the above responses, I would not be confident an adcom would overlook this blemish if it were presented to them.

Also it's just one year. Not the end of the world (trust me, I started med school in my late 20's)
Potentially screwing yourself out of med school entirely. Will feel much more like the end of the world.

 

[Disinence2]

Dude, You have to defer.

Just chill for a year. Don't let the schools, know. if you get it removed for your record then just ALWAYS, ALWAYS keep it a secret.

Best of luck

 

[linebacker57]

Yeah they sure can if you want an unreliable POS. I went for a DOT certified fuel cell unit after having 2 past 75ish dollar units that totally sucked and were all over the place in terms of readings. Id rather not put my career on the line for something I cant trust. But yeah, having a 75 dollar unit is better than nothing.

Its easy to talk yourself into "I am fine" to drive....but if you see a hard number its a lot less easy to convince yourself of this!

75ish is not gonna cut it, i see ya there, but I have a DOT certified one from alcohawk, that I picked up for about 125, works fantastic, never had a problem with it, but like i said before, a worthwhile investment in your future.

 

[pre med 2014]

Do you mean .013 or .13?

I think he meant a 0.13

which means he must have been in the 0.4x's the night prior, though potentially lethal for average folks, these levels can be quite common for full blown alcoholics.

 

[Caprica6]

I didn't realize CA's laws were so different on this. Here, if you decline to blow, it's up to the officer to decide whether or no to take you for a blood test. They get mad when you decline and try and scare you into doing it, but if there's a chance your blood will be under the limit by the time of the blood test then they let you go. You have to pass all the field sobriety tests though for them not to arrest you. I told the officer that the breathalyzer is highly inaccurate and went on to explain how it works and he just laughed at me, but they let me go. I was cooperative and not drunk at all. My passengers were though and the car reeked of alcohol so that's why they pulled me out.

Your state is not that different. In my state a person has the choice to opt for the breathalyzer or blood test. And my state does not have lenient DUI laws. If a person refuses to submit to any chemical testing, then yes, it results in an automatic DUI.

I'm not a lawyer, and I'm not an expert in every state's DUI laws, so I'm really not trying to argue with anyone, but some of these posts seem misinformed. Notice how they mentioned refusing a chemical test in their state results in an automatic DUI? Well, the blood test is a chemical test, this is not refusal. I would assume the same is true if someone refused the roadside breathalyzer and asked to be taken to the station to blow.

Those roadside machines are very inaccurate and inadmissible in court. Which is why suspects are taken back to the station to blow in a more accurate devise. Being taken somewhere to have blood drawn is the same concept. Either would have to be done in a reasonable amount of time, 2-4 hours or so. Different states may have different tests that they accept, but I highly doubt that there are any that do not accept blood. As this is the most accurate test, not accepting it would open up a lot of room for a defense.

Now, asking for a blood test (or to use the station's breathalyzer) usually will not result in being let go as in your case. If the officer reasonably suspects a DUI, the person will be arrested and booked, but if the court admissible tests come back clean, the charges will be dropped. It is not the same thing as refusal.

 

[Erek94]

Well I did a lot of community service in order to get my charges dismissed. I didn't do any counseling. I'm not an alcohol. I don't even drink that often. Well I also had to go to lots of AA meetings to get my charges dismissed. When you say explain it, should I explain it in as much detail as I have done here?

Explain the event in minor detail because to be honest at the end of the day admins don't care, YOU showed bad decision making skills, YOU got charged. Spend more time explaining what you have learned and how it has shaped who you are now.

oh and for what it's worth I got a DWI and possession of marijuana. It wasn't expunged, I explained it by taking full RESPONSIBILITY, did the classes, and moved on by killing all my undergrad classes and doing a lot of volunteer work. I was accepted to a very good DO program this cycle.

 

[Caprica6]

OP, sorry if I missed it, but could you clarify what you mean by having the charges dismissed versus having them expunged? What were you actually convicted of? Were they dismissed or deferred?

 

[alerk323]

Do you mean .013 or .13?

I mean 0.13, he was a god among men

 

[ridethecliche]

I would wait till it gets expunged.

Do something health related for a year and it'll help your chance.

You don't want to have to explain something that you don't have to.

 

[MiracleforMD]

I mean 0.13, he was a god among men

I am calling bull****. Unless you friend a chronic daily drinker averaging 12-15 drinks a day, this story is highly unlikely.

 

[NightGod]

I am calling bull****. Unless you friend a chronic daily drinker averaging 12-15 drinks a day, this story is highly unlikely.

It's really not all that unbelievable. I've had nights where I KNEW I was too drunk to drive and was still handing off my keys to friends late into the next day. Easier than you might think, especially if you're pounding strong mixed drinks all night. Have a couple Long Islands every hour for a night at the club, throw in a couple rounds of shots and it adds up fast.