Q: DUI. Fell asleep in drivers seat with foot out of door after drinking outside of inoperable vehicle..
My car has no power steering and i was driving in a residential neighborhood and was unnoticed when my vehicle broke down and wouldn't start. I tried pushing it out of the road with no luck. (Took 4 officers)
I proceeded to call friends i was gonna meet with that evening to celebrate my re-enlistment into the US ARMY. My plan was to have them order a tow for my vehicle since they had enough funds and i didnt. No one ever showed up and my phone died. I had around 5 forty ounce malt liquor drinks in my cars i planned to drink with mu buddy's. Being pissed off i started drinking in hopes they would come and retrieve me at least and move the car over to the side of the road. I kept drinking and had about 3 40 ounce malt liquor beers and i decided to sit in the drivers seat since my passenger door does not open. Closed my ayes and the police showed up. Charged for drinking and driving. I was in the .031 Range I think and I was about 185 pounds at 6'1.
A:
MORE INFO IS NEEDED.
FOR A DUI, IF THERE IS A KEY IN THE IGNITION OR ENGINE THAT IS WARM FROM RECENT USE, THAT IS USUALLY ENOUGH. THERE WAS EVEN A COURT CASE WHERE A GUY WAS PUSHING HIS MOTORCYCLE WITH THE KEY IN IT AND IT WAS DETERMINED TO BE ENOUGH FOR DRIVING.
HOWEVER, WHAT IS CONTROLLING IS WHAT THE POLICE REPORT SAYS AND YOU DON'T KNOW THAT YET.
YOUR READING IS VERY HIGH. DID YOU EXPLAIN TO THE POLICE THAT YOU WERE DRINKING AFTER THE CAR BROKE DOWN AND NOT BEFORE, WHEN YOU WERE DRIVING.
A:
The first thing you need to do is consult with an experienced criminal defense attorney who handles DUI cases ASAP that knows what they are doing. If, as I suspect, you meant your BAC (Blood Alcohol Content) was .31, that's nearly 4 times the legal limit, and the penalties will be significantly more severe than what you would get for a "regular" DUI.
More importantly, it's standard operating procedure for the the police to seize your driver's license. You only have 10 days from the date of your arrest to schedule an Admin Per Se hearing with the DMV if your BAC is over the .08 limit.
Otherwise, if you don't act in time, your license will automatically suspended for a minimum of 30 days so you need to act quickly and hire a skilled DUI attorney. Most of us will give you a free consultation and handle not only the DUI charges filed by the DA but also the DMV part of your case which Public Defender's can't help you.
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