DUI From the Perspective of a Driver
DUI From the Perspective of a Driver. I never thought I would be in this position. Because I am careful about drinking and driving; therefore, I was also careful this evening, as well.
I met a few friends at a bar one evening about 11 p.m. But, I had not consumed any alcohol earlier that evening and I only had 1 beer at the bar later (no, really, I had 1 beer). About midnight I left the bar and was driving home when I was stopped. I don’t think I committed any traffic violations, but the officer did (remember “reasonable suspicion” from the last blog post)?
Even though I knew that I had done nothing wrong, I was cooperative and did what I was told. So, I followed my own advice and refused the eye test and balance tests. But then disregarded my own rule and talked to the police officer. It’s hard not to, especially when you are innocent. Therefore, I told the truth (if you can’t resist saying something, at least don’t lie). I told him I had 1 beer that evening and I was on my way home. It didn’t matter, he decided I was lying and arrested me. Now I shut up.
DUI From the Perspective of a Driver
At the police department jail (they are not a pleasant way to spend the evening), the officer asked if I would consent to a blood draw. So, I did what I tell people to do, and stuck out my arm; because I knew it would show that I was not impaired. Also, because I knew if I refused my license would be suspended for a year; regardless of the results. Next, I was fingerprinted, photographed and then released. The next day I went to the tow yard to get my car.
Then I waited a couple months and paid for a copy of the police report. The reason I waited was because I knew that is about how long it would take for the blood test to come back. The report was surprisingly accurate, right down to the supplement report on the lab results: 0.00%. From the time I finished the 1 beer until the blood was drawn; I had metabolized the alcohol in the beer. Here was proof I was actually innocent.
Not that the police officer believed it…he sent the blood back out to test for drugs, even though he did not suspect drugs on the night I was arrested. So, I waited another couple months and requested the report again. This was no surprise. Anyone who knows me knows the only drug in my system is blood pressure medication. The supplement stated no drugs were found.
So, if someone comes to me saying they are actually innocent, I listen. It happened to me.
If you have been charged with DUI in Tempe or anywhere in the Phoenix area; contact me for a free consultation to discuss your legal rights.
Next installment: DUI from the perspective of the Judge.
Attorney Scott Campbell 