Long story short last night I got a speeding ticket (14 over) and charged with a DUI (I had less than 1 beer). I was arrested and brought to the station and went through a bunch of legal bullshit etc, anyway then they breathalyzed me and were like "wow you have pretty much no alcohol registering at all (I thought to myself no shit I told the officer 10 times that I had less than 1 beer......). Anyway they towed my car (and made me wait 12 hours to get it then pay 150$ tow fee...) All the DUI charges were dropped obviously but would this or the speeding ticket effect my enlistment?
Might be a dumb question, but this is the first time I had a legal experience so to speak, I have never even been pulled over before in my life. Should I call my recruiter and tell him about the arrest and the ticket? or is the charges were dropped does it not matter?

Absolutely call your recruiter and let them know what happened. You'll need to provide proof that all fines have been paid and charges have been dropped. It may or may not affect your enlistment. Good luck!

Posted By Gears on 28 Dec 2011 04:28 PM
Absolutely call your recruiter and let them know what happened. You'll need to provide proof that all fines have been paid and charges have been dropped. It may or may not affect your enlistment. Good luck!

how do I get proof that charges have been dropped? They did not give anything they just said my BAC was so low they will not charge me.

You'll need to contact the police department where you were booked. The should have a record of you being there.

I think in order to have something dropped, you have to be formally charged.... You should give the police station a call and see if they have a file for what happened and see if you can have a copy of what they have. Then give your recruiter a call and you will atleast have some paperwork and/or an attempt to get paperwork.

I don't know you from a hole in the wall, so don't take the following personal....

You can request a copy of the police report, but it depends on what state you are in and what department policy is. First and foremost, make sure that you give an accurate recap of the whole incident. If yours is different from a potential report, it's not going to look good. If you had an attitude, mouthed off, etc... admit it, and admit that you were wrong. Their booking/breathalyzer process may have been video/audio recorded. I know ours were at my last department.

Good luck with the rest of your process.

Posted By srf13 on 28 Dec 2011 05:18 PM
I don't know you from a hole in the wall, so don't take the following personal....

You can request a copy of the police report, but it depends on what state you are in and what department policy is. First and foremost, make sure that you give an accurate recap of the whole incident. If yours is different from a potential report, it's not going to look good. If you had an attitude, mouthed off, etc... admit it, and admit that you were wrong. Their booking/breathalyzer process may have been video/audio recorded. I know ours were at my last department.

Good luck with the rest of your process.

mine is exactly what happened. I told them I had one beer they did not believe me so I was taken to the station for suspicion of driving while intoxicated (I forget their wording but something along those lines), I told them just to breathalyze me, they said they would not breathalyze me there and they took me to the station where I was breathalyzed (after gettng asked a gazillion questions), and I guess they did not believe the results so they breathalyzed me again and then were like I guess you were being honest and they said I could go. So I don't think I was charged, if I was they never announced it to me (which they legally have to right?)
why would I lie when I did not break the law?

I wasn't saying that you were lying. I was just saying that there could be a complete and accurate accounting on file with the department re: video and audio. I know that in my state, there is no such thing as 'suspicion of OUI'. You are offered field sobriety tests and a Portable Breath Test at the side of the road. If you refuse the PBT, you're under arrest. We have 'implied consent' to breath testing when you are given your license. You can be arrested for a combination of factors, but when you get to the station, the breath test machine will determine if you can be charged with OUI. If you refuse it, license is revoked on the spot. If you take it, and come in with a BAC under the legal limit, but over .05, you can be placed in Protective Custody still (not a criminal arrest, just a detention for public safety). If you blow .08 or higher, you made the team. It sounds like a strange system that they didn't do ANY roadside tests, and just hauled you in for testing. Clearly you weren't charged, unless there is a summons on the ticket? Did you look to see if anything other than speeding was on there?

Posted By srf13 on 29 Dec 2011 03:12 PM
I wasn't saying that you were lying. I was just saying that there could be a complete and accurate accounting on file with the department re: video and audio. I know that in my state, there is no such thing as 'suspicion of OUI'. You are offered field sobriety tests and a Portable Breath Test at the side of the road. If you refuse the PBT, you're under arrest. We have 'implied consent' to breath testing when you are given your license. You can be arrested for a combination of factors, but when you get to the station, the breath test machine will determine if you can be charged with OUI. If you refuse it, license is revoked on the spot. If you take it, and come in with a BAC under the legal limit, but over .05, you can be placed in Protective Custody still (not a criminal arrest, just a detention for public safety). If you blow .08 or higher, you made the team. It sounds like a strange system that they didn't do ANY roadside tests, and just hauled you in for testing. Clearly you weren't charged, unless there is a summons on the ticket? Did you look to see if anything other than speeding was on there?

I was never offered a PBT infact I was refused a PBT. i told the officer 3 times just to use his portable breathalyzer on me since arresting me would be a waste of time, but he just handcuffed me and took me to the station.

Regardless if you join or not, you need to expunge the arrest record. Whether you were charged formally with prosecution or not, you might have an arrest record, so expenge the arrest record. Depending on the the station and the state, the arrest record could have been filed with the FBI, so expunge it all the way up, tell your recruiter everything and you should be good. If anything it might slow you down but you'll be doing it the right way.

Alright guys I got a couple more questions on this. I would appreciate any advice that can be given. If I start a lawsuit with the state for unlawful arrest will my enlistment be put on hold until the case is decided? Since they arrested me and refused to breath test me before arresting I think I can win, but it would probably be a drawn out trial. Would this hold up my enlistment?

Yes. Any court action pending will stop you from shipping out. If you're going to pursue a case against the State, let your recruiter know now.

First things first, there is without a doubt any pending court issues will effect your enlistment. Is that worth it? I would say no, but that's me.

Second thing... Let's just say for argument you are an active duty Coastie. You are at a small boat station, you are out on 4th of July weekend making sure everyone is boating safely. You roll up on a boat that is speeding in a no wake zone. You smell beer on the breath of the boat operator. For whatever reason you don't submit him to a portable test or any sort of field sobriety. You take him ashore under the premise of boating under the influence. Once you reach the station, if Coasties administer it or the local police force, the person now gets a breathalyzer. It turns out he truly did have one beer (that is a lie every law enforcement official hears... "Oh occifer, I had one, maybe two, that's all!" Then they blow a .240, so be prepared to be not so trusting) and you pulled him off the water... Do you think it would be fair that you should now be awaiting a lawsuit for false arrest when truly your only interest was keeping him and every other boater on the river/lake safe????

We always hear "just 2 beers"...

Gandler, the state has a lot of money and can drag a law suit out for years and years, it is very easy for them to simply outlast an individual civilian financially. We had a firefighter that was upset over a promotion situation (rightfully so in my opinion) he filed a suit...$10,000 out of his pocket later he dropped the suit with no results, he could not afford it any longer, the promotion was only worth $3000 a year and he promoted the following year...just something to think about. i know you are upset on how you were handled over this but it is the cops word against yours on why he really brought you in...need to weigh the possible outcomes.

Have fun

Posted By Old Guard2 on 07 Jan 2012 08:43 PM
First things first, there is without a doubt any pending court issues will effect your enlistment. Is that worth it? I would say no, but that's me.

Second thing... Let's just say for argument you are an active duty Coastie. You are at a small boat station, you are out on 4th of July weekend making sure everyone is boating safely. You roll up on a boat that is speeding in a no wake zone. You smell beer on the breath of the boat operator. For whatever reason you don't submit him to a portable test or any sort of field sobriety. You take him ashore under the premise of boating under the influence. Once you reach the station, if Coasties administer it or the local police force, the person now gets a breathalyzer. It turns out he truly did have one beer (that is a lie every law enforcement official hears... "Oh occifer, I had one, maybe two, that's all!" Then they blow a .240, so be prepared to be not so trusting) and you pulled him off the water... Do you think it would be fair that you should now be awaiting a lawsuit for false arrest when truly your only interest was keeping him and every other boater on the river/lake safe????

I would never lie to Law Enforcers so I would expect others to be honest as well. So if they say they are sober I would like to believe them. 
But even so I would never arrest or press charges against anyone before doing proper substance tests.  They should test you before pressing charges.
I am sorry but smelling like alcohol and having bloodshot eyes is not a crime and does not warrant an arrest.

Law enforcement gets lied to every single day more than once a day. To hear "I only had one" one more time, you know they are rolling their eyes. Just because YOU were honest doesn't mean the next guy is so honest. You were taken into custody... probably read your rights. But did you go to court? Do you need to refute charges? Do you need to hire an attorney to fight the arrest? There is a difference being taken into custody and released then being arrested and thrown in the pokey.

Again, I will ask the most important question... Is proving your pissed off and filing a lawsuit worth losing your spot at boot camp and possibly your entire career? You know why I have never been questioned about being drunk while I'm driving... I don't drink and drive. New Years Eve I was out with some friends... I had one drink at 11:30. I was out until one-ish. If I had been pulled over or gone through a DWI check point, my passenger was 3 sheets to the wind and couldn't spell "car" much less drive one. However, I did not smell like alcohol, I didn't have bloodshot eyes, I wouldn't have even been questioned. In the military, and you need to learn this, it doesn't have to be proved, just perceived. You were perceived to be drunk and the cops took the necessary steps to remove a potential threat from the road. Personally, I'm glad they did. You were telling the truth, you should face no charges. What if they believe the next guy who smells like alcohol and has blood shot eyes but swears on his mother's grave he only had one... One keg maybe and they let him go. Then he runs you, me, your sister, my mother off the road and kills them... Then who is at fault? The drunk for lying or the cop for believing??? Sorry, I agree with the steps taken. So long as you aren't facing any pending charges, which you shouldn't because you blew beneath the legal limit, just let it go and move on with your life.

I concur with old guard 100% and then some more.

New Years Eve I was out with some friends... I had one drink at 11:30. I was out until one-ish. If I had been pulled over or gone through a DWI check point, my passenger was 3 sheets to the wind and couldn't spell "car" much less drive one.

And, good times were had by all!

Well now I mentioned no names...but yes, a helluva good time.

Posted By Old Guard2 on 08 Jan 2012 09:02 AM
Law enforcement gets lied to every single day more than once a day. To hear "I only had one" one more time, you know they are rolling their eyes. Just because YOU were honest doesn't mean the next guy is so honest. You were taken into custody... probably read your rights. But did you go to court? Do you need to refute charges? Do you need to hire an attorney to fight the arrest? There is a difference being taken into custody and released then being arrested and thrown in the pokey.

Again, I will ask the most important question... Is proving your pissed off and filing a lawsuit worth losing your spot at boot camp and possibly your entire career? You know why I have never been questioned about being drunk while I'm driving... I don't drink and drive. New Years Eve I was out with some friends... I had one drink at 11:30. I was out until one-ish. If I had been pulled over or gone through a DWI check point, my passenger was 3 sheets to the wind and couldn't spell "car" much less drive one. However, I did not smell like alcohol, I didn't have bloodshot eyes, I wouldn't have even been questioned. In the military, and you need to learn this, it doesn't have to be proved, just perceived. You were perceived to be drunk and the cops took the necessary steps to remove a potential threat from the road. Personally, I'm glad they did. You were telling the truth, you should face no charges. What if they believe the next guy who smells like alcohol and has blood shot eyes but swears on his mother's grave he only had one... One keg maybe and they let him go. Then he runs you, me, your sister, my mother off the road and kills them... Then who is at fault? The drunk for lying or the cop for believing??? Sorry, I agree with the steps taken. So long as you aren't facing any pending charges, which you shouldn't because you blew beneath the legal limit, just let it go and move on with your life.

I don't call 1 beer (actually half a beer technically) drinking and driving. I only reeked of alcohol because some drunk dumb-ass spilled whiskey or gin or something all over my clothes. And my eyes were bloodshot because I had a bad cold. All of which I explained politely and clearly. But they refused to breathalyze me with a PBT (which is standard procedure for any normal cop...) and arrested me. So I don't see how those are proper steps. The only test they did on me was the walk the line test which I did perfectly, so as far as I can tell they only arrested me because I smelled like alcohol and my eyes (which they asked me like 10 times if I smoked drugs, and threatened to blood test me like 20 times if I did not stop lying, and they never even blood tested me...)

Well I'm done... I think the cops were right. I' not sure I care what you have to say one way or another about the situation. Want to delay your boot camp for a lawsuit that will cost you more money than you would have earned in a year, be my guest. Want to cost a possible career, have at it.

Gandler, they clearly had probable cause, no matter how you feel about it, right, wrong or indifferent, they had probable cause. You presented driving a motorized vehicles under the influence, you had blood shot eyes, cold or not, sleep deprived or not, allergies or not, you stated you had a beer or a half beer, and you smelled of alcohol, whether it was spilled on you by a drunk, a friend, a hot girl, or yourself...you presented under the influence. They were well within their law enforcement rights to take you in for a more thorough testing then a field breathalizer and sobriety field test. Plus you sound as though you were somewhat argumentative and insisting on the breath test. Sorry dude but from what you shared, exactly what happened should have happened in my opinion and experience...does it suck, yes big time, but chalk it up to a life lesson, put aside your pride and move on to a coast guard career and wonderful experiences. This is just a pot hole in the road that scuffed up your tire, just be happy it did not cause you a flat or something worse.

Good luck.

**Edited** sorry too many spelling errors using the smart phone...either my fingers are to big or it needs to be a little smarter :-)

Man sometimes you gotta take one like that. Does it suck that what you think should have happened didnt? Yes. Do you have a right to complain and file your case? Absolutly. But if you do, its just like everyone else is saying: you might loose your chance or get delayed. And I would be willing to bet that either A: that cop was following the procedures he was told to follow, or B: he has allready gotton in trouble for not following procedures. So I wouldnt worry about it. And you gotta just ask yourself: What was honestly lost in this situation? And it sounds like just 12 hrs of your time and $150 bucks. I would be willing to bet $150 that you are gonna end up paying a whole lot more than that to get a Lawyer good enough to fight the state. And besides you now have a wonderfull story to tell your future kids/ friends/ fellow costies one day about an unfortunate situation with a cop.

Good Luck with whatever you decide,
Lohr

Posted By Old Guard2 on 08 Jan 2012 09:54 PM
Well I'm done... I think the cops were right. I' not sure I care what you have to say one way or another about the situation. Want to delay your boot camp for a lawsuit that will cost you more money than you would have earned in a year, be my guest. Want to cost a possible career, have at it.

Well I am sorry OG, you have some intelligent views on some positions, but on this you are just wrong. Saying my view does not matter and that the cops were right just because they are cops is wrong. Cops can (and often do) make mistakes (and in reply to your other post, no my rights were never read which is an offense in itself) and they do not always follow the laws or policy on arresting. So just because somebody is arrested does not mean they are in the wrong. I have never had any interactions with police before that night, but I know enough about the law and Constitution to know that I was not the one in the wrong. Speeding yes I did speed (but I was going no faster than everyone else on the road...) and I will pay the ticket.   But I was in no position to be arrested and the whole situation was a total joke.

And I am not trying to make DWIs (or was it DUIs??? I still don't understand the difference??) seem light, I know many people who have been hit and injured by DDs (which makes me even angrier that I was accused of that), but I am also very adamant on proper laws being followed. What exactly is "reasonable cause"?  It is a legal definition that is very loosely defined and basically can give a cop a position to arrest or detain anyone for anything. And reasonable cause or not why not do proper breath tests (which are not up to the cops opinion, face it a cop can fail you for walking the line even if you do it perfectly if they don't like you) when they have access to them? That is just pure laziness or abuse of power, either way its wrong.

But I will probably not file a lawsuit because it will be too much work and too drawn out (though at the same time I kind of want to just to prove a point, since most people probably don't file suits when they should for that reason, and people should take action when the government is in the wrong). But I probably will file a report with Internal Affairs Dept.
I very much like what Thomas Jefferson said (forget the exact quote) something like "don't sacrifice freedom for security". 

Gandler, Old Guard has been sharing intelligent views with you on this subject as well, it is just that your pride, youthfulness and anger over being police handled has clouded your judgment, and no matter what advice Old Guard or we give you, you are not going to see it that way.

DWI is Driving While Intoxicated (can be defended against if not just alcohol was what was causing the issues) DUI is Driving Under the Influence (covers anything that might influence poor driving, such as alcohol, illegal and/or prescription drugs). The wording was changed to make it harder for defense lawyers to talk their way out of guilty verdicts.

OK, really look at and re-read what you wrote here… “so as far as I can tell they only arrested me because I smelled like alcohol and my eyes (which they asked me like 10 times if I smoked drugs, and threatened to blood test me like 20 times if I did not stop lying, and they never even blood tested me...)”. Not only were they concerned that you had been drinking (which you admit you had, maybe not enough to be legally drunk, but you had been drinking), but they could smell alcohol on you for one reason or another, they clearly could see that your eyes were bloodshot…and in all honesty, they simply cannot trust anyone that is standing in a position of being arrested, as they will say anything to get out of being in trouble…so what are they supposed to think Gandler, here is a young adult out and about that was pulled over for speeding, when they ask you for your license and registration, they discover a smell of alcohol, noticed that your eyes are bloodshot, they ask you if you have been drinking, you reply a ½ to 1 beer…you start insisting on a breathalyzer test, perhaps even insisting, tell them that what they are doing is a waste of time, insisting you are just sick and someone spilt alcohol all over you and you are just driving…the breathalyzer and field sobriety test are just tools that they can use in the field to help determine if further action is needed, however they do not always have to use those tools and the breathalyzer does not detect illegal drugs, they would have to do a urine or blood test on you, they would have to place you under arrest and take you back to the precinct to do any of that, which they did and againin my opinion should have, you were around alcohol and smelled like it, odds are in my experience that also means you were doing as well...98% of the time. But it appears that during their intense questioning of you back at the precint in the interrogation area/room, that they perhaps started to believe your story, so they simply did a breath test at that point to ensure that you were not intoxicated with alcohol and let you go, dismissing all possible charges they could have filed on you…again all they need is reasonable suspicion/probable cause to take you in…you provided them with several suspicions and or causes. Do you think that when they arrest someone for murder and haul them in for questioning only to find out they really did not do it, then aplogize to the individual and let them go, that they will get sued for that...no they had resonable suspicion/probable cause.

You also state that you support the laws against drunk driving or driving under the influence…you should be happy, in a sense, that they did a good job making sure you were not one of those out there drinking and driving, they took a few extra steps to ensure the safety of you, all the others on the road, plus they ensured that your parents, family and friends would not get that devastating phone call that you were found dead on the road or had just killed someone else and have been arrested for DUI destroying your future. Nothing here has been affected career wise or future wise for you….only your pride and ego have been bruised…they were doing their job and they did it with due diligence.

Again you should be thankful that they did their part to ensure a driver who was possibly under the influence was not allowed to get back behind the wheel and hurt or kill someone, and you should be very thankful that you were not actually under the influence and were allowed to go home.

We all have been giving you great advice, I hope that you will be able to hear it and move on to a great Coast Guard Career and not hold on to the wrong that you think you have been dealt.

Enjoy

He who sacrifices freedom for security deserves neither. That was Ben Franklin...
And I'm pretty sure Ben Franklin and Thomas Jefferson would agree with captkyguy and OG on this one.

Opinions aside, OP if you pursue this matter in court it will delay your enlistment. You need to talk to your recruiter NOW to mitigate the chance of the DUI stop, whether is was justified or not, from stopping your enlistment.

Thread locked as soon as I can figure out why this thread isn't locking when I try to lock it.

Locking the thread. Discussion is over.