DUI with 0.000% BAC Labor Day weekend (Phoenix: lawyer, home, allergy)

[Cecil Willard Nguyen]

Someone tried to get me in trouble several weeks ago, things went poorly, I needed to get a lawyer, and I do not have any idea how that is going to go. I was driving home at night, realized a vehicle was following me, and tried to figure out if it was the police or someone else looking for trouble when they stopped me for something that I was not doing and things got worse.

Labor Day weekend I was driving to a family function, still wearing my suit from Church, when I realized that I was being followed by a police vehicle. I do not speed and you had better believe that I drove extra-carefully. They followed me for ten miles without turning flashing their lights, but they did not signal for turns, either. Finally, another vehicle pulls me over, the officer told me that I was driving recklessly, and has me do the field sobriety test.

It was 7pm and I did not have any idea why they followed me, let alone accused me of driving under the influence. I do not drink. I do not do drugs. I did take some over-the-counter allergy medication early that morning, but that was it, but I was scared, nothing made any sense, and I was still shaken up from my previous encounter. The officer told me that I horribly failed every portion of the sobriety test, but they did not have me do the breathalyzer. They arrested me, took me to the station, and tested me various ways for hours. When they finally gave me the breathalyzer, I blew all zeroes, and then they drew blood. When I was finally released, a friend took me to the E.R. and I tested negative for drugs.

Have any of you heard of this happening? My lawyer says that I have a good case, but none of this makes any sense. I can only guess that with nearly 2,000 officers out looking for drunks, they were off to a slow start, so they followed the one guy driving differently than anyone else.

The Phoenix New Times had an article 09/02/14 about 582 DUI arrests, but someone pointed out that when the police mentioned encountering 880 sober designated drivers, they stopped 880 sober designated drivers. They have a chart showing 14,073 total traffic stops, but if you add up total DUI, seat belt, child restraint, under 21 drinking, and other citations, 1,992 officers issued 8,074 tickets.

5,999 tickets fewer than the number of traffic stops.

The MVD will not suspend my license based on a 0.000% BAC, but if I am convicted of DUI, or receive all of these moving violations, I may lose it anyway.

Have any of you heard about a case like this? How do you think this will go in court?

[cactusland]

I think a lawyer will be worth the money for your peace of mind at this point. If everything you say is true you should be fine, but it wouldn't hurt to have that extra protection.

[stizz44]

Wow! All that time and money just to prove you didnt have 1 drink??? Wth!

[observer53]

An anonymous internet forum is the LAST place you should be looking for advice or predictions. If you have an attorney experienced in DUI/traffic matters, his or her advice will be well worth it, as cactusland indicated. That's the advice you should be following.

[Zippyman]

I think they'll drag you through the mud for a few months & (graciously) drop the drunk-driving charge ten minutes before you go to court. New Times had an article a while back about a (dui ) attorney who's wife was accused of drunk driving with a 0.00 bac.. complete with an officer swearing that he "smelled alcohol", she was "swerving", and other (obviously perjured) statements (off topic)

[esiebert7625]

Isn't it impossible to be convicted of DUI when the phyiscal evidence is completely in your favor. Roadside tests are subjective but a breathalyzer and blood test are conclusive. I don't think you have anything to worry about beyond the hassle, stress and disruption this has caused you. If I were the judge and this case came in front of me I'd ream the cops butt out over it. Just another example of bad cops in our society that need to be held accountable for their bs, hope it goes well for you.

[Finger Laker]

0.00 would be presumed non impaired by alcohol .....v if you test clean for drugs you should be ok as far as the serious stuff

Get a good lawyer and the worst you should walk with is some basic moving violations if you aren't skipping details

[Cecil Willard Nguyen]

Originally Posted by observer53

An anonymous internet forum is the LAST place you should be looking for advice. Go see an attorney experienced in DUI/traffic matters. It will be well worth it, as cactusland indicated.

I wrote that I have an attorney.

Originally Posted by Zippyman

I think they'll drag you through the mud for a few months & (graciously) drop the drunk-driving charge ten minutes before you go to court. New Times had an article a while back about a (dui ) attorney who's wife was accused of drunk driving with a 0.00 bac.. complete with an officer swearing that he "smelled alcohol", she was "swerving", and other (obviously perjured) statements.. until cops start to go to jail themselves for lying, the beatings will continue. Remember your experience next time you get jury duty.

I read that May 29, 2008 article a few times--there are not many accounts of people being arrested for DUI with 0% BAC. Heather Squires's husband was in the car, presented his credentials, and the officer claimed the husband pretended to work for the county attorney. There are some similarities between our stories, but I lacked the advice of a drunken DUI lawyer.

I do not describe myself as white, but everybody else does. Squires's case is the only one that I read where they did not claim racial profiling, but the husband had gotten a client out of a conviction, and the same officer made the arrest.

However, I imagine they left the bar well after 7pm, when I was stopped.

Esiebert and Finger Laker, my lawyer says that it depends on whether they find the allergy medication in my blood and can persuade the judge that it impaired me.

[observer53]

Originally Posted by Cecil Willard Nguyen

I wrote that I have an attorney.

I had noticed that after my post, and amended it. 99 percent of people who post threads looking for legal advice are coming here instead of going to a lawyer.

[Finger Laker]

Originally Posted by Cecil Willard Nguyen

Esiebert and Finger Laker, my lawyer says that it depends on whether they find the allergy medication in my blood and can persuade the judge that it impaired me.

This is why you never take the field tests .... Especially if you have nothing in you .... Like talking too much it can only hurt you