how i got completely screwed

[twoguysupnorth]

if you dont consent to a breath test they will take you to a hospital to get your blood drawn with a warrant i believe. and lose your licence for not cooperating. .02 is the legal limit for driving, .08 is/was drunk driving. there could have been an impaired driving but i guess the cop didnt give it to you,judging by the tickets you stated. answer is i dont really know. the prosecuter might be able to push it though. the laws have gotten more strict since i was a youn'un but mip's were like $90 and i think probation with more than 1. you will likely get probation with you weed offence, but ask your attourney about the clause to strike it from your record if probation is completed with no problems. this only works the first time too.

[FakeBoobsRule]

i know i definately fucked up by even driving after ive drank at all. I just dont want people to think i was drunk, i wasnt even buzzed at all. and im pretty sure the legal limit is .02 (for people 21 and over obviously), but i still got the MIP. as for making them suspicious, it was just the license plate cause he turned right behind me and noticed right away

But anyway, what kind of consequences am i looking at here? I know ill go on probation and have to get dropped and that shit. will my license probably be suspended for like 90 days too?
Thanks for your time/consideration

.02 is pretty low for a legal limit. Where I am it's .08

if you dont consent to a breath test they will take you to a hospital to get your blood drawn with a warrant i believe. and lose your licence for not cooperating. .02 is the legal limit for driving, .08 is/was drunk driving. there could have been an impaired driving but i guess the cop didnt give it to you,judging by the tickets you stated.

OK this thread has drifted too far towards the drinking aspect and after I correct a few things I'm going to close it. First of all 0.08 is the level at which most states use to show intoxication of those 21 or older. I think the term is presumptive positive or level or something. All this means is if you are at 0.08 or higher, the prosecution doesn't have to enter into evidence anything else that you were intoxicated as shown by bad driving, (swearing, bad lane changes, wide turns, running off the road, headlights off, causing an accident, etc). You can be convicted with a much lower level but then the burden lies on the prosecution to now show evidence other than the level that you were intoxicated. Now in some states the level is lower for minors such as Paper Tiger.

Next, Paper Tiger, sounds like the stop is good and you aren't going to get anything suppressed. You had an expired tag, (unless there is a grace period which I don't know or have heard about) so they had the right to stop you. You claim one of the beers was in plain view so that not only gives them probable cause but now an exigent circumstance and thus an exception to the warrant requirement. I don't know when you gave them permission to search of offered up the items, whether that was before or after the breathalyzer but if you passed your field sobriety tests or thought you did, you should have refused the breathalyzer. You may or may not have automatically lost your license for some time but it would have been harder to convict you of some of your other crimes. Part of getting a license these days is you have to agree to submitting for drug and alcohol testing and refusal is automatic suspension. However, it is better to be suspended for this and not a DUI because it is a lesser crime and usually doesn't affect insurance and usually has lower fines. You might have even been able to fight that if you did in fact pass field sobriety tests. So they probably would have still searched the car because of the open beer in plain view but they also have your permission to fall back on and the search prior to towing. It's going to be hard to suppress anything with the plain view, consent, and search to towing all working against the warrant requirement.

The other thing you did wrong was drive around with a rolling box of contraband on New Year's Eve, a cop heavy night looking to pull people over. All you needed was a lava lamp, disco ball, and portable DVD player playing a Cheech and Chong movie.

Your best hope is pretrial intervention, withheld adjudication, judicial deferment, whatever it is called in your state. It is basically strict probation (lots of observed drug testing) offered to first time offenders and if you complete the probation successfully and pay out the ying yang your record will be wiped clean.

I'm not a lawyer but that is some pretty solid info though.