Originally Posted by wreck1819
Since this is the only forum I am a member of I thought I'd ask yall this.
Last night I did something stupid and never do, drove home drunk from the bars after I got some things off my mind (woman related) and was pulled over and arrested for DWI. I blew a .26 and was carted off. I was completely complacent and offered no problems was even thanked for how understanding and courteous i was to the leo's. I have an appointment with a lawyer this weekend to see if anything can be done but wanted to ask around to see if anybody had any experiences of any kind .
I have a completely clean record other than two warnings one speeding one stopping at a stop sign. I was originally was planning on going to OCS and possibly retiring as a game warden but now i think those dreams are forever gone because of one mistake.
Is there any hope for me at all in this giant mess or am I left in this seemingly endless crappy spiral of my mistake.
Thanks for listening and I completely understand if yall just want to chew out for my stupidity.
All hope is not lost. My brother was picked up for drunk driving just before he joined the Corps. Passed the field sobriety test, but refused to blow. Here if you refuse to blow they automatically take your license, without due process, for twenty four months. Because he refused to blow and passed the sobriety test the LEO did not have cause to arrest him and compel a test at the station. Meaning in court the judge agreed that the arrest needed to be stricken along with the compelled test at the station because under the law all he could do was take his license and wait for someone to pick him up.
But wait there was more.
Because of what was said in Thompson v. Smith and others, they had to restore his license.
"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness."
So, as it is a right, not a privilege as many believe, it can not be revoked without due process of the law.
Know your laws and employ an attorney that is even more well versed than you.
ETA: I believe the only reason they gave it back was because at the time there was a big right to travel movement here. If they would have denied him it would have gone higher, and as we can imagine that could be very bad for many aspects of the "privilege" to travel.