Post-DUI UI?

June 26, 2006 9:08 AM

Asking for a friend. He got a 4th degree DUI about 2 weeks ago, blew .226. Ouch. Luckily he didn't kill anybody and such. Regardless, his court date is in 2 weeks and he's wants to know if they're going to give him a UI for any reason after that (probation, etc).

He likes smokin' the ganj, but is concerned that they're going to make him piss after all his court stuff goes down. Should he puff away happily or pass on the pipe? This is going down in Minnesota.

posted by baphomet to Law & Government (27 answers total)

Let me get this straight..... you have a friend who is about to go to court for a fourth degree DUI, and you are wondering whether he should lay off of drugs before the trial?

Yes. Both of you need to lay off the pipe.
posted by crazyray at 9:20 AM on June 26, 2006 [3 favorites]

Best answer: they probably won't test him until he meets his probation officer. if he tests positive early, they will continue testing him a lot.

a friend of mine went through this--and failed several tests. at the end of his probation, they took him back to court and made him serve the rest of his sentance.
posted by lester at 9:22 AM on June 26, 2006

ditto crazyray. The answer is completely obvious.
posted by pmbuko at 9:23 AM on June 26, 2006

Response by poster: lester is the only person who has answered the question. Neither I nor my friend give a shit about your judgements. The question wasn't, "Help me figure out what my friend needs to do with his life," it was quite clearly stated above. Further posters can refrain from nthing the derailers please.
posted by baphomet at 9:24 AM on June 26, 2006

Judgements, schmudgements. Your question was "Should he puff away happily or pass on the pipe?" and the oh-so-obvious-to-everyone-except-you answer is yes, he should pass on any additional recreational drug use prior to his trial.
posted by crazyray at 9:28 AM on June 26, 2006

Lay off the weed. Get an excellent lawyer and make sure your friend tells him about the 420.
posted by Ironmouth at 9:39 AM on June 26, 2006

Yes, he should stop smoking pot. While not in the same state (it was here in Michigan), I had a coworker who got a DUI and they gave him drug tests once he was on probation.
posted by klangklangston at 9:56 AM on June 26, 2006

baphomet, before you ride away on your high horse, consider that if your friend went to any decent criminal defense lawyer with this question, he would not only receive legal advice about his current situation, he would receive practical advice about the jeopardy he might be putting himself (and others) in in the future in light of his choices. He would be advised to lay off intoxicants not just because he might be tested, but because his decision-making abilities are clearly questionable. So rather than worrying about others' "judgmental" attitudes, you might consider that you(r friend) is receiving advice that is more valuable than the specific question you asked.
posted by pardonyou? at 9:58 AM on June 26, 2006

According to this website:

Fourth Degree DWI - §169A.27

A fourth degree DWI is charged if there are no aggravating factors. That means no prior DWI or DWI related license revocations. Additionally the driver cannot have a blood alcohol concentration in excess of twice the legal limit (.20) or have refused to take a test to determine that blood alcohol content.

A fourth degree DWI offense is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.

So I have a question for you. Are you mistaken about it being a 4th degree DUI or am I missing something here?
posted by SeizeTheDay at 10:01 AM on June 26, 2006

In Minnesota, probation may include house arrest, face-to-face contacts with probation officers and drug testing. (emphasis mine)

Source: Minnesota Department of Corrections

For more details about probation, you can also contact:

Minnesota Department of Corrections
1450 Energy Park Dr., Suite 200
St. Paul, MN 55108
651-603-0193
posted by cup at 10:03 AM on June 26, 2006

If it's a first offence, they may let him go by going into a "rehabilitation program", which includes driving schools, mandatory AA meetings, and maybe monthly (if not weekly) drug tests. Yes.. lay off the weed. Treat yourself to it when the whole ordeal is over.
posted by triolus at 10:07 AM on June 26, 2006

Mod note: a few comments removed, take moralizing and/or editorializing to MetaTalk
posted by jessamyn (staff) at 10:13 AM on June 26, 2006

cannot have a blood alcohol concentration in excess of twice the legal limit (.20)

.226 is not twice the legal limit.
posted by empath at 10:14 AM on June 26, 2006

empath, I was confused by that at first, too. But they were just doing the calculation for you -- .10 is the legal limit in Minnesota, so .20 is twice the legal limit.
posted by pardonyou? at 10:17 AM on June 26, 2006

I believe that .20 is twice the legal limit. I may be mistaken, but I believe the legal limit in minnesota is .10.
posted by shmegegge at 10:18 AM on June 26, 2006

Here're a link about the .20 stuff.

From the linked page:


Will the Aggravating Factor AC Level Change?
Lowering the presumptive AC limit will not change the level that triggers an aggravating factor. The aggravating factor level will remain at 0.20.
posted by voidcontext at 10:23 AM on June 26, 2006

As a Minnesotan, I'm pretty sure that the legal limit was reduced to .08 last year.

Twice is thus .16 and three times .24.
posted by unixrat at 10:54 AM on June 26, 2006

.08 is what I thought was the common limit - that the feds attached their road money to, except it or pass on funding for your state highways... but maybe it does vary from state to state.

also

Judgements, schmudgements. Your question was "Should he puff away happily or pass on the pipe?" and the oh-so-obvious-to-everyone-except-you answer is yes, he should pass on any additional recreational drug use prior to his trial.

I concur
posted by crewshell at 11:01 AM on June 26, 2006

Best answer: He may be facing stronger tests than UI. They may test his blood. They may test his hair. If he tests positive early in his probation he is opening himself up to strong monitoring, which will greatly increase his chances of violating probation.

Any drug tests may in fact occur that day, as the DA or prosecutor may request an alcohol/drug screening before, or immediately after, the court appearance.

I concur with others that the best strategy, 2 weeks before the court date, is to lay off the ganga until after sentencing, etc.
posted by disclaimer at 11:16 AM on June 26, 2006

"I concur with others that the best strategy, 2 weeks before the court date, is to lay off the ganga until after sentencing, etc."

Until his probation is over, even (should he get probation and not jail).
posted by klangklangston at 11:19 AM on June 26, 2006

lester is the only person who has answered the question. Neither I nor my friend give a shit about your judgements.

True enough, but the judgement you do have to worry about is the legal one, which lester points out for his friend resulted in finishing up his sentence. Remember, the judge won't give a shit about your beliefs either (or he might, but he still might have to follow the rule of the law).

So, it's a choice of sorts. If your friend doesn't mind going to jail for what he believes in (unjust laws that outlaw the use of what should be a perfectly acceptable recreational drug) then he shouldn't worry about it and do what he normally does.

If you prefer to play within the system, shut down the smoking a while and let them think you're going to church every weekend and kissing jebus' butt and you'll never every touch that evil alcohol or any other drug EVER AGAIN your honor.

In the long run, the latter gets you a longer term ability to continue your normal behavior by postponing your normal behavior for a little while. Kind of sucks.

(Off topic of question... YEESH! Don't let that guy drive again if he's drinking like that! Holy smokes...)
posted by smallerdemon at 11:22 AM on June 26, 2006

whups, kk, thanks - that's what I meant - until the "punishment phase" is over and the threat of more UI testing is gone.
posted by disclaimer at 11:46 AM on June 26, 2006

Baphomet, assuming you are calling me an ask me whore, I'd suggest you listen to my advice. Check my profile.
posted by Ironmouth at 12:20 PM on June 26, 2006

Response by poster: A few things here...if you look at my posting history on askme I've had no qualms about posting questions regarding my own self which reveal somewhat embarassing details about myself. If this had happened to me I would have made that clear, but while I do enjoy the whiskey (not quite as much as my friend), I make it a point to never drive afterwards. I live in the city, so if I go out to drink I walk or bike. I am indeed not the subject of this post.

SiezeTheDay: not sure about the legalities involved in it being 4th or 3rd degree or whatever, but he showed me his court summons last night and it said 4th degree.

To those who have suggested that my friend is in poor judgement: I completely agree, and so does he. This experience has made him reaize that driving is a horrible idea for him...regardless of his legal situation regarding driving (which will not be legal for him for a damn long time), he has decided to commit to transporting himself with bike power/public transportation as a long-term necessity...so at least he has some sense in him.

Thanks to all who posted specific information...and now, my high horse and I are heading for the sunset.
posted by baphomet at 12:25 PM on June 26, 2006

Yes, have your friend lay off the weed. A good friend of mine blew .08 in DC under their much-reviled zero tolerance party. She failed a piss test (pot) but then she stupidly left the country for school. When she came back and turned herself in but then had to go through pissing in a cup, twice a week, for six months.

No more pot until this blows over. He should probably get a haircut, too, the hippie. ;)
posted by frecklefaerie at 1:04 PM on June 26, 2006

Your friend should also be aware that judges tend to be more pissed about violation of probation than they are about the original charges. If he gets less than the max jail time plus probation he doesn't want to see that judge again. He could get two days with 88 suspended for the DUI and end up, in effect, serving the 88 for failing a drug test.
posted by Carbolic at 1:36 PM on June 26, 2006

By the way, if your friend ever does get pulled over drunk (not that he should be doing that) he can refuse to be breathalized.
posted by Paris Hilton at 1:55 PM on June 26, 2006