# DUI On ATV ????



## J2! (May 8, 2010)

Well guys I was at Talladega this weekend and we were riding down the side of the road (on the grass) and two state troopers pulled us over and gave two of us a DUI for riding atv's..:thinking: We were NOT on the road, and we weren't acting a fool or cutting up just cruising around about 5mph.. Legal limit is .08 and I was .09, ain't that some chit ?? Another guy was in jail for DUI on a golf cart... Yes really... What is this world coming to ?? Does the state of Alabama need money that bad ?? Anyway, I need to go and try to fight it, I ain't gonna just take this... And they wonder why ticket sales are dropping, cause nobody wants to put up with this kind of crap.. Sorry yall, I'm just so mad right now I just had to vent a little bit !!!:flames:


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## Coolwizard (Feb 28, 2009)

Good Luck .....unless you can beat the breathalizer results, I doubt you have much chance beating the charge.


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## Eight (Mar 24, 2010)

Tell them you were eating poppy seeds.


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## tyler'sgrizz (May 14, 2010)

you can a dui for mowing your lawn while under the influence. did they take your bikes? police are really ennoying people if you get on their bad side


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## J2! (May 8, 2010)

Nope they let the other people that were riding with us drive them back, and they didn't pass the test either.. Five of us failed the test but only two of us got locked up.. They made us take the breathalizer about 8 times each, I think we were passing it and they made us keep blowing until they got the numbers they wanted because I was only one point above legal, nowhere near drunk for sure.. Also, everytime I asked what the results to the test were he told me to shut up and sit on the guardrail... The one trooper kept cussing us and hollaring, so I'm gonna try to file a formal complaint tommorrow..


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## tyler'sgrizz (May 14, 2010)

what a d-bag


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## Brute650i (Dec 17, 2008)

In ms you are only legally bound to consent to 1 breathalizer I would file formal complaint like you said and also use the fact they Let legally impaired persons to drive the wheelers back. Whatever you do get a good lawyer


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## 06BRUTEFORCE (Jun 17, 2010)

Im pretty sure you only have to take 1 test, pretty sure they can't make you re-take it unless it doesn't read right.


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## primetime1267 (Aug 31, 2009)

Get yourself a GREAT attorney, I beat a DUI about 7 years ago. But I had to spend close to 7G's for the best guy in town.. You want to find an attorney that has a great trial record.

Sorry to hear about that, really sucks!!


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## 650Brute (Dec 18, 2008)

O Yes,....

Picture it, West KY Woods, county road, gravel, just wide enough for a full size pick-up....
I had some freinds out for a BBQ and a ride in the creek that went a lil later than anticipated.

We drank Beer a good part of the day and took the 1/4 mile trip on said county gravel road to the creek, and enjoyed a good ride and suds into the night. headin back, ticked a farm hand off who lived in a trailer adjacent to a field in the middle of nowhere, called his buddy sherriff who was "on duty" and in the area (LOL) we got stopped,2 hours later, and several feild test later several of us in cuffs. I passed the test and failed the Breathalyzer (which I knew I would).......

Long and short, Hired an atty, then was advised to plead guilty cos the max for aggravated DUI could get me 6 mos in the clink (on a 4 wheeler)......... And there was no denying being hammered, again, on a GRAVEL ROAD.....

To summarize, 6 days in Jail, loss of license for 6 months, and about $2200 in fines, all for a ride in the creek with the fellas in the sticks. (side note) No deal at all for me, I'm in my mid 30's and had never had as much as a speeding ticket.... They cared not.


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## badazzbrute (Apr 11, 2010)

Brute650i said:


> In ms you are only legally bound to consent to 1 breathalizer I would file formal complaint like you said and also use the fact they Let legally impaired persons to drive the wheelers back. Whatever you do get a good lawyer


Same in Louisiana. I am thinking that it is the same most places. If they "made" you take the test over and over again, there's a little ammo. Also, they are required to tell you the results of the test when you take it. The first test, pass, they have to tell you and let you go... If you fail the first one, you can request another test if you think the first one was bogus and they have to give you the second test as well... You got a bum rap on this deal... Sorry buddy... If it were me, I would spend the extra money on an attorney just to not have to give it to the state... But, thats just me....


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## rowdy-outty (Jul 28, 2010)

Well I think its common knowledge that you can get a DUI on ANY motorized veihicle on ANY state or county land. In fact in Texas you can get one on a horse or bicycle! Really! My brother'n'law is a State trooper and he is a d!ck just like the rest of them and Im guessing you and your buddies didnt k!ss there arse wich made them decide to hang you out to dry. Your whole event will be on video and im sure they didnt demand you to continue taking the test but rather asked you to. That is legal for them to ask you to do it as many times as they like, but they cant make you! In other words its up to you to know your allowed to say no after the first because they dont have to tell you that. Most people think if a cop asks them to do something they have to so they dont say no. Taking the breathalizer the first time was your first and last mistake! Once you blow your stuck with that DWI, good lawyer or not.


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## jyarber (Oct 27, 2010)

Should of not blown. You would of went to jail for not doing it but could fought it then!! At least here in MS you can resist.


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## 1bigforeman (Jun 23, 2009)

I'm fighting one now. My lawyer costs $4,000, I lost my license for 90 days for not blowing, went to jail and had to bail out, and if I lose the case, I get another 90 day suspension, have to pay for dui classes and take them, pay the fines ~$1,100....and probably have to get SR-22 insurance. Expect the worst but hope for the best. It's going to get worse no matter how you go about it.


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## Big D (Jun 23, 2009)

If you thought I was okay before, you're going to hate me now. I am totally against drinking and driving. 

It's one thing for you guys to have a few while on the trail, but if you're drunk..... that's another story. 

I don't know how many times I've read a story about a crash where alcohol was a factor the drunk guy ended up with a few cuts and bruises and the other person died or is now paralyzed or whatever.

There's already a thread about flipping quads. I don't know how many of those happened when people were drunk but I do know that it can happen just because. If your reflexes are slower or your judgement is off the chances are greater.

Go out and have fun, but play it safe for you, your family, people around you....and your mud buddies here.

There, I'm off my soapbox now :soapbox:


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## brute21 (Mar 12, 2010)

Thats Sucks bad man. I would call a local attorney that does DUI's and ask him what you should do but the best thing you can do is know someone in the dept. that can mabe talk to the guys that gave you the tickets and that would help out. I hate cops that think they can do anything. I can understand about a 4 wheeler but a golf cart? You can not get a DUI on anything that goes faster than like 40 miles an hour but you could get a public drunk


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## 1bigforeman (Jun 23, 2009)

brute21 said:


> Thats Sucks bad man. I would call a local attorney that does DUI's and ask him what you should do but the best thing you can do is know someone in the dept. that can mabe talk to the guys that gave you the tickets and that would help out. I hate cops that think they can do anything. I can understand about a 4 wheeler but a golf cart? You can not get a DUI on anything that goes faster than like 40 miles an hour but you could get a public drunk


Try again....you can get a DUI on ANYTHING you can drive. This includes tractors, lawnmowers, bicycles, or even a skateboard. You can also get a DUI if you are in your vehicle sleeping if the keys are within your reach. You don't have to even be driving.


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## brute21 (Mar 12, 2010)

Yeah you might be right now that I think about it I meant if you have a small engine on a Jon boat they can't give you a BUI. Still sucks for the guy I mean .09 come on people I bet he was sober when he blew at the station and that's the only test that counts


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## monsterbrute750 (Apr 13, 2010)

Actually as told to me by my friendly local Sheriff's Dept, if it is 49cc or greater and operated on a public roadway with a posted speed over 35 MPH , it is a DUI. Any vehicle [ lawn mower , bicycle , or propelled vehicle being self or motorized ] operated on a public roadway posted 35 MPH or higher is a DUI. 49cc or less operated on a public roadway posted 35 MPH or less, is a PI.


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## J2! (May 8, 2010)

Well we were not on the road itself we were on the side of the road. And we were actually stopped when they pulled up. I had lost my hat and stopped to pick it up when they arrived.. They told me to get back on the bike and then gave the breath test.. We were just trying to comply and not give them a hard time in any way.. I talked to a few attornys today, they seem to think I will have a good chance of maybe paying a fine, community service and DUI classes and if all goes well it should get dropped.. As for being drunk, I only had about 5 beers and I'm a 240 pound fella so I was NOT drunk by any means, when we are drinking we know when to park them.. We are resposible enough to do that, that's what makes it so bad.. Still gonna end up costing 5 to 6 grand..And that sucks... There goes christmas.. LOL


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## Coolwizard (Feb 28, 2009)

jyarber said:


> Should of not blown. You would of went to jail for not doing it but could fought it then!! At least here in MS you can resist.


In KY, failure to submit to a sobriety test is an automatic DUI with no recourse. Also, if the key is in it (regardless of whether you are in/on it) you are considered to be driving it. Most of the time they want to give you more than 1 breathalizer test. They usually space them out about 20 minutes apart to see if your levels go up or down.


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## 650Brute (Dec 18, 2008)

Yep, thats true regarding KY Laws on refusal.


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## brute21 (Mar 12, 2010)

Man I wouldn't even get an attorney just plead gulity wear something nice and be curtious. If it's your first time to get In trouble judge should just hit you with a fine and suspension of license and mabe some community service and DUI classes


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## brute21 (Mar 12, 2010)

They provide you with a free attorney when you walk in an save your money


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