ok, for future knowledge/reference i made an anonymous call to my local FSDO requesting info on fixing the misunderstanding as smoothly as possible and their talk about contacting asap was good but they never answered any questions i had about penalties. The best thing is to get a lawyer.

If you are an AOPA member, you might consider joining the legal protection plan. It may save you money on your legal bill. Just make sure the plan will cover a pre-existing situation.

It won't. That would be like selling insurance after-the-fact. Nobody would bother to pay premiums until they had a huge loss.

Worth a try?
 

There is an attorney that is a guest from time to time, on the BTLS show, that takes phone calls and gives some quick legal advice. I think I heard him talking about getting a DUI, sealed and expunged(sp?). It might be worth a try. I had written it down...just in case
The number is 727 4431562..somewhere on the west coast of Florida.
The attorneys' name is Kevin.

Very good points. Anytime you are stopped for any reason you had best know your rights and what is expected during the stop. In many jurisdictions the DUI process will short circuit your due process. Don't drive and drink-the risk to everyone is too great.
Anytime a police officer initiates a contact with you, he isn't doing it for fun.
Cops are generally good folks, but the realities of their job make you look like food. Be careful.

To the OP: Get a Lawyer and see what he can do for you as far as getting this cleaned up. Your best strategy would be to get the DUI to vanish and the other problem will take care of itself.

Not sure where you are located, but this guy (link below) regularly visits the Bill Cunningham show in CVG (usually on the friday prior to a traditional drinking holiday). His advice (after being stopped for suspected DUI), when the officer asks if you've had anything to drink:

"Before I say or do anything, i'd like to consult an attorney".

You'll be arrested, but the strategy is to limit proof. These are the only things that should come out of your mouth. In OH, they calibrate the breathylizers only once per week. Don't drink and drive of course, but use it for future reference.



Cincinnati Criminal Defense Lawyer, Ohio, DUI Attorney, Drug Offenses, White Collar Crime, Westchester, Oxford, OH, Covington, Kentucky

thank you to everyone who for the support. this is definitely not going to disappear as i thought it would. i am gonna give all options a try. i couldn't afford the lawyers i consulted with but i am still gonna continue looking. not for too long though. i was thinking about going to the local fsdo and trying to just rectify the situation. i made an honest mistake by not reporting it in a timely fashion and i am hoping that showing that in person may be better than trying to write a letter or send emails. phone calls may be impossible.

again thanks all and i will definitely consider every option given.

Of course, all that does is limit, not eliminate, the amount of proof. And it assumes that, after drinking a few you'll have the presence of mind to say only that and then shut up - most sober people can't.

I once saw a video of a man sitting in an interview room at a police station after having been pulled over for a DUI. He was following this advice, asking for his lawyer (by name). The video alone would have been enough to convict him.

And of course, none of this will help much with the FAA. In most (all?) states, the pull-over and the breath test refusal will result in an administrative suspension of driving privileges - a "motor vehicle action" reportable under 61.15, no matter what happens on the criminal end.

Wrong Wrong Wrong, only a BAC datamaster is admissible in court. Failing standard field sobriety tests does not mean you can be arrested for OWI, that is just part of the Probable cause needed (resonable person test) to suspect you are under the influence. Even the portable breath (handheld) machines you see officers carry are not admissible in court.

Unfortunately, since he was convicted. (Guilty) of the offense, you will not be able to make it vanish. Only dismissals vanish.