Roommate arrested for DUI, now what?

[ct1222]

Hello CG,

My roommate, in her infinite wisdom, decided to drive herself back to the apartment after getting ****faced, stoned, and emotionally compromised.
Unfortunately(or should I say fortunately?) She got pulled over as soon as she ran the first stop sign.
I was called to the scene to pick up the vehicle so it wouldn't get towed. Had a quick chat with the two officers at scene.
From what they told me, she failed every sobriety test in the book, refused to take the breathalyzer test(Which I think means automatically one year suspension), and was promptly placed under arrest.
It would've all been nice and painless if she would just get in the squad car, but she decided to kick the officer in his....sensitive area. They (understandably), threatened to slap on 24X charge(a felony?) on top of DUI.
Now according to the SDSD website, she's been charged with DUI and 148 (a)(1) instead of the 24X, which I believe are both misdemeanors.
She's now out on bail but I'm just wondering if there's a possibility that she could still be slapped with a 24X and face felony charge? I really don't want to move my guns elsewhere or look for new roommates.

Thanks

[Maltese Falcon]

Get a safe.

How is she supporting herself (and rent)? Does no driving = no job?

Me = Not a LEO, sorry didn't notice it was posted in this section.

.

[echoThreeOneSix]

sounds like most new recruits first tour overseas... on a serious note sorry to hear about your predicament. i believe as long as they're locked up and she doesn't have access to them you're fine but we better wait for librarian to give us the official word.

[ct1222]

I have my own lock on the door to my room, and cable lock on each firearm as well. Can't really get a safe as my apartment is on the 5th floor.
We are all college students(not much of a surprise, I know.) Her mom is paying for her living expenses.

[Bobby Ricigliano]

I'd consider the 148pc charge a break. If an arrestee kicks or assaults me I am not going to write it as obstruction.

When she starts feeling a pity party coming on, tell her she is lucky she didn't mow down a pedestrian or a minivan full of kids. If she kicked an officer she is lucky she didn't need to get an OK to book.

There is nothing more despicable than drunk drivers, and I hope they throw the book at her.

[The War Wagon]

I really don't want to move my guns elsewhere or look for new roommates.

Now the FIRST thing you need... is a NEW roommate. Preferably, a GROWN-up.

[ct1222]

I'd consider the 148pc charge a break. If an arrestee kicks or assaults me I am not going to write it as obstruction.

When she starts feeling a pity party coming on, tell her she is lucky she didn't mow down a pedestrian or a minivan full of kids. If she kicked an officer she is lucky she didn't need to get an OK to book.

There is nothing more despicable than drunk drivers, and I hope they throw the book at her.

Tell me about it, don't get me wrong she and I get along, but I'm REALLY F***ING GLAD she was pulled over before she could cause any damage.
And yeah, I don't understand why anyone would want to do what unless they have a death wish....

Now the FIRST thing you need... is a NEW roommate. Preferably, a GROWN-up.

If only it was that easy. A few adults I interviewed outright bolted the moment I mentioned there are firearms in the apartment. The ones that didn't lectured me on why I don't need "instruments of killing" in the apartment.

[SonofWWIIDI]

New roommate needed.

If you do let her back (mistake IMO), be prepared for drama. She's either gonna keep asking to borrow your car, even though she will know she's not supposed to get behind the wheel, or asking you to drive her everywhere. If its her first offense, she'll undoubtedly get at least a few weekends of road crew. Meaning she'll need a ride to and from the designated site she has to report to. She will also probably be ordered not to drink, and to begin taking classes (AA)...another ride needed.

IIRC, since she refused the breathalyzer, her license will be automatically suspended, and she will not be eligible for a provisional license (to/from work and/or school only).

If its not her first offense, it will be worse. Lots of weekends on the road crew, long suspension of license.

I have two acquaintances that have gone through this...twice. Fortunately they are not my roommates.

If its her first time, and she doesn't learn from it, I would definitely look for new roommates.

I don't know about your guns, but just being locked in your room with cable locks probably won't fly. Unless the door is steel in a steel frame and can't easily be kicked in.

She's also gonna need money, a lot money.

$10k minimum in atty fees, court fees, etc. she'll have loss of work time, and if her work schedule can't be worked around the weekend road crew, and evening AA classes, she may lose her job.

If her parents are currently paying her way, and they continue to do so, they may try to pressure you into "keeping an eye on her". Don't let them do that. If something else happens, they will blame you.

Hopefully she has learned her lesson and it won't happen again.

I'm not a LEO, but someone who has seen all of this happen over the years.

Good luck.

[nickbackouris]

Things can always change, but in my experience what they are booked on typically doesn't change on DUI level cases. Doesn't sound like the deps were injured, which is a good thing. I wouldn't expect it to get any more interesting than it is right now.

Hopefully she goes to court and it doesn't go to warrant. You'd have visitors.

I don't know what's worse, the drinking/drugs or being "emotionally compromised" with guns in the house.

Do what you can to ensure her problems don't become yours. You can't control others but you can control who you live with. If she won't leave, you might have to step up to the plate.

[1CavScout]

She needs a good DUI attorney. In my experience, 148 charges are often dropped.

BTW, this does not surprise me. Some of the worst 10-16's I dealt with were drunk females. They think they can do whatever they want, and nothing will happen to them.

[CBR_rider]

She needs a good DUI attorney. In my experience, 148 charges are often dropped.

BTW, this does not surprise me. Some of the worst 10-16's I dealt with were drunk females. They think they can do whatever they want, and nothing will happen to them.

There was a Force Science study earlier this year that showed female arrestees are more likely to assault LEO's than males.

[CinnamonBear723]

Not sure what 24x is, but sounds like PC 69 to me.......

[CBR_rider]

Not sure what 24x is, but sounds like PC 69 to me.......

I was thinking maybe the OP meant 243(b) or 217.1.

[Spec]

Rarely are 148 pushed up to felony status.

on a side note she is going to be broke for a while....I would seriously get ready to pay all the bills for at least 6 months....DUI is going to run her 10K and not having a a license she is going to have a hard time getting to and from work (unless she drives anyway and that is a risk in itself)....

my advise....tell her to go to AA now (before she is ordered), write a letter to the cop saying sorry ( sent certified so she has a receipt), get her life together and throw herself on the mercy of the court.

[Heiko]

Aside from the obvious "luck" that she didn't hurt or kill anyone, she did luck out that she only got a 148(a). Kicking in the groin should have been a 243(b) misdemeanor or a 69 misdemeanor. It's not the worst 148 in the world but depending on the DA they could make her eat that charge as well. It sounds like it would be a charge she would lose if she went to trial.

As someone posted above, this life lesson for her is going to be expensive as well. DUIs are probably the most expensive crime to commit with all the fines, classes, DMV, and insurance stuff involved. I don't think either charge will come with weapons terms but you should research whether 148 is a disqualifying crime for owning or possessing firearms. (I can't remember off the top of my head.) If she refused per 23577 VC then yes, DMV will suspend her license for a year. She can try a DMV hearing but she'll lose, especially given her 148 and refusal. If someone is dumb enough to loan her a car while she's suspended (14601.5) there goes the car for 30 days and probably $1500 in impound fees.

Bottom line, unless she's had 3 DUI priors in 10 years or a previous felony DUI, it's not a felony and the 148 on these facts is not either.