DWI / DUI What is your experience?

[aircooled]

Here's what I've learned as of now (in my State, NC). My license is revoked for 30 days, but after 10 days you can get restricted privileges to go to work and back)..
The recommended attorney in this area cost $1800 (plus I have to pay court cost), I may not have to appear in court.
It's possible that from what I blew that I may have to have a "Breathalyzer" installed in the car also. I hope that this being a first offense will keep that from happening.

I'm 36 years old and made the largest mistake of my life. It not only effects me but my wife and my daughter. I Hope they forgive me...

 

A breathalyzer installed in the car?
Like you have to blow through it in order to start your car?

 

[scarpent]

None.

 

[FelixDeCat]

Originally posted by: aircooled
Here's what I've learned as of now (in my State, NC). My license is revoked for 30 days, but after 10 days you can get restricted privileges to go to work and back)..
The recommended attorney in this area cost $1800 (plus I have to pay court cost), I may not have to appear in court.
It's possible that from what I blew that I may have to have a "Breathalyzer" installed in the car also. I hope that this being a first offense will keep that from happening.

I'm 36 years old and made the largest mistake of my life. It not only effects me but my wife and my daughter. I Hope they forgive me...

Get a bar certified criminal defense lawyer. See if he can work out a deal whereby you pay the normal penalties (victim impact, fines, etc), but it drops off your record after a certain number of years. No sense in having it affect you 20 years later, especially if you plan on staying on the straight and narrow for the sake of your family.

 

[aircooled]

Originally posted by: SampSon
A Breathalyzer installed in the car?
Like you have to blow through it in order to start your car?

yep you have to pass a breathalyzer before your car will start.

I have no excuse. I had the day of off work
and drank while doing chores around the house. I neded some stuff from radio shack and got pulled over on the way home.

Please learn from my mistake. This will cost me alot of money and worse than that I have to explain it to my daughter. Life sucks right now, and it's my own fault.

 

Originally posted by: aircooled

Originally posted by: SampSon
A Breathalyzer installed in the car?
Like you have to blow through it in order to start your car?

yep you have to pass a breathalyzer before your car will start.

I have no excuse. I had the day of off work
and drank while doing chores around the house. I neded some stuff from radio shack and got pulled over on the way home.

Please learn from my mistake. This will cost me alot of money and worse than that I have to explain it to my daughter. Life sucks right now, and it's my own fault.

The hell with that, there is no way I would agree to having one of thoes installed on my personal property.

The govt has the right to take away my driving privileges but I'll be damned if they tell me what I do with my personal property.

 

[alkemyst]

Originally posted by: Ronstang
It will cost you at least $2K so bend over and learn.

They must have given you a discount.

I paid out about $4000. Had to go to 2 AA functions, a couple classes....maybe 20 hours or so, the classes were not bad...the AA functions everyone thought were laughable, but if you laugh you get kicked out. I could have probably gotten out cheaper but I wanted it over with. The biggest PITA is the month or so you can't drive at all. After that you have like 3 months where you can only drive back and forth to work.

No insurance hike for the first one usually...you'd be surprised how many have at least one DUI under their belt by the time the reach their 30's.

All in all it didn't really affect me but for the moment. The biggest 'loss' was a guy from New York that had a $50k car (he owned free and clear) impounded while he was washing it in his driveway. He blew also one of the lowest in the class (outside the few minors), something like .10...he was an attorney and was fighting the law. Had another $150k of his own money into it.

Å

 

[Need4Speed]

Originally posted by: FelixDeKat

Originally posted by: aircooled
Here's what I've learned as of now (in my State, NC). My license is revoked for 30 days, but after 10 days you can get restricted privileges to go to work and back)..
The recommended attorney in this area cost $1800 (plus I have to pay court cost), I may not have to appear in court.
It's possible that from what I blew that I may have to have a "Breathalyzer" installed in the car also. I hope that this being a first offense will keep that from happening.

I'm 36 years old and made the largest mistake of my life. It not only effects me but my wife and my daughter. I Hope they forgive me...

Get a bar certified criminal defense lawyer. See if he can work out a deal whereby you pay the normal penalties (victim impact, fines, etc), but it drops off your record after a certain number of years. No sense in having it affect you 20 years later, especially if you plan on staying on the straight and narrow for the sake of your family.

DUI is not criminal offense..its a traffic infraction...the only place it will appear is on his driving record.

 

[Need4Speed]

Originally posted by: aircooled

Originally posted by: SampSon
A Breathalyzer installed in the car?
Like you have to blow through it in order to start your car?

yep you have to pass a breathalyzer before your car will start.

I have no excuse. I had the day of off work
and drank while doing chores around the house. I neded some stuff from radio shack and got pulled over on the way home.

Please learn from my mistake. This will cost me alot of money and worse than that I have to explain it to my daughter. Life sucks right now, and it's my own fault.

life doesnt suck...and its not the end of the world...you'll soon realize that. you made a mistake...period. get it behind you and move on. if its your first offense im sure they will take it easy on you. you'll still be able to get back and forth from work....you'll be out some cash...but its only money. youve got your family...try and enjoy the holidays a bit. feel free to PM me if there is something you want to ask or talk about

 

[Need4Speed]

Originally posted by: SampSon

Originally posted by: aircooled

Originally posted by: SampSon
A Breathalyzer installed in the car?
Like you have to blow through it in order to start your car?

yep you have to pass a breathalyzer before your car will start.

I have no excuse. I had the day of off work
and drank while doing chores around the house. I neded some stuff from radio shack and got pulled over on the way home.

Please learn from my mistake. This will cost me alot of money and worse than that I have to explain it to my daughter. Life sucks right now, and it's my own fault.

The hell with that, there is no way I would agree to having one of thoes installed on my personal property.

The govt has the right to take away my driving privileges but I'll be damned if they tell me what I do with my personal property.

unfortunately there isnt much we can do about that...if the court decides then that's it. i dont agree with it either, but we live in a world where big brother has his hand everywhere

 

[Vette73]

Originally posted by: Need4Speed

Originally posted by: SampSon

Originally posted by: aircooled

Originally posted by: SampSon
A Breathalyzer installed in the car?
Like you have to blow through it in order to start your car?

yep you have to pass a breathalyzer before your car will start.

I have no excuse. I had the day of off work
and drank while doing chores around the house. I neded some stuff from radio shack and got pulled over on the way home.

Please learn from my mistake. This will cost me alot of money and worse than that I have to explain it to my daughter. Life sucks right now, and it's my own fault.

The hell with that, there is no way I would agree to having one of thoes installed on my personal property.

The govt has the right to take away my driving privileges but I'll be damned if they tell me what I do with my personal property.

unfortunately there isnt much we can do about that...if the court decides then that's it. i dont agree with it either, but we live in a world where big brother has his hand everywhere

No they don;t have to offer that. Its have the breathalyzer or don;t drive. They don;t force it on you, you usually have to ask for it.

So I am sure there are plenty of people that are glad they offer it now. I have seen some here as I also live in NC. Also in NC we will start taking your car, if you get more DUIs, and sell it. I hope aircooled knows that.

 

[alkemyst]

Originally posted by: Need4Speed

Originally posted by: FelixDeKat

Originally posted by: aircooled
Here's what I've learned as of now (in my State, NC). My license is revoked for 30 days, but after 10 days you can get restricted privileges to go to work and back)..
The recommended attorney in this area cost $1800 (plus I have to pay court cost), I may not have to appear in court.
It's possible that from what I blew that I may have to have a "Breathalyzer" installed in the car also. I hope that this being a first offense will keep that from happening.

I'm 36 years old and made the largest mistake of my life. It not only effects me but my wife and my daughter. I Hope they forgive me...

Get a bar certified criminal defense lawyer. See if he can work out a deal whereby you pay the normal penalties (victim impact, fines, etc), but it drops off your record after a certain number of years. No sense in having it affect you 20 years later, especially if you plan on staying on the straight and narrow for the sake of your family.

DUI is not criminal offense..its a traffic infraction...the only place it will appear is on his driving record.

Well yes and no. It's doesn't follow due process due to being in traffic court, but you commit felony DUI and it will appear on all records.

Also to others spouting out about the breathalyzer. This is a very flawed test. Even most elementary scientist would know you don't try to test for one thing in another medium because it's present there when you can go to the source.

The breath tests record blood alcohol level based on blood in your respiration. It's different for all people hence why you can request a blood test. I am a regular drinker, I was stopped on a night I had very little to drink and blew a .168. The reasoning is I had a large open wound in my mouth. The officers should have never tested me.

To fight this would have started at about $10k, I would need to hire expert witnesses as self-testimony and research are not good enough for traffic court. These witnesses would have to be at each hearing and there are usually two to three of them here in Florida. Also during the hearing process which lasts about 1-2 years, I would not even be able to drive to work.

Å

 

[aircooled]

I've been advised from my attorney to not say anything to anyone that would effect me legally. My lawyer says that most first offensives are reduced or dismissed due to technicalities (machines calibrations etc...) unless they are multiple offenses.

I still feel sh1ty about it

 

[meltdown75]

heh. listen to this one.

a friend of mine just went to trial this week for a DUI he got nabbed with back in February. the officer that busted him was there all morning, but left before his trial began because of another case beforehand that had went on for way too long (waiting for ANOTHER officer to show, who didn't either!)...

anyhoo, to make a long story short, his case was thrown out and he gets to keep his license.

i know all you boys will just love to hear that, so there you go, flame away

personally i think it's a pretty nice fscking Christmas present and probably the luckiest thing that has happened to him in a while.

 

[BigJ]

Originally posted by: SilentZero

Originally posted by: Need4Speed

Originally posted by: SilentZero

Originally posted by: Need4Speed

Originally posted by: piasabird
DWI is legal Drugs, and usually means Alcohol.

Intixification refers to a legal limit of Alcohol in the bloodstream. If you are less than the legal age for Alcohol just alcohol on your breath is enough in certain states.

DUI is usually illegal drugs.

you've got no idea what you are talking about...

DWI is Driving while intoxicated .08BAC and above
DUI us Driving while ability impared .05 to .079

you can get charged with either after smoking pot depending on how wasted you are. The majority of the arrests are alcohol related...hence the BAC system. they do have fields tests to detect THC etc...

Depends what state your in. My friend here in NY got a DUI last week for blowing a .02 (thats 1 beer, and he is one of those guys who it takes about 10 beers to get a good buzz...so it obviously didn't affect him at all)

those numbers are for NY. MN was the last state to adopt the .08 DWI levels. If your friend got nabbed at .02 then there is something else that your missing...they dont arrest people for .02.....maybe he had a beer and a few joints.

No. There is nothing else. He is a physicist for a large company, married, 3 kids, no drugs, only drinks on occassion, and I have known him for over 20 years. He was nabbed for a DUI at .02 BAC driving from his home to pick up food at a local eatery. I haven't spoke to him since it happened, although I haven't spoken to him since that night and I don't yet know how court went.

In NY:

What are the alcohol and drug-related violations in New York State?

BAC = blood alcohol concentration

* DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
* DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
* DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol).
* Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license.
* Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

There HAD to have been something else for him to get charged with DWAI and only blowing a 0.02.

 

[HomeAppraiser]

One of my wife's friends husband is an ex NJ trooper who now makes big bucks as an expert witness for DUI defense attorneys. He gets a lot of arrests thrown out by pointing out errors in the police procedure. Maybe a hired gun like that could help. Whatever happened to first offence diversion?

 

[Xyclone]

It can cost up to $7000+ these days if you need a lawyer, two.

Yay for drunk driving! Cheaper than a cab!

 

[alkemyst]

Originally posted by: aircooled
I've been advised from my attorney to not say anything to anyone that would effect me legally. My lawyer says that most first offensives are reduced or dismissed due to technicalities (machines calibrations etc...) unless they are multiple offenses.

I still feel sh1ty about it

Your lawyer is full of it or extremely optimistic. To prove a machine failure you'd need an expert witness and them to test that machine. Also if your testimony fails that machine just about everyone else that night walks.

First offenses are usually given the minimum sentence, providing you do come in all brash and try to tell the judge you are totally innocent.

Due to MADD/SADD and their lobbying a judge must give the minimum sentence (which is mild).

Now in Florida it's basically:

$250 for anything under .20BAL. Most it's $500

50 hours of community service (jail is not an option in lieu of this), however; you can request it I am sure. Fortunately the state puts your time at $10/hr and you can buy your time out. +$500 for me

Probation 1year (DO NOT GET A 2nd DUI EVER!!1! BUT DEFINITELY NOT DURING YOUR PROBATION OR ALL BETS ARE OFF ON YOUR A$$)

Imprisonment: 0 to 6 months....most often no jail time is given out...due to Florida's screening/holding rules you most have likely spent most of a day in jail. Florida requires 8 hours minimum and that your are less than .05BAL at time of release and not still impaired (although I was never tested leaving).

Impoundment (via wheel lock in your parking area) 10 days (which is stupid as you can't drive anyway technically). There is a Loophole if you share this vehicle with another and that is the only transportation.

Loss of license: 6 months, up to 1 year (after 30 days you can drive for work providing you are not contesting your arrest).

Driving School plus a couple of impact fees, sit in's with MADD/SADD for the chemical councelling part of the show and then court costs (anohter $400-500).


Exceptions:

causing property damage escalates you to first degree misdemeanor and can double fines, impound, and jail time.

causing serious bodily injury you get a third degree FELONY and you can get up to $5k/5 years of jail. If you were a previously convicted felon these can be increased further.

Kill someone you get a second degree felony, up to $10k/15 years jail...if you panic and leave the scene automatic first degree felony still only up to $10k but up to 30 years of jail time.

Manslaughter and homicide are treated equally as far as max sentence. You also lose your license permanently (in 5 years for a first time offender they can apply for a work-only license).

 

[alkemyst]

also DUI's will usually not get thrown out of court if the officier doesn't show at least here in Florida.

They are really not going on anything the officer did or did not do, just the results of the blood or breath test.

This is not criminal or civil type court...traffic court has it's own rules which do not have to follow due process.

Most hired attorneys will do exactly what you can, plead no contest and ask for the minimium sentence...if you are retaining someone at about $5K+ they may do a little more legwork, but for a first time offence you better have money to burn.

It's been 4+ years since mine and hasn't impacted me at all.

 

[PlasticJesus]

Originally posted by: aircooled
I've been advised from my attorney to not say anything to anyone that would effect me legally. My lawyer says that most first offensives are reduced or dismissed due to technicalities (machines calibrations etc...) unless they are multiple offenses.

I still feel sh1ty about it

I guess challenging a machine's calibration is where the 1800 or 2000 bucks for your lawyer comes in.

When I was stationed over in Jacksonville NC I used to have to go to court with my guys whenever they got in trouble. Two of these guys got busted for DUI or DWI at different times. They each used the same lawyer that cost them less than 300 dollars.

First guy goes to court and a witness doesn't show and prosecution asks for and gets a continuance. He goes again and a witness doesn't show and prosecution asks for and gets another continuance. He goes again and the arresting officer is working a NASCAR race over in Charlotte so the prosecution asks for and does not get a continuance. Just like that, the case is dismissed.

Second guy goes to court and his last name starts with a W so we are there all day. How it works is the prosection gets the first shot and their guy also takes the stand first. For whatever reason the officer states that he pulled my guy over and had him walk an imaginary line and my guy stepped off the line so many times going out and so many times coming back. The defense gets to question the prosecution witness and my guy's attorney restates what the officer said about the imaginary line and asks the officer "How do you know that Mr. W was imagining the same line that you were?". Just like that, all charges except speeding were dropped. Never mind my guy failed all other field sobriety tests. Never mind he blew point-whatever.

Crazy things can happen in the courtroom.