Got a DUI!! Can anyone give advice?

[tybz28-#2]

Damn I screwed up. Went to this local hangout bar that is 4 miles from my house. Drank too much and was stupid enough to try and drive. Got pulled over, arrested, DUI. Im so dissapointed in myself and I just cant stop thinking about how screwed i am. Im 23 years old and have a clean driving record.

Can anyone with experience with this please tell me what to expect, and maybe give me some advice. Im extremely depressed.

You can also lecture me if you want but i know how stupid it is for putting myself and others in danger.

 

[Gymgurl]

Depends on what state you live in.....in Michigan you would get 3-10 days in jail, probation and fines, communtiy service, mandatory alochol and drug testing and some type of alcohol treatment or eduaction......I would start going to AA meetings if I were you and enter a aclohol/drug counseling now so that when you go to court your attorney can show the judge that you are already working on things....what did you blow...cause that will make a difference also

 

[jaded]

I don't have any actual advice to offer, as I'm not even in the same country as you and have no experience or knowledge with DUIs or the law, but good luck... and Gymgurl's advice sounds pretty sound.

 

[Gymgurl]

I forgot to add that your drivers lic.will be suspended or restricted

 

[ChefWide]

Damn I screwed up. Went to this local hangout bar that is 4 miles from my house. Drank too much and was stupid enough to try and drive. Got pulled over, arrested, DUI. Im so dissapointed in myself and I just cant stop thinking about how screwed i am. Im 23 years old and had a clean driving record.

Can anyone with experience with this please tell me what to expect, and maybe give me some advice. Im extremely depressed.

You can also lecture me if you want but i know how stupid it is for putting myself and others in danger.

time to focus on the future, not how to spackle over this astoundingly stupid fuckup... maybe you do know, maybe you don't. Work on how it can't happen again and move on to more positive ground.

Don't become a statistic.

 

[*MissFit*]

Gymgurls adivce is right.. but u proably will get a suspended liscense

 

[bluepeter]

First - smarten up

Second - If you didn't blow too much over, get a lawyer. If you're actually convicted, you have some major problems. If you didn't blow some ridiculous blood/alchohol percentage, a good lawyer can usually argue a number of things that could get it busted down to a careless driving charge or something.

 

[jaded]

I forgot to add that your drivers lic.will be suspended or restricted

Yep, and definitely don't drive while your license is suspended no matter how tempting it is because if you get pulled over you'll be in serious trouble. :/

 

[beefybull]

Was it a DUI for alcohol or a DUI for drugs? They can even give you a DUI for OTC medicine in some states.

If it was an alcohol one, did you blow or refuse the breathalyzer?

Try to get the charge argued down to a Reckless Driving charge or something similar if possible. Some states allow you to drive if you get an ignition unit you have to blow into to start your car (some also make you blow while driving or the car shuts off). Catch is, they make you pay for the unit and installation, which is like $1500-3000 total. Other states let you get an occupational license while your "real" license is suspended as well.

Fine could be anywhere from $500-3000 for a DUI depending on where you are. Both a DUI or Reckless Driving charge will raise your insurance rates as well. You might get a year of probation (which could mean drug tests).

What state are you in?

 

[GoldenDelicious]

guys above gave good advice, personally i bought a breathalyzer to keep in my car - helps to avoid just this sort of scenario

dont kill yourself over it, just deal with it, and make sure it doesnt happen again. damn sure.

good luck

 

[i-Supplements]

I have no symphathy for you. It's people like you who kill others on the highways then want symphathy from everyone. You come on a message board posting about wanting advice. The only good advice is not to do it again. Next time you could kill one of our family members. Someones Mother, Father, Sister, Brother, Husband, Wife, or someone's child. Think about that next time you decide to drive drunk!

 

[beefybull]

Chill out newb.

Statistically driving and speeding carry a very similar level of risk, but which one do you hear people bitching about more? Stop being so controlled by the media.

 

[manny78]

If you think you can stand a chance in court, then get a lawyer and look for a plea bargain. Anyway, learn from your mistake.

 

[gtrcivic]

Here in Va the costs for DUI charge can run up to $4000 or more

Lawyer $750-$1,000
Fines $500 + cour costs, reinstating your suspended license
Alchohol Program $400
High Risk SR Insurance
Regular Insurance coverage

You'll be lucky if they give you a restricted license to go to/from work....and dont drive at any other times.. have heard of where the officer will sometimes on a whim sit out in front of your place on a fri/sat nite to see if you get behind the wheel...

I used to drive buzzed all the time.. now, just not drink at all since middle of Oct..so many checkpoints are up now where i live....

 

[i-Supplements]

Chill out newb.

Statistically driving and speeding carry a very similar level of risk, but which one do you hear people bitching about more? Stop being so controlled by the media.

I hope you are not talking to me. Having two people close to me killed by drunk drivers, I think I will speak my peace! WTF does the media have to do with this?

 

[hardrock]

I got one a few months back. I had a squeaky clean driving record. Last infraction was 11 years ago. Got a slap on the hand. Had to get a chem assessment and the dousche suggested I was borderline chem dependent, so I now have weekly UA's. As far as fines, I got $100, another $100 for probation, $75 for an alcohol class, and I have to pay something like $50 to go sit and listen to the M.A.D.D. panel. The real bitch about it is, can't drive, insurance premiums, lawyer if ya get one. Havint to take a cab when it's too damn cold or rainy to bike to work.

All in all I think mine was for the better. I was fuckin around a little too much and deserved what I got. Just remember this everytime you ever think about getting behind the whell after a few cocktails.

Also in my state(MN) you lose you lic for 90 days, but can get it back earlier after you go to court as long as you plead guilty.

 

[slickdadd]

Say it ain't so tybz! Definitely learn from this and best of luck to you. Everyone makes mistakes. At least it wasn't something worse (an accident and the like).

 

[MattTheSkywalker]

I got arrested for DUI. I retained lawyers and a few other experts and took it all the way to trial.

I don't suggest you do this. I do suggest you PM me with ANY questions...I am quite the subject matter expert on this topic.

The one thing i will say: No matter the outcome - just do the shit you have to do and deal with it. You'll have a lot of crap to go through - possibly suspensions, fines insurance hikes, etc.

Don't bitch about it - you did it to yourself. Just do what you are ordered to do by the judge, knock that shit out, and move on.

And lastly welcome to the club

 

[gab9681]

In WI if it is your first, you just get fines and they can suspend your license for 30 days. The fines are around a grand I believe. If you get a second one though, its more fines, and a mandatory 25 days in the clink. You can get out for work though on the Huber Law, where basically you can only leave the jail for work and someone else has to drive you to and from. And if you talk to a lawyer and kiss the DA's ass big time, they will give you the anklet and put you under house arrest.

 

[Y_lifter]

Don't Drink and Drive any more..

 

[SoreArms]

Get yourself a bus pass. My license was suspended for 2 years when I got a DUI.

 

[chewyxrage]

If you have a shitload of money you can try taking it to court, if you blew though you're prolly screwed.

I fought in court and spent up near $8,000 by the time it was over. Would have been around $2,500 if I would have just plead guilty. It was worth it to me but it depends on circumstances. Either way, it sucks for you now but in 6 months you will be feeling alot better. I bet you won't make the same mistake again either.

 

[Razorguns]

Thank the heavens you didn't get it in Cali.

California has SOOO many people and SOOOO many drivers on their freeways -- that nothing gets them more giddier and hornier on this planet, then locking up, fining and taking away the licenses of DUI folks. Not a bad response in itself -- but the overzealousness of it is beyond ignorance. That's it -- ruin the life of a 43 y/o working father of 3 -- just cuz he was .03 over the limit.

That said...

Do as many free consultations with lawyers in your city as possible. You should be able to gleen as many free info and tips and information from them as possible to possibly help yourself w/o their services. Or at least get a cheaper one and be able to direct him if he does things incorrectly.

Also (and many might not agree) -- NEVER submit to a breathalyzer or DUI check. The fines/imprisonment are MUCH less in many states if they can't prove the DUI. You'll just get the mandatory car impound, jail, fine. Which is easier to swallow than having that PLUS the DUI punishment.

This way you can argue the angle that -- your right to retain a lawyer beforehand shoudln't be used as "proof" that you were drunk. In fact, it can be further argued that it probably meant you were sober, if you were more concerned about your rights as a citzien being violated without proper counsel.

 

[Daisy_]

Myuncle was killed by a drunk just like you. Just be thankful you didnt KILL anyone. I am glad that you feel bad. But do you feel bad because you got caught or do you feel bad because you never do it and you cant belive you got be hind the wheel? Think about that one.

 

[Buddy_Christ]

Also (and many might not agree) -- NEVER submit to a breathalyzer or DUI check. The fines/imprisonment are MUCH less in many states if they can't prove the DUI. You'll just get the mandatory car impound, jail, fine. Which is easier to swallow than having that PLUS the DUI punishment.

the last time the subject of DUIs came up, i specifically asked you NOT to tell people to REFUSE to blow if they got fucking retarded and pulled over for a DUI. in some states it's an AUTOMATIC CONVICTION. it's just like another law here in PA that if you get caught and convicted of driving on a suspended license, it's 90 days in jail and a $1000 fine, NO EXCEPTIONS if you are convicted.

the ONLY reason for someone to refuse to blow is if they know that their state laws do not make it an automatic conviction. refuse to blow in PA and you've got no chance of getting off on the charges.

the only reason i can think of that you are telling people this is because you want them to refuse to blow and then get convicted because they live in a state like mine that has automatic convictions for refusal to submit to blood or breath tests. it comes down to knowing your state laws, or better yet, NOT DRIVING DRUNK.


anyway, i too got stupid and got a DUI. i submitted to a breathalyzer and blew a .13. i submitted to a blood test and they got a .14. PA has a first time offenders program. i had a clean record, so i was accepted. i had to do classes, pay slightly higher fines, 4 month (as opposed to 6 month for regular DUI) license suspension, and 1 year of probation. the bonus was that it NEVER appeared on my driving record and NEVER affected my insurance rates. EVER. once my supervised probation (1 year) and then a "don't fuck up again" period (2 more years) were over, the chance of the DUI ever showing up on my criminal record was gone.

look into your state's DUI programs and see if they have one. most states do. it reduces the fines and impact on your license if you have a clean criminal record.

oh yeah, DON'T DO IT AGAIN! glad to hear no one was hurt or killed, but that doesn't excuse what you did. live, learn, pay your debts, move on.

 

[Dial_tone]

I would be seriously hosed if I ever got a DUI, which is why I haven't gone over 3 beers in a day in about 8 years.

 

[Razorguns]

the last time the subject of DUIs came up, i specifically asked you NOT to tell people to REFUSE to blow if they got fucking retarded and pulled over for a DUI.

Yes every state is different. But there are sites online (not like i have them at the tip of my fingertips, one will have to search) which clearly lists states what the general rules are if you do or do not submit to breathalyzer tests. Also lists cases (like i suggested) of people arguing in court that the state AUTOMATICALLY convicting them of a crime w/o proof goes against guilty until PROVEN innocent and the charge should be thrown out.

However if you blow and you're over the limit. Your argument is pretty much nill. Might as well bend over and beg for mercy before they stick it to ya.

I believe California (at least it was like this 3 years ago) was one of the states where you're better off NOT blowing. In fact, it benefited RICHER folks who can afford to get their car mandatory impounded 30 days, spend 3 days in jail and pay automatic huge fines w/o worrying about DUI convictions or drawn out court case later. Kinda like a silent loophole for rich folks.

 

[Buddy_Christ]

Yes every state is different. But there are sites online (not like i have them at the tip of my fingertips, one will have to search) which clearly lists states what the general rules are if you do or do not submit to breathalyzer tests. Also lists cases (like i suggested) of people arguing in court that the state AUTOMATICALLY convicting them of a crime w/o proof goes against guilty until PROVEN innocent and the charge should be thrown out.

However if you blow and you're over the limit. Your argument is pretty much nill. Might as well bend over and beg for mercy before they stick it to ya.

I believe California (at least it was like this 3 years ago) was one of the states where you're better off NOT blowing. In fact, it benefited RICHER folks who can afford to get their car mandatory impounded 30 days, spend 3 days in jail and pay automatic huge fines w/o worrying about DUI convictions or drawn out court case later. Kinda like a silent loophole for rich folks.

there's loopholes everywhere for rich folks.

the reason states have adopted the manditory conviction if you don't blow rule is because of people getting off on DUIs when they refused to blow. they refuse to blow, lawyer up, get off on the charges, and do it all over again and in the meantime, they never suffer loss of license so they continue to drive when really they shouldn't be behind the wheel. they know they can continue to beat the system if they've got enough money to keep hiring lawyers.

plus consider that the only people that would refuse to blow are those that are drunk anyway. why refuse to blow if you're sober? if i got pulled over sober and the cop tried to tell me i was drunk, i'd be more than happy to blow and then say "see you fucking asshole! i'm not drunk!"


one guy i know got pulled over for blowing a stop sign or speeding or something. cop smelled a little bit of alcohol on him, so he made him do a sobriety test. the guy passed, so the cop was about to let hiim go. this guy was a hardcore alcoholic. when he got pulled over, he knew he was drunk because he had been drinking since 8am and it was sometime after 10pm that he was pulled over. he DEMANDED that the cop give him the breathalyzer. why? because the cop told him he wasn't drunk and apologized for making him take a feild sobriety test. he told the cop, "don't tell me what i am and what i'm not. i know i'm fucking drunk! gimme the breathalyzer and i'll prove to you that i'm drunk!"

he blew a .16 and was arrested on the spot when the cop was going to let him go without even giving him a breathalyzer test!!!

on a positive note, when he sobered up he realized what he had done and how much of his life he was flushing away by being drunk 24/7. he got his shit together and stopped drinking for good.

 

[MattTheSkywalker]

the last time the subject of DUIs came up, i specifically asked you NOT to tell people to REFUSE to blow if they got fucking retarded and pulled over for a DUI. in some states it's an AUTOMATIC CONVICTION. it's just like another law here in PA that if you get caught and convicted of driving on a suspended license, it's 90 days in jail and a $1000 fine, NO EXCEPTIONS if you are convicted.

This is bad advice, as it is incomplete.

In the USA, there is no such thing as an automatic conviction. You cannot be convicted of anything, without "due process", namely, a court proceeding.

the ONLY reason for someone to refuse to blow is if they know that their state laws do not make it an automatic conviction. refuse to blow in PA and you've got no chance of getting off on the charges.

In every state, refusing to blow means that no breath test evidence will be introduced at the aforementioned court proceeding.

Many states have adopted punishments for refusing to blow. In Florida, for example, you get a 6 month suspension, and you still have to do all kinds of other things, but it is very rare for someone to be convicted of DUI without the breath test.

I know from my own experience (I consulted numerous legal experts when mounting my defense) that absent a breath test, conviction for DUI is difficult.

Some states establish harsh penalties for refusal. In PA, you get mandatory jail and some other unpleasantness. What you do not get, is a DUI conviction.

http://www.fcpd.com/duipages/PADUIInterpretation.pdf
http://www.fcpd.com/duipages/new_law_penalties.htm

Note that the penalties for refusal are stiff, and equal to a conviction, but they are not a conviction.

I may sound pedantic and assholish here, but, it's better than being incorrect.

the only reason i can think of that you are telling people this is because you want them to refuse to blow and then get convicted because they live in a state like mine that has automatic convictions for refusal to submit to blood or breath tests. it comes down to knowing your state laws, or better yet, NOT DRIVING DRUNK.

I'd have to agree here.

anyway, i too got stupid and got a DUI. i submitted to a breathalyzer and blew a .13. i submitted to a blood test and they got a .14. PA has a first time offenders program. i had a clean record, so i was accepted. i had to do classes, pay slightly higher fines, 4 month (as opposed to 6 month for regular DUI) license suspension, and 1 year of probation. the bonus was that it NEVER appeared on my driving record and NEVER affected my insurance rates. EVER. once my supervised probation (1 year) and then a "don't fuck up again" period (2 more years) were over, the chance of the DUI ever showing up on my criminal record was gone.

look into your state's DUI programs and see if they have one. most states do. it reduces the fines and impact on your license if you have a clean criminal record.

oh yeah, DON'T DO IT AGAIN! glad to hear no one was hurt or killed, but that doesn't excuse what you did. live, learn, pay your debts, move on.

Many states are sadly doing away with this.

 

[bran987]

lord, after reading this thread, I need a drink

 

[Buddy_Christ]

Some states establish harsh penalties for refusal. In PA, you get mandatory jail and some other unpleasantness. What you do not get, is a DUI conviction.

http://www.fcpd.com/duipages/PADUIInterpretation.pdf
http://www.fcpd.com/duipages/new_law_penalties.htm

Note that the penalties for refusal are stiff, and equal to a conviction, but they are not a conviction.

I may sound pedantic and assholish here, but, it's better than being incorrect.



I'd have to agree here.



Many states are sadly doing away with this.

well, any advice on how to "beat" a DUI conviction when you were driving drunk is bad advice.

looks like PA changed their laws. last time i read the stuff about DUI it was still a manditory conviction if you refused to blow. doesn't matter to me though, i'm not driving drunk anymore (one time was all i needed).

first time offender's programs are good for true first time offenders that are guilty of minor/petty crimes. gives them a second chance and that's all that some people need (must've been proposed by those that believe in Labeling Theory - label them criminal and they will become criminal).

i knew a guy that was still in the first time offender's program when he fucked up a second time and they STILL kept him in the first time offender's program. 2nd offense was first time offense?

 

[FreakMonster]

Was it a DUI for alcohol or a DUI for drugs? They can even give you a DUI for OTC medicine in some states.

If it was an alcohol one, did you blow or refuse the breathalyzer?

Try to get the charge argued down to a Reckless Driving charge or something similar if possible. Some states allow you to drive if you get an ignition unit you have to blow into to start your car (some also make you blow while driving or the car shuts off). Catch is, they make you pay for the unit and installation, which is like $1500-3000 total. Other states let you get an occupational license while your "real" license is suspended as well.

Fine could be anywhere from $500-3000 for a DUI depending on where you are. Both a DUI or Reckless Driving charge will raise your insurance rates as well. You might get a year of probation (which could mean drug tests).

What state are you in?

If you get lucky and the judge allows you to plead NOLO to reckless driving then it no points on your license thus your insurance will not be effected.

 

[Razorguns]

I also forgot to add..

many immigraiton lawyers in the news STRONGLY ADVISE for illegals immigrants to fight tooth and nail and NEVER get a dui convinction (which leads to the further argument of NOT blowing and instead taking the harsh penalties instead) on their record.

Only because a DUI convinction apparently in the immigration laws is a deportable offense. While refusing a breathalyzer isn't.

It's a big problem here in cali where millions of folks don't have licenses, and thus there are no "computer records" on them to even register a DUI. Instead they get deported. Hard to suspend a license when you don't even have one.

 

[Buddy_Christ]

I also forgot to add..

many immigraiton lawyers in the news STRONGLY ADVISE for illegals immigrants to fight tooth and nail and NEVER get a dui convinction (which leads to the further argument of NOT blowing and instead taking the harsh penalties instead) on their record.

Only because a DUI convinction apparently in the immigration laws is a deportable offense. While refusing a breathalyzer isn't.

It's a big problem here in cali where millions of folks don't have licenses, and thus there are no "computer records" on them to even register a DUI. Instead they get deported. Hard to suspend a license when you don't even have one.

what's wrong with deporting illegial immigrants? why are lawyers fighting to keep them here?

 

[IwouldSlamU]

change you idenity 500-1000$ make sure to run up the credit cards and then bam new life, no high risk insurance

 

[DIVISION]

Damn I screwed up. Went to this local hangout bar that is 4 miles from my house. Drank too much and was stupid enough to try and drive. Got pulled over, arrested, DUI. Im so dissapointed in myself and I just cant stop thinking about how screwed i am. Im 23 years old and have a clean driving record.

Can anyone with experience with this please tell me what to expect, and maybe give me some advice. Im extremely depressed.

You can also lecture me if you want but i know how stupid it is for putting myself and others in danger.

The best advice I can give you, holmes.......

When they put you in the tank, make sure you don't get your shit pushed in and stay down for yours.....

fight -or- fuck.........do -or- die.....

The time is now....and I hope to God you can defend yourself.

That is all.






DIV

 

[tybz28-#2]

Well first off let me say to the people like el dandy that i understand where they are comin from. I had the same feeling towards DUI drivers before this happened than you do now. I know what i did was stupid.

I dont know what my alcohol level was, because i made them take me in to the hospital to get a blood test. There was no tactic to this other than to give myself more time for my level to come down. The officer only made me follow a pen with my eyes and do the counting on my fingers, 1,2,3,4,4,3,2,1. I thought i did ok, but apparently not because i was put in the back of the car after that.

BTW I am from Cali so im sure the penalties will be pretty stiff.

 

[Whiskey]

yeah, don't do it again, or you will not get your license bach for a long time

Whiskey

 

[DIVISION]

I am from Cali so im sure the penalties will be pretty stiff.

Fo' Sho'........it will be harsh....

You will most likely get some jail time, just remember the 3 strikes rule in Cali.

That 3rd Strike will get you put away for life........




DIV

 

[CFZB]

dont drink and drive.

 

[rushx79]

"Damn I screwed up. Went to this local hangout bar that is 4 miles from my house. Drank too much and was stupid enough to try and drive. Got pulled over, arrested, DUI. Im so dissapointed in myself and I just cant stop thinking about how screwed i am. Im 23 years old and have a clean driving record."

you are not screwed and getting a dui is almost a right of passage so dont beat yourself up about it. just make sure you learn from your mistake and run from the pigs next time.

 

[WhatNot51]

As others have been saying, expect INCREDIBLY high insurance rates. I work for an insurance company, and a DUI will drop you to the lowest tier which means you pay a TON more than what you had. Also it stays on for 3 years.

 

[chewyxrage]

As others have been saying, expect INCREDIBLY high insurance rates. I work for an insurance company, and a DUI will drop you to the lowest tier which means you pay a TON more than what you had. Also it stays on for 3 years.

You work in the industry, let me get some info....

I was charged w/ a DUI but plead it down to a "Consumption of Alchohol by a Minor" and had no insurance increase.

My buddy was charged w/ a DUI and plead guilty and still has had NO insurance increase.....He said it's because they haven't updated their files or something, which I don't believe.

What's going on with that?

 

[Razorguns]

He said it's because they haven't updated their files or something, which I don't believe.
What's going on with that?

Ins. comapnies i believe are limited to 2 queries on a record every so often. Or some sort of restriction. I think they only do it ONCE when you apply -- and another later on in some timeframe (eg: 2 years later when you renew).

If you get it out of state, it's hard for them to obtain that info unless states are linking DUI convictions from other states on that record, and carrying that info over if you get another DL from another state. The DL agenices of 50 states are really *not* that co-ordinated. It's very easy to jump around DL's state to state and not have convictions follow you.

 

[Gymgurl]

You know it is easy to sit here and give lectures but I'm sure most of us has driven where we would have been over the allowed amount and didn't even feel drunk!

 

[Buddy_Christ]

My buddy was charged w/ a DUI and plead guilty and still has had NO insurance increase.....He said it's because they haven't updated their files or something, which I don't believe.

What's going on with that?

we have Progressive. anything that happens on our driving record during each 6 month policy period doesn't affect our rates until we renew the policy. they never ran an MVR on me, not even when we first switched over to them. apparently they just ran one on my gf and me though, and one of her tickets appeared.

my DUI never appeared on my license because of the first time offender's program. no change in insurance rates over that one.


*knocking on wood* i've had a clean record for a few years now. my last license suspension was up 3 years ago (too many speeding tix in cali = 6 month license suspension that carries over to all states). my last 2 tickets weren't even moving violations - one was 3.5 years ago in PA for driving a car with an expired state inspection (whoops! forgot about that!) and the other was almost 4 years ago in CA for a blown tail light (borrowed car). the last time i got pulled over was last winter for doing donuts in an empty parking lot. the cop laughed and told me to find another parking lot.

i want to switch from Progressive to another insurance company that i know will give us a lot better rates. problem is, my gf keeps screwing up so they won't accept us. she has 2 fender benders, one speeding ticket, and one 90 day license suspension that came with a no point ticket for passing a school bus (her daughter was throwing a fit in the back seat, kicking and hitting her seat and distracted her. the bus had just stopped and while she was braking and reaching around to smack her daughter, she rolled about 10 feet past the front of the oncoming school bus, driver called the cops). she needs to keep her driving record clean so we can get lower rates. by the time her driving record clears up enough to get lower rates for the household, the car we bought will be close to paid off. wish that could happen now so we weren't paying so damn much for full coverage insurance.