DUIs

Discussion in 'Off-Topic' started by Shard, May 4, 2007.

  1. Shard

    Shard Hi2u

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    Anyone here ever got arrested for DUI? I just got one the other day, my court date is on May 10th. The thing is I wasn't pulled over, i was stopped in a grocery store parking lot after leaving the store and they said i was driving bad. I'm not sure if they got a call or were following me but you would think that if they followed me they would get me before I went in the store. But yea anyways, if anyone has any experience with this let me know what happened and if you know any way I can get it reduced maybe. The crappy thing is my license is supposed to be suspended from June 29th - September 27th but I just sold my car because I thought it would be immediate and my car wasn't worth much more than the impound fee. So I could be driving right now but I can't.
     
  2. B.e.

    B.e. The One Who Score Touchdowns and Spikes Mics

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    Never been arrested for one, but I know a person who has been killed from one.

    **** people who drive drunk.
     
  3. Voodoo Child

    Voodoo Child Can I Kick It?

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    <div class="quote_poster">Shard Wrote</div><div class="quote_post">Anyone here ever got arrested for DUI? I just got one the other day, my court date is on May 10th. The thing is I wasn't pulled over, i was stopped in a grocery store parking lot after leaving the store and they said i was driving bad. I'm not sure if they got a call or were following me but you would think that if they followed me they would get me before I went in the store. But yea anyways, if anyone has any experience with this let me know what happened and if you know any way I can get it reduced maybe. The crappy thing is my license is supposed to be suspended from June 29th - September 27th but I just sold my car because I thought it would be immediate and my car wasn't worth much more than the impound fee. So I could be driving right now but I can't.</div>

    No, I've never gotten a DUI before; I haven't been a real recreational drinker since high school. I've had a lot of friends get them though, so I know the basics.

    The severity of it really depends on what your blood alcohol content was. At the very least, you're probably looking at a day of jailtime or the equivalency of community service. That's what it was for first time offenders in Tennessee at least - I know it varies from state to state. I think your license will also be on probation for 3-5 years depending on your state. (EDIT: Did a google search... WA is five years.)

    Good luck with all that, bro'.
     
  4. Shard

    Shard Hi2u

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    Sounds homo. Not to mention i'll get an MIP. I'm getting a public defender to try to get out of as much as possible but we'll see.

    <div class="quote_poster">Quote:</div><div class="quote_post">Never been arrested for one, but I know a person who has been killed from one.

    **** people who drive drunk.</div>Yea it's not a smart thing to do.


    EDIT: I decided to google about the Washington laws and got this...

    In some states there is a more severe punishment for those convicted of DUI with a particularly high blood-alcohol content at the point in time of arrest; this is usually .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Washington.


    I was pretty scared when I started reading this because my level was .14 but luckily it's not enforced in Washington.

    Also,

    Alcohol education and prevention program, treatment for alcohol abuse, and evaluation of a person for possible alcohol or drug craving can be required for DUI offenders in Washington. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

    I'd be happy if I could take classes instead of paying a huge fine or going to jail.
     
  5. Hunter

    Hunter Administrator Staff Member Administrator

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    You said you got stopped in a parking lot. If so - you need to look into whether or not the parking lot was public or private property. If it is private property then I don't think the police have the authority to issue a ticket because of a lack of jurisdiction. I would check up on that before you go to court.
     
  6. Shapecity

    Shapecity S2/JBB Teamster Staff Member Administrator

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    I'd recommend not going with a public defender and hiring a lawyer experienced with DUI cases. Based on what you've explained, it sounds like you have an out to have the DUI dropped entirely. Technically you weren't driving the car when you were arrested. Maybe you can get off with just being publicly drunk, which is a misdemeanor.

    How can the officer prove you were the one driving?

    Did you take a breathlizer test? Blood test? Pee test?

    I'm not sure what the penalties are in Washington, but I know in Cali your first DUI is going to set you back $15K.
     
  7. Shard

    Shard Hi2u

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    <div class="quote_poster">shapecity Wrote</div><div class="quote_post">I'd recommend not going with a public defender and hiring a lawyer experienced with DUI cases. Based on what you've explained, it sounds like you have an out to have the DUI dropped entirely. Technically you weren't driving the car when you were arrested. Maybe you can get off with just being publicly drunk, which is a misdemeanor.

    How can the officer prove you were the one driving?

    Did you take a breathlizer test? Blood test? Pee test?

    I'm not sure what the penalties are in Washington, but I know in Cali your first DUI is going to set you back $15K.</div>

    I could get a lawyer but I would really hate to have to pay lawyer fees on top of the DUI fee if I lose. I don't think that the officer can prove I was driving, wouldn't it be neglegence on their part to not arrest me when I stopped my car if they were following me? I can't remember exactly what he said but I think it was "we got a call that you were driving erratically". And I wasn't pulled over off of the road so I don't see how they can give me a DUI off of a judgment call by someone else.

    I took a breathalizer at the station and got .14, so I definitely will get an MIP or drunk in public. 15K is incredibly steep, i'm going to pray it's not that bad here or it gets dropped because I would be paying that off for a long long time.
     
  8. bbwchingy0007

    bbwchingy0007 BBW Member

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    <div class="quote_poster">Quoting Washington Law:</div><div class="quote_post">
    First DUI Offense/ no prior DUI offense in the last 7 years and breath test under .15% or no breath test but not a refusal.

    First DUI Offense One day in jail minimum, one year maximum OR 15 days Electronic Home Detection First DUI Offense $823 total minimum fine, up to $5,000 fine
    First DUI Offense 90 day license suspension
    First DUI Offense SR-22 Proof of Insurance
    First DUI Offense Probationary license for 5 years after reinstatement
    First DUI Offense Up to five years monitored probation
    First DUI Offense Ignition interlock may be ordered by the court (Min. time not specified) up to 5 years
    First DUI Offense Alcohol evaluation and treatment as determined by the court (up to two years)
    First DUI Offense Probation monitoring (and fees) for up to five years


    First DUI Offense First DUI Offense/ no prior DUI offense in the last 7 years and breath test .15% or higher or refusal to take breath test.

    First DUI Offense 2 days in jail minimum, 1 year maximum OR 30 days Electronic Home Detention
    First DUI Offense $1078 total minimum, up to $5,000 fine
    First DUI Offense One year license revocation
    First DUI Offense SR-22 Insurance
    First DUI Offense Probationary License for 5 years after reinstatement
    First DUI Offense Up to five years monitored probation
    First DUI Offense Ignition interlock not less than one year
    First DUI Offense Alcohol evaluation and treatment as determined by the court (up to 2 years)
    First DUI Offense Probation monitoring (and fees) for up to 5 years

    One prior DUI Offense in the last 7 years One prior DUI Offense in the last 7 years and breath test under .15% or no breath test but not a refusal.

    One prior DUI Offense 30 days in jail minimum, one year maximum, PLUS 60 days Electronic Home Detention
    One prior DUI Offense $1078 total minimum, up to $5,000 fine
    One prior DUI Offense Two year license revocation
    One prior DUI Offense Driving and knowledge exams
    One prior DUI Offense SR-22 Insurance
    One prior DUI Offense Probationary license for 5 years after reinstatement
    One prior DUI Offense Up to five years monitored probation
    One prior DUI Offense Ignition interlock for one year (if no previous interlock)
    One prior DUI Offense Alcohol evaluation and treatment as determined by the court (up to two years)
    One prior DUI Offense Probation monitoring (and fees) for up to five years

    One prior DUI Offense in the last 7 years One prior DUI Offense in the last 7 years and breath test .15% or higher or refusal to take breath test.

    One prior DUI Offense in the last 7 years 45 days in jail minimum, one year maximum, PLUS 90 days Electronic Home Detention
    One prior DUI Offense in the last 7 years $1,503 total minimum, up to $5,000 fine
    One prior DUI Offense in the last 7 years 900 day license revocation
    One prior DUI Offense in the last 7 years Driving and knowledge exam
    One prior DUI Offense in the last 7 years SR-22 Insurance
    One prior DUI Offense in the last 7 years Probationary license for 5 years
    One prior DUI Offense in the last 7 years Up to five years monitored probation
    One prior DUI Offense in the last 7 years Ignition interlock not less than one year (if no previous interlock)
    One prior DUI Offense in the last 7 years Alcohol evaluation and treatment as determined by the court (up to two years)
    One prior DUI Offense in the last 7 years Probation monitoring (and fees) for up to five years

    Two prior DUI Offenses in the last 7 years Two Prior DUI Offenses in the last 7 years and breathe test under .15% or no breath test but not a refusal.

    Two prior DUI Offenses in the last 7 years 90 days in jail minimum, 1 year maximum, PLUS 120 days Electronic Home Detention
    Two prior DUI Offenses in the last 7 years $1,928 total minimum, up to $5,000 fine
    Two prior DUI Offenses in the last 7 years Three year license revocation
    Two prior DUI Offenses in the last 7 years Driving and knowledge exams
    Two prior DUI Offenses in the last 7 years SR-22 Insurance
    Two prior DUI Offenses in the last 7 years Probationary license for 5 years after reinstatement
    Two prior DUI Offenses in the last 7 years Up to five years monitored probation
    Two prior DUI Offenses in the last 7 years Ignition interlock for 1 year if no previous interlock, 5 years if a previous interlock, 10 years if two previous interlocks
    Two prior DUI Offenses in the last 7 years Alcohol evaluation and treatment as determined by the court (up to two years)
    Two prior DUI Offenses in the last 7 years Probation monitoring (and fees) for up to five years

    Two prior DUI Offenses in the last 7 years Two Prior DUI Offenses in the last 7 years and breath test .15% or higher or refusal to take breath test.

    Two prior DUI Offenses in the last 7 years 120 days in jail minimum, 1 year maximum, 150 days Electronic Home Detention
    Two prior DUI Offenses in the last 7 years $2,778 total minimum, up to $5,000 fine
    Two prior DUI Offenses in the last 7 years Four year license revocation
    Two prior DUI Offenses in the last 7 years Driving and knowledge exams
    Two prior DUI Offenses in the last 7 years SR-22 Insurance
    Two prior DUI Offenses in the last 7 years Probationary license for 5 years
    Two prior DUI Offenses in the last 7 years Up to 5 years monitored probation
    Two prior DUI Offenses in the last 7 years Ignition interlock not less than 1 year if no previous interlock, 5 years if a previous interlock; 10 years if two previous interlocks
    Two prior DUI Offenses in the last 7 years Alcohol evaluation and treatment as determined by the court (up to 2 years)
    Two prior DUI Offenses in the last 7 years Probation monitoring (and fees) for up to 5 years
    </div>

    You fall into the first category, so it looks like you'll have a fine of at least $823, but that stands possibly to be a bit higher as you were on the upper limit of your category so I would expect it to be around the minimum of the next limit, so around $1000.
     
  9. Shapecity

    Shapecity S2/JBB Teamster Staff Member Administrator

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    <div class="quote_poster">Quote:</div><div class="quote_post">First DUI Offense Probation monitoring (and fees) for up to five years.</div>

    This is where you get nailed, and if they require you to go to AA rehab, that's another high expense you'll have to pay, plus the 'x' amount of hours going to those meetings.

    Trust me, get an experienced lawyer, I think most of them won't charge you if they can't reduce your sentence. There's always room for negotiation with them.

    If you get a public defender he's going to advise you to plead no contest and you're going to get a harsher punishment.

    At least meet with a lawyer to get some free advice.

    The last thing you want is a DUI on your record. A lot of places won't hire you if they see that. Plus your car insurance rates are going to skyrocket if you have that on your driving record.
     
  10. Shapecity

    Shapecity S2/JBB Teamster Staff Member Administrator

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  11. Mez

    Mez JBB JustBBall Member

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    I got a DUI about 8 months ago actually. I am under 21 so I received a 1 year suspension on my license as well as 3 years informal probation. My fines totalled to 1600, had to pay 600 to the police department for my arrest. I also had to go through a drunk driving class, which also cost another 550. This was all after paying 5k for a lawyer.

    I was arrested after parking my car in my aparment parking lot and was walking home. Because I had my keys on me and I was still in the lot, they were allowed to give me a DUI. I did get away with no community service, but the 1yr suspension is killing me cause I'm under 21. But in the end, it was a lesson learned.
     
  12. Shard

    Shard Hi2u

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  13. Shard

    Shard Hi2u

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    So, I got my DUI reduced to Reckless Driving, i'm pretty sure it's because they didn't have enough proof i was driving and whatnot. Because I was obviously above the limit. So they waved the jailtime and said I have to pay $250 plus court fees which adds up to $592 and I have to go to a DUI Victims Panel meeting twice to hear from people who were effected by DUIs aka a guilt trip meeting. And I have to get a drug/alcohol evaluation at a clinic and i'm sure that will cost alot. But all in all it's better than getting a DUI.
     
  14. Marbire

    Marbire JBB JustBBall Member

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    You're under 21, your alcohol level was .14, and you were driving? You deserve all that's coming at you, if not more.
     
  15. Shard

    Shard Hi2u

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    <div class="quote_poster">Marbire Wrote</div><div class="quote_post">You're under 21, your alcohol level was .14, and you were driving? You deserve all that's coming at you, if not more.</div>

    Well I only got reckless driving so OwNt!! LOL!! brb im gonna chug some 151 and drive off somewhere.
     
  16. Shapecity

    Shapecity S2/JBB Teamster Staff Member Administrator

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    <div class="quote_poster">Marbire Wrote</div><div class="quote_post">You're under 21, your alcohol level was .14, and you were driving? You deserve all that's coming at you, if not more.</div>

    The BAC breathalyzer test isn't always accurate. They need to be calibrated properly and constantly maintained for accurate results. He also wasn't cited while driving, he was in a parking lot.

    Shard, you're really fortunate the cop didn't wait for you to drive off and then nail you. And you're fortunate you didn't get an accident.
     
  17. Shard

    Shard Hi2u

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    <div class="quote_poster">shapecity Wrote</div><div class="quote_post">
    Shard, you're really fortunate the cop didn't wait for you to drive off and then nail you. And you're fortunate you didn't get an accident.</div>


    Yeah I know, I don't mean to come off as a jackass but I do know the consequences of drunk driving and obviously feel bad about it. I didn't post this thread for criticism on what I did but for advice on how to approach the court and stuff. And now that it's in the books i'll just close the thread.
     

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