fokaione

Hi, i'm 23 and just received my first DUI last night. I normally don't drink but had a few drinks at a club with my friends. I was very cooperative with the officer that gave me the sobriety test and etc. I know for sure that i did good on my sobreity test but agreed to take the breathalizer (at car site) and failed. I was wondering if she had mention i did good on the sobriety test but failed the breathalizer the court decision will be more lenient on my case. I would get a lawyer but i believe it is still my fault for getting in the car even if i only had a few drinks so i'm willing to take the punishment.

Also, i'm in search for a job at the moment. I recently just dropped out of college at cal state l.a. I have no job at the moment which i need to pay for tuition, rent, and now fines. Will this DUI affect my job offers?

One more thing as well, If i tell the court i currently have no income and was searching for a job, in which i am currently doing. Will i be able to get a restricted license so i can continue my job search? or commute to work and back?

This incident has traumatized me and now i don't want to touch alcohol especially if i know i got to drive.

thanks.

Rowan

Hi Fokaione,

Welcome. I'm glad that you aren't facing a stiffer penalty i.e. car accident, injury to self or others, etc.
I am in Ontario and only know the law as it applies to impaired drivers here. That being said, I would call a lawyer (you may qualify for legal aid) to get answers to your questions.
Others will be along to welcome you and hopefully answer some questions for you. I'm glad that you're here.

Rowan

seekingpeace4me

All the states differ on DUI so you are better off having gotten one in CA than in TN, like myself, which is a mandatory 1 year license suspension. I found a web site that has some answers for you. http://www.dmv.ca.gov/dl/driversafet...hol.htm#arrest . It is from the state and I thought it was helpful. You really need to try to get an attorney, this isn't something you want to do yourself no matter how guilty you feel. You can contact the court about a court appointed attorney and what you need to do to have one assigned. In the court room I was in, if you didn't have an attorney, paid or court appointed, the judge appeared to be angry with you, they really want someone there representing you. And if you lose your license, it can be a problem getting it back at times.

The thing is, you may feel guilty and you should. I still do, but guilt doesn't keep people from drinking and driving again in the long run. This is a time to look at your self and decide if your drinking is becoming a problem. If if it is, there is help available to you. My case took a long time to run through the court system, which was frustrating initially, but it allowed me to accept what I had done and by the time the blood test came back and I pleaded guilty, I was sober and ready to accept the outcome of my actions, which included jail time and the loss of my license for a year. I have been sober since then.

Good Luck and take care of yourself

chip

Welcome to SR, Fokaione.

I'm an alcoholic, and my name is chip.

I am sorry about this tramatic incident. It's a blessing that you and/or others were not hurt. Alcohol causes problems for individuals and society. This is especially true when people get behind the wheel. Can you imagine how you'd feel if you had an accident?

I'm not trying to make you feel worse. I used to drink and drive every day. I thank God that I didn't hurt anyone. Perhaps if I had a DUI when I was younger, I would have had the brains to get sober earlier.

If I were you, I'd get a lawyer. The lawyer will help you with options, and might even be able to get you off the hook.

Keep posting, and I hope things work out for you.
chip

leviathon

As a lawyer in Canada, I can tell you that penalties here are pretty much prescribed under the criminal code that applies to all the provinces equally; however, each province has a traffic act/motor vehicle act that applies different administrative penalties (fines, suspensions, etc.). As a result, I know the laws in the province I practice in, but my advice as to the situations in other provinces or the US would be useless.

In short, even if you don't want a lawyer to defend the case, you should contact a lawyer in your state to get the specific information as it applies to you in your state. There are often lawyer advice lines that you can get this basic type of information from OR you can attend the courthouse and talk to duty counsel that will be able to assist you.

Levi

GrouchoTheCat

Hi,

I am an alcoholic named Ted.

I have racked up 4 DWI's.

I never want another one.

My suggestion is to seek legal advice.

Society (rightly so) is taking this issue very seriously. Here in Massachusetts they have adopted Meagans Law, named after a little girl who was killed by a drunk driver.

You don't even want to think about getting a DWI in MA.

I wish you luck,

Ted

GlassPrisoner

$1384.00 Fine, revocation of license for 6 months, 1-2 days in county (You probably get time served if you spent the night) 2 years summary probation, some AA meetings and a 6 month DUI school.

That's the best offer you're gonna get. Unless you crashed or hurt someone, then you'll get more jail time.

I had my first DUI about your age. Another one 2 years later. I didn't think I had a problem. Fast forward 20 years, I knew I had a problem.

Lick your wounds & deal with the problem while you still have time.

Good Luck & God Bless.

fokaione

thank you guys for the reply. Your guys response has been helpful and The website was very helpful as well.
I tried talking to some private lawyers and the prices are quite expensive and didn't get any type of advice from them. They basically was just advertising to me.
I'm not too sure how the court system works but is there a way i can get a lawyer on the day of my court appearance? or should i get one now?

once again, thanks guys.

GlassPrisoner

A lawyer probably won't do you any good . There's a slight (maybe 1/1000) chance you can plead it down to reckless or public intox, but not likely. Plus, it's gonna cost you 5-6 grand. if you blew into the breathalyzer, and you were behind the wheel, its a done deal.

I've had three, I know lot's of people that have had several. What I wrote is most likely what you're facing as far as fines, jail time etc.

If you want a public defender, you have to prove that you can't afford a lawer. If you have a job, it's an immediate no. Also, if you fight it, and lose, the penaltiers are a lot more severe.

Usually how it works is the judge calls all the names that are there for DUI. (20-30 people in most cases). You all sign the probation agreement and the no-contest or guilty paperwork, and your waiver of rights. Sometimes the judge will even pronounce sentance en-masse.

Edit: One more thing. When you go in front of him, ask him for an indicated sentance before you plea. It gives you a firm idea of what you're facing, and the Judges like it for some reason.

NoelleR

Hey fokaione --

Being in TX, I can only tell you about here.........wouldn't help you much....lol BUT,

ABSOLUTELY....get yourself an attorney.....and they're not all an arm and a leg....when I lived in CA, I needed an attorney.....the costs were ranging in the thousands...averaging $5,000, but I kept looking and got a really good one for under $1,000......I was arrested for an illegal weapon (a felony); I plead 'not guilty' (interesting legal statement, cause obviously I had this 'weapon' in my posession)....well, my attorney who, by the way, had never lost a case (many years at the bar in SF).....he got me off!!!!....the state wanted me to plead down....to a misdomeaner, my guy said I wasn't 'guilty' of anything, and he was ready for a trial....lolol (I don't know how ready I was, hehe), but the state folded.....woooooweeeee

Granted, what you're facing is different, but I did find this in the CA driver's handbook:

"...If you are convicted of driving with excessive BAC or while under the influence of either alcohol or drugs or both (DUI), you may be sentenced to serve up to six months in jail and to pay a fine between $390 and $1000 (plus about three times the fine in penalty assessments) the first time you are convicted. Your vehicle may be impounded and subject to storage fees.On the first conviction the court will suspend your driving privilegevfor six months and require you to complete a DUI program before you can be reinstated. The length of the program may vary..."

So, keep a possitive attitude....., and always remember.....all cases are different, individualistic.....definitely in need of an attorney to help keep things together.... (o:


Keep on keepin' on

NoelleR
DOS: 6/23/86

fokaione

Thanks for the replies. It's been a blessing reading what may come up and the experiences. I wish you all luck as well.

I've been doing alot of reading and i just want this to end. My court date is about a month and half from my arrest and it's driving me kind of crazy. Ok, i've been reading the suspension is 4 months? or 6 months? I've been reading alot of 4 months and some 6 months but i'm guessing the 6 months is the courts decision? while the 4 months is the mandatory DMV suspension?

I've just talked to a few of my friends regarding their DUI but their case was more severe since they were under the zero tolerance rule (under 21). My friends had to pay 2k + fees in fines, community service, and a 1 year DL suspension. So they're telling me not to worry about it.
I'm currently unemployed, no family and hoping i can find a public defender not to fight the case but try to get me out of more severe punishment that i don't think i can afford (fines and fees).

Also, for those of you who have received DUI's like myself. Have you guys made success in finding jobs? I really need one but the california law is really harsh on background checks and most jobs that i've been looking into looks like they really don't hire people with DUI's. I was wondering if anyone could share their experience =D. So i know what to expect. I'm really clueless right now and have alot of things on my mind. Although it's just a DUI it feels like i've committed something way worse.

I don't ever want to make this mistake like this again.

thanks,

NoelleR

Hey Fokaoine ---

You wrote, "... I've been reading alot of 4 months and some 6 months but i'm guessing the 6 months is the courts decision? while the 4 months is the mandatory DMV suspension?..."

What I quoted WAS from the California DMV Manual.....: "...On the first conviction the court WILL suspend your driving privilegevfor six months..." Sounds pretty plain/clear to me....6 months.....but perhaps with a good attorney you might be able to retain driving privileges for 'work' usage.....(?)

Now....regarding your question about job hunting. I didn't have any problem getting a job, even with a DUI; PI; whatever...hehehe.....but then I wasn't looking for a job that required driving.....I have a couple of suggestions for you on this point:

1) Show the prospective employers you intention of not doing this again.....your facing your responsibility; your remorse; your change of attitude. You wrote:

"...Although it's just a DUI it feels like i've committed something way worse."

Well, bubba, it IS way worse.....worse than you may feel it is.....; and

2) One way of showing you intention of recovery.....find a good AA group and start going (regularly). I know you may not feel that you are an alcoholic, but an employer may think that if a person is caught with one DUI, they probly have others but just weren't caught....and AA is a good place to 'show' intention of recovery and/or not doing it again.....

Plz note, these are just suggestions.....here's wishing you the best..... (o:


NoelleR
DOS: 6/23/86

parentrecovers

nice to meet you, fokaoine. Hold tight onto that decision on no more drinking and driving, ok? 1st DUIs arrests are difficult. 2nd DUIs are life changing. blessings, k

WantsOut

Just about ten years ago exactly I got a DWI - driving while impaired. I lived - lost the right to drive for 6 months, cost me a fortune in lawyer fees, fines, taxis, and later in insurance premiums. I quit drinking a bit after that. Today I hardly remember it happened.

My exAH is on DWI #3 acquired over 20 years. He is praying that he doesn't go to jail.

Learn from this please. Learn from it. Stop drinking now while it's still easy ...

fraankie

"..............If i tell the court i currently have no income and was searching for a job................."

not a particularly good idea
as i see it
who would be going to a job interview or job hunting after guzzling a six pack?
the judge will call it for what it is
you are a bum with carkeys
not good for the law abidable / tax paying residents
who are driving on the same stretch of road as you

my friend just did 45 days for a dwi
one year suspension
and
$1000 fine
so your failure of sobriety test may be mandatory punishment
save money and don't get a lawyer

go to AA
one day at a time


best
fraankie

GlassPrisoner

Good point Frankie. The Judge may just say "Well, since you're not employed and have no ties to the community, you can just have jail time instead of the fine...."

Or community service. Like every weekend until you're 70.

Dude, I'm telling you. Just plead no-contest, get a payment plan for the fine, and chalk it up as a (hopefully) lesson learned.