Isaiah

Generally suggests jail time. Has anyone in a similar experience managed to avoid doing more than a few days?

Anyone ever had luck with leniency due to mental health problems?

doorknob

Some states offer a deferred prosecution or other kind of diversion program, where you accept treatment and the charges are withheld until completion of that program, upon which they are dropped.

CarolD

As laws vary from state to state
you really need legal advice/facts from a local lawyer.

What happens in one state to a member here
is not necessarily going to happen to you.
Bad or good....

Isaiah

Right. I have a lawyer and I am already enrolled in a treatment program, plus psychiatric counseling, plus I'm going to AA as soon as possible.

Rather than legal advice I was just hoping for some "success" stories whatever the state or circumstances. I'm feeling kind of hopeless at the moment.

1963comet

For me it was 2 days in jail with a year probation. But this was over 10 years ago. I know they are getting tougher on this. Look up the secratary of state hand book. What Every Driver Must Know and it will give you information you are looking for.

warrens

Isaiah

I suspect it will depend on your state and the judge who administers your case. I know that anxiety only too well, along with the dread that comes from knowing that I'd earned it.

My attorney negotiated with the prosecutor and arranged a "deal." I would be charged with first offense, no jail, unsupervised probation.

There was however, a "visiting" (substitute) judge when my case was heard. He didn't like the "deal." He agreed to the first offense, but I was taken from the court (to my utter shock) to jail for 2 days. He also assigned supervised probation for a year.

I would think your attorney to be the best source of informed opinion. No doubt he/she has tried similar cases, knows the prosecutor personally, and the judges. While no judge is "bound" by such negotiations, they will typically honor them. I think my judge wanted to put his personal "stamp" on me.

I was in frequent email contact with my attorney. So, I was pretty confident going to court. Thus, the shock of going to jail was huge. I was totally unprepared in every way. Two days doesn't sound like much. Each minute was like an eternity.

Though I feel rather thoroughly punished by the law, it is slight compared to my self punishment. It will take me a very long time to fully forgive myself.

I wish you first, sobriety. Without it you have more to worry about than the law. After that, I wish you an outcome that assists you in staying sober. We must find a way to turn a nightmare into personal growth.

warren

Lindsay

Essentially, I think it all depends on your state and the particular judge that you have. I know that when I had my DUI the judge warned many individuals that if they returned with a second, he would not hesitate to send them to jail for the maximum amount of time.

If I were you I'd just do some research...or as others have said consult an attorney.

Good luck.

tiburon88

I received 2 DUI's within a few years & never did a single day in jail. I know I was lucky. Like Carol said it differs from state to state or even county to county. If I had lived in the county next to mine I would of done a little jail time.

tib

justanothrdrunk

I have a few friends with 2 DUIs within a few years of each other. All of whom did avoid jail time, but the probation violations are what got them.

There are a couple cases where, after the 1st DUI they were placed on probation with zero tolerance for alcohol during that time. And then, while they were on probabtion, they got the 2nd DUI. Since they were drinking for the 2nd while on probation, it's two crimes - the DUI and the probation violation.

One friend of mine is doing 60 days right now for the probation violation alone.

jnj

Did you blow? How high was it if you did? That makes a difference.....Is it just your second DUI OR your 2nd within 5 years? I had one two years ago and didn't blow-and it was my 2nd but don't remember if within 5 years or not...didn't get lawyer or anything.....no jail time ....fines/no license for 3 mos and had to attend classes..... sentence was ''shelved' for a year.

But like over 12 years ago I had 2 within 5 years in different state and I had to do 3 days in jail.