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Old 03-11-2011, 09:03 PM
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Question DUI charges

My BF got a DUI, and I'm wondering if anyone knows what kind of charges he faces. It was his first offense, and there were thankfully no injuries or accidents. But he did have a BAC of .27. (YUCK). I have read that because of the elevated BAC, it is an "enhanced" DUI, but I'm wondering what that means? He was pulled over around 3 am, and spent some 6-7 hours in jail.

We live in California, and he has been seeing a psychiatrist/addiction doctor since the DUI, and considering Antabuse. Unfortunately, no other treatment, and, also unfortunately, he is still drinking. I am hoping that they make him go to classes and/or AA.

But just wondering what kind of penalties he might face. He did get a lawyer, but he hasn't said anything about the possible/probable punishment.

Thanks in advance. And please let me know if this is the wrong forum to post in, and where it might fit better. Thanks!
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Old 03-11-2011, 09:24 PM
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I blew a .24 in California about 10 years ago. The elevated BAC got me a longer period in which I had to go to classes and go to AA. I had to do weekly AA for a year, and I had to do 3 months of classes and 6 months of weekly meetings with an alcohol counselor in a group setting, and once every couple of weeks I had to do a 1 on 1. I was also required not to drink for a full year as the terms to my probation.

The total fine with classes came to about $10K I think. I was going to get a lawyer, but just decided to plead guilty because I didn't have the money or the werewithal to fight it. I didn't consider myself and alcoholic at the time.

Each judge is a little different, but with the elevated BAC he with be required to do more than just your normal DUI.
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Old 03-11-2011, 09:46 PM
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Thanks!

Wow, that is A LOT. (Never too much, I think). If you don't mind sharing, how did that affect you? Were you able to not drink, and did that "make" your sobriety stick, or help you want to get sober?

I am curious because my BF has tried a couple of times to "cut down" his drinking, and it obviously hasn't worked. Since the DUI, he has been more involved in recovering than he has been, but is unfortunately still drinking. He is seeing a one-on-one psychiatrist/counselor right now, but is unemployed, and is going to run out of money for that in about a month. He went to a couple of AA meetings last year when he tried to quit, but said it was too "cultish" and never went back.
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Old 03-11-2011, 10:21 PM
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At the time I quit pretty easily. I was basically a once or twice a week binge drinker. I really didn't think I had a problem at the time. (but my wife did) I did the classes and the AA which I enjoyed to some extent, but I never had the intention to quit for good at that time. I got alot of information regarding how bad alcohol was, and I still tried to hang out with my drinking buddies, but being sober and bitter wasn't fun when hanging around a bunch of drunks. In fact they started to shun me because I would tell them how bad drinking was for them, and they didn't like it.

Looking back, I sort of got away from that crowd for a while, and that year happened to be one of the best of my life, but I knew I was going to drink when the year was up. I agree about the AA "cultish" thing, and although I didn't mind sitting in the meetings and getting my paper signed I knew I wasn't ever going back. It was too religious feeling for me, and at the time I couldn't relate to most of the people there.

After my year was up my wife and I attended a wedding, where i had already planned to get drunk, and as I was sneaking rum and cokes from the bar my wife brought me over a margerita (sp), as a reward for a year sober, and I continued to binge for about 7 more years. Then I found out that booze was the best cure for a hangover and I had money and time on my hands and I proceeded to drink pretty much straight for the last 3 years. I basically quit 6 months ago, I was ready and it was my decision. I created my own program and I truly don't want to drink ever again. I wasn't ready to quit 10 years ago, and barring something tragic happening like another DUI, it just wasn't going to happen. I am 42 years old now, and realize that I really wasted a majority of the last 27 years being drunk. Don't get me wrong, I had some great times, and alot of success, but I really could have been alot farther along in life, and I probably would have been much happier but maturity was never a strong point of mine...at least in the past.

If you have any other questions let me know.
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Old 03-11-2011, 10:30 PM
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Watch out for the call back. I went 6 months one time and bam it hit me like a cocaine addiction, they say you never get over it. It's serious business. I have met 10 and 20 and 30 sobers and I think it is impossible, then it about makes me cry. God Bless em, this the only thing I ever wanted to conquer I can't.
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Old 03-11-2011, 10:37 PM
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Thanks for the input farmer! I am well aware of the voice, but I realize that I have to stay active in my recovery program daily so I don't get the "call back". I just don't want to drink anymore. It doesn't do what it used to do for me, and being that it's progressive and my last detox ended in the ER it's just not worth it. But thanks for the reminder.
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Old 03-12-2011, 01:48 AM
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Arrest for Driving Under the Influence DUI General Information

And there's the criminal end to consider, the judge is going to take the BAC thing seriously.

You may be driving your bf for quite some time.
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Old 03-12-2011, 05:16 AM
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Yeah my license was suspended.
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Old 03-12-2011, 06:29 AM
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Generally the first DUI will cost several thousand dollars in attorneys' fees, court costs, probation fees, fees for the other classes he'll have to attend. Probably loss of his license for several months or even a year, monthly probation visits for a year or more, perhaps several hours of community service. Once he gets his license back, he'll have to get special insurance (quite expensive) for a number of years. The consequences of his DUI will be with him for several years.
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Old 03-12-2011, 06:45 AM
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If he quits drinking he can recupe all that money and more in savings over time. Plus something like half of people who get a dui end up getting another. I know in my case I was too stupid to stop drinking until my life was a shell of what it could have been. I will say I feel like I'm hanging on to the bottom rung of the ladder now at least. Before I was in a hole.
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Old 03-12-2011, 06:48 AM
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May I suggest that it might be more productive to address the overall situation of why he drinks, and how to stop, rather than the technicalities of this one event? Many of us know people who killed somebody on their first DUI. If I were him, my first thought would be "Thank GOD I didn't kill anybody" rather than "How will this affect me?"

If Our history is any guide, it will only be the very first in a long line of embarrassing or dangerous incidents until he stops.
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Old 03-12-2011, 06:48 AM
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Others here know more about the punishment side of it in CA.

I never got a DUI myself (though that was just dumb luck), but it certainly isn't guaranteed to be the "bottom" for an alcoholic. I think there is a tendency to put it all down to bad luck--which, to some extent, it is. Almost anyone, even someone who seldom drinks, can get a DUI--all that is required is poor judgment--not unusual when you have been drinking. What is required for recovery is, I think, a recognition that alcohol is TOTALLY screwing up your life.
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Old 03-12-2011, 06:58 AM
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I got a DUI in January last year, and will be going to court in June...the laws are different here in Canada...it was definetely my "bottom" and a huge wake up call...I consider it a blessing in disguise...
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Old 03-12-2011, 06:58 AM
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You're right about that, lexie. I drank for another two years after I got my DUI. My "bottom" came one night just sitting at my computer, drinking, of course, and realizing that it was after 2am and I had to go to work the next morning. Something inside of me just said ENOUGH! I called a good friend who drove across town to get me and I checked myself into a detox center about 2 hours later.

It isn't a "situation" that determines an addict's bottom. It is something that comes from within.
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Old 03-12-2011, 07:07 AM
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The situation can compel you to quit, like it did me...I knew that I wasn't living the life I was meant to...things weren't matching up with my morals and values....
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Old 03-12-2011, 07:12 AM
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Yes, a situation can definitely be a factor for change, but it still has to come from within. Otherwise, on one would get a second DUI, or continue to drink after losing their job, family, home, business, etc. One trip to rehab would do the trick. We all know that isn't the way it is, and no one will honestly change until they are truly ready.
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Old 03-12-2011, 07:13 AM
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I'm a multiple offender here in GA (two duis) and the penalities were stiff.

However, I'm more concerned with why your boyfriend isn't on here asking these questions himself?

I think that's the bigger picture.

Kjell~
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Old 03-12-2011, 07:39 AM
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Maybe her boyfriend isn't ready yet. I think she was just trying to get info regarding what kind of punishment he can expect with the higher BAC. She is just fact finding, and I am sure she will let her boyfriend know about the site.

We don't even know the guys situation so no reason to give her gloom and doom, everyone who comes to theis board isn't a full blown alcoholic.
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Old 03-12-2011, 07:47 AM
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what exactly is a "full blown alcoholic"???
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Old 03-12-2011, 07:52 AM
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I don't think I gave any gloom and doom. She asked what kind of penalties he faces. I told her the penalties I faced for my first (and only) DUI. Just the facts, ma'am.
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