First DUI, terrified..
 

First let me say hello, this is my first post on here I found the site searching for other people who have been hit with a DUI and were feeling depressed and seeking answers.

Like the title says, I received my first what they call OVI (I live in Ohio) the other day, I'm not even sure if they're the same thing but I think so. I had two beers and went to get a pack of cigarettes when I got pulled over leaving the gas station for turning my lights on a bit too late. I spent the night in jail and the officer told me two was still over the limit and in his opinion not to blow cause if I did and blew over the penalties would be worse. I've never even had one speeding ticket or any form of trouble with the law before this happened and the experience has scared me to death, I never drink I used to when I was younger but I've been on a health kick (I set my mind to prove to myself I could lose the weight, I was 200+ and am now skinnier than I've ever been while still eating healthy) but I decided to drink a bit for the first time in years to kind of unwind cause my mother has been having health issues and it's been shaking me up, but I never expected this....the one night in jail had me scared to death, I never in my life want to go back, I learned my lesson I was so shaken I was even feeling suicidal, it was then I turned to God and have been letting him know how much I need him in my life an in a sense I have found peace but I'm still nervous about all this..

If someone could please shed some light for these upcoming months, I'd truly appreciate it I just don't want to go into this blind..everyone in jail was even laughing for how ignorant I was with everything. The officer even told me to use it as a learning experience cause it's not the end of my life...but honestly I'm worried it just may be, I'm an aspiring musician and had such high hopes and goals and then I made such a stupid decision...I know people say never say never but I honestly swear I will never turn back to booze..I was feeling better than ever after I stopped drinking..and one slip up already feels as if it's ruined my life, and the fact I made it happen just cause of my stupid decision to drink a liquid and get behind the wheel.. It wasn't worth it, being in jail even one night..made me realize staring out the window how much you can lose over one stupid choice. When I got out I had no idea where to go but just smelling the fresh air and walking around not being in a small room with someone I didn't even know..it made me realize how much of a blessing it was just to be free...the whole time I just wanted to see my mom again, I literally fell asleep on the couch beside her the second night I was out cause I realized how much I truly love my mother...I tried to hide all this but she knew the moment I came through the door something was wrong..it feels better having someone there for me but the disappoint in her eyes..was enough to make me never want to touch the stuff again....two beers and my license is gone, I may be facing the scariest charges of my life, and I ended up hurting the one woman who cares the world for me..was it worth it? Not at all...

Please if anyone could just tell me if there's any hope with this or what to do, let me know..my court case isn't for awhile but I can't help but constantly think of it even though I know I can't change the past, but hopefully I can change my future...the only thing keeping me strong is my faith and excercise..

Thank you for your time and reading this..I really had no idea where to turn for advice...

Welcome to SR. :) My advice would be to get a good lawyer. You might just get probation since you have nothing else on your record. Get a lawyer and let them do the figuring out.

:hug:


And don't drink any more. :)

There is hope. It is NOT the end of the world, and if this experience has taught you something, then it will have been worth it. I've had one DUI and while it is expensive and terribly inconvenient for a while, you will get through it.

Penalties vary from state to state. In my case, it was also my only run-in with the law and the whole process took about a year to get through. Probation (along with a payment each month when I'd see my probation officer, loss of license for a certain length of time, court costs and fines, in addition to attorney's fees, the whole thing ended up costing about $10,000. I know you're scared...I was too! I was horrified, but I got a good attorney and just did what I was told to do and it all worked out fine and I learned a valuable lesson.

Welcome to SR; you'll find a lot of support here. :)

Sounds awful harsh for two beers? I would have taken my chances with the breathalyzer and it sounds like the officer just wanted an easy add to his monthly quota. Overnight stay in jail for two beers? No field sobriety test? No BAC? I would get a lawyer.

At least you have motivation now to be sober.

Get a lawyer. You got railroaded by pigs with a god complex.

Hi and welcome SorrowfulSoul :)
I'm not an American, but getting a lawyer sounds like a sensible idea.

D

Welcome Sorrowful. I'm glad you joined us.

I've been through it - in Delaware - and because I had a clean record I was considered a 'First Time Offender'. I only paid a fine plus had to take a class & attend a certain number of AA meetings. License was suspended for 6 mos. I agree that it was harsh of them to put you in jail. I was allowed to have someone pick me up & my car was towed.

I'm sorry you're going through this. Keep posting, it'll help with the anxiety you're feeling.

For sure, look for some ppl from Ohio. Michigan law is really harsh (super-DUI, mandatory this and that, etc) but I'm not familiar with Ohio law. After 3 in 6 yrs, I'm pretty familiar with Michigan law. :( lol

Physicians, police, attorneys, surgeons, bank presidents, elected officials, stock brokers (which I was.....and the NYSE does have regulations about who can be licensed as a broker if they have drinking violations), and so forth all have had DUI's. All have been able to rise above their past discretion if that was the path they chose. I thought I chose that path but my future would tell a different story.

I don't mean to minimize it but after the sting of #2 and then especially #3, the first one seems almost like ripping a band-aid off -- TO ME. When I was in your shoes, I was scared $hitless. To me now, #1 wouldn't even frighten me for more than 5 minutes.

Suffice it to say, it's gonna sting.....you'll have to spend some money, and you'll probably have to do a fair amount of stuff you don't want to do. What will matter the absolute most........by a million miles.......is how you approach life from this moment forward. Living in fear, regretting the past, trying to understand or control the future.......all those things keep us from being present in the moment and actually enjoying life.

You'll likely be forced to get some "education" on alcoholism. That could come from AA, maybe some therapy, maybe a MADD meeting or whatever the courts in your area typically order. Try to go through that stuff with an open mind and heart. Most importantly, try to do it while being honest with yourself.

Like I said, #1 scared me and that pain/fear was enough to help me stay sober for about 7 or 8 months. It took a couple years.....but eventually I was not only drinking but drinking and driving all over again. Thankfully, 2 and 3 showed up and I was forced to not just pay a price but to be far more proactive in my "alcohol problem." Were it not for the courts and most of the stuff I was ordered to do, I probably wouldn't be sober 7 years later like I am now. On my own, I probably would have done what I did before: round up some clean time then, sooner or later, start easing back into drinking and drugging.

I don't know the particulars for Ohio ,but in ny if you don't blow they pull your license for a year automatically. And you go thru hoops. Get a lawyer but don't let him/her keep it in court forever, just makes them money and makes the loss of license longer. Your suspension/revocation won't start until you are convicted . So if you drag it out like I did it will be a long time before you get the license back. As a first offense if your license is clean you might get them to plea it to a reckless or something. Just get it over , life goes on! Stay Strong and Well ! Bobby

The cop told you not to do a breathalyzer? That means you did not refuse it, right? Get a lawyer. It is not the end of the world. You'll get through it. I would feel very upset and ashamed too. Hang in there and try not to beat yourself up. I think going straight to a professional who knows the law is the best thing to do right now. Hugs to you.

That cop pulled a dick move on you.

Hey bro, aight, first DUI dont worry about it, unlesss you got loose lipsOK N U r in the us of spreading american BS

This post sums it up. Without a field sobriety test or BAC I'm not sure how he could prove you were drunk after 2 beers. I'd get a lawyer.

Wow, I guess that Maine does really have the toughest drunk driving laws in the country. I had one DUI, never had a moving violation in my life, was home in bed sleeping and they woke me up to take me to jail. I had hit a parked car and pulled up into my driveway, went into the house and went to bed. I did win the DMV case because they could prove that I had been in an accident but couldn't prove that I had been drinking when it happened. However, I had to pay a steep fine to the state in order to stay out of jail ($1400) and lost my license for 90 days. I also had mandated 7 week counseling and no alcohol use for the duration. You get tried twice in Maine, once by the DMV and then the state. That's right, two trials.

Back to the jail incident. I wouldn't do the breathalyzer and they treated me like a common criminal (not that I wasn't, I own that). I was verbally abused and put into a solitary holding cell in their attempts to try to coerce me into taking the test. This is all with no DMV record whatsoever and I wasn't even in my car. Doesn't matter, I deserved exactly what I got.

In the end, right now you're going through something really tough so it's not going to be hard to stay away from alcohol. You'll get past this. A cop told you not to do the breathalyzer? That's a little suspect to me. You will definitely want to get a lawyer because they can now say anything they want such as you refused to take it.

Learn from this. Not just now but keep it in mind when you're past it. They won't go so easy on you next time.

Doesn't make sense to me. If what you write is true and you only had two beers??? Get a lawyer and go after them.

The officer telling you to not take the test left me scratching my head. If he arrested you for an OVI and then said this to you then you should really be seeking legal council. I looked up OVI laws in Ohio and this is what I found on the breathalyzer

It does not help you to refuse to take a blood, breath, or urine test when you are arrested in Ohio because an officer can use reasonable force to make you take one. Although the penalty for a first OVI in Ohio is high - you face up to three days in jail, a fine of at least $375, and your license will be suspended for any time between six months and three years – you may not be able to avoid these consequences by refusing a test. Even in the unlikely event that no test was possible, so the state does not have proof that your BAC was over .08%, you still could be found guilty of an OVI. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of OVI.

He arrested you for OVI and told you that you'd be better off not taking the test because you might blow over the limit? You could read the above and say that you didn't refuse but when you face the judge there's going to be absence of a breathalyzer exam. Do you think the arresting officer is going to say "Oh, that's ok judge, I told this person it was my opinion that they shouldn't"?

Have you called a lawyer yet?

It was that dude's opinon that you were drunk???

if the cop told you not to take the breathalyzer and that was recorded on video...you have a great chance of getting off ..in fact you rightly should

Very familiar with Ohio law. Get lawyer and they can pry plea to a lesser charge or even get it dropped. For an actual 1st offense its a mandatory three days in jail or typically a first offender program. Essentially you pay to go to a treatment program in a hotel over a weekend. They evaluate you and recommend if further treatment is necessary, as well as educate you about alcoholism. You can always get an evaluation and try to get it out of the way without a court order. You do get points on your license. I would say a good lawyer could get this off for you, it does seem a bit excessive for two drinks!

calm down..you have to . Its no the end of the world. This police officer or whole town sounds crooked. Do your homework.. it has happened many times in the past where police officers can play some loophole and get the video thrown out. If there was any recording video or audio tell your lawyer to get that pronto..If there wasn't you still have a good chance with a good lawyer..there were two or three cops there right? they all will have to lie under oath to screw you....you see you have a great case...if you are being honest this bs really makes my skin crawl. the lawyer fees will be over a thousand but well worth it...OVI that sounds like a venerial disease....i can smell scam to get revenue from a mile away