red3215

Hello whomever. I'm back to just lament about my DWI, since I got more info on it. It was my first offense but my prosecutor wants me jailed for three months because
1) My BAC was .324
2) There are witnesses that I almost hit six vehicles, including a school bus
3) It was my fourth alcohol related arrest that year (The other offenses were only misdemeanor Cs and haven't been showing up on employer background checks thankfully).
4) There were open containers all over my car (mainly taken from the house so my family I'm staying with wouldn't find them)

I think I could survive three months of jail. Heck, my life outside jail has frequently been suicidal and miserable for decades. But I fear losing my car and new job more than anything.
My public defender is trying to get me probation instead of jail and will meet with the prosecutor one more time to negotiate or it goes to jury trial. Which I dread but will do all I can.
I'm pleading guilty but apparently a jury can determine if I get probation or jail, according to my defender.
It's so weird that my family I stay with doesn't even know all this is going on. I keep having nightmarish visions of going to trial and then whisked away in cuffs while they wonder where I'm at. I'll deal with that when it becomes necessary.
But this is so stressful and draining me badly these last two weeks. I haven't been helping my sister with her kids anymore and avoid my boyfriend a lot so I can just hide in my room.
I installed an interlock device I must blow into on my car and have been going to AA and have a sponsor I love, as my attorney suggested.
In the mean time I swing back and forth emotionally, sometimes just grateful no one was killed and I have longer sobriety than I ever achieved in 19 years. Then other times I just get so depressed and scared that I can't deal with the coming consequences. I'd appreciate any support right now, and maybe someone else with a DUI to PM with.
Thanks

Soberwolf

Your doing all the right things Red xx

In the meantime just keep doing the right things & stick close to us support is vital right now & if I can ever help anytime just drop a pm x

Jsbodhi

Aww! Xoxo.
I agree with SW, you're doing what you can.
Hang in there xx

2muchpain

Very sorry to hear your going through such a tough time. A DUI really sucks. I got one a long time ago. I don't remember what my BAC was, but it was real high. I admitted myself into a hospital because I became very suicidal. The people there recommended long-term treatment for both depression and alcoholism. The judge agreed to this instead of jail with the understanding that if I messed up again, I would be locked up. The police took me straight from the courtroom to the hospital. Once out, I was put on probation for six months and had to see someone from social services.
I don't know if this is a possibility for you, but this worked for me. You mentioned that you feel your life is pretty miserable, so maybe a hospital stay might be possible. Good luck. John

Zebra1275

Sorry to say this, but I understand the prosecutor's position. In my state, your BAC when you were arrested would get you a Super Drunk charge, and you would face harsh punishment, including enhanced penalties even as a first-time offender. Combining that with your other recent arrests, I think puts you in a tough negotiating position to argue for probation.

Rather than go to jail however, which just seems like punishment, many states have various drug and alcohol diversion programs which focus on intensive treatment of the addiction. Can you get into something like that?

Unluckyatlife

I doubt you will go to jail for 1rs time dwi. I have 2 of them and never did any jail time.

red3215

I hope threatening jail is only to scare me into staying sober. They already reduced the sentence from 260 days to 90. April 6 they discuss it one more time and decide if I go to trial or not. I think the odds are on my side because judges and prosecutors prefer not to have the hassle of trials but I can't stop worrying.
My license will be suspended for 90 days starting April 22 but I may (or may not) be able to get an Occupational License so I can at least drive to work and the grocery store...I can't wait for this to be over.

advbike

Could be worse. In western Europe you'd probably lose your license for life with a BAC that high. Glad you didn't hurt someone.

SoberinSyracuse

I got my DUI in October. I had to pay a lot of fines and fees, attend some training courses, and my license was suspended for 90 days.

My BAC was .15, almost twice the legal limit. I was in a one-car accident with no injuries.

Because I was a first-time offender, my attorney negotiated with the D.A. to reduce the charge to DWAI, which is a traffic offense but not a crime.

I live in NY state and we have some fairly tough drunk driving laws here. But still, they don't want to fill up the jails with drunk drivers. They'd rather scare s straight.

There is life on the other side of thing. Hang in and get through it. Make it a personal turning point and it will eventually turn out to be a blessing.

Coldfusion

It sounds like you are doing all the right things, and the court will respect that. Keep up the outstanding work!

red3215

Thanks everyone. I think part of my anxiety and depression is from isolating myself so much lately so I went outside and hung out with my little nephew, and forced myself to eat properly. That helped. Self care is important now....
Yes I thought they were harsh here but I was reading about NY and they're worse. So is Ohio where my boyfriend got his. They immediately took his license. It's gonna be almost five months before my suspension goes into effect. Results are unpredictable everywhere. It's driving me nuts to wait

Fabela

That's right. In Norway, if your BAC is .12 you'll lose your licence for up to five years, more than that you'll lose it for life.
I'm also glad that you didn't hurt someone, but don't let that make you feel better. Don't EVER do this again!

Unluckyatlife

I don't think all alcoholics can be scared straight. Punishment and discipline does not always work on alcoholics. I continued to drive inebriated even when my license was suspended.

Longpasttime

Been there and I know it seems like things really suck, but if you consider what could have happened and that if it had, you would have given anything to "only" be in the situation you are now in, it can put things in a better light (grateful even?). You cannot change what you did, but you can be sober and do everything you need to going forward to have the best outcome. My only other suggestion would be to carefully document everything you do, getting sign-offs from AA, classes, and anything else so you can present a well organized folder when you go in. Judges and everyone else in the legal system hear lies upon lies every day so if you truly shape up and can prove it, it really will help you.

advbike

Exactly. Considering the possibility of a more tragic outcome, gratitude might even seem appropriate.

DoubleBarrel

Think how you would feel if your car blew up a bunch of children.

It's all good news. All of it.

Take the 90 days and embrace sobriety and the second chance you have at life instead of a vehicular homicide charge and the guilt of agonizing grieving parents.

NYCDoglvr

Sorry, but I agree with the prosecutor. Of course you're upset but it may be the best way to learn you can't drink and drive.

Unluckyatlife

redlady, I hope the outcome is a good one for you. I got my dwi's I already hated myself. Being treated like garbage by the court system just made me feel worse. The good thing is that you have a lawyer that has probably has lots of experience in these issues.

chrcarlson

Hello redladyslipper, I working through my 5'th DUI over a period of 30 years. Actually I had to plea guilty to a DUI 2'nd offense. I'm not a lawyer but DUI's are sort of a old hobby of mine

If you are in the USA jail time would be VERY unlikely. Denton County Texas is a bad place for DUI's and all I had to do was 30 days on the weekends. Seems they were upset about my previous "incidents."

"I'm pleading guilty but apparently a jury can determine if I get probation or jail, according to my defender." In the USA the defense and prosecuter set the terms for a Plea Bargain. A judge will accept or deny. They usually accept. A jury isn't present for a Plea Bargain. I'm assuming you haven't reach the trial stage.

Google the DUI laws for your area. Speak intelligently to your public defender. 3 months jail? Seems a bit much to me. Ask your sponsor if they will write a letter to present to the public defender. Ask if your sponsor will appear in court on your behalf. Do document your attendance at AA. My guess is you will get probation and other requirements. If you do get jail (very unlikely) they will probably let you do work release, meaning you will not lose your job. Courts really hate it putting tax payers out of business. It's also easier for them to get money out of folks with jobs.

You have an alcohol problem and a legal problem. They are related but not the same. My last DUI has been a blessing. I finally decided to stop drinking. Who would have thought after 30 years and numerous alcohol related incidents. Be smarter than me and don't let it beat you down for 30 years.