sallyrider

I live in SC and got a second DUI a month ago. I am so scared that I will go to jail, even for a few days. Does anyone know what might happen? I have a lawyer who thinks it will get dropped to a DUI 1st. I wonder, would my record show the one DUI or would it show 2 DUI 1st's.

All of this has basically caused me to quit drinking altogether...which is great!

But I'm still scared. I can pay money all day long but I just cannot go to jail. Also, I was driving on a suspended license but I had my old driver's license on me. The officer did not charge me with driving under suspension (I could not bekieve it). I wonder if they still could. Help!!!

p.s. Before all this happened, I had a PERFECT driving record...not even a parking ticket.

Anna

Just curious - were the charges for your first DUI dropped? Is that why the lawyer thinks it won't count?

I'm glad you have a lawyer and that you've stopped drinking. Take care of yourself.

sallyrider

No, they weren't. They stuck; that is why my license was suspended. I only had 1 month to go until I could get a new license. I had to pay a $500 fine and do community service (30 hours).

It definitely counts. But apparently he can "make a deal" with the solicitor and have it dropped to a first.

fritolay

South Carolina DUI laws are as follows:
1st Offense: 24 hours to 30 days and $300 fine; 6 month license suspension

2nd Offense: 48 hours to 1 year and $2,000 to $5,000 fine; 1 year license suspension

3rd Offense: 60 days to 3 years and $3,500 to $6,000 fine; 2 year license suspension

4th offense or above: 1 to 5 years; permanent revocation (may petition for restoration after 7 years)

While the fines are not negotiable, a judge may forego prison in exchange for community service, or suspend the prison sentence (probation). A second conviction, even if you plea bargain making it punishable as a "first" , will still show the previous conviction on your record. The likelihood of you getting such a generous plea in the future is nill, with two convictions on your record. If the officer that arrested you did not report your suspended license in his report, it is unlikely he will (or can) do so now. However, the city attorney has the ultimate say about what to charge you with.

doorknob

WA has a deferred prosecution program that can only be used once. You have to go to treatment and be monitored by a counselor for 2 years, have a breathalizer on your car for one year, following a 60 day suspension, and are on probation for 5 years.

fritolay

That is a far stiffer penalty than one would get if they just plead guilty and accepted the punishment the judge gave. The only benefit to it is to avoid a criminal record, but what a chore!

doorknob

It was... but I was facing a second offense, had sat in jail for 10 days because I couldn't make bail, and was looking at atleast 20 more.

sallyrider

I sure wish they had ordered a breathalyzer for my car.

AndrewBeen

You mean on of those gizmos that prevents the cars from being used if you can't pass the breathalyzer? Do those work?

MNGirlyGirl

If you show the Judge that you are working on your drinking, it really helps. I got a 3rd within 10 years and the law in MN are VERY strict. I got an assessment and started outpatient treatment and kept a record of the AA meetings I attended (get dates and signatures). That helped show him I was serious and he was lenient. I still was sentenced to 6 days jail, but most people in my situation get far more (I heard from 30 days to 8 months).

You may ask about doing home monitor for a couple weeks in lieu of jail. Get a good lawyer and good luck.

Autumn

Yep - they work. An individual has to blow into it before the vehicle can start, and then at random intervals while driving. If the person doesn't blow into it when alerted, the vehicle will turn off automatically. Also, when the vehicle is fitted with the device, the individual's breath is tested to be sure that it is the offender who's breath is being tested/monitored and not someone else.

I've heard tell that there is a way to beat it, but of course I won't disclose that info here. So if one utilized this trick, then no, the device wouldn't work.

I'm not exactly sure of the more detailed and technical aspects. Maybe the Knobster knows more about it.

doorknob

Mine wasn't so sophisticated that it could distinguish between users, which was good because I would have been stuck in deep snow in the middle of nowhere, had my gf not been able to take that 'rolling random' for me. So, my only complaint was that the model I used had a cap on it, which had to be removed and replaced for the system to work, and it took 2 hands to do it. I had some close calls due to that. But, I never had any thoughts of trying to cheat it. Anyway, all of the test data gets downloaded and faxed to the court. It served it's purpose. I had a part time delivery job the whole time I had one, so my lungs got a workout, constantly starting and stopping. I wonder how many tests I took that year. LOL. I saw a mom with kids blowing on one the other day. It's too bad they are so expensive, because they can be helpful.

CarolD

I am certain our SR members will not be sharing info
on how to drink and drive.

Time2Surrender

I certainly hope not. Sorry, but I have no sympathy for anyone who gets behind the wheel drunk risking the lives of innocent people. Especially on the anniversary of my girlfriends death. Who was killed driving while intoxicated on 6-25-00. I actually have a candle burning for her this very moment as I sit here. I really do miss her. Thank God she didnt take anyone with her. Perhaps you should have thought about jail before you got behind the wheel. Anyway, congrats on staying sober. What ever it takes.

Autumn

:nono: Lol.

Well, I guess they have gone and become a bit more technologically advanced. The SO has to get one installed as a requirement to restore driving priveleges. Since it would have to go on my vehicle, I would have to be there to have my breath tested. Not sure how they do that..... maybe measure volume, rhythm, pressure, etc. I tried googling for some info but didn't have any luck. (I did discover that the first ever "Breathalyzer" was designed and manufactured by Smith & Wesson.) Lol. I agree. It's going to cost us a ton to have that gadget installed. It is too bad about the cost. It sure would make a good preventive device for repeat offenders. Sometimes I think The System is just one big money machine. Tickets, court costs/fines and such are much more lucrative for them. Doesn't matter that the offender pays out-of-pocket for these devices.

Autumn

I'm terribly sorry about your gf, Mike. What an awful, unneccessary tragedy.



I don't have much sympathy for drunk drivers who get caught (no offense sally). I'm glad I never got caught, but if I had, I would have deserved the consequences just the same.

doorknob

Yeah, there is no excuse. Sorry for your loss, it must be tough. Hey, I like your signature quote:

"I had a barbeque stain on my white t-shirt
She was killin' me in that mini skirt
Skippin' rocks on the river by the railroad tracks
She had a sun-tan line and red lipstick"

"I worked so hard for that first kiss
A heart don't forget something like that."

Autumn

Awww......

sallyrider

This is really not an excuse...but I have to say I didn't THINK about getting behind the wheel. I was in a blackout. I was on automatic. That is what is so bad about alcoholism. Alcolhol is the worst drug there is that is LEGAL. I will pay whatever price I have to but I did not make a conscious decision to get behind the wheel. BTW, my father died from a drunk driver...so I know what you're talking about.

Autumn

I understand, believe me..... I think most of us do. I haven't the slightest idea how many times I got behind the wheel inebriated, blacked out and unable to make a rational decison not to do so. Unfortunately, the courts don't take that state of mind into consideration or have much empathy when it comes to handing down sentences.

My advice to you to avoid jail time is get into some kind of outpatient treatment program to show the judge that you take this charge very seriously, and maybe do some volunteer work at a halfway house or rehab. He/she is going to make you do these things anyway. Even if you do have to go to jail, your survival instinct will kick in and you'll get through it.

Anyway, I do empathize with your plight. My SO was popped back in October, and the court system has him doing everything short of stripping him naked for all the gallery to see.