Just got my first DUI. I was doing so well....what's in store for me?
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Just got my first DUI. I was doing so well....what's in store for me?
This is scary. I quit drinking for a long time. Now this happens.
I bumped into someone's car in a parking lot while backing up. She called the cops. They did a field sobriety test on me. Breathalyzer. I apparently failed and was handcuffed. There was no further testing done. There was no damage to my car, but hers has a little dent. She got a lawyer and is claiming bodily injury.
To make a long story short, how much am I in for here? Is this a felony? Jail time? I don't even have a court date yet.
I'm just so sorry this ever happened. My life was already in shambles. I seriously doubt she's injured since she didn't act injured at the scene and the impact was so minor, but that's what she claims now.
I bumped into someone's car in a parking lot while backing up. She called the cops. They did a field sobriety test on me. Breathalyzer. I apparently failed and was handcuffed. There was no further testing done. There was no damage to my car, but hers has a little dent. She got a lawyer and is claiming bodily injury.
To make a long story short, how much am I in for here? Is this a felony? Jail time? I don't even have a court date yet.
I'm just so sorry this ever happened. My life was already in shambles. I seriously doubt she's injured since she didn't act injured at the scene and the impact was so minor, but that's what she claims now.
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It depends on what state you live in. Penalties and fees differ. The following is from a site that details the driving laws by state.
http://www.drivinglaws.org/topics/state-driving-laws
http://www.drivinglaws.org/topics/state-driving-laws
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Well, what happens next depends on the law in your state; your driving history;
whether the officer shows up in court; what the judge ate for breakfast, etc. etc. You need an attorney who has experience dealing with DUI. There are too many variables to tell you anything really, other than that it will be expensive.
With regard to the drinking that led to this. Are you planning to quit again? What support do you have in real life? We are here to help you with support. Welcome to SR.
whether the officer shows up in court; what the judge ate for breakfast, etc. etc. You need an attorney who has experience dealing with DUI. There are too many variables to tell you anything really, other than that it will be expensive.
With regard to the drinking that led to this. Are you planning to quit again? What support do you have in real life? We are here to help you with support. Welcome to SR.
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Her claims of injury will take care of themselves (if she is not injured). You will need to retain a lawyer, depending on your BAC and any previous alcohol related history, it could range from alcohol related careless (pretty minor) to Gross Misdemeanor DWI which will involve house arrest. If you have no priors, and a decent attorney, its not the end of the world. As far as her injuries go, she's possibly on a slippery slope because if she is faking injury in an attempt to get a settlement, she's in a little trouble herself. Sorry this happened to you.
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Lots of good advice here alreadyJsphere. Regardless of what happens it's going to take quite some time for all the legal things to take their course, and you'll be left with a lot of waiting time. Are you here to seek advice about your drinking too or just legal advice? I'd have to guess that something must have gone awry between your last round of sobriety and getting in a car legally drunk. There is a lot of support to be found for that side of things here on SR.
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First of all, you need an attorney. If you don't have one, get one and fast.
Next, considering that you failed an on site breathalyzer, your opinion of how badly she was or wasn't hurt won't count for much. What will count is her medical record. (BTW- a friend of mine jumped onto a raft from a dock. Felt some pain when he hit the raft but not much, he continued swimming for quite a while. Later that evening he began having numbness in his fingers and toes. Luckily his wife insisted on an ER visit. Apparently a piece of bone in his neck dislodged and settled precariously in his spine and he required emergency surgery. Had he not gone to the ER immediately he most likely would have ended up a quadriplegic . All he kept saying was...it hardly hurt it wasn't that bad. )
I tell you that because drunk or sober you have no idea what kind of damage you did to her and most likely won't until you are privy to her medical record.
Get an attorney.
Next, considering that you failed an on site breathalyzer, your opinion of how badly she was or wasn't hurt won't count for much. What will count is her medical record. (BTW- a friend of mine jumped onto a raft from a dock. Felt some pain when he hit the raft but not much, he continued swimming for quite a while. Later that evening he began having numbness in his fingers and toes. Luckily his wife insisted on an ER visit. Apparently a piece of bone in his neck dislodged and settled precariously in his spine and he required emergency surgery. Had he not gone to the ER immediately he most likely would have ended up a quadriplegic . All he kept saying was...it hardly hurt it wasn't that bad. )
I tell you that because drunk or sober you have no idea what kind of damage you did to her and most likely won't until you are privy to her medical record.
Get an attorney.
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Concerning sobriety, I'm thinking about checking myself in some place. I've been on antidepressants and feeling suicidal for a while. I can go for a while without drinking, but it was the only thing that made me feel better. The pills aren't working. It's the only reason why I ever drank to begin with.
I'm unemployed. I have no money for an attorney. I could get a public defender for free but not sure how good they are. I'm on medicaid that would pay for any treatment, but I think I need more psychological treatment than anything. Or better medication that makes me feel good about myself for once in my life.
I'm unemployed. I have no money for an attorney. I could get a public defender for free but not sure how good they are. I'm on medicaid that would pay for any treatment, but I think I need more psychological treatment than anything. Or better medication that makes me feel good about myself for once in my life.
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I got a DUI a while back. One thing that helped me out in court was that I was proactive in dealing with my drinking problem, eg. treatment. If you are not going to AA meetings, now might be a good time to start.
I also had a minor accident where I barely bumped into a car in front of me. I talked to the lady in the car and asked her if she was ok. She said she was fine but had a history of back problems. I asked her if she wanted me to call an ambulance. She declined. She still ended up suing me and got a few bucks out of it. My insurance company says it happens all the time. Good Luck. John
I also had a minor accident where I barely bumped into a car in front of me. I talked to the lady in the car and asked her if she was ok. She said she was fine but had a history of back problems. I asked her if she wanted me to call an ambulance. She declined. She still ended up suing me and got a few bucks out of it. My insurance company says it happens all the time. Good Luck. John
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Originally Posted by 2muchpain 
I got a DUI a while back. One thing that helped me out in court was that I was proactive in dealing with my drinking problem, eg. treatment. If you are not going to AA meetings, now might be a good time to start.
I also had a minor accident where I barely bumped into a car in front of me. I talked to the lady in the car and asked her if she was ok. She said she was fine but had a history of back problems. I asked her if she wanted me to call an ambulance. She declined. She still ended up suing me and got a few bucks out of it. My insurance company says it happens all the time. Good Luck. John
I also had a minor accident where I barely bumped into a car in front of me. I talked to the lady in the car and asked her if she was ok. She said she was fine but had a history of back problems. I asked her if she wanted me to call an ambulance. She declined. She still ended up suing me and got a few bucks out of it. My insurance company says it happens all the time. Good Luck. John
Were you charged with a felony? I just don't know how I'm going to pay for any of this. I have an opportunity coming up but I probably blew that. Tried talking to my mother who doesn't live with me and I know she was crying but acting like she wasn't. I don't want her to worry. She can't solve my problems.
I literally so no way out of this. Any of it. The depression, the anxiety, a cure? Don't want to rely on alcohol anymore. It's not a cure. It's costing me everything.
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I was considered a 'first time offender' & had my license revoked for 3 mos. Had to take a course that cost $700.00 (including attending AA meetings) & pay a reinstatement fee of $145.00. This was in the State of Delaware. My lawyer advised me to seek treatment - that it would help if I was remorseful.
I'm sorry you're in this situation, JPhere - but I'm glad you found us.
I'm sorry you're in this situation, JPhere - but I'm glad you found us.
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Originally Posted by JPhere
Concerning sobriety, I'm thinking about checking myself in some place. I've been on antidepressants and feeling suicidal for a while. I can go for a while without drinking, but it was the only thing that made me feel better. The pills aren't working. It's the only reason why I ever drank to begin with.
I'm unemployed. I have no money for an attorney. I could get a public defender for free but not sure how good they are. I'm on medicaid that would pay for any treatment, but I think I need more psychological treatment than anything. Or better medication that makes me feel good about myself for once in my life.
I'm unemployed. I have no money for an attorney. I could get a public defender for free but not sure how good they are. I'm on medicaid that would pay for any treatment, but I think I need more psychological treatment than anything. Or better medication that makes me feel good about myself for once in my life.
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JPhere
The cops wanted to charge me with a felony, but my lawyer got it down to a misdemeanor.
Strange you should mention going into a hospital for anxiety/depression.
I'll try to make this brief but I think my story might be of some help.
I ended up with the DUI because of work and a relationship issue. I was really losing it. Suicidal. Worse time of my life. I ended up in a hospital for an observation. The hospital concluded I needed long term treatment for both depression/anxiety as well as alcohol dependence, so I was legally forced to spend around 5 months in a hospital that dealt with all these issues. I knew I really needed help, so had no problem with this.
Anyway, spent the first 4 months dealing with the anxiety and depression issues, than was transferred to a different part of the hospital for alcohol dependency for 5th month. The hospital than arranged outside group and individual counseling.
I didn't know it at the time, but the court took all this into consideration. They dropped the jail time, no machine hooked up to my car that I would of had to breath in to start the car. No machine hooked up to my phone that I would have to breath into whenever someone from the court called to see if I was drinking. Got probation for six months where I had to meet with someone every now and then from the court to see how I was doing. I got off pretty easy, but I was lucky and everything just fell into place. Now just might be the perfect time for you to work on whatever problems you have. Look at your DUI as an incentive to work on you. Hope this helps some. John
The cops wanted to charge me with a felony, but my lawyer got it down to a misdemeanor.
Strange you should mention going into a hospital for anxiety/depression.
I'll try to make this brief but I think my story might be of some help.
I ended up with the DUI because of work and a relationship issue. I was really losing it. Suicidal. Worse time of my life. I ended up in a hospital for an observation. The hospital concluded I needed long term treatment for both depression/anxiety as well as alcohol dependence, so I was legally forced to spend around 5 months in a hospital that dealt with all these issues. I knew I really needed help, so had no problem with this.
Anyway, spent the first 4 months dealing with the anxiety and depression issues, than was transferred to a different part of the hospital for alcohol dependency for 5th month. The hospital than arranged outside group and individual counseling.
I didn't know it at the time, but the court took all this into consideration. They dropped the jail time, no machine hooked up to my car that I would of had to breath in to start the car. No machine hooked up to my phone that I would have to breath into whenever someone from the court called to see if I was drinking. Got probation for six months where I had to meet with someone every now and then from the court to see how I was doing. I got off pretty easy, but I was lucky and everything just fell into place. Now just might be the perfect time for you to work on whatever problems you have. Look at your DUI as an incentive to work on you. Hope this helps some. John
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Originally Posted by 2muchpain
JPhere
The cops wanted to charge me with a felony, but my lawyer got it down to a misdemeanor.
Strange you should mention going into a hospital for anxiety/depression.
I'll try to make this brief but I think my story might be of some help.
I ended up with the DUI because of work and a relationship issue. I was really losing it. Suicidal. Worse time of my life. I ended up in a hospital for an observation. The hospital concluded I needed long term treatment for both depression/anxiety as well as alcohol dependence, so I was legally forced to spend around 5 months in a hospital that dealt with all these issues. I knew I really needed help, so had no problem with this.
Anyway, spent the first 4 months dealing with the anxiety and depression issues, than was transferred to a different part of the hospital for alcohol dependency for 5th month. The hospital than arranged outside group and individual counseling.
I didn't know it at the time, but the court took all this into consideration. They dropped the jail time, no machine hooked up to my car that I would of had to breath in to start the car. No machine hooked up to my phone that I would have to breath into whenever someone from the court called to see if I was drinking. Got probation for six months where I had to meet with someone every now and then from the court to see how I was doing. I got off pretty easy, but I was lucky and everything just fell into place. Now just might be the perfect time for you to work on whatever problems you have. Look at your DUI as an incentive to work on you. Hope this helps some. John
The cops wanted to charge me with a felony, but my lawyer got it down to a misdemeanor.
Strange you should mention going into a hospital for anxiety/depression.
I'll try to make this brief but I think my story might be of some help.
I ended up with the DUI because of work and a relationship issue. I was really losing it. Suicidal. Worse time of my life. I ended up in a hospital for an observation. The hospital concluded I needed long term treatment for both depression/anxiety as well as alcohol dependence, so I was legally forced to spend around 5 months in a hospital that dealt with all these issues. I knew I really needed help, so had no problem with this.
Anyway, spent the first 4 months dealing with the anxiety and depression issues, than was transferred to a different part of the hospital for alcohol dependency for 5th month. The hospital than arranged outside group and individual counseling.
I didn't know it at the time, but the court took all this into consideration. They dropped the jail time, no machine hooked up to my car that I would of had to breath in to start the car. No machine hooked up to my phone that I would have to breath into whenever someone from the court called to see if I was drinking. Got probation for six months where I had to meet with someone every now and then from the court to see how I was doing. I got off pretty easy, but I was lucky and everything just fell into place. Now just might be the perfect time for you to work on whatever problems you have. Look at your DUI as an incentive to work on you. Hope this helps some. John
Well, if I do go that route, I'll lose my house for sure. I'll probably lose it anyway but that would seal the deal. I have no way of making many more house payments as it is. Just enough left for this month and next month. Then the money's gone.
I guess this would be rock bottom? Really how much lower can it go other than living on a sidewalk.
Did you get any disability payments while you were in treatment?
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Join Date: Jan 2014
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No, I didn't get any disability payments. Again, I was lucky and my employer put me on long-term leave.
This is probably a silly question, but can the bank foreclose on your house if you are hospitalized?
Also, while in the hospital, some guy from vocational rehabilitation came by to see what my situation was once I left the hospital, if I had a place to go to, if I needed to look for a job, and to see if I needed additional work skills to improve my chances of getting a job. I believe all this would of been provided free if I needed them. Just might be what you need to get back on your feet. And remember, there are always sober living facilities that you might want to take advantage of, depending on what your state offers. Your situation might not be as bleak as you think. John
This is probably a silly question, but can the bank foreclose on your house if you are hospitalized?
Also, while in the hospital, some guy from vocational rehabilitation came by to see what my situation was once I left the hospital, if I had a place to go to, if I needed to look for a job, and to see if I needed additional work skills to improve my chances of getting a job. I believe all this would of been provided free if I needed them. Just might be what you need to get back on your feet. And remember, there are always sober living facilities that you might want to take advantage of, depending on what your state offers. Your situation might not be as bleak as you think. John
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I'm sorry to hear of your situation JPhere. The previous posters all had excellent, practical advice. I have no direct experience. but offer my support and encouragement. Seeking immediate treatment will help your life fall into place in a positive way.
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Hi Jphere
Ugh. I'm glad no one was hurt. Get a good attorney. I would recommend starting to attend an AA meeting everyday-get a sponsor as that person may be willing to testify in court....and hey, maybe you'll like it...silver lining. Make up you own sign in sheet and have someone sign from the meeting sign. Not a bad idea to look into public service work too, as I think that may be required. Local churches or shelters. Again, sign in sheet. I had a friend that did this, got a good attorney and actually got off with little impact. Was driving with a .247. I think it shows that you are taking sobriety seriously and starts you doing what they will probably require anyway.
Good news is you never have to have a DUI again. Just don't take that first drink.
Ugh. I'm glad no one was hurt. Get a good attorney. I would recommend starting to attend an AA meeting everyday-get a sponsor as that person may be willing to testify in court....and hey, maybe you'll like it...silver lining. Make up you own sign in sheet and have someone sign from the meeting sign. Not a bad idea to look into public service work too, as I think that may be required. Local churches or shelters. Again, sign in sheet. I had a friend that did this, got a good attorney and actually got off with little impact. Was driving with a .247. I think it shows that you are taking sobriety seriously and starts you doing what they will probably require anyway.
Good news is you never have to have a DUI again. Just don't take that first drink.
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Join Date: Feb 2014
Location: Florida., USA
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Originally Posted by 2muchpain
No, I didn't get any disability payments. Again, I was lucky and my employer put me on long-term leave.
This is probably a silly question, but can the bank foreclose on your house if you are hospitalized?
Also, while in the hospital, some guy from vocational rehabilitation came by to see what my situation was once I left the hospital, if I had a place to go to, if I needed to look for a job, and to see if I needed additional work skills to improve my chances of getting a job. I believe all this would of been provided free if I needed them. Just might be what you need to get back on your feet. And remember, there are always sober living facilities that you might want to take advantage of, depending on what your state offers. Your situation might not be as bleak as you think. John
This is probably a silly question, but can the bank foreclose on your house if you are hospitalized?
Also, while in the hospital, some guy from vocational rehabilitation came by to see what my situation was once I left the hospital, if I had a place to go to, if I needed to look for a job, and to see if I needed additional work skills to improve my chances of getting a job. I believe all this would of been provided free if I needed them. Just might be what you need to get back on your feet. And remember, there are always sober living facilities that you might want to take advantage of, depending on what your state offers. Your situation might not be as bleak as you think. John
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Our daughter got a DUI in the toughest penalty county in our state. (Tough because it is home to 3 colleges and they are tired of college kids DUI's)
This is how her's played out. Her DUI was non injury, non accident. In fact she was not actually caught driving but rather sitting in the parking lot texting unfortunately, her keys were in the ignition. They counted that just as though she was on the road. She was approached by the cop because she was illegally parked.
A letter arrived via US mail about 30 days after the arrest from the district magistrate (DM) assigning a court date a month later. At DM court she found out her charges and was given a $1000 bond (typical for that county because so many college kids don't live in the county and don't show up for court. She had to pay 10%.) Many 1st DUI's are released w/out bond.
She was assigned a court date in criminal court about 4 months out. During that 4 month time she was suspended from college for 1 year (and because it was 7 weeks into the semester had to repay student loans for a semester she didn't attend school). So she got a job and started going to AA and individual counseling.
In criminal court, she was given a $1250 fine, 6 months probation and 6 months loss of license. Little did we know....that $1250 fine turned out to be about $2200 because you have probation fees, drug & alcohol education course fees, and other fees that kept adding up. She was put on a payment plan of $100 a month. (They take into account your income level for the payment plan). HOWEVER, you can't get released from probation OR get your driver's license back until the fines are paid. So at a rate of $100/month she would have been without a license and on probation for over 2 years. She took out a loan to pay the fees within 6 months to get her license back.
D&A classes were 2.5 hrs 1x a week for 6 weeks. Probation - consisted of 1 x week visit for the first month, then she only had to go 2 x for the remaining 5 months. She was drug tested each time (which also added to the fees) Since she lost her license, each one of these visits cost me a day of work because it was a 4 hour round trip drive to the other county probation office. She was not eligible to have her case moved to our county nor was she eligible for public defender. PD is allowed for felony's not misdemeanors. Because she was unemployed at the time of the arrest she also was not eligible for work permit license. Her attorney fees were about $1500.
It was a nightmare but she survived. That was 4 years ago and she still has a hard time getting a job if the application asks if you were ever arrested. (If it asks were you ever convicted she is ok because she got it expunged but she legally must answer yes to an arrest and they bypass her every time if the app is worded that way).
This is how her's played out. Her DUI was non injury, non accident. In fact she was not actually caught driving but rather sitting in the parking lot texting unfortunately, her keys were in the ignition. They counted that just as though she was on the road. She was approached by the cop because she was illegally parked.
A letter arrived via US mail about 30 days after the arrest from the district magistrate (DM) assigning a court date a month later. At DM court she found out her charges and was given a $1000 bond (typical for that county because so many college kids don't live in the county and don't show up for court. She had to pay 10%.) Many 1st DUI's are released w/out bond.
She was assigned a court date in criminal court about 4 months out. During that 4 month time she was suspended from college for 1 year (and because it was 7 weeks into the semester had to repay student loans for a semester she didn't attend school). So she got a job and started going to AA and individual counseling.
In criminal court, she was given a $1250 fine, 6 months probation and 6 months loss of license. Little did we know....that $1250 fine turned out to be about $2200 because you have probation fees, drug & alcohol education course fees, and other fees that kept adding up. She was put on a payment plan of $100 a month. (They take into account your income level for the payment plan). HOWEVER, you can't get released from probation OR get your driver's license back until the fines are paid. So at a rate of $100/month she would have been without a license and on probation for over 2 years. She took out a loan to pay the fees within 6 months to get her license back.
D&A classes were 2.5 hrs 1x a week for 6 weeks. Probation - consisted of 1 x week visit for the first month, then she only had to go 2 x for the remaining 5 months. She was drug tested each time (which also added to the fees) Since she lost her license, each one of these visits cost me a day of work because it was a 4 hour round trip drive to the other county probation office. She was not eligible to have her case moved to our county nor was she eligible for public defender. PD is allowed for felony's not misdemeanors. Because she was unemployed at the time of the arrest she also was not eligible for work permit license. Her attorney fees were about $1500.
It was a nightmare but she survived. That was 4 years ago and she still has a hard time getting a job if the application asks if you were ever arrested. (If it asks were you ever convicted she is ok because she got it expunged but she legally must answer yes to an arrest and they bypass her every time if the app is worded that way).
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Thanks. I'm not sure if I need more than AA right now. It's all like a bad dream. I kept looking at an extension cord earlier and thinking about what I could do with it.
That's not a healthy way to think. I can't do that to my mom and my brother. I know there is no easy way out. Maybe at least trying my first AA meeting will help. Do you just walk in?
I'm just an emotional wreck right now. It's like the world is crashing down around me and I have nowhere to run. I know I'm not the only one who's been here but there's a lot more to it than I care to bellyache about. I'm just so mad at myself. I disappointed my friends and family. Ruined a job opportunity making good money. And for what?
I need to find a meeting.
That's not a healthy way to think. I can't do that to my mom and my brother. I know there is no easy way out. Maybe at least trying my first AA meeting will help. Do you just walk in?
I'm just an emotional wreck right now. It's like the world is crashing down around me and I have nowhere to run. I know I'm not the only one who's been here but there's a lot more to it than I care to bellyache about. I'm just so mad at myself. I disappointed my friends and family. Ruined a job opportunity making good money. And for what?
I need to find a meeting.
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