In need of support--1st time DUI
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Join Date: Jun 2013
Location: Maine
Posts: 3,649
Originally Posted by OfEpiphany 
just plead guilty, accept the fine the judge tosses at you, accept a free public defender. Getting a DUI Lawyer will be a waste of money, the numbers cannot be refuted, that is what the judge is going to look at.
You won't get it dismissed, you blew over the limit, simple as that, if you plead not-guilty, then chances are is that the judge will make things much harder for you.
tl;dr - forego DUI lawyer, just use public defender, plead guilty -
You won't get it dismissed, you blew over the limit, simple as that, if you plead not-guilty, then chances are is that the judge will make things much harder for you.
tl;dr - forego DUI lawyer, just use public defender, plead guilty -
Funkygrapefruit, your lawyer will be able to give you the best advice. Whatever you can do proactively before court will help. You are not alone, many of us on here have been through this. For many of this it was the defining moment needed to finally break free from denying our problem with alcohol. Trust me, it never gets better.
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Join Date: Oct 2016
Location: CA
Posts: 967
Originally Posted by OfEpiphany
just plead guilty, accept the fine the judge tosses at you, accept a free public defender. Getting a DUI Lawyer will be a waste of money, the numbers cannot be refuted, that is what the judge is going to look at.
You won't get it dismissed, you blew over the limit, simple as that, if you plead not-guilty, then chances are is that the judge will make things much harder for you.
tl;dr - forego DUI lawyer, just use public defender, plead guilty -
You won't get it dismissed, you blew over the limit, simple as that, if you plead not-guilty, then chances are is that the judge will make things much harder for you.
tl;dr - forego DUI lawyer, just use public defender, plead guilty -
My husband got offered a pretrial diversion for disorderly conduct with alcohol and resisting arrest, and he had some previous arrests involving a wet reckless and possessing drug paraphernalia. He completed his probation of 2 years of staying out of trouble, went to AA, paid a fine, and did community service and the charges were eventually dismissed.
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Join Date: Jun 2013
Location: Maine
Posts: 3,649
Yes, the above, more reason. A public defender is not going to go out of their way to do anything for you. They will simply go through the motions,
It sounds like you already have a lawyer. Discuss with him your hopes for the outcome. So, this is where I tell you that I mentioned 14 years ago I ended up with a driving to endanger charge. I'm not going to get long winded here but suffice it to say I was stupid earlier this year and some pretty freakish things happened. The sobriety Gods were yelling at me and I finally listened. Not before I had caused something that now I must pay for. You say you sing for the church and you do volunteer and that's going to be helpful. Whatever you can do to prove that you are truly remorseful for what happened is going to help. The more the better. At the top of that list is a commitment to sobriety.
It sounds like you already have a lawyer. Discuss with him your hopes for the outcome. So, this is where I tell you that I mentioned 14 years ago I ended up with a driving to endanger charge. I'm not going to get long winded here but suffice it to say I was stupid earlier this year and some pretty freakish things happened. The sobriety Gods were yelling at me and I finally listened. Not before I had caused something that now I must pay for. You say you sing for the church and you do volunteer and that's going to be helpful. Whatever you can do to prove that you are truly remorseful for what happened is going to help. The more the better. At the top of that list is a commitment to sobriety.
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Join Date: Jun 2014
Posts: 1,869
Hello:
Many people sing at church and do community service but that doesn't exempt them of the responsibility that comes with their actions.
Consult your layer and be informed but stop trying to wiggle your way out of your responsibilities. Face it head on and tackle it and learn from this.
What are you planning on doing to help you quit?
You say you are done but, what is your plan?
Many people sing at church and do community service but that doesn't exempt them of the responsibility that comes with their actions.
Consult your layer and be informed but stop trying to wiggle your way out of your responsibilities. Face it head on and tackle it and learn from this.
What are you planning on doing to help you quit?
You say you are done but, what is your plan?
Giving up is NOT an option.
Join Date: Jan 2015
Location: Western Wisconsin
Posts: 7,809
I just want to reiterate that every state is different. I was not offered diversion until my third DUI here in Wisconsin. In fact, I wasn't offered it at all - but I hired a lawyer and he told me about it and said I'd be a good candidate for it. And it does not mean my charges will ever be dropped or reduced - just that I had to spend less time in jail. Just talk to your lawyer. He/she will help you through the process and be realistic about what to expect. I knew I would not wiggle out of any of my DUI's, but on the third one I hired the lawyer because I was actually facing jail time and wanted the support of someone who knew the system. TRULY - it's different everywhere, every judge is different - no one here can tell you with any certainty what to expect.
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Thread Starter
Join Date: Nov 2016
Posts: 8
Thank you for the kind words everyone. I was not asking for any legal advice--I have an attorney. I am here for emotional support.
Of course I'm remorseful and aware of the consequences. I picked up a white chip in AA two days after my DUI and also hooked up with a counselor at school to discuss my anxiety and issues with alcohol.
I'm glad to see that the majority of the people here are supportive. I am feeling pretty vulnerable right now and looking for positive support and fellowship. I'm going to keep going to meetings and learn as much as I can.
Of course I'm remorseful and aware of the consequences. I picked up a white chip in AA two days after my DUI and also hooked up with a counselor at school to discuss my anxiety and issues with alcohol.
I'm glad to see that the majority of the people here are supportive. I am feeling pretty vulnerable right now and looking for positive support and fellowship. I'm going to keep going to meetings and learn as much as I can.
Giving up is NOT an option.
Join Date: Jan 2015
Location: Western Wisconsin
Posts: 7,809
You are on the right track, FunkyG. Keep working AA and do whatever you can to make sure nothing like this ever happens again! I sure wish I had learned my lesson after my first DUI. I drank for another 15 years and did myself absolutely no favors.
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Thread Starter
Join Date: Nov 2016
Posts: 8
Originally Posted by MLD51
You are on the right track, FunkyG. Keep working AA and do whatever you can to make sure nothing like this ever happens again! I sure wish I had learned my lesson after my first DUI. I drank for another 15 years and did myself absolutely no favors.
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Join Date: Apr 2016
Posts: 981
Originally Posted by Funkygrapefruit
The thing I keep trying to keep in mind, a week out, is that I will feel better and hopefully in the future I will be even ore grateful for this abrupt end to my drinking career. I sure wish the hit on the head were a lot less painful, though!
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Join Date: Nov 2016
Posts: 8
Originally Posted by Behappy1
I had to take the SAME beating. I know that without my DUI, I would still be drinking though. My world was changed from it. It was almost 8 months before my court date from that night. It was awful, but it was a needed wake up call.
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Join Date: Sep 2009
Posts: 709
Originally Posted by Algorithm
What they decide will very much influence the judge, because the judge is not trained in addiction treatment. They will take their findings into consideration, and may defer to their recommendations. You may also be mandated by to attend classes by the motor vehicle department in your state, which is just as tricky.
It's not about being smarter, though, it's about knowing what they look for. Most people simply don't know what they look for. For example, they will certainly ask you about your family, and about previous exposure to AA. It may seem that disclosing that you have three family members with good, long term AA sobriety, and that you had already attended a couple dozen AA meetings is wise, but it is not.
The counselors will conclude that you have inherited alcoholism from your family, and even worse, that you were already well aware of the dangers of alcoholism from your previous exposure to AA, but chose to drink and drive anyway. In other words, that you are definitely an out-of-control alcoholic, in deep denial, and in need of massive doses of treatment and supervision.
It's not about being smarter, though, it's about knowing what they look for. Most people simply don't know what they look for. For example, they will certainly ask you about your family, and about previous exposure to AA. It may seem that disclosing that you have three family members with good, long term AA sobriety, and that you had already attended a couple dozen AA meetings is wise, but it is not.
The counselors will conclude that you have inherited alcoholism from your family, and even worse, that you were already well aware of the dangers of alcoholism from your previous exposure to AA, but chose to drink and drive anyway. In other words, that you are definitely an out-of-control alcoholic, in deep denial, and in need of massive doses of treatment and supervision.
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Join Date: Oct 2012
Posts: 5,937
Originally Posted by Funkygrapefruit
The thing I keep trying to keep in mind, a week out, is that I will feel better and hopefully in the future I will be even ore grateful for this abrupt end to my drinking career. I sure wish the hit on the head were a lot less painful, though!
Work sobriety like your life depends on it because it does. Work with your lawyer and hopefully you'll get off a bit easier. But no matter what happens you have a chance to save more than your license or career- you can save your life.
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Join Date: Oct 2016
Location: CA
Posts: 967
So my husband and I went to the movies and dinner tonight. Remember how I thought that $150 breathalyzer was now a waste of money since I no longer drink? Well, I had my husband blow into it before driving his new 2016 truck, and he blew a .13, and so obviously I drove. Gosh he is lucky to have me as his wife! I just wish his family would appreciate me more in their actions, but that is obviously out of my control.
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Join Date: Nov 2016
Posts: 16
Thanks for your Story
Hi Funkygrapefruit. Thank you for sharing your story.
Be careful about accepting legal advice on this forum from non-lawyers.
I am not a lawyer; however, as a recently convicted drunk driver, I would suggest that you discuss your case with a lawyer before deciding whether to plead guilty.
If you have a fair bit of money, it may well be worth taking your case to court. If not, then you probably should try to fight it with the assistance of a public defender (if you qualify for such assistance), or if not -- then just plead guilty and hope for the best.
Where I live -- Canada -- the penalties are so severe for DUI that one should definitely fight the charges if doing so is financially possible. However, I know that in SOME American states the penalties are not as severe and retaining an expensive lawyer may not always be the best solution.
Anyway, I had a good case, hired a top-notch lawyer and still lost in court (my lawyer later admitted I stood absolutely no chance with the judge that was selected for my case).
I wish you the best and would be interested in hearing of others' DUI court experiences.
Be careful about accepting legal advice on this forum from non-lawyers.
I am not a lawyer; however, as a recently convicted drunk driver, I would suggest that you discuss your case with a lawyer before deciding whether to plead guilty.
If you have a fair bit of money, it may well be worth taking your case to court. If not, then you probably should try to fight it with the assistance of a public defender (if you qualify for such assistance), or if not -- then just plead guilty and hope for the best.
Where I live -- Canada -- the penalties are so severe for DUI that one should definitely fight the charges if doing so is financially possible. However, I know that in SOME American states the penalties are not as severe and retaining an expensive lawyer may not always be the best solution.
Anyway, I had a good case, hired a top-notch lawyer and still lost in court (my lawyer later admitted I stood absolutely no chance with the judge that was selected for my case).
I wish you the best and would be interested in hearing of others' DUI court experiences.
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Join Date: Jan 2014
Location: Nevada
Posts: 523
It is very true that it is different every single state you're in. I've gotten arrested for 3 DUIs and another felony charge within a year and half and all of them alcohol related. I never went to jail. Yes it costs me a lot of money with my lawyer that I used for each case and fines, classes, community service etc, but it kept me out of jail. Hire a lawyer and they'll get you the best deal possible or might even find a loophole to get it thrown out. Just remember this incident and what you're facing. It took multiple times for me to get it, and it almost costs me everything I love in my life.
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Join Date: Nov 2015
Location: virginia
Posts: 116
try to find the positive. Does this motivate you to address your drinking head on? No one was injured or killed. There may be repercussions for you, you don't know yet and not knowing what you do it is hard to say. search your heart, listen to your attorney (and I agree, this isn't the place to get legal advice). This is a chance to choose what you will do from now forward. recognize that you might not be as lucky next time.
Years ago I had to take a state class and get a certificate to work in a nightclub. The state required it for anyone working in an establishment that sold alcohol. I remember they told us 30% would be involved in an alcohol related traffic accident in their life. That stuck me as I was still in a cervical collar following being rear ended by a woman who was .24. she hit me at a red light, totaled my car and sent me and my passenger to the ER. She was not injured, but did go to jail that night. in a slightly ironic twist, here I am, an alcoholic.
the intent of sharing is to remind you that you are lucky to be ok. You might damage your finances, your career...but you don't have to live knowing you hurt someone. now you get to choose your path forward. Good luck and keep coming back.
Years ago I had to take a state class and get a certificate to work in a nightclub. The state required it for anyone working in an establishment that sold alcohol. I remember they told us 30% would be involved in an alcohol related traffic accident in their life. That stuck me as I was still in a cervical collar following being rear ended by a woman who was .24. she hit me at a red light, totaled my car and sent me and my passenger to the ER. She was not injured, but did go to jail that night. in a slightly ironic twist, here I am, an alcoholic.
the intent of sharing is to remind you that you are lucky to be ok. You might damage your finances, your career...but you don't have to live knowing you hurt someone. now you get to choose your path forward. Good luck and keep coming back.
Giving up is NOT an option.
Join Date: Jan 2015
Location: Western Wisconsin
Posts: 7,809
^^^ What Raeven said. I consider myself lucky I had that 3rd DUI. I might not have quit when I did without it, and I could have hurt or killed someone else driving drunk again. When I first heard the phrase "grateful alcoholic" in AA, I didn't quite get it. But now I do. I have changed my life and myself for the better in so many ways in the past 2 years. I might never have gotten the chance to be as happy as I am now if I had not been basically forced to quit drinking, go to treatment, work the steps, and turn my life around.
Join Date: Sep 2016
Posts: 847
Originally Posted by Funkygrapefruit
I picked up a white chip in AA two days after my DUI and also hooked up with a counselor at school to discuss my anxiety and issues with alcohol.
People have gotten hauled in front of school disciplinary boards for DUI convictions, or even deferred sentences (probation). Never incriminate yourself, unless you want to risk getting kicked out.
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