2nd DUI in California. I feel like my life is over.
Member
Join Date: Jul 2017
Posts: 66
I wouldn't waste money on expensive lawyer unless you really have a defence. By sounds of it is pretty cut and dried and you were caught in the act and they have the evidence. I wasted money fighting a DUI that was less clear cut than yours, shouldn't have bothered. Painful as it is just accept the consequences and move on. Two DUI is not the end of the world, continuing to drink may well be. You got to stop for right reasons if you want sobriety to stick.
Member
Join Date: Mar 2017
Posts: 425
I'm in a different state and have had more than 2 DUIs - in fact 2 of mine were within 3 months of each other. I was given a suspended 90-day sentence, ordered to attend AA and to meet with my probation officer every week. I didn't have an attorney - a couple I checked with were going to charge several thousand dollars. Knowing that I would need money for fines, etc, I rolled the dice. A public defender is another option - tell the judge at your next court appearance that you cannot afford an attorney - he/she will appoint one. Once I completed probation, our state MVA ordered that in order to keep driving, I would have a restricted license and have to use a "Blow and Go" for 18 months.
The biggest burden about the device on my vehicle was the cost, but I completed the 18 months successfully and now have a clean driver's license. This was about 10 years ago, and though it cured me of driving impaired, it didn't get me sober.
My point in writing is that while things seem hopeless now, they aren't, but you will have to put in some work and effort. I can pretty well promise you that if you put in the work and effort, you will dig your way out. Good luck.
The biggest burden about the device on my vehicle was the cost, but I completed the 18 months successfully and now have a clean driver's license. This was about 10 years ago, and though it cured me of driving impaired, it didn't get me sober.
My point in writing is that while things seem hopeless now, they aren't, but you will have to put in some work and effort. I can pretty well promise you that if you put in the work and effort, you will dig your way out. Good luck.
Member
Thread Starter
Join Date: Sep 2017
Posts: 49
Thanks to everyone for words of encouragement and advice. As the days go by my mind and body are becoming more accustomed to my situation, so the anxiety isn't as bad as it was the first few days. I never thought I'd have 2 DUIs, it feels like I'm a criminal even though I know In my heart I'm not. I don't have the money to hire a DUI defense attorney, but when my court date comes around in DEC I might. I'm still debating whether or not to actually hire on as I feel my case is pretty open and shut. But I may change my mind later. I still haven't had a drink, there's been a few times I wanted to but I remembered how much pain it's put me through up to this point and I was able to say no. Anyways, this is going to be a long journey for me. I'm starting to try and think of this as an adventure to make my mind accept it more and my spirit willing to undertake it. I'll get to see more of the community by riding a bike everywhere, I'll get to write about this and use my pain as a source of inspiration in my music and stories (I'm a writer and musician) and when it's all over I'll appreciate the privilege of driving once again and I'll appreciate the strife I had to go through to bring me closer to God and one with sobriety. If I just go back to drinking and acting a fool then all of this pain will have been experienced for nothing. If it makes me a better person, a healthier, more devout and more understanding and loving person, then it will be worth it. I'm determined to make this experience my bottom and to climb out of this hole one step at a time. Regardless of whether or not anyone chooses to follow my progress, I will be chronicling my journey on this website until it comes to an end, it will help me see how far I've come when I get my wings back. I'm still deep in the darkness but I can see the faintest glimmer of light far ahead of me. I know that if I stay devoted to my sobriety and to my higher power that light will grow a little bit each day. And one day, perhaps years from now, I will make it into that light. Love and prayers go out to the alcoholic who still suffers and to the addict who still suffers, through God all things are possible my brothers and sisters. Hold onto your faith like it's the last thing on this Earth, together we can weather this storm.
No Dogma Please
Join Date: Jul 2017
Location: SoCal
Posts: 2,562
Dude, that is such a healthy attitude, for sobriety as well as for life in general. Finding the positives in your situation is fantastic. You can't change the past, but you can affect the future. One day you'll look back on this and think "Wow. I can't believe how freaked out I was over this at the time."
What doesn't kill us makes us stronger. I'm impressed by how far you've come in just a few days.
Keep it up!
What doesn't kill us makes us stronger. I'm impressed by how far you've come in just a few days.
Keep it up!
Administrator
Join Date: Apr 2007
Location: Australia
Posts: 211,445
I'm still deep in the darkness but I can see the faintest glimmer of light far ahead of me. I know that if I stay devoted to my sobriety and to my higher power that light will grow a little bit each day. And one day, perhaps years from now, I will make it into that light.
D
Guest
Join Date: May 2016
Location: Australia
Posts: 1,802
I'm concerned too that you are just praying. Recovery takes more than that. You need AA to prove to the judge that you have stopped. Telling him that won't cut it. Or do some alcohol counseling so you can prove you are sorting out your issues. And please get a lawyer. 26 is too young to throw your life away. At least if you have a lawyer you can look back later in life and know that you did all you could. I've had 2 DUI but that was years ago. I had no lawyer and was slugged hard by the judge. No jailtime just community service and a probation period. Plus court enforced AA. I f I had gotten a lawyer it would have been a much better outcome. Just my experience.
Member
Thread Starter
Join Date: Sep 2017
Posts: 49
Originally Posted by Juicer 
Your life is NOT OVER. Been there myself, in California... Every case is different, but a few things here.
As others have said, get legal representation. Not sure what county you are in, but 2nd definitely will be tougher, prepare yourself mentally for that fact and know you will get through it.
Fortunately I had a good lawyer, but still the penalty was 18 months of a weekly alcohol education program, mandatory AA, a SCRAM device that was attached to my ankle for 6 months, and house arrest for 3 months. By far the worst of it was house arrest, but it allowed me to avoid jail time and keep my job (they're pretty liberal about allowing you out for school/work as long as you follow the rules). My goal was to avoid jail, so weekend jail and DUI court was not an option so I opted for house arrest. But there are several other options that you/lawyer can work with the judge on.
As far as the job situation, a lot of employers do not ask if you have misdemeanors on your application, mostly they ask if you had a felony conviction. And after a few years you can work on getting them expunged off your record. If they ask, be honest, I was forthcoming in my interview and still got a job. It also depends the type of job.
The other concern about driving, well, yes this will be an issue. No matter what the court rules, CA DMV will automatically suspend your license for a year. There will be a DMV hearing, and they rarely reverse, even if you are found not guilty in court. DMV acts on their own and are pretty draconian about it. If you refused to submit to a chemical test its 2 years. Unfortunately there is little wiggle room here. Interlock device on your second is highly likely too, but I got out of that.
Believe me, I know what you are going through.. Lots of guilt and uncertainties to "whats going to happen????".. Hopefully my experience helps give you insight on what to expect, but again several variables come into play.
It's rough but again your life is not over. Best thing is to focus on one thing at a time, keep your school trajectory going, mentally prepare its going to be rough, but you will get through it. Do whatever possible to not get a 3rd, as the penalties in CA escalate substantially. Even though I still drink, my 2nd was a huge wake-up call.
Good luck.
As others have said, get legal representation. Not sure what county you are in, but 2nd definitely will be tougher, prepare yourself mentally for that fact and know you will get through it.
Fortunately I had a good lawyer, but still the penalty was 18 months of a weekly alcohol education program, mandatory AA, a SCRAM device that was attached to my ankle for 6 months, and house arrest for 3 months. By far the worst of it was house arrest, but it allowed me to avoid jail time and keep my job (they're pretty liberal about allowing you out for school/work as long as you follow the rules). My goal was to avoid jail, so weekend jail and DUI court was not an option so I opted for house arrest. But there are several other options that you/lawyer can work with the judge on.
As far as the job situation, a lot of employers do not ask if you have misdemeanors on your application, mostly they ask if you had a felony conviction. And after a few years you can work on getting them expunged off your record. If they ask, be honest, I was forthcoming in my interview and still got a job. It also depends the type of job.
The other concern about driving, well, yes this will be an issue. No matter what the court rules, CA DMV will automatically suspend your license for a year. There will be a DMV hearing, and they rarely reverse, even if you are found not guilty in court. DMV acts on their own and are pretty draconian about it. If you refused to submit to a chemical test its 2 years. Unfortunately there is little wiggle room here. Interlock device on your second is highly likely too, but I got out of that.
Believe me, I know what you are going through.. Lots of guilt and uncertainties to "whats going to happen????".. Hopefully my experience helps give you insight on what to expect, but again several variables come into play.
It's rough but again your life is not over. Best thing is to focus on one thing at a time, keep your school trajectory going, mentally prepare its going to be rough, but you will get through it. Do whatever possible to not get a 3rd, as the penalties in CA escalate substantially. Even though I still drink, my 2nd was a huge wake-up call.
Good luck.
Guest
Join Date: Sep 2017
Location: Bethlehem, PA
Posts: 230
Your life definitely is not over. I did a year in state prison for a felony conviction a while ago and I got through that.. You'll be alright... It may seem like the end of the world now but time helps with these things.
Focus on staying sober and one day this DUI charge will seem like a distant memory.
Focus on staying sober and one day this DUI charge will seem like a distant memory.
Member
Join Date: Oct 2017
Location: Minnesota, USA
Posts: 1,469
Great job! Keep at it!
Work your recovery how you see fit. Some people it's AA while other choose other options. Having a relationship with GOD is amazing, only HE can judge and he sees what you are doing!!!
When I got my DUI, I chose not to get a lawyer, I was so close to a felony level after speaking to the TOP lawyers in MN, I knew there was no hope of a reduction. I took what I was given, I was the one who screwed up and deserved what I got.
At 26 your life is far from over, you'll get over this obstacle, may not be easy but it'll be well worth it.
The best phrase I hear in AA is : "Take what YOU need and leave the rest"
Work your recovery how you see fit. Some people it's AA while other choose other options. Having a relationship with GOD is amazing, only HE can judge and he sees what you are doing!!!
When I got my DUI, I chose not to get a lawyer, I was so close to a felony level after speaking to the TOP lawyers in MN, I knew there was no hope of a reduction. I took what I was given, I was the one who screwed up and deserved what I got.
At 26 your life is far from over, you'll get over this obstacle, may not be easy but it'll be well worth it.
The best phrase I hear in AA is : "Take what YOU need and leave the rest"
Member
Join Date: Oct 2017
Posts: 75
Just wanted to add my 2 here..
I've never had a DUI, I have no Idea why. I've gotten out of a few and got to go home when I was so drunk I could have killed someone, I once even talked a deputy into reducing a DUI to a public intoxication on the way to the station. I've been one lucky SOB when it comes to DUI.
But.. I have been in some trouble that could have been way worse for my life when I was in my early 20s. It involved alcohol but it worse. I was freaked the hell out for about 2 months. When I finally spoke to my father ( it had been over 3 years since we talked due to a fight caused by me being drunk ) his words were exactly the same as some others here. He said get a loan ( he certainly had the financial means to help me but did not ) and hire a damn good attorney and stop bitching about your life, he said you have more time ahead of you than most could ever hope for in a situation like this.
He was right! I kept drinking but got out of the issue to the best point I could, buckled down and moved forward. I've had to explain it a few times over the years, always an embarrassing situation, but I still moved forward.
The same will happen for you too my friend, just get and stay extra focused. Sheer will and a positive attitude will overcome anything this results in. I am certain of that.
Don't give in to self pity ( I almost did and know just how you feel ) it's a real bitch!
I've never had a DUI, I have no Idea why. I've gotten out of a few and got to go home when I was so drunk I could have killed someone, I once even talked a deputy into reducing a DUI to a public intoxication on the way to the station. I've been one lucky SOB when it comes to DUI.
But.. I have been in some trouble that could have been way worse for my life when I was in my early 20s. It involved alcohol but it worse. I was freaked the hell out for about 2 months. When I finally spoke to my father ( it had been over 3 years since we talked due to a fight caused by me being drunk ) his words were exactly the same as some others here. He said get a loan ( he certainly had the financial means to help me but did not ) and hire a damn good attorney and stop bitching about your life, he said you have more time ahead of you than most could ever hope for in a situation like this.
He was right! I kept drinking but got out of the issue to the best point I could, buckled down and moved forward. I've had to explain it a few times over the years, always an embarrassing situation, but I still moved forward.
The same will happen for you too my friend, just get and stay extra focused. Sheer will and a positive attitude will overcome anything this results in. I am certain of that.
Don't give in to self pity ( I almost did and know just how you feel ) it's a real bitch!
Member
Join Date: May 2017
Location: Texas
Posts: 521
Get a Lawyer, and also look at yourself. Life is only over if you choose it to be over. I received my 3rd dwi this past may, I have to add my first 2 were around 34 years ago but they never go away. I was looking at felony DWI with up to ten years in prison. I haven't had a drink in 160 days. I did it with the support of my family and my SR family. They are here for you, whether your down in the dumps or you feel great (it is a roller coaster ride) Keep posting. As for my case, my lawyer got it dropped to misdemeanor DWI, 2 years probation, mandatory 3 AA meetings a week, loss of license for 2 year (I can get a occupational license) Interlock device on my car, victim impact , 80 hours community service, $1500 fine, along with $125. a month for interlock and P.O. I also had to get a separate auto insurance policy so my wifes rates didn't go up. The bill boards that say how many $$$$$ a DWI is going to cost is true.
I am very thankful for what I received, it could have been so much worse. When I say worse, I'm talking about not hurting (or worse) anyone when I got my DWI.
I've had way to many second chances , I'm taking this one seriously.
I am very thankful for what I received, it could have been so much worse. When I say worse, I'm talking about not hurting (or worse) anyone when I got my DWI.
I've had way to many second chances , I'm taking this one seriously.
Member
Join Date: Aug 2012
Posts: 50
Hope all is going well..
Little bit more experience/advice, a judge can give up to 1 yr in jail, but that never happens. It's really at the whim of the judge, what your BAC was (said it was high?), and any other extenuating circumstances (were you combative, resist, have passengers, etc.). Likely with the overcrowding situation in S.Cal 2-3 weeks. Perhaps less.
When you appear, ask the judge that you want to be assigned a public defender and that you wish to enter for a continuance. This will give you another 30-45 days to work out the details of your case with the public defender.
During this time, what can you do?
- Start going to AA meetings now, bring court cards so they can sign it as proof of attendence. Get these from the public defender. Some judges view this as you being series about not re-offending.
- Get some of your school paper work in order, schedules, grades, what your courses are etc. If you are doing well in school, judges have a tendency to be more lenient.
- Volunteer (if you have time) - I did this, not only was it rewarding personally, but it was viewed favorably the judge. I did a local homeless shelter.
I understand the reluctance in retaining a lawyer, and if you feel you can do a bit of time in county, then you'll save a lot of money. Use the time before you appear for sentencing positively, and show proof of the actions you've taken. Judges hear lip service all day, they want evidence.
Good luck and keep us updated.
Little bit more experience/advice, a judge can give up to 1 yr in jail, but that never happens. It's really at the whim of the judge, what your BAC was (said it was high?), and any other extenuating circumstances (were you combative, resist, have passengers, etc.). Likely with the overcrowding situation in S.Cal 2-3 weeks. Perhaps less.
When you appear, ask the judge that you want to be assigned a public defender and that you wish to enter for a continuance. This will give you another 30-45 days to work out the details of your case with the public defender.
During this time, what can you do?
- Start going to AA meetings now, bring court cards so they can sign it as proof of attendence. Get these from the public defender. Some judges view this as you being series about not re-offending.
- Get some of your school paper work in order, schedules, grades, what your courses are etc. If you are doing well in school, judges have a tendency to be more lenient.
- Volunteer (if you have time) - I did this, not only was it rewarding personally, but it was viewed favorably the judge. I did a local homeless shelter.
I understand the reluctance in retaining a lawyer, and if you feel you can do a bit of time in county, then you'll save a lot of money. Use the time before you appear for sentencing positively, and show proof of the actions you've taken. Judges hear lip service all day, they want evidence.
Good luck and keep us updated.
Member
Join Date: Jan 2014
Posts: 8,637
Originally Posted by Juicer
Hope all is going well..
Little bit more experience/advice, a judge can give up to 1 yr in jail, but that never happens. It's really at the whim of the judge, what your BAC was (said it was high?), and any other extenuating circumstances (were you combative, resist, have passengers, etc.). Likely with the overcrowding situation in S.Cal 2-3 weeks. Perhaps less.
When you appear, ask the judge that you want to be assigned a public defender and that you wish to enter for a continuance. This will give you another 30-45 days to work out the details of your case with the public defender.
During this time, what can you do?
- Start going to AA meetings now, bring court cards so they can sign it as proof of attendence. Get these from the public defender. Some judges view this as you being series about not re-offending.
- Get some of your school paper work in order, schedules, grades, what your courses are etc. If you are doing well in school, judges have a tendency to be more lenient.
- Volunteer (if you have time) - I did this, not only was it rewarding personally, but it was viewed favorably the judge. I did a local homeless shelter.
I understand the reluctance in retaining a lawyer, and if you feel you can do a bit of time in county, then you'll save a lot of money. Use the time before you appear for sentencing positively, and show proof of the actions you've taken. Judges hear lip service all day, they want evidence.
Good luck and keep us updated.
Little bit more experience/advice, a judge can give up to 1 yr in jail, but that never happens. It's really at the whim of the judge, what your BAC was (said it was high?), and any other extenuating circumstances (were you combative, resist, have passengers, etc.). Likely with the overcrowding situation in S.Cal 2-3 weeks. Perhaps less.
When you appear, ask the judge that you want to be assigned a public defender and that you wish to enter for a continuance. This will give you another 30-45 days to work out the details of your case with the public defender.
During this time, what can you do?
- Start going to AA meetings now, bring court cards so they can sign it as proof of attendence. Get these from the public defender. Some judges view this as you being series about not re-offending.
- Get some of your school paper work in order, schedules, grades, what your courses are etc. If you are doing well in school, judges have a tendency to be more lenient.
- Volunteer (if you have time) - I did this, not only was it rewarding personally, but it was viewed favorably the judge. I did a local homeless shelter.
I understand the reluctance in retaining a lawyer, and if you feel you can do a bit of time in county, then you'll save a lot of money. Use the time before you appear for sentencing positively, and show proof of the actions you've taken. Judges hear lip service all day, they want evidence.
Good luck and keep us updated.
Join Date: Sep 2016
Posts: 847
Whatsdoneisdone,
Firstly, if you cannot afford an attorney, I recommend applying for a public defender as soon as possible. You cannot wait for a public defender, or expect to obtain one at the last minute the day of the trial. Additionally, you will want any attorney, including a PD, to have some time to review your case. Never represent yourself.
Secondly, do not discuss or reveal any more personal details about your case on public forums which could link you to this charge. You have already disclosed too much, in my opinion, such as the exact date of the arrest, the county, your age, and the time since your last conviction. It is unlikely that the state will find this thread, but you never know.
You are always innocent until proven guilty in the United States.
I would also recommend some long term planning and preparation to mitigate sentencing and ensure that this does not happen ever again. Most attorneys will recommend signing up for classes ahead of time, if possible, for example. If you are convicted, you will have to do them anyway, and it will look better if you start them on your own.
Firstly, if you cannot afford an attorney, I recommend applying for a public defender as soon as possible. You cannot wait for a public defender, or expect to obtain one at the last minute the day of the trial. Additionally, you will want any attorney, including a PD, to have some time to review your case. Never represent yourself.
Secondly, do not discuss or reveal any more personal details about your case on public forums which could link you to this charge. You have already disclosed too much, in my opinion, such as the exact date of the arrest, the county, your age, and the time since your last conviction. It is unlikely that the state will find this thread, but you never know.
You are always innocent until proven guilty in the United States.
I would also recommend some long term planning and preparation to mitigate sentencing and ensure that this does not happen ever again. Most attorneys will recommend signing up for classes ahead of time, if possible, for example. If you are convicted, you will have to do them anyway, and it will look better if you start them on your own.
Member
Join Date: Dec 2014
Posts: 295
Besides attending AA meetings, my public defender also recommended getting the ignition interlock installed in my car early (I was going to be forced to anyway) so I did that three months before trial. This was a great idea because it proved I hadn't been drinking and driving recently, and that I was serious about it.
You should be able to call more than one attorney and talk for free for a while.
Thanks for your last long post. It was very uplifting
.
You should be able to call more than one attorney and talk for free for a while.
Thanks for your last long post. It was very uplifting
.
Member
Thread Starter
Join Date: Sep 2017
Posts: 49
Well time is moving along fast at times and slow at other times...
I haven't been drinking. I got a job at El Super. I'm still going to school. Will be hiring a lawyer sometime this month.
It's hard to feel as depressed as I did before about this, I'm getting used to my situation. I don't know if that's a good thing or a bad thing. I don't feel like I should be relaxing. I'm so damn hard on myself but I can't help it. This whole thing has turned my whole life upside down. I convince myself that nothing matters anyway and we're all gonna die no matter what anyway when my feelings start to overwhelm me. Sometimes I pray that I don't wake up when I'm laying down to go to sleep at night. I'm still just as depressed and anxious as before...only now it's becoming familiar and normal...
Anyway, I didn't come on here to beg for sympathy or anything. Just to write. Some good things have happened since that night and I thank God for that. I continue to do what I can.
I haven't been drinking. I got a job at El Super. I'm still going to school. Will be hiring a lawyer sometime this month.
It's hard to feel as depressed as I did before about this, I'm getting used to my situation. I don't know if that's a good thing or a bad thing. I don't feel like I should be relaxing. I'm so damn hard on myself but I can't help it. This whole thing has turned my whole life upside down. I convince myself that nothing matters anyway and we're all gonna die no matter what anyway when my feelings start to overwhelm me. Sometimes I pray that I don't wake up when I'm laying down to go to sleep at night. I'm still just as depressed and anxious as before...only now it's becoming familiar and normal...
Anyway, I didn't come on here to beg for sympathy or anything. Just to write. Some good things have happened since that night and I thank God for that. I continue to do what I can.
Administrator
Join Date: Aug 2003
Location: Dancing in the Light
Posts: 61,514
I'm glad that you're feeling a bit better, though I understand it's hard to be positive. I think that speaking to a lawyer may help you to believe that you will get through this and be okay. I suspect you are imagining the worst right now.
It's going to be important to forgive yourself, at least to start the process of forgiving yourself. And, that doesn't mean writing off what happened. It simply means that you begin to put down the burden that you are carrying on your shoulders right now.
It's going to be important to forgive yourself, at least to start the process of forgiving yourself. And, that doesn't mean writing off what happened. It simply means that you begin to put down the burden that you are carrying on your shoulders right now.
Administrator
Join Date: Apr 2007
Location: Australia
Posts: 211,445
yeah it's tough having something like that hanging over your head, but it is a finite thing and one day it will be behind you, whatsdoneisdone
.
Don't lose heart.
If you're consistently feeling low, maybe your Dr can help, if only as someone to talk to?
D
.
Don't lose heart.
If you're consistently feeling low, maybe your Dr can help, if only as someone to talk to?
D
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