3rd OWI Update
Member
Thread Starter
Join Date: Feb 2018
Posts: 674
3rd OWI Update
Hello SR. I received some news today - my next court date for my 3rd OWI offense. The Big Book says you can't scare an alcoholic sober, and I believe that - hell, I'm a walking (grateful to be able to walk) example of it. But I figured I'd share a bit of info on my situation - hopefully for those that it may scare enough (doubtful), or maybe for those who are as desperate as I was 75 ish days ago to get my hands on any type of experience with it. Or maybe it's just for me. Or maybe all of the above.
Popcorn. I'm gonna break it down based on what I know right now.
My next court appearance is June 14th. It's called a "calendar call." Basically the procedure is the judge gets the prosecutor (DA) and my attorney together and says "are you ready to set a date for trial?" (I entered a plea of not guilty under the advice of my attorney at my initial court date March 22nd.)
If the attorneys are ready, court rules in my county dictate that the trial would be set within 10 days. (I'm not going to trial ... 99%)
In this case, my attorney is going to submit a motion that we will do something called a "collatoral attack" on my first DUI - 22 years ago. Basically, he's going to request 60-90 days to do the following:
1.) Delay. He wants me to enjoy my summer.
2.) Search for court transcripts from my first DUI 22 years ago in another state. Basically, there's a loophole that if I was not informed during my court date of my right to attorney (not uncommon that long ago I guess) then it can not be recognized as an offense under current law. My charge would get dropped to a 2nd. Which still isn't pleasant, but is far far less severe than a 3rd.
Trick is, and I've already checked, there may be no court records - or at the very least they may be very hard to obtain. It is possible - if my memory was clear - that we could submit an affidavit where I claim that I remember with certainty that I was NOT informed of my right to an attorney. Issue is that such a self serving affidavit would likely require substantiating proof - I'd likely have to provide a witness. The TLDR is that I doubt we go down that path.
Best case for me - legally speaking - is that he finds the transcripts and it's documented and clear in them that I was not informed of my right to an attorney. It's a long shot. But it buys time and could be a very fortunate turn of events.
Quick interlude - I take what I did seriously. I own it. I'm preparing for the (likely) stiffest penalties that I'll describe below. That said, I'll fight for any advantage I can get within the law. (Thank God) I didn't hurt anyone and I'm not charged with that. I don't take that lightly either.
Ok. So... what this all means is that the greatest probability is that in roughly 60-90 days from June 14th I'll get convicted of a 3rd OWI. There are aggravating factors that will influence the severity of the sentence. My BAC level and the fact that I hit a telephone pole. There are a couple of mitigating factors - but I'm not preparing as though they will outweigh the aggravating. (Sentencing guidelines fall in three categories: Mitigating, Intermediate, and Aggravated. Aggravated being the most severe.)
So, yea. If I get hit hard from the aggravated 3rd OWI column:
1. 8-9 months of jail. Up to a year. Work release guaranteed after the first 48 hours. What's not clear to me is how much of that time I'll actually spend IN county. It's possible it'll be something like 90 days with 6 months probation. It's possible it'll be 9 months and after like 90 days I get release to house arrest (ankle bracelet.) It's possible I'll be in work release 9 ish months. I just don't know, so I'm preparing as though I'll be sitting in work release for 9 months.
2. Upwards of $12k in fines - not including fees for required Driver Safety Assessment ($390), cost of IID (Ignition Interlock Device, which I'll get to in a moment), cost of work release (think pay rent for the privilege to get out and work 12 hours a day.) and likely some other miscellaneous stuff. By the time this is all done - including attorney it'll have cost me $20,000.
3. Driver Safety Plan. Likely a combination of Outpatient Treatment and Driver Education courses. Also required to sit in person at a presentation of families impacted by Drunk Drivers. Will be a 1 year process.
4. IID for 2 years. Ignition Interlock Device. I'll have to blow into a tube that reads my BAC in order for my car to run. Cost to install $200. Cost to maintain $75/ month.
5. Mandatory 45 day wait period from the time of my conviction to my eligibility to apply for an occupational license. Very much the driving factor in my urgency to move closer to work and sell my house. Not to mention the money, but this is the biggie in terms of my ability to hang on to my job.
6. 3 year occupational license. Restricted window to drive 12 hours in a day, 60 hours in a week. To be honest, not terrible. It's flexible enough that I am able to do things like errands, groceries, etc.. That said, I'll have to pay attention - getting pulled over outside of hours or for improper use brings some very nasty consequences.
I think that's most of it. Some little details about the supervised driver safety plan - I'll be drug tested via urine and fingernail clippings 3-4 times throughout the year. 100% sobriety is required. Each test will cost $135.00.
That's my life right now. What amazes me is that theoretically I should be more insecure and more anxiety ridden than ever. But for some crazy reason (sober?) I'm as secure and anxiety free as I've been. Damn grateful it isn't worse (I didn't hurt anyone!!). I needed the wake up call badly. None of it is permanent.
In other news. I worked like mad on my house the other day. Boy can I create a mountain out of a molehill. It's not that bad. Another full day and I'll pretty much have it to a point I can hand the keys to a realtor and go on cruise control. Maybe a day and a half. Frankly, getting through and past that is the most daunting thing to me. After that it's going to be dealing with the heart pounding reality of going to jail and managing the initial shock to the system of all that.
Once that is done - somewhere around 12 months or less from now - my ability to resume and grow into my new sober life will really have the ability to flourish. For now - appropriately - the restrictive nature of what I'm dealing with - what I created for myself - affords me the opportunity to simplify, get some serious sober days stacked up, save some money, and prepare.
Thanks for letting me share this. Stay tuned.
-B
Popcorn. I'm gonna break it down based on what I know right now.
My next court appearance is June 14th. It's called a "calendar call." Basically the procedure is the judge gets the prosecutor (DA) and my attorney together and says "are you ready to set a date for trial?" (I entered a plea of not guilty under the advice of my attorney at my initial court date March 22nd.)
If the attorneys are ready, court rules in my county dictate that the trial would be set within 10 days. (I'm not going to trial ... 99%)
In this case, my attorney is going to submit a motion that we will do something called a "collatoral attack" on my first DUI - 22 years ago. Basically, he's going to request 60-90 days to do the following:
1.) Delay. He wants me to enjoy my summer.
2.) Search for court transcripts from my first DUI 22 years ago in another state. Basically, there's a loophole that if I was not informed during my court date of my right to attorney (not uncommon that long ago I guess) then it can not be recognized as an offense under current law. My charge would get dropped to a 2nd. Which still isn't pleasant, but is far far less severe than a 3rd.
Trick is, and I've already checked, there may be no court records - or at the very least they may be very hard to obtain. It is possible - if my memory was clear - that we could submit an affidavit where I claim that I remember with certainty that I was NOT informed of my right to an attorney. Issue is that such a self serving affidavit would likely require substantiating proof - I'd likely have to provide a witness. The TLDR is that I doubt we go down that path.
Best case for me - legally speaking - is that he finds the transcripts and it's documented and clear in them that I was not informed of my right to an attorney. It's a long shot. But it buys time and could be a very fortunate turn of events.
Quick interlude - I take what I did seriously. I own it. I'm preparing for the (likely) stiffest penalties that I'll describe below. That said, I'll fight for any advantage I can get within the law. (Thank God) I didn't hurt anyone and I'm not charged with that. I don't take that lightly either.
Ok. So... what this all means is that the greatest probability is that in roughly 60-90 days from June 14th I'll get convicted of a 3rd OWI. There are aggravating factors that will influence the severity of the sentence. My BAC level and the fact that I hit a telephone pole. There are a couple of mitigating factors - but I'm not preparing as though they will outweigh the aggravating. (Sentencing guidelines fall in three categories: Mitigating, Intermediate, and Aggravated. Aggravated being the most severe.)
So, yea. If I get hit hard from the aggravated 3rd OWI column:
1. 8-9 months of jail. Up to a year. Work release guaranteed after the first 48 hours. What's not clear to me is how much of that time I'll actually spend IN county. It's possible it'll be something like 90 days with 6 months probation. It's possible it'll be 9 months and after like 90 days I get release to house arrest (ankle bracelet.) It's possible I'll be in work release 9 ish months. I just don't know, so I'm preparing as though I'll be sitting in work release for 9 months.
2. Upwards of $12k in fines - not including fees for required Driver Safety Assessment ($390), cost of IID (Ignition Interlock Device, which I'll get to in a moment), cost of work release (think pay rent for the privilege to get out and work 12 hours a day.) and likely some other miscellaneous stuff. By the time this is all done - including attorney it'll have cost me $20,000.
3. Driver Safety Plan. Likely a combination of Outpatient Treatment and Driver Education courses. Also required to sit in person at a presentation of families impacted by Drunk Drivers. Will be a 1 year process.
4. IID for 2 years. Ignition Interlock Device. I'll have to blow into a tube that reads my BAC in order for my car to run. Cost to install $200. Cost to maintain $75/ month.
5. Mandatory 45 day wait period from the time of my conviction to my eligibility to apply for an occupational license. Very much the driving factor in my urgency to move closer to work and sell my house. Not to mention the money, but this is the biggie in terms of my ability to hang on to my job.
6. 3 year occupational license. Restricted window to drive 12 hours in a day, 60 hours in a week. To be honest, not terrible. It's flexible enough that I am able to do things like errands, groceries, etc.. That said, I'll have to pay attention - getting pulled over outside of hours or for improper use brings some very nasty consequences.
I think that's most of it. Some little details about the supervised driver safety plan - I'll be drug tested via urine and fingernail clippings 3-4 times throughout the year. 100% sobriety is required. Each test will cost $135.00.
That's my life right now. What amazes me is that theoretically I should be more insecure and more anxiety ridden than ever. But for some crazy reason (sober?) I'm as secure and anxiety free as I've been. Damn grateful it isn't worse (I didn't hurt anyone!!). I needed the wake up call badly. None of it is permanent.
In other news. I worked like mad on my house the other day. Boy can I create a mountain out of a molehill. It's not that bad. Another full day and I'll pretty much have it to a point I can hand the keys to a realtor and go on cruise control. Maybe a day and a half. Frankly, getting through and past that is the most daunting thing to me. After that it's going to be dealing with the heart pounding reality of going to jail and managing the initial shock to the system of all that.
Once that is done - somewhere around 12 months or less from now - my ability to resume and grow into my new sober life will really have the ability to flourish. For now - appropriately - the restrictive nature of what I'm dealing with - what I created for myself - affords me the opportunity to simplify, get some serious sober days stacked up, save some money, and prepare.
Thanks for letting me share this. Stay tuned.
-B
Member
Join Date: May 2018
Posts: 9
Wow
Great attitude.
If you don’t mind me asking what happened during your second dui?
I’m currently facing a second dui whilst being on probation for my 1st. I was simply pulled over cause he said my tail lights were out. Which was a lie.
If you don’t mind me asking what happened during your second dui?
I’m currently facing a second dui whilst being on probation for my 1st. I was simply pulled over cause he said my tail lights were out. Which was a lie.
Member
Join Date: Jun 2013
Location: Big City
Posts: 3,895
Holy smokes Buck, that's the ****** attitude to have. And there is zero change you would be here, with that kind of mental clarity and toughness, if you were still a drunk.
I'm really impressed man. I am an attorney, former prosecutor, and I think your understanding of the situation is as spot on as it could be. Also, from a philosophical standpoint - man are you owning it. Good for you. These are our lives after all.
I just think that you stand as a testament to what it means to deal with life sober and how it can be dealt with. You are confronting some major s--t, some , of course, of your own doing. But rather than beat yourself up and retreat to a place of self-pity where picking up the bottle becomes the solution, you are staying sober, and confronting the tasks at hand.
That will be my motto for the day and week, going forward, thanks to you - the task at hand.
Rather than swirl in the muck of the could-have-beens, shouldn't-have-dones etc, I will put my head on right and deal with the task at hand.
Thanks brother. Stay strong and keep us updated.
I'm really impressed man. I am an attorney, former prosecutor, and I think your understanding of the situation is as spot on as it could be. Also, from a philosophical standpoint - man are you owning it. Good for you. These are our lives after all.
I just think that you stand as a testament to what it means to deal with life sober and how it can be dealt with. You are confronting some major s--t, some , of course, of your own doing. But rather than beat yourself up and retreat to a place of self-pity where picking up the bottle becomes the solution, you are staying sober, and confronting the tasks at hand.
That will be my motto for the day and week, going forward, thanks to you - the task at hand.
Rather than swirl in the muck of the could-have-beens, shouldn't-have-dones etc, I will put my head on right and deal with the task at hand.
Thanks brother. Stay strong and keep us updated.
Last edited by Dee74; 05-10-2018 at 06:18 AM.
Member
Thread Starter
Join Date: Feb 2018
Posts: 674
Originally Posted by lessgravity 
That will be my motto for the day and week, going forward, thanks to you - the task at hand.
This particular piece Less... it's really what I've learned, and what is driving my growing confidence. But I need to be clear that despite how it reads I struggle with it daily.
I still have my periods when I get overwhelmed by things because I'm in my head. Idle time is not friendly to me right now.
As I get things off the list it gets easier.
But here's an example just today - there's a few things to coordinate still on getting my house to a point where it's in the hands of a realtor. Mind you - the clock now ticking vs. how fast they initiate and proceed with foreclosure (I'm betting - counting on - it takes them 6 months and that I'll have it sold in 3 or less.)
I have to finish piling & sorting garbage. I have to clean it decently (then I'm considering professional cleaning - carpets, ducts, merry maid type thing. All of which have to be found and scheduled.) Find a thrift store that will come and take furniture that is too good for garbage. Find a realtor. Find someone or a dumpster to come haul or remove the junk - garbage bags, old lawn mowers... the crap accumulated in a home lived in for 10 years.
All of that is going on while I'm texting my attorney to find out when my next court date is because I had to change my address and it'll take the post office 7 to 10 days to catch up. And that's right after changing my address on the DMV website so that the Driver Safety People in the county I now live in can recognize me as a resident.
And in the backdrop of THAT I get voices of fear about possible complications of splitting residences and addresses - does that disqualify me from being able to drive to the old home under my occupational license timeframes & allowances?? So I check the DMV website after sitting in fear for hours worrying about it and find out that property care is covered and I'm ok.
It's freaking non stop. O, did I mention I work for a living??
Despite how it all reads it's still very messy. Just today I literally had to FORCE myself to pick up the phone and dial the number of a local junk hauler to coordinate meeting them at the old home. Very often I'll start reaching for the phone to make a call I need to make and if I stop and think for just a few seconds I can easily get gripped by fear and avoid it and let it eat at me for another few hours - maybe a few days.
Often I have to just act as soon as I get the urge or impulse to do so.
So yea. To be honest when I see people arrive here - or continuously come here - and vent about being paralyzed with anxiety or fear or whatever. Well, I TOTALLY get it. If I've learned anything from this process it's the difference between living in my head - where being overwhelmed, fear, and paralyzing anxiety exist - and living for the NEXT TASK AT HAND.
I really have had to keep it just that focused and simple. I continue to write down a list, check off the 2 or 3 must dos, and let the rest of the list wait. It's the only way I know how to keep moving.
But yea, when I see people paralyzed by what they THINK is going on in their lives I just die inside wanting to find a way to convince them to just pick up that first task and start doing. Just do a couple things.
And then do the same thing tomorrow. And again the next day. And pretty soon you look up and it's 70 days later and you're like "holy crap I've gotten a lot done."
There is something very therapeutic about it - even when facing the worst of the wreckage.
It will calm down in time - not too much further to go. But I very much hope I can remember to just focus on what's in front of me in those moments that things seem overwhelming for the rest of my life.
None of this, of course, is possible if I drink. In fact, the necessity of being so nose to the grinder about it is only a result of the fact that I spent so many years stacking crap up that I'm now shoveling. But I see the peace of the future. I see the simplicity of the life I'm working toward. It's still a bit off in the distance. But it's closer than it was 3 months ago. A LOT closer. I can taste it, smell it. And I want it badly.
Wow...that turned into a much longer rant than I thought it would. Call it pent up energy I guess.
-B
Member
Join Date: Feb 2015
Location: MN
Posts: 8,704
"What amazes me is that theoretically I should be more insecure and more anxiety ridden than ever. But for some crazy reason (sober?) I'm as secure and anxiety free as I've been".
This grabbed me. Its amazing the calmness that sobriety brings. I used to have a company and we had trucks. Something as minor as a flat tire would send me through the roof. Its because I was operating at 50% usually half hungover and thinking about getting done with the day so I could drink again. Being sober, problems are just things that need to be solved.
This grabbed me. Its amazing the calmness that sobriety brings. I used to have a company and we had trucks. Something as minor as a flat tire would send me through the roof. Its because I was operating at 50% usually half hungover and thinking about getting done with the day so I could drink again. Being sober, problems are just things that need to be solved.
Administrator
Join Date: Aug 2003
Location: Dancing in the Light
Posts: 61,497
Buckley, your attitude is really good and I think it's great that you've done the homework and understand the realities of your situation. I also think it's good that you can look beyond 'this' and see a healthy and happy future for yourself.
Member
Join Date: Feb 2014
Location: Florida., USA
Posts: 3,252
Originally Posted by lessgravity
Holy smokes Buck, that's the ****** attitude to have. And there is zero change you would be here, with that kind of mental clarity and toughness, if you were still a drunk.
I'm really impressed man. I am an attorney, former prosecutor, and I think your understanding of the situation is as spot on as it could be. Also, from a philosophical standpoint - man are you owning it. Good for you. These are our lives after all.
I just think that you stand as a testament to what it means to deal with life sober and how it can be dealt with. You are confronting some major s--t, some , of course, of your own doing. But rather than beat yourself up and retreat to a place of self-pity where picking up the bottle becomes the solution, you are staying sober, and confronting the tasks at hand.
That will be my motto for the day and week, going forward, thanks to you - the task at hand.
Rather than swirl in the muck of the could-have-beens, shouldn't-have-dones etc, I will put my head on right and deal with the task at hand.
Thanks brother. Stay strong and keep us updated.
I'm really impressed man. I am an attorney, former prosecutor, and I think your understanding of the situation is as spot on as it could be. Also, from a philosophical standpoint - man are you owning it. Good for you. These are our lives after all.
I just think that you stand as a testament to what it means to deal with life sober and how it can be dealt with. You are confronting some major s--t, some , of course, of your own doing. But rather than beat yourself up and retreat to a place of self-pity where picking up the bottle becomes the solution, you are staying sober, and confronting the tasks at hand.
That will be my motto for the day and week, going forward, thanks to you - the task at hand.
Rather than swirl in the muck of the could-have-beens, shouldn't-have-dones etc, I will put my head on right and deal with the task at hand.
Thanks brother. Stay strong and keep us updated.
Member
Join Date: Jan 2017
Posts: 2,408
Consequences will never keep an alcoholic/addict happily clean in my experience. Keeping spiritually fit (in AA language) will. Keep the faith that as long as you keep doing the right things you will be rewarded with peace and serenity and will be in a position to make good decisions.
Member
Join Date: Mar 2012
Location: California
Posts: 13,040
Buckley,
Your post and attitude are so inspiring. I think we all get into our own heads at times, and it's easy to look back on past transgressions and think "I should have..." but all we can truly control is the here and now. Your task at hand thinking is spot on.
Please let us know how things go at court.
❤️Delilah
Your post and attitude are so inspiring. I think we all get into our own heads at times, and it's easy to look back on past transgressions and think "I should have..." but all we can truly control is the here and now. Your task at hand thinking is spot on.
Please let us know how things go at court.
❤️Delilah
Currently Active Users Viewing this Thread: 1 (0 members and 1 guests)
