Blogs


Notices

Scared of DUI Sentencing

Old 10-08-2018, 07:55 PM
  # 1 (permalink)  
Member
Thread Starter
 
Join Date: Aug 2018
Posts: 35
Scared of DUI Sentencing

My DUI sentencing is coming up and I am scared of it.

I have no prior offenses and my DUI was straight forward. No one was hurt, no property damage or accidents. My BAC was high but my charge was reduced to a lower level DUI.

So why am I still scared? How long does sentencing take? Are other people in the room waiting to be sentenced too?

All DUI charges carry max jail time penalties but I hear first time offenders with no priors get probation.

This whole thing just scares me, i've never been in trouble with the law before in my life. Is there anyone else out there who has been sentenced for a DUI? What was your sentence? How long did it last? How was it?
Jad123 is offline  
The Following 5 Users Say Thank You to Jad123 For This Useful Post:
Anna (10-09-2018), MLD51 (10-17-2018), MythOfSisyphus (10-11-2018), STDragon (10-09-2018), whopper (10-10-2018)
Old 10-08-2018, 08:08 PM
  # 2 (permalink)  
Administrator
 
Dee74's Avatar
 
Join Date: Apr 2007
Location: Australia
Posts: 187,768
Blog Entries: 1
I wish I had some experience to share but I don't. I can only give you my best wishes for a good result Jad

D
Dee74 is offline  
The Following 3 Users Say Thank You to Dee74 For This Useful Post:
Delilah1 (10-08-2018), Free2bme888 (10-09-2018), MLD51 (10-17-2018)
Old 10-08-2018, 08:18 PM
  # 3 (permalink)  
Member
 
Join Date: Dec 2014
Posts: 2,960
Do you have an attny?
DontRemember is offline  
The Following 5 Users Say Thank You to DontRemember For This Useful Post:
Dee74 (10-08-2018), Delilah1 (10-08-2018), entropy1964 (10-09-2018), Free2bme888 (10-09-2018), MLD51 (10-17-2018)
Old 10-08-2018, 08:19 PM
  # 4 (permalink)  
Member
 
wildflower70's Avatar
 
Join Date: Jul 2015
Location: Phoenix
Posts: 1,184
Hey there,

Unfortunately I do have some experience in this department.

On my first DUI, I lost my driving privileges for 3 months, had 1 year probation, and 6 months of drug and alcohol counseling, and 20 hours of community service. I had to report an SR22 on my car insurance, which raised my rates for the next 2 years. Total cost 10k

On my 2nd (1 year later) I lost my driving privileges for 1 year, had 2 years probation, 1 year of drug and alcohol counseling, random breathalyzer testing, 1 month of house arrest, 80 hours of community service, and an interlock device for 2 years, and SR22 on my car insurance for 5 years. Total cost 15k

Both were high BAC, no accident or injury.

Learn from your first one, you will get through it, don't repeat!!!!!
wildflower70 is offline  
The Following 9 Users Say Thank You to wildflower70 For This Useful Post:
Dee74 (10-08-2018), Delilah1 (10-08-2018), Free2bme888 (10-09-2018), MantaLady (10-09-2018), MLD51 (10-17-2018), Pilipili1 (10-09-2018), trailmix (10-10-2018), Verdantia (10-09-2018), whopper (10-10-2018)
Old 10-08-2018, 08:52 PM
  # 5 (permalink)  
Just livin' the dream
 
suki44883's Avatar
 
Join Date: Apr 2008
Location: In my sanctuary, my home
Posts: 27,801
The laws differ depending on the state. I live in Texas and my DUI was 12 years ago. I lost my license for 3 months, but was able to get an occupational license, which allowed me to drive to and from work. One year probation, a couple of victim impact courses, 24 hours of community service, which I did on weekends working at a thrift shop that supported domestic violence victims.

You will get through it; it will be expensive and inconvenient for a while, but you will get through it.
suki44883 is offline  
The Following 6 Users Say Thank You to suki44883 For This Useful Post:
Delilah1 (10-08-2018), Free2bme888 (10-09-2018), MLD51 (10-17-2018), Outonthetiles (10-08-2018), Pilipili1 (10-09-2018), whopper (10-10-2018)
Old 10-09-2018, 12:33 PM
  # 6 (permalink)  
Member
 
Join Date: Oct 2018
Posts: 18
I honestly would count your blessings. it's only your first and never do it again. You will be okay. I got a DUI 13 years ago and it was my first and only one. My home state is very hard on DUIs. It cost me probably 5K in lawyer and fines. 2 years of misdemeanor probation and it was wiped from my record...

You'll get through this. Keep your head up. I know the fear you are feeling...
DesertGuy2112 is offline  
The Following 3 Users Say Thank You to DesertGuy2112 For This Useful Post:
Free2bme888 (10-09-2018), MLD51 (10-17-2018), whopper (10-10-2018)
Old 10-09-2018, 02:48 PM
  # 7 (permalink)  
Member
 
Pacheeky's Avatar
 
Join Date: Oct 2018
Location: Los Angeles, California
Posts: 49
I'm in California. My first DUI cost me about $5,000, (which they make you let payments on if need be), I had to attend 6 months of alcohol/drug counseling, 3 months of community service and I lost my license for 3 months. My second DUI was much, much worse. I was scared too the first time, but after sentencing and meeting all the people going through the same thing, it is not that bad. It's time consuming and was hard to get around. Hopefully for you, you will not let there be a second one. It is much more extensive and a lot more jail time.
Pacheeky is offline  
The Following 3 Users Say Thank You to Pacheeky For This Useful Post:
Free2bme888 (10-09-2018), MLD51 (10-17-2018), whopper (10-10-2018)
Old 10-09-2018, 03:21 PM
  # 8 (permalink)  
Administrator
 
Anna's Avatar
 
Join Date: Aug 2003
Location: Dancing in the Light
Posts: 53,731
I think it would be a good idea to talk to a lawyer, if you haven't already.

I hope that things go well for you.
Anna is offline  
The Following 2 Users Say Thank You to Anna For This Useful Post:
Free2bme888 (10-09-2018), MLD51 (10-17-2018)
Old 10-09-2018, 04:28 PM
  # 9 (permalink)  
Member
 
Spider's Avatar
 
Join Date: Oct 2018
Posts: 131
You've already been convicted, so I presume you had an attorney to negotiate with the DA and were presented with the plea deal...with sentencing being the last part? I agree with all of the advice here and I too have been down this road and worse. Your first offence might afford you the ability to have your record scrubbed (not expunged, though if this is your only option, do it) after the (likely) informal probation period you'll endure. Wishing you the best, and yes there will be others seeing the judge from sentencing matters, to arraignments, to pushovers, to voir dire, etc. Being in the criminal courts teeth is a very difficult place to be.
Spider is offline  
The Following 2 Users Say Thank You to Spider For This Useful Post:
Free2bme888 (10-09-2018), MLD51 (10-17-2018)
Old 10-09-2018, 06:02 PM
  # 10 (permalink)  
Member
Thread Starter
 
Join Date: Aug 2018
Posts: 35
I plead down to an impaired driving charge instead of an intoxicated driving charge. The two carry the same court maximum sentencing. The difference is the DMV sanctions are far, far less. A 90 day restricted license and 4pts. Then I can get my full license back and everything will be over from the DMV standpoint.

Like I said the court sentencing is the same between the two. Everyone including my lawyer thinks I will have probation instead of jail time. I've talked to about 4 other lawyers before retaining mine that were of the same opinion.

However I am still scared of facing a judge and going to sentencing day. I'm not sure why my lawyer didn't try to negotiate no jail time in our plea to an impaired.

I just want to continue to be a working citizen.
Jad123 is offline  
The Following 2 Users Say Thank You to Jad123 For This Useful Post:
Anna (10-10-2018), MLD51 (10-17-2018)
Old 10-09-2018, 06:09 PM
  # 11 (permalink)  
Just livin' the dream
 
suki44883's Avatar
 
Join Date: Apr 2008
Location: In my sanctuary, my home
Posts: 27,801
If you have talked to 5 attorneys and they all believe you will receive probation, then you will probably receive probation. Worrying about it will not help anything. I had never ever been in trouble with the law either, and yes, it was scary standing before the judge, but my attorney was with me and it only took about 5 minutes and I was out of there.

You will be fine.
suki44883 is offline  
The Following User Says Thank You to suki44883 For This Useful Post:
MLD51 (10-17-2018)
Old 10-09-2018, 06:15 PM
  # 12 (permalink)  
Member
 
Join Date: Oct 2018
Posts: 18
You're not going to jail. I can guarantee you that. 1st offense, misdemeanor DUI... Nope.
DesertGuy2112 is offline  
The Following User Says Thank You to DesertGuy2112 For This Useful Post:
MLD51 (10-17-2018)
Old 10-09-2018, 07:22 PM
  # 13 (permalink)  
Member
Thread Starter
 
Join Date: Aug 2018
Posts: 35
Originally Posted by DesertGuy2112 View Post
You're not going to jail. I can guarantee you that. 1st offense, misdemeanor DUI... Nope.
Why do they even have jail as a punishment then? I'm just curious to see what types of offenders they send to jail or instances of when they would use jail over probation?
Jad123 is offline  
The Following User Says Thank You to Jad123 For This Useful Post:
MLD51 (10-17-2018)
Old 10-09-2018, 07:36 PM
  # 14 (permalink)  
Forum Leader
 
ScottFromWI's Avatar
 
Join Date: May 2012
Location: Wisconsin, USA
Posts: 16,173
Originally Posted by Jad123 View Post
Why do they even have jail as a punishment then? I'm just curious to see what types of offenders they send to jail or instances of when they would use jail over probation?
There is a wide range of punishment for every crime and every person is different, so is every judge. Sounds like all the lawyers you have talked with feel that your sentence will be on the light end of the spectrum, I would trust their assessment as that's what their job is.
ScottFromWI is offline  
The Following User Says Thank You to ScottFromWI For This Useful Post:
MLD51 (10-17-2018)
Old 10-09-2018, 07:47 PM
  # 15 (permalink)  
Member
 
Join Date: Oct 2018
Posts: 18
Originally Posted by Jad123 View Post
Why do they even have jail as a punishment then? I'm just curious to see what types of offenders they send to jail or instances of when they would use jail over probation?
Your lawyer will take care of it. I've never heard of someone doing any time for their first DUI, unless there was a wreck and people were injured. In that case, it would be a felony DUI, which is very different. I'm sure you will get probation, but once you successfully complete the terms of your probation, it falls off your record.

Hang in there. It sucks... I've been there before.
DesertGuy2112 is offline  
The Following User Says Thank You to DesertGuy2112 For This Useful Post:
MLD51 (10-17-2018)
Old 10-09-2018, 08:16 PM
  # 16 (permalink)  
Member
 
Pacheeky's Avatar
 
Join Date: Oct 2018
Location: Los Angeles, California
Posts: 49
When I got my first DUI, I went straight to jail after being pulled over. I was held over night and let go with a sentencing hearing date. I pleaded "no contest", as I was guilty. I got a lesser sentence.
The only time I know of for someone to get sentenced more days for a DUI was when they plead not guilty. That's how my attorney told me it worked, so I did what he said and within a few minutes, the sentencing was done.
I get the scary part and I hope from everyone's experience posted here, you're left with a little less stress.
Pacheeky is offline  
The Following 2 Users Say Thank You to Pacheeky For This Useful Post:
MLD51 (10-17-2018), whopper (10-10-2018)
Old 10-09-2018, 09:10 PM
  # 17 (permalink)  
Just livin' the dream
 
suki44883's Avatar
 
Join Date: Apr 2008
Location: In my sanctuary, my home
Posts: 27,801
Originally Posted by Jad123 View Post
Why do they even have jail as a punishment then? I'm just curious to see what types of offenders they send to jail or instances of when they would use jail over probation?
Because there are different degrees of the crime. If you were just pulled over drunk and no one else was involved, that is far less serious than someone drunk who hits another vehicle or injures an innocent person. BAC is a factor, also.

There is a member here on SR who was involved in an accident while drunk driving, and innocent people were injured. He has much more reason to worry than you.
suki44883 is offline  
The Following 2 Users Say Thank You to suki44883 For This Useful Post:
MLD51 (10-17-2018), whopper (10-10-2018)
Old 10-10-2018, 07:22 AM
  # 18 (permalink)  
Member
Thread Starter
 
Join Date: Aug 2018
Posts: 35
Originally Posted by suki44883 View Post
Because there are different degrees of the crime. If you were just pulled over drunk and no one else was involved, that is far less serious than someone drunk who hits another vehicle or injures an innocent person. BAC is a factor, also.

There is a member here on SR who was involved in an accident while drunk driving, and innocent people were injured. He has much more reason to worry than you.
That would be a far worse scenario which would be much harder to recover from. I am thankful I didn't cause an accident or hurt anyone or damage anything. I cannot tell you how thankful I am for that.

Maybe one day my story can help prevent others from impaired decisions to drive.

My BAC was high though it was a .18... confirmed via blood draw.

Technically this could be charged as aggrevated dui but it was charged as regular dui and then my lawyer got it reduced to a driving while impaired (instead of intoxicated).

I hear courts still look at BAC as a factor even when charges are reduced.
Jad123 is offline  
The Following 2 Users Say Thank You to Jad123 For This Useful Post:
MLD51 (10-17-2018), whopper (10-10-2018)
Old 10-10-2018, 09:12 AM
  # 19 (permalink)  
Administrator
 
Anna's Avatar
 
Join Date: Aug 2003
Location: Dancing in the Light
Posts: 53,731
I'm sure this is a very stressful time for you. Try to listen to your lawyer's advice and think positively. And, don't let the stress bring you back to drinking. You will be able to get through this.
Anna is offline  
The Following 2 Users Say Thank You to Anna For This Useful Post:
Dee74 (10-10-2018), MLD51 (10-17-2018)
Old 10-10-2018, 10:22 AM
  # 20 (permalink)  
Member
 
thomas11's Avatar
 
Join Date: Feb 2015
Location: MN
Posts: 8,541
my lawyer got it reduced to a driving while impaired (instead of intoxicated).

I highly doubt jail is in your future. I had the same thing as you, probation for awhile.
thomas11 is offline  
The Following User Says Thank You to thomas11 For This Useful Post:
MLD51 (10-17-2018)

Currently Active Users Viewing this Thread: 1 (0 members and 1 guests)
 
Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off




All times are GMT -7. The time now is 11:53 PM.