DWI/DUI

[sinkingboat]

What are my best option? I don't know where to start, Please help!!!

I am so ashame of what has happened. Weekend of Labor Day I got myself a DWI, speeding 74 in a 60 MPH.

Fact: First-time offender. BAC was .08, I was jailed than release after 4HRS. no bail.

Do I go in to court with or without a lawyer? How much do they range?
I recieved a 7 day DL, after that I believe my DL automatic becomes revoke correct? I also heard I can get a driving to work permit. How do I go about getting one? This one will be hard because I deliever products for our company.

My instint tells me to contact a lawyer. I have recieve like half dozen lawyers from the mail. I am willing to do almost anything to keep the DWI off my record for this is a serious crime.

[JLJOHNSON]

My personnel experience has been Lawyers are a wast of money. (1,500 to 3,000). Most Departments of public safety have set rules for DWI's. Courts will vary on fine, jail, etc. I have found if you go to court, pay your due and dont do it again. Time and good actions will take care of a lot. Most employers can work with employee's if they have a good employee that is willing to make good changes.

Good luck,

[twotimer]

At only .08 and no priors, a decent lawyer should be able to plead it down. Also, they can argue against all the other stuff that can get added to a sentence (alcohol assessments, fines, classes, treatment, community service, etc).

For $500, you can save yourself a ton of headaches.

[blueroof]

Sinking, I'm assuming you got this in Minnesota. I would suggest getting a lawyer, however you need to know that you need to fight two charges in Minn. The DWI will be easy, you should be able to get it reduced to a careless driving considering your situation. The second, the implied consent, is much tougher. You will need to get that dropped too if you hope to save your record.

Basically you need to either prove that the test was wrong, or hope the officer who stopped you doesn't show to support the charge on your day (in court.)

If you get the DWI dropped to a careless and not the implied consent, your insurance and Minnesota will consider your offense alcohol related and you will pay for it. I'm not too sure what effect getting the DWI dropped to a careless and not taking care of the implied consent will have on your driving license itself.

Good info can be found at: http://www1.umn.edu/usls/pdfs/DWI.pdf

Good luck and stick to your word on not doing it again. I lost a good buddy to drunk driving years ago.

LB

[Crappie Kid]

Get an attorney.

If this was in DuPage county IL expect all expenses to total between $5000 and $10000. Fines, court costs, classes, insurance cancelled and higher rates. I was charged 20 years ago and learned my lesson well. Get a designated driver or dont drink.

[Prowler]

Just remember that a DWI/DUI will not only cost you some money, but also, bar you from going to Canada. Talk to a good lawyer.

[EyeSlayer]

No need to be ashamed of what occurred. We all learn from our mistakes.

Certainly get an attorney. Many times people are upset when they feel they could have received the same result on their own. While this is definitely true sometimes, there is a chance the lawyer may find some information through discovery, beneficial to your case, that would otherwise be overlooked. There are more issues involved with a DUI than the average person realizes. Not to mention, like was already stated, you also have the implied consent hearing to deal with.

[jacsdoken]

Lawyer for sure. What is the applied consent?
Good Luck

[Dacotah Eye]

Get a lawyer as he will probably be able to plead you down to a lesser charge. Where I live it pretty much takes a lawyer to get a work permit to drive. Don't feel down about it, you are not a different person because of it, just smarter.

[Helping Hand]

I agree, get in touch with an attorney. If this is indeed your first offense and you are recognized as being a responsible driver and person who is gainfully employed and just made a bad decision, it seems that most judges will look at the big picture and take this all into account. Often you can get it down to careless or at the very least get a deferred sentence which will still be intitially recorded as a DWI but by meeting all stipulations and having no reoccuring incidences in a given period of time it will drop off your record so in a sense you are being "charged, but not convicted" which is worth its weight in gold..Seek council on this and take it seriously and most times there will be some sort of concessions made. If you don't take it seriously and come off as a smart a$$ who thinks the legal system is there for you to mock and violate, you'll probably find out how big of a dic* your local judge and police can be. We will all make bad decisions in our lives of some kind, just man up and take your lumps and be sincere and honest with those judging you and you will receive the best treatment you should expect. This is serious stuff and hopefully an isolated incident...I had my moment of shame and guilt a long, long time ago and it was not fun. Good luck...

[Been there]

GET an ATTORNEY asap and get the drivers work permit asap if your a delivery driver you will have a big problem without a license. with the low BAC you should qualify for a deferred judgment but you could be still looking at a suspended drivers license for 6 months will your employer keep you doing something else if you can't drive? Good Luck

[AllenW]

With out a doubt, get the laywer, it may save you in the long run.

Also lost a brother because of his drunken driving, please don't drink and drive...that's to everybody, going to Canada may be the least of your worries.

Al

[Thunderstix]

Wow, most of you guys must have pretty lenient Judges and court systems. I know a lot of guys that have been picked up and not many have gotten off or reduced charges, even with an attorney. They take DUI/DWIs pretty serious in WI and it's pretty rare to hear of anyone getting off or reduced, unless something got screwed up with the arrest or breathalyzer. If you have the extra money, go for it with a lawyer, but you will pay for it. If you live in a small town or maybe you know the DA, call him and explain what you have in mind and he might give you an idea if an attorney would help or maybe he would be willing to reduce. The feelings of shame you have will stay with you and that should remind you to not do it again. It worked for me the past 20 years and I will not do it again, just because of what you have to go through.

[Attorney]

Read those receipt and release papers carefully AND IMMEDIATELY!!!! Then do what the papers direct you to do. Your privileges (driving is not a constitutional right) are explained on these papers. Most states require the DWI Suspension Driving Permits, for work/education, to be applied for and requested within (such as yours) that first 7 days, usually a short hearing is scheduled to plead your needs for these limited use permits, otherwise you may lose all chances to apply for a permit. The penalties for being caught driving without a permit can be quite severe, with fines and/or mandatory jail time.

And yes, at least visit with a DWI experienced attorney, he can explain the law and answer your questions and lay out your options. The court and its personnel can not and will not explain your options to you. If you decide you can take care of it yourself, fine that's your choice, but at least talk with one first.

This is my Pro Bono advice for the month.

Attorney

[Priorguy]

I also have been through the process unfortunately. If you live in Minnesota you could take the approach I took. I was also right on the legal limit. I hired a lawyer and he suggested hiring a ex-State Alcohol Agent to argue that the breathalyzer has a accuracy to a + or - of a certain percent. It actually worked for me. The bad part when it was explained to me, there was a chance that certain judges in that particular county would not side on my side. But there was a few that would. I basically rolled the dice. It was 1500 for the lawyer and 1000 for the expert witness. You might walk away with a huge bill and a DWI or a clean record. This is just a option for you to think over. By the way, even though I got off, I certainly learned my lesson. I have not even thought about driving after drinking any alcohol.

Good luck.

[hgmeyer]

Get an experienced lawyer... no other advice is any good... Go down to that courtroom in the next few days and just watch... When you see someone (one of the lawyers) that is handling himself and several cases very well talk to him...

[ffishman]

Get Lindsay Lohan's attorney. She had two DUI's and cocaine on her and got 1 day in jail.




24 hours in a day, 24 cans in a case, you do the math

[vetspet.ind]

i'm no lawyer but a very good friend of mine is a good dwi lawyer and he almost always gets his cases off especially if its a first timer...i dont drink at all but many of my best buds do and i have no problem with drinking but you may lose many privilages if you are not represented well...hopefully have learned an important lesson...i used to run the railroad cross bars often and an employee of mine got ticketed for this and it was super expensive and she had to go to classes etc...it was enough to straighten out my act....so hopefully we will have a safer driver and a safer world...i used to drink and drive way back when and drove drunk a few times...watched what alcohol did to my dad and figured if it got him it may get me and just totally quit in 1982...never was an alcoholic but would get drunk with my brothers and best buds back then and drive...so my advice after talkin to my lawyer friend would be to get a good lawyer and do your best to get by this one...and i hope you have a happy ending to this one...steve

[kathy_delaney]

I have absolutely ZERO tolerance for those who drink and drive! I hope you not only lose your drivers license, but that you also lose many of your other privelidges such as your job, AND get thrown behind bars for awhile. JAIL is the best place for those who drink and drive. No if ands or buts. ZERO TOLERANCE. I hope our justice system throws the book at you.

Rest in peace Adam. (June 2nd 1980 - August 23rd 1994)

[partyonwayne]

>I have absolutely ZERO tolerance for those who drink and
>drive! I hope you not only lose your drivers license, but
>that you also lose many of your other privelidges such as your
>job, AND get thrown behind bars for awhile. JAIL is the best
>place for those who drink and drive. No if ands or buts.
>ZERO TOLERANCE. I hope our justice system throws the book at
>you.
>
>Rest in peace Adam. (June 2nd 1980 - August 23rd 1994)


I couldn't agree more. How about we not worry about getting him off scott free, but seeing that he learns a good lesson for a really stupid decision. If he did it once, and gets a slap on the wrist, he'll most likely do it again. I hope the judge overseeing the case has no tolerance for idiots like yourself.

[Were talking .08]

I wouldnt say he was drunk, just over the limit. Were talking about .08. It doesnt take much to get to .08. Most people that get to .08 doent even know there over the limit. This new limit is a joke! Thats why Minnesota was one of the last to go to this new limit. They had to go to .08 in order to get fedral funding for roadways.

[sjjj]

This is a bad epidemic in the USA and needs to addressed. I is quite disturbing that people he implies he should not be ashamed. He should be ashamed and quite thankful he did not kill or hurt someone. .08 is drunk...If you don't believe it, try to get to .08 and take some motor skills tests. This is the worst type of behavior where you recklessly disregard the people around you...it is very disturbing..sj

[seedtree]

How about some empathy for our fellow man? LOL, some of you act like you're ready to stone the man to death. The stoner crowd needs to take a good look in the mirror and read, actually read for comrehension, the good book. Try to apply its lessons of tolerance to your life.

tight lines.

[Burr]

Never had one, so the only experience I have is bailing all my friends out, and seeing what they go through. I've seen people fight it vigorously, hire a lawyer and just go through the motions, and even had one that stayed in jail until he went to court - plead guilty and got on with it.

One did get reduced charge - but the reduced charge really had no benefit. He still had an SR 22 filing, fine was the same. In every way he was treated like he had gotten a dui, since it was the normal plea bargain charge if there was a reduction. Add on his lawyer fee's, he paid more than any of the others.

The one that stayed in jail, and went to court at 10 am the very next morning, plead guilty, took his sentence and started doing what he had to do immediately - got it all done and over with faster, and spent a bunch less money.

If you were drunk - just plead guilty and get on with it. Why shouldn't you - after all, you are guilty. The judge will appreciate not having to hear another stinkin, whinin, "I'm" not guilty excuse.

You say your a delivery driver - depending on 'what' type of a license you hold, this may be a pretty big deal. If you hold a commercial license - it's .04 nationwide, and 2 year loss of commercial driving privileges. So your .08 borderline argument is gone, and most likely your job too. Start looking for a job now. You can't be a delivery driver without a license.

After bailing out all my friends from jail, they told me if I ever get a dui, don't call them to get bailed out. If I haven't learned through their mistakes, I can just sit there. Hmmmmm, nice guys....

[sjjj]

Not true, people went crazy over Vick and his dogs, but will set by when someone is equally reckless with other peoples lives. You should read the facts and stats that come with drinking and driving...Go to the local pub and realize that everyone there is driving...It is very disturbing, guns don't kill people kill...you can say the same about cars...I don't think the good book, would take kindly to putting everyone else at risk because you needed to catch a buzz:)

[partyonwayne]

I've read "The Good Book" cover to cover more than once. Where was the part about driving drunk?

Must've been in the Book of Foster Brooks.

[OlympiaMann]

Why would they bar you from Canada.....

[sjjj]

Hey Wayne, I did not bring up the book...just responding. You my friend are clearly are not too bright:) Cheers...

[huh]

>Hey Wayne, I did not bring up the book...just responding. You
>my friend are clearly are not too bright:) Cheers...

Nor is your writing and spelling skills.

[Pat Bullard]

I got a distant friend who got off earlier this summer with a .16. The cop that wrote up the report messed up on the paperwork. His attorny got the case thrown out because of the cops error. I am sure he got a big wake up call even though the case got thrown out.

[Nimstug]

I'm sorry but I do not have tolerance for DUI.

A couple of Christmas Eves ago a drunk woman backed her car into my son while he was bending over his car trunk getting out gifts, pinning his leg between the bumpers and breaking his leg. She didn't even know she hit him. He was lucky, but has permanent nerve damage and has drop foot. Coming up on 2 3/4 years and the matter is still not settled in the courts.

Like a speed limit is set at some point, so is B.A.C. Argue if you want about .08. You reached it. Just get on your knees and thank whomever you want that you were caught speeding and didn't hit someone or something.

Nimstug

What's another word for thesarus?

[sinkingboat]

Thank you to all who has replied.

I am truely sorry for what I have done and thank GOD that no one was hurt because of my mistake.

I quess what was I was really tring to get out of this was that, I ASSUME I will not be going to jail/prison, plead quilty to my charges, follow all my orders, and when all said and done I'll someday get my DL back without hiring a lawyer. Why pay for a lawyer when the outcome is the same.

I will not lose my job after talking to my boss today. I am a production manager and I do deliveries/pick-ups as part of my job too. I will not be allow to drive for the company until I get my DL back.

As I stated in my post before. I know its a SERIOUS crime! I wasn't looking for a easy way out either. I know and understand what I did is wrong. I'll have to live with my punishment for what the judge see fit.

[MNguy]

Right! Why dont we jail everyone who evers commits a crime and take away their jobs. I didn't read the post like he was asking for loop hole to jump thru. Again only you who has never committed a crime before will be the one paying for all the criminals being housed in jails. Someone who repeatdly do this should be in jail, but the man did say it was his first.

I hope someday I get a second chance what ever the wrong I do!

Well atleast the eyes would roam the lakes and river worry free.

[EyeSlayer]

Because a convicted drunk driver is viewed as a felon in Canada because DUIs are felonies there.

[wallyhunter66]

I think most of you need to take a long look in the mirror! I don't think any of you will see the squeeky clean person you want this poor guy to be! I am so sick of all this political correctness crap!!! I don't care what you are or what you do, but geez, don't you think a mailman/mailwomen is going a bit to far? Who really cares what they are titled as long as the pay is the same. And I'm sure none of you can say you are perfect, much less be in a position to judge others. Be nice people, this guy could save your life someday! NUFF SAID!!!! :banging:

[wallyhunter66]

I think most of you need to take a long look in the mirror! I don't think any of you will see the squeeky clean person you want this poor guy to be! I am so sick of all this political correctness crap!!! I don't care what you are or what you do, but geez, don't you think a mailman/mailwomen is going a bit to far? Who really cares what they are titled as long as the pay is the same. And I'm sure none of you can say you are perfect, much less be in a position to judge others. Be nice people, this guy could save your life someday! NUFF SAID!!!! :banging: