DWI questions
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DWI questions I have a buddy thats not really internet savvy, and he was asking me if I could get a couple of opinions.
The guy got picked up last night, not because he was swerving, but a cop wanted to inform him he had a low tire. The cop said he could smell alcohol on his breath and asked him to do a breathalizer (sp?). He ended up blowing a .08, and got charged with a DWI (first time offender).
He told me he felt fine, and didn't really feel like he was risking anything when he got behind the wheel.
He keeps saying he just wants to go to court and plead guilty without a lawyer, and get it over with. He basically wants to say he showed poor judgement, and doesn't really have much else to say besides that.
What kind of consequences will he most likely face? Is it a bad idea to go with out a lawyer?
Any other advice would be appreciated.
Thanks in advance.
The guy got picked up last night, not because he was swerving, but a cop wanted to inform him he had a low tire. The cop said he could smell alcohol on his breath and asked him to do a breathalizer (sp?). He ended up blowing a .08, and got charged with a DWI (first time offender).
He told me he felt fine, and didn't really feel like he was risking anything when he got behind the wheel.
He keeps saying he just wants to go to court and plead guilty without a lawyer, and get it over with. He basically wants to say he showed poor judgement, and doesn't really have much else to say besides that.
What kind of consequences will he most likely face? Is it a bad idea to go with out a lawyer?
Any other advice would be appreciated.
Thanks in advance.
Yes thats a bad idea. DWI NEVER comes off your record, can prevent him from future jobs and will cost him over 5 grand in fines anyway. Even if he is guilty, if he is a first time offender, and if he gets a good lawyer he may be eligible for a "pre-trial diversion" Which he will spend 10 days in jail, and 1 year probation. After that is completed, it is dismissed. I know several people that have done this.
If he blew a 0.08 then he's guilty. The penalties for drunk driving are not nearly severe enough. I'm not suprised that he didn't think he was doing anything wrong. The first thing booze does is destroy your ability to make rational decisions. Like whether or not you're sober enough to drive.
A first time DUI should get 5 years in an 8x10 cell with a hairy backed knuckle dragging mouth breather named Bubba who wants to be your "special" friend...
A first time DUI should get 5 years in an 8x10 cell with a hairy backed knuckle dragging mouth breather named Bubba who wants to be your "special" friend...
If he blew a 0.08 then he's guilty. The penalties for drunk driving are not nearly severe enough. I'm not suprised that he didn't think he was doing anything wrong. The first thing booze does is destroy your ability to make rational decisions. Like whether or not you're sober enough to drive.
A first time DUI should get 5 years in an 8x10 cell with a hairy backed knuckle dragging mouth breather named Bubba who wants to be your "special" friend...
A first time DUI should get 5 years in an 8x10 cell with a hairy backed knuckle dragging mouth breather named Bubba who wants to be your "special" friend...
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From: La Porte, TX
If he blew a 0.08 then he's guilty. The penalties for drunk driving are not nearly severe enough. I'm not suprised that he didn't think he was doing anything wrong. The first thing booze does is destroy your ability to make rational decisions. Like whether or not you're sober enough to drive.
A first time DUI should get 5 years in an 8x10 cell with a hairy backed knuckle dragging mouth breather named Bubba who wants to be your "special" friend...
A first time DUI should get 5 years in an 8x10 cell with a hairy backed knuckle dragging mouth breather named Bubba who wants to be your "special" friend...
And to the OP, just get a lawyer and hope for the best. You don't want that on your record.
5 years is probably not enough. Maybe 10.
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I know plenty of people that shouldn't drive sober. I'm not condoning drunk driving, but I bought a breathlyzer from sharper image, and .08 doesn't feel like you would think.
I agree with you for the most part of what you said. As an over the road truck driver I've seen what drinking and driving does numerous times not to mention my brother and sister were hit by a drunk driver some years ago placing my sister in a wheel chair for 5 months (while in high school mind you). I have zero tolerence on drinking and driving. I say go out have a great time and as much booze as you want THEN call for a cab or ride. To the op, def get a lawyer and go down swinging instead of handing your *** over on a platter w/o lube.
I'll speak from a past DWI in 07' or 08' that I got. It was my first one.
My attorney says never do a breathalyzer or blood test... As it will give evidence but thats too late now anyways.
I did a plea bargain and had two choices:
2 years probation (keep in mind with probation you'll have to attend aa classes and pay for probation which is like 110 a month i believe... Plus cant get into anymore trouble for anything really or you'll get locked back up)
or
30 days in jail/labor detail. (jail time counts 2for1 tho and labor detail is 1 for 1)
I took the 30 days... They'll let you do weekends, so I did one weekend and the rest in labor detail.
Itll also cost a pretty penny.
Surcharges a year is 1,040 a year for 3 years.
Attorney was 2,750
Court cost/fines 1000ish
reinstatement fees for license 225
Insurance will go up and you will also have to add sr22 to ur insurance for the first year.
Also someone may correct me if im wrong. From what I heard when I was going thru this mess, if you can afford to bail urself out of jail you can afford ur own attorney and wont get one appointed ( a attorney is needed no matter the situation I believe)
My attorney says never do a breathalyzer or blood test... As it will give evidence but thats too late now anyways.
I did a plea bargain and had two choices:
2 years probation (keep in mind with probation you'll have to attend aa classes and pay for probation which is like 110 a month i believe... Plus cant get into anymore trouble for anything really or you'll get locked back up)
or
30 days in jail/labor detail. (jail time counts 2for1 tho and labor detail is 1 for 1)
I took the 30 days... They'll let you do weekends, so I did one weekend and the rest in labor detail.
Itll also cost a pretty penny.
Surcharges a year is 1,040 a year for 3 years.
Attorney was 2,750
Court cost/fines 1000ish
reinstatement fees for license 225
Insurance will go up and you will also have to add sr22 to ur insurance for the first year.
Also someone may correct me if im wrong. From what I heard when I was going thru this mess, if you can afford to bail urself out of jail you can afford ur own attorney and wont get one appointed ( a attorney is needed no matter the situation I believe)
Last edited by slowsrt4; Aug 16, 2009 at 11:51 AM.
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If he blew a 0.08 then he's guilty. The penalties for drunk driving are not nearly severe enough. I'm not suprised that he didn't think he was doing anything wrong. The first thing booze does is destroy your ability to make rational decisions. Like whether or not you're sober enough to drive.
A first time DUI should get 5 years in an 8x10 cell with a hairy backed knuckle dragging mouth breather named Bubba who wants to be your "special" friend...
A first time DUI should get 5 years in an 8x10 cell with a hairy backed knuckle dragging mouth breather named Bubba who wants to be your "special" friend...
I didn't ask for anyones opinion on that anyways so gtfo.
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Thanks for the advice guys. If anyone has any other advice I would appreciate it.
The guy is over 60 years old and is getting ready to retire anyways. I doubt that he wants to go sit in jail. He has the money.
The guy is over 60 years old and is getting ready to retire anyways. I doubt that he wants to go sit in jail. He has the money.
yes i think so. i dont condone drunk driving at all. and if u do harm to another being then yes u shall be punished. but wishing someone something hanus like that if theyre already serving their time is retarded. this thread wasnt posted for dumbass remarks. Juicy J was asking for advice for a friend of his....a friend thats 60 years old that u had wished to be put in jail for mutiple years being raped by "bubba". ur an idiot
and again, GET A LAWYER. i have a couple different cases right now and yes it gets a lil expensive, but itll save ur ***. hes 60 or so you said, so the punishment i doubt will be harsh. but GET A LAWYER, i cant stress it enough.
I think best bet is to do plea bargain and choose 2yrs probation if he don't mind paying for probation and going to classes. Then just hope you don't get a DUI or DWI or charged with anything else for next two years.
Just my 2cent
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The thing is he has the money to pay for all this. He's afraid a lawyer is going to want to keep pushing things back, and draw this out. He just wants to get all this over with.
Is he going to lose his liscense? They gave him his liscense back when we picked him up from jail. Is that normal?
The only reason I think his age might help him, is that he has gone 66 years without getting in any kind of trouble. Its not like this is his 3rd DWI. He made a mistake, and didn't even know he was risking anything. He thought he was just fine to be driving, and I believe that. He is a good Christian man, and he didn't know he was taking a chance. I know for a fact that if he thought he was putting anyone else in danger he would have never gotten behind the wheel.
The thing that sucks is that he wasn't even planning on driving anywhere. My car was at the shop, and I asked him for a ride to pick my car up. When I talked to him on the phone he sounded like he was all there. He got picked up trying to do me a favor. I know its not my fault at all, but I can't help but feel a little bad about it.
Is he going to lose his liscense? They gave him his liscense back when we picked him up from jail. Is that normal?
The only reason I think his age might help him, is that he has gone 66 years without getting in any kind of trouble. Its not like this is his 3rd DWI. He made a mistake, and didn't even know he was risking anything. He thought he was just fine to be driving, and I believe that. He is a good Christian man, and he didn't know he was taking a chance. I know for a fact that if he thought he was putting anyone else in danger he would have never gotten behind the wheel.
The thing that sucks is that he wasn't even planning on driving anywhere. My car was at the shop, and I asked him for a ride to pick my car up. When I talked to him on the phone he sounded like he was all there. He got picked up trying to do me a favor. I know its not my fault at all, but I can't help but feel a little bad about it.
I think the suspensions are different since he didn't refuse a breath test. So I'm not sure if it's the same.
I do know license usually gets suspended after 40 days of arrest date, until you go to court. They give you I think ten days to apply for a ALR hearing and you have a chance of it not getting suspended.
It took me 6-7.5 months to go to court in which my license was suspended with that time. Then once i got the sentencing, judge suspended license for 1 year, but my attorney got the judge to count the previous months before court. So it was only suspended 6months after I got the judgement.
I do know license usually gets suspended after 40 days of arrest date, until you go to court. They give you I think ten days to apply for a ALR hearing and you have a chance of it not getting suspended.
It took me 6-7.5 months to go to court in which my license was suspended with that time. Then once i got the sentencing, judge suspended license for 1 year, but my attorney got the judge to count the previous months before court. So it was only suspended 6months after I got the judgement.