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  #1  
Old 08-14-2006, 08:15 AM
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Angry

2nd DUI/DWI - What Kind of Jail time?


What is the name of your state? Delaware

I am curious as to what kind of jail time my boyfriend will face for a 2nd DUI. In both cases he agreed to the breathalizer. I have no idea what he blew for a BAC. I'm also concerned about the fact that the second time he was arrested there was a fender bender involved, he bumped the back of another car. There were no injuries.

I realize he has serious drinking issues and truthfully jail time might wake him up. I'm at the end of my rope with the situation, and wondering how much an attorney can really do for him. I see a 3rd DUI/DWI in his future if the court doesn't throw the book at him.Is a 3rd DUI/DWI a felony in Delaware? At this point I'm just about ready to give up. Attorneys cost too much to have one on retainer because he cannot stop drinking.What is the name of your state? Delaware
  #2  
Old 08-14-2006, 12:05 PM
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Posts: 33
Im sorry to hear that you're going through this situation. Seems quite unfair that your boyfriend would put you in this situation.

As far as the legal aspect and jail time, I dont know. My husband has 3 DUI's (Not all in the same state) and the most he has had to do was pay fines and serve community service, and he still drinks and drives. I am in the process of a messy divorce at the moment because someone who has so little respect for himself, our children, and I is not worthy of the heartache that these situations cause.

If I could advise anything it would be to get out of the relationship you're in and let your boyfriend face these problems on his own.

Its a very good thing that no one was hurt, the fact that he was involved in an accident at all is almost as horrible as the fact that he was drinking and driving. God knows someone could have been killed, and if jailtime is all that can -possibly- wake this guy up, you deserve much better.
  #3  
Old 08-14-2006, 12:07 PM
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Delaware DUI, Second Offense (within 5 years of prior DUI conviction): For a second offense DUI within five years of a first offense, the Delaware DUI conviction means jail time. Normally, second offenders are sentenced to 60 days to 18 months in jail. If properly handled by a Delaware DUI defense attorney, the 60 days can amount to 6-7 days in custody with the balance suspended. Second offense fines may be as low as $575.00 or as much as $2,300.00. A Delaware DUI educational course will also be required.

Information obtained [URL="http://www.1800duilaws.com/states/de.asp"]here[/URL]
  #4  
Old 08-14-2006, 05:47 PM
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Exclamation

Disappointed


I'm disappointed to read that you can drive completely blasted out of your mind (which my boyfriend was) in Delaware and still manage with an attorney to get 7 days with the blanace suspended. It's despicable considering that he could have killed someone, even more than one person, or child(ren).

As for leaving the relationship, I'm on my way out the door Actually, when he returns from court (or doesn't return if he gets jail) his bags will be packed.
  #5  
Old 08-14-2006, 05:48 PM
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Quote:
Originally Posted by rdmiddle
I'm disappointed to read that you can drive completely blasted out of your mind (which my boyfriend was) in Delaware and still manage with an attorney to get 7 days with the blanace suspended. It's despicable considering that he could have killed someone, even more than one person, or child(ren).

As for leaving the relationship, I'm on my way out the door Actually, when he returns from court (or doesn't return if he gets jail) his bags will be packed.
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