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First-time DUI - Full Account

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nzc

Junior Member
What is the name of your state? Florida - Brevard County

This is a detailed account of my DUI experience meant to be an aide for those who just got one and have no idea what's going to happen. The legal system does a good job of keeping you in the dark about the consequences of this particular offense, so if you're a responsible person that's concerned about their finances and/or career situation after a first DUI, this should be helpful.

ARREST:

I believe the police followed me from leaving the bar because I got pulled over for "no tag light" (the light over your license plate). The police gave me a sobriety test and they knew I was drunk, and arrested me. I blew a .23 and a .236 when I got back to the station. Then I spent several hours sitting there, sitting in the paddywagon, getting transferred around at the jail, then finally landing in a cell.

JAIL:

The worst part about the jail was that I had no idea what was happening. They never tell you how long you'll be there or how to post bail or any other information you should be entitled to as an citizen. After being in jail for ~12 hrs, there was finally good news when they called my name on the speaker to be let out; my friends bailed me out. It took probably another 2-3 hours for them to shift me back through their ridiculously inefficient system to a point where I was actually let go.

UP TO AND INCLUDING COURT:

Starting off, I paid $220 to get my car out of the impound, and fortunately the ticket served as a 10-day temporary license so I could drive and try to get as much done as possible before my actual suspension. MY BIGGEST DECISION WAS WHETHER OR NOT TO HIRE A LAWYER. The minimum price I found was $2500, which would nearly double the cost of the entire ordeal. I met with one lawyer, Steven Casanova, who was very straightforward and seemingly honest with me. He basically stated that, at the level that I blew it would simply be "damage control" for him. He told me that I might get the exact same consequences from the court as I would if I didn't hire him. It was a very hard decision to make, because there's no way of predicting the outcome; but finally, I CHOSE NOT TO HIRE A LAWYER.
The grayest area was the 30-day waiting period for the hardship license. I went to the Administrative Hearings office on Bab**** St. first to find out about my hardship license. I was told that I needed to sign up for the DUI class and get court papers before I could apply for the hardship license. I went to the Florida Safety Council on Elizabeth St. and signed up for the DUI class; then drove to the court house on Apollo and got my court papers. I went back to the Administrative Hearings office and was told this time that I had to wait for 30 days to apply no matter what (this is 30 days after the 10 day temporary license), and I had to go to court first. I didn't get this at all because they had just told me otherwise. I MAY HAVE MISSED OUT ON HAVING MY LICENSE FOR A MONTH BY NOT HIRING A LAWYER, but I'd rather part with my license for a month than pay $2500, and I don't think that anything else would've changed that much.
I went to court in Viera about a month after my arrest and decided beforehand to plead guilty. This is another area where there's no way to prepare (unless of course you hire a lawyer). The law states that 1st offense DUIs can get UP TO 6 MONTHS IN JAIL, which scared the **** out of me. When I went into the court room, I was very lucky that the county prosecutor was helpful and kind. She knew that some of us had no idea what we were doing. They offer a free public defender, but in my case it didn't seem necessary, especially because they just give you another court date and I wanted to get everything over with. The prosecutor basically told me what my sentence would be and assured my I wouldn't be going back to jail. I stood in front of the judge and plead guilty and it was over in a couple minutes. The "UP TO 6 MONTHS IN JAIL" IS A TECHNICALITY that probably only applies to people who get into accidents/hurt other people/etc.

CONSEQUENCES:

50 hrs community service, DUI class, victim awareness class, ~$700 in court fines (the $500 bail is subtracted from this), 12 mo probation (only 6 mo if all conditions are met, $60/mo), 10-day vehicle immobilization ($? not sure yet), 6 months license suspension. Also, later I was assigned alcohol treatment classes by the DUI class evaluation (14 AA meetings, 14 group meetings, and 3 individual meetings, $421 total) and an IGNITION INTERLOCK DEVICE (the thing you blow into to start your car, this is ~$150 to install, and ~$60 per month to calibrate, which equals over $500). These last two non-court-assigned consequences were SOLELY DUE TO MY BLOWING OVER A .20. And, the fact that I had to have the interlock device meant that I WOULDN'T BE ABLE TO RIDE MY MOTORCYCLE FOR 6 MONTHS.

HARDSHIP LICENSE:

The uncertainty and unpleasant surprises didn't end after court. My next step was to get my license back. I had to finish waiting the 30 days, then finally went back to the Administrative Hearing Office. That's when I got the unpleasant news that I had to get the ignition interlock device before I'd even be able to have my hearing for my hardship license.

DUI AND VICTIM AWARENESS CLASSES:

It was 4 hours on a Friday evening, then 8 hours the next Saturday. It costs $220. They do exactly what you expect: stand there and repeatedly tell you that "drunk driving is bad, mkay." Victim awareness class was the same as DUI Class, but only two hours and only $70.

ALCOHOL TREATMENT:

This is an even bigger joke than DUI Class (unless you actually have an alcohol problem). You go in every week and sit there and listen to other people talk about absolutely nothing. It's like kindergarten without the curriculum.

IGNITION INTERLOCK:

What I didn't realize is that the INTERLOCK DEVICE IS REQUIRED FOR 6 MONTHS TOTAL, NOT 6 MONTHS AFTER THE OFFENSE; SO GET IT ASAP IF YOU HAVE TO. I went to the location on North Dr. in W. Melbourne to get it installed.

PROBATION:

This is basically a complete joke unless your totally stupid, or if you're an actual criminal. You pay them $60 a month to drive all the way to Rockledge and go in for about 3 minutes and say the exact same thing to the probation officer that you did a month before.

They assign you a color that randomly comes up for drug/alcohol screen. There's a number you call that lists the colors for the next day who have to get tested. I tested positive for alcohol the time that my color got selected, but they never mentioned it at the probation office.

COMMUNITY SERVICE:

I wanted to work on Sundays and Wickham park lets people work any day of the week, so I chose there. I think it was a good choice because the people are nice and you get to be outside. Also, since Sunday is the busiest day at the park, they don't really do much and I mostly spend all day riding around in a golf cart, occassionally changing trash.

VEHICLE IMMOBILIZATION:

I haven't done this yet, but I think it'll probably cost around a couple hundred.

CONCLUSIONS:

I think the total cost will be around $2500-$3000 total. Once again, unless there's a chance in court, I wouldn't hire a lawyer. If you did it and you were drunk, just plead guilty and take what they give you.

OKAY, I've tried to remain objective this whole time. Now I'm going to take a moment to be candid. DUI laws are TOTAL BULL****! There is absolutely no reason why anyone should be treated like such an invalid for having never caused harm to another person. There are people who drive while on their cell phone more recklessly than I've ever driven drunk. And if they got pulled over, they'd get a small fine. The way that sympathy media plays out in this nation is one of its biggest downfalls. Everyone knows that you can drink a beer and drive just the same as you did beforehand, but now with these new crackpot laws, even if you a blow a 0.01 they can arrest you if they feel like it.

And for all you self-righteous jackasses out there who say "well, if you'd never had a beer, then you'd have nothing to worry about" or "you may not have hurt anyone, but you were putting them at risk by driving after drinking" or any other bull**** head-up-your-ass line you can think of, I have some suggestions for you: don't pretend you've never done anything wrong; learn the term "scapegoat" and learn why it's a bad thing; not allowing yourself to have fun doesn't make you a better person OR more responsible. It really irks me when people come on these forums just to tell people that they deserve these obscene consequences.

Quick fact: the founder of MADD left the organization because she realized that the organization was influencing legislation to stop driving after drinking, not just drunk driving. THE WOMAN WHO STARTED MADD LEFT BECAUSE THEY DEVIATED FROM THE ORIGINAL PURPOSE. Reasonable people can acknowledge that these are some one of the most inappropriate laws in America, but it's a successful way for useless people to make a lot of undeserved money (DUI counselors, probation officers, bored police officers, ignition interlock personnel). That's my two cents.

I really really hope this has helped anyone who needed it. I was uneasy, confused and very worried for a few months after this happened, so if this can help anyone feel better and more sure-footed, then I achieved my goal.

What is the name of your state?
 
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paguy88

Member
drunk driving should be illegal.

1. you COULD kill yourself.

2. you COULD kill someone else...



however the means that police go thru to get people are unfair and in some situation I do not agree.. such as DUI checkpoints...

the issue for me in a way is the guy who gets blasted every weekend drinks a half case of beer and drives... vs the husband / wife who is out for dinner has a bit too much to drink....and has no idea HOW TO DRINK(which is where much of the problem stems from) what the laws are or does not realize what the penilties are for DUI... they are normal law fearing citizens

the guy getting drunk every weekend does not care what the law is... more often than not.. they just figure they will get caught some day or just plan dont care until it happends.

... the husban/wife out for dinner does not want to commett a crime... but may do so by using poor judgement not understanding how to drink.. and the arrest/ convition is not the worst part losing there job is.... thats what I have a problem with.. they are treat both the same in a criminal court and too me there is a differance... not in the courts eyes but in the real world beyond the criminal court system there is...

also I had seen a interesting stat that says if you get a DUI 50/50 shot you have a boozing problem....

I can see it form both sides... I had a cousion killed by a drunbk driver and I had a good decent hard working friend get a DUI(ARD got him out of it) .

funnny thing is I see in the summer time on the news stations and read in news papers. Police are having a DUI check point this weekend in the north part of town... drunk drivers beware...

I never see on the TV news or news paper the police/DA office are teaming up with say a local university in a effort to show people exactly HOW TO DRINK and be safe(this could be that 12oz beer =.02 per hour or using a DD what ever) and the effects booze can have on you.(I am sure in some communities it happends but not here). There is a right way to drink... lets not forget each state says it is legal to drink and driver just dont hit the magic .08.... why not reach out to the communtiy and educate people on the effects drinking has on the body and what to do and what not too do...

you know most people will say 'I am ok to drive" because a high % of people who drink are what are classified as Harmful drinkers.... not drunks but harmful drinking. The issue in part is the general public is now consider social drinking what the clinical term for harmful is... why? most people are not educated on drinking..... big differance...

that's the problem that's not as sexy as busting people running up the numbers for DUI and making no effort to help people understand... what the issues penalties, etc are..

I see no effort in my community.
 

garrula lingua

Senior Member
Most people have passed out by the time they reach .23 (almost three times the legal limit).

Impaired driving is illegal.

You can put cell phones in that category also. However, alcohol is a common element in many accidents/vehicular deaths.

nzc, the 'up to six months of jail time' refers to the maximum sentence the Judge can give.
This means that, for the period of probation (? yours is one year) you have six months of jail hanging over your head if you violate probation.
(When you tested positive for alcohol, that should have been a probation violation (were you ordered by the Judge or Probation/alcohol class, to abstain from all alcohol ?). You really want to test clean for the next year (the ignition interlock device will also require that)).
 

BigMistakeFl

Senior Member
BigMistakeFl

To the OP: If you had a Florida license, you passed a written exam which means you studied the license handbook and correctly answered questions on the exam about DUI laws in our state. Included in those it is clearly stated that once arrested in Florida for DUI, you spend exactly eight (8) hours in jail before you can be bailed out.

You probably forgot that part.
 

PJ Weber

Member
I never see on the TV news or news paper the police/DA office are teaming up with say a local university in a effort to show people exactly HOW TO DRINK and be safe(this could be that 12oz beer =.02 per hour or using a DD what ever) and the effects booze can have on you.
The NEVER show students 'How to drink', that would be irresponsible. They show the students the facts on how alcohol affects the body, and the ability to judge situations

It doesn't matter 'how you drink', what matters is that even after one drink of alcohol or alcohol beverage your driving ability is impaired

Personally . . . I think that ALL drivers should lose their license permanently after their first DUI . . . that would send a tremendous message
 

Zigner

Senior Member, Non-Attorney
Personally . . . I think that ALL drivers should lose their license permanently after their first DUI . . . that would send a tremendous message
Along with a $5,000 minimum fine and 90 days MANDATORY jail, without early release...then we'd start seeing drops in the DUI #'s... ;)
 

paguy88

Member
The NEVER show students 'How to drink', that would be irresponsible. They show the students the facts on how alcohol affects the body, and the ability to judge situations

It doesn't matter 'how you drink', what matters is that even after one drink of alcohol or alcohol beverage your driving ability is impaired

Personally . . . I think that ALL drivers should lose their license permanently after their first DUI . . . that would send a tremendous message
I 100% disagree

WHy

EVERY state says it is legal to drink and drive... if it is irresponsible why do states make it legal?

maybe one drink does hinder your ablity to drive I can agree on that.. like a long island ice tea DUH that will mess you up whats that have 6-7 shots in it..

one beer odds are that would effect next to no one...

its does matter 100% how you drink that is what determins your BAC..

HENCE people dont know how to drink.

and I dont mean just students.. I mean adults as well...
 
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paguy88

Member
Along with a $5,000 minimum fine and 90 days MANDATORY jail, without early release...then we'd start seeing drops in the DUI #'s... ;)
no you won't

why?

somehting like 60% of people dont know that jail is even a punishment...

second people get there licesne suspened all the time and they still drive... nothing really to stop them

I would prefer a zero tolerance for all...

that sends a clear cut message..
 

nzc

Junior Member
blah

I expected all this zero-tolerance jibberish, but i couldnt post my experience without throwing in my opinion.
just to elaborate a little, I WAS drunk, I admit it, and that's illegal, so I broke the law (however I wasn't driving poorly, the police followed me for awhile waiting for me to do something wrong, but had to settle for the tag light). What perturbed me more wasn't that I got into so much trouble as much as some of the other people I encountered who got into so much trouble. For instance, an MD cancer specialist was in my DUI class who had gotten his DUI for blowing somewhere around 1/2 the legal limit. So, technically he wasn't breaking the law, but the police arrested him anyway and he got a DUI. Obviously, an upstanding person got screwed by pigheaded racist police (he was Indian). Why even bother making a legal limit?

Also, what do you mean by "zero-tolerance"? Does that mean that even a .001 would get you in jail? If so, I have a question: have you ever had a drink? The average person can have a beer and drive perfectly fine (once again, not defending my case here, I admit I was drunk), so why make that illegal? Why make everyone afraid to drink, even if it's responsibly? If there is so much anti-alcohol sentiment, why not just make it illegal instead of making millions of dollars off strict regulations on it? Why not outlaw bars? Most of the time you have to drive to get there.

These "statistics" that people use are skewed because no one can measure how many people drive after drinking and don't hurt anyone or break any laws. There are people who are reckless and dangerous when they drive drunk, but there are many more people who have had a/some drink(s) and are not a hazard. Unfortunately these innocent people sometimes are arrested and have their lives put into a state of upheaval. I'd hate to think what it would be like for someone in the lower or even lower-middle class that had to deal with the excessive time and money expenses of a DUI.
 
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