What can I expect to happen in this case?

[ilithios]

What is the name of your state (only U.S. law)? Colorado

I just want to have some expectation of what will happen in this case and thought maybe someone familiar with the law and/or court system might be able to help me. I'll explain the situation in depth so people can give the best advice.

About six years ago, I was pulled over and accused of drunk driving by the officer. I had a couple beers but was not drunk. I was speeding, however, which is why I got pulled over in the first place.

I was having a lot of trouble with panic attacks around that time in my life which can cause my brain to kind of shut down and probably act a little drunk. Being pulled over triggered a panic attack. Anyway, I took a road side test and the officer asked me to take a breathalyzer. I did not take it. I had drank some beer right before getting in the car, and I am aware that alcohol still in one's mouth or whatever can fool a breathalyzer into registering a much higher BAC than the person actually has, so I refused the test.

He took my license and I was placed in the back of the police car. At that point I started crying due to the extreme panic from the panic attack and the situation, and I'm sure that probably convinced the officer I was definitely drunk even if he wasn't convinced before. The officer drove me home and released me at my house and gave me a paper with a court date on it. The problem is that I was starting a new job in another country in one week so there was no way I could go to the court date. I told the officer this, and he basically said there was nothing he could do about that and that I had to go to court on that date on the paper. Obviously I didn't because I wasn't even in the country.

Now it's six years later and I have not been back to the USA since I left. I am considering moving back some time within the next few years, though, and when I go back would like to handle this situation. I know there is a warrant out for my arrest because I have called the court and asked them. What I will likely do is just go there and turn myself in and the court has told me that they will schedule a new court date for me once I do that.

I just want to know what I should expect to happen after that. Is there any possibility of convincing the court that I was not drunk? I can understand that the officer thought I was drunk because there was probably alcohol smell on my breath and weird behavior due to a panic attack, so is there really any hope of convincing them otherwise? I don't really have the money for a lawyer, either. In your opinion, what is most likely going to be the outcome of this case?

I should also probably mention that about 15 years ago, I went to court for a DWAI and was convicted of something although I don't remember exactly what it was. My state criminal background check is completely clean. I have had to get it plenty of times for my current job and there is nothing on it. Where would that DWAI show up in my record if not there? Maybe it was plea bargained down to something else? I don't actually remember because it was so long ago, but I know I had to go to alcohol classes and community service. So actually I don't know for sure but there may be a DWAI somewhere on some record but I don't know where.

Thanks for any thoughts.

 

[swalsh411]

If you don't have money for an attorney then you don't have enough money to move back to the US. If coming back to the US is important, then you need to stay where you are and save up. It's part of your relocation expense now due to your poor choices 6 years ago. A court date is not something you attend if it fits into your schedule. It's something you must be at if you don't want to screw up the rest of your life.

Essentially, you ran away and never resolved your legal issue, and now you think there is a chance in h*ll you get to just walk away from that?

I find it very difficult to believe that, with several years notice, you are not able to save up for an attorney by either cutting your bills or getting another job.

The most likely outcome for you is a DWI conviction, or maybe some sort of diversion plan. But I wouldn't count on that. Most Judges don't look kindly on fugitives. As to your FTA, well that is something you should discuss with your attorney.

P.S. Drop the "panic attack" nonsense. It doesn't matter.

 

[dave33]

ilithios, The whole court procedure to answer for the charge is down the road, your concern now should be turning yourself in and hopefully getting released on bail. You should talk to a bondsman and hope the judge does not set a cash only bail.

 

[princymelba]

The penalties and punishments may vary from state to state. All drunken driving offenses have maximum of jail sentence. But, for the first offenders it is only lesser punishments like Fines, driving license being cancelled, Mandatory attendance of AA meetings and driver’s education classes etc. After this an “ignition interlock” device will be installed in the vehicle for the driver requires passing a Breath Test in order to start ignition. This is only for the first time offenders. If they have been found again for a drunken driving offense, the result is DUI conviction.. Be careful with your state.. I don't think you can get out of this case very easily...