Help!!! First Dwi Or Ticket Ever And I'm Nervous :(

What is the name of your state? Minnesota

Last night, I was pulled over for going 7 over on the highway and ended up blowing a .13 The cop was super nice about it and didn't cuff me or anything and let me have my phone and charger in the car with me to use. He also didn't make me post bail/bond and he got me pushed through jail within an hour. I wasn't coming from a bar or anything, and he seemed to believe me that I had stopped drinking 7 hours ago, but some was still in my system because I didn't eat all day and I'm also super small....barely 100 pounds, and didn't appear drunk at all...I passed the road tests and all that.

I am wondering how likely it is that I will get jail time for my first offense. I have never had any tickets or previous arrests at all...and I was not charged with speeding or reckless driving or any of that....

I work a full time job, and have always been super straight laced....i graduated college when i was 19, volunteer often, and am active in my church.

My court date is in a month...I am wondering what I should do to prepare for it, and whether I even need an attorney. I plan on just pleading no contest because I know I deserved the DUI, and I just am wondering if it's likely that I will just get the huge fine and restricted license. Everyone else that I talked to who was a first-time offender with no previous arrests just got that, as well, but I am still really really freaking out here

Thanks for any advice you can provide....

Every state is different, but I'd imagine you'd be facing minimal penalties. However, a penalty is a penalty, so it won't be easy.

BigMistakeFl

It is very improbable that you would register a BAC of 0.13 had you stopped drinking a full seven hours prior to being tested. Here's one of many BAC calculators available all over the internet: http://www.ou.edu/oupd/bac.htm


Court penalties:
$1,000 fine and/or 90 days jail

DMV:
90 days for a person with no qualified prior impaired driving incident within the past ten years and no other aggravating factor was present in the current incident (reduced to 30 days if the person is convicted and has no prior implied consent revocations or DWI convictions)

Normally, I'd say that you aren't likely to get any jail time for a first offense. I still believe that, but someone on this forum said that Minnesota is tougher than most.

You need an attorney.

Yes the sanctions are probably minimal, but even some additional mitigation can be done, but you have to ask for it. An attorney can help you do this. The fact that you are under 21 AND blew a relatively high BAC are working against you.

Correction - I am 22 years old...sorry if my post gave off the impression otherwise.

If I do need an attorney....but I can't necessarily afford one at the moment, can the state provide one for me? And how do I go about doing this?

Get an attorney. if you can't afford one, a public defender will be available, but I do not advise one. Do what ever you can to obtain one yourself. Talk to one about making payments - One that you get yourself is going to do more for you.
I myself just went through this. First time in trouble ever, pulled over for not completely stopping at a stop sign and blew a .09 in Maryland.
I obtained an attorney and this is what he told me to do BEFORE going to court:
1) Find and enroll in an alcohol education class. Depending on your evaluation, you will be put in either a 12 or 24 week class. These can usually be found through the county where you live and payments are based on your income.
2) Join MADD or some other alcohol awareness group
2) Attend a Victim Impact Panel meeting (Call MADD - They will be able to tell you where you can register for this meeting)
The point of doing all this is to show the judge and the court that you are sorry and remorseful. Usually first time offenders don't get jail time. They usually get probation (all the things I listed will probably be part of your probation requirements) you will have to pay a fine (Mine was $458) and some judges may require community service.
I was lucky - By the time I went to court I had finished all but three alcohol classes, had already attended the Victim Impact meeting, joined MADD and I also completed an 8 hour DUI/DWI driving course. I received a $458 fine, 6 months of unsupervised probation (only thing I have to do to satisfy probation is finish my three classes) and received probation before judgement. In Maryland for first time offenders, if a PBJ is granted and probation requirements are met, there is no conviction and it won't go on my record. I don't think your state has such a diversion program, but an attorney will be able to instruct you.
Lastly, don't drink and drive. Period. It's not worth it. I won't get behind the wheel if I have had just one sip. I learned my lesson.

Thanks for you advice. I have spoken with some attorneys, and they are just telling me about the options that I have, most of which you very kind people have already notified me of in these forums. I have already joined a MADD group over the weekend, I plan on attending a Victim's Panel meeting, and I will look into going to alcohol education classes. Thanks so much for those tips! I am just wondering if the alcohol education classes will make it seem like I really do have a problem with alcohol. It was an honest mistake...I rarely drink and I whenever I did, I have ALWAYS had my boyfriend or his younger brother (who's 20 and doesn't drink) drive us. I had stopped drinking a few hours before and since I only had like 3 drinks total...I totally thought I was fine. However, I had not eaten all day because I was stressed with work and school.

I don't plan on pleading not guilty, and our state (unfortunately) does not have a diversion program. I really just want to get this over with, and after reading multiple posts and consulting friends who had friends with DWIs before, it seems as many people do not get jail time on their first offense, especially with NO priors at all (not even a ticket or pulled over before!!) or any aggravating factors in the arrest.

Therefore, I have three more questions....

1) Can I meet with the DA ahead of time to just make a plea of guilty and see what they offer me as far as punishment (or recommendation to the judge)?

2) If at trial, I go in without an attorney, and the DA requests jail time...can I ask for an extension, and then get an attorney then? I make good income...I just really don't have the money right now because I am 22 and I have tons of student loans being due exactly this month

3) Will I really be at a loss by not having an attorney...I don't qualify for a public defender, nor can I really afford one at the time...nor do I care to fight this because I know it will be hard to get it lower than a DWI anyway in the state of Minnesota. I have a 2-yr paralegal degree in addition to my bachelors and post-grad work now...I have researched many past cases over the weekend, and now what I can ask for as far as deals and what I can be offered. But, like I said, I just really want to avoid jail.

Thanks for any info you can provide....

I don't suggest going to court without an attorney. Some judges won't even let you go through without one. You should really try and hire one that will accept monthly payments. When I was arrested, the police officer even stressed to me how important it was to get an attorney.
My attorney gave me great advice and also talked to both the arresting officer and the DA before we went to court. The deal was already made and I was there just for the formality. Like I said before, I was very lucky, but I also did everything I was told to do. I also learned to never EVER drink and drive again. I, like you, had quit drinking two hours before I drove and thought I was fine to drive. I still blew a .09. Women, (smaller women it's even worse) I have learned do not burn off alcohol like men do. I am fairly small as well and know that even though I had quit drinking, it was still in my system.
I live by one rule now and don't waste my time trying to calculate how many drinks I can have until I am over the limit. Here's my rule: 0 + 0 = 0. Zero drinks plus zero BAC = Zero arrest and jail time. If you don't drink and drive, you don't break the law and end up in trouble.

Thanks for your advice again....if I can ask, how much did the attorney cost you?

My attorney was awesome and only charged me $800. (My husband and I became great friends with him and his wife and have actually spent time together on their boat!)
You have to remember though, I was arrested in a small town in Maryland and this was my first offense. My case didn't require alot of work on his part (I don't think)
He told me all the things to do before I went to court (I listed all these things in my other response) he then went to the DA and the police officer and made the deal.
Some lawyers assist you with the DMV administrative hearing so you can maintain your driving priviledges (usually restricted) during the admin suspension period, but I didn't need his help. I live and am licensed in Virginia and didn't need to keep my driving privledges in Maryland. You may want assistance with your Admin DMV hearing.

similar situation

I am in a similar situation as anneanne1... I was arrested coming from a friends place and had a couple glasses of wine. I stopped drinking and thought i was ok as well.. but i guess not. I blew a .09 and have had no priors and no aggrevating factors. The cop didnt even tell me what i was doing wrong to get pulled over, but after reading a lot I guess they can pull you over for the slightest things. I am terrified of what will happen to me. Mainly jail time.. and I know that a first time can get up to 90 days in jail. I do have an attonery, but am still terrified. Can those of you who went thought this share your punishment and what your arresting factors were? I am dying in misery here.

BigMistakeFl

Yes the judge has the authority to hit you with jail time. But for a first offense DUI, low BAC, decent driving and clear criminal record, jail is not likely. Usually you will end up with fines, probation, license suspension, DUI classes and possibly community service.

How likely is it that you will get alcohol education classes? Any people I know of through friends of friends haven't received these in Minnesota...and I'm wondering how likely it is that I will get these, since I know they can be costly I already got an alcohol assessment and it showed that I am at negative risk for reoffending...becoming an alcoholic, etc...and that I am a "low-risk" drinker...and I am already volunteering with MADD and attended a victim's panel...all three weeks before my court hearing. I would really like to avoid these, as I work a full-time job, am taking 3 classes a semester at night, work weekends as a tutor during the mornings, and volunteer during the afternoons, and also work odd-promo/temp jobs two nights at week...if I explain this to the DA, is there a chance I won't get the alcohol education classes? I have taken all the steps to show that I am not at risk anymore...I am accepting that I made a horrible mistake, but it really was just a one-time isolated event. I never hasseled the cop, I was processed right away, and there were no aggravating factors...and absolutely no violations on my record...not even a parking ticket. Please let me know what my chances are

Also, just for an FYI - how much do these classes usually cost, and how long do they last...etc., when do i have to take them, and within what time limit from my court date?

Thanks so so so much for all the excellent advice you all have been giving me too....it means a lot to have you guys help me with this...thanks again.

Also...ScaredMN...are you over 21, and where in Minnesota were you arrested? Do you have any priors? And what is your attorney planning on doing for your case...getting your charges dismissed or anything? And lastly, when were you arrested??

My friend was in a similar situation...he hired an attorney for his first offense, he blew like a 0.11, and his attorney just got it reduced down to a DUI, but I think in Minnesota they only have DWIs now...not DUIs anymore, but he did not get any jail time or probation, no community service, and no alcohol education classes. He just had to pay about a $600 fine, $680 to get his license reinstated, and $300 in court costs, and that was it. I think you should be in a similar situation, if you have no other aggravating factors and a clear record. I am just a bit more nervous that you I think because I am going in without an attorney, mainly because I cannot afford one at this point. I am not planning on getting out of the charge, I just want to move on...and just avoid jail time and hopefully no alcohol education classes (read my post above.... ).

But I think you should really be fine. I had talked to a few attorneys about my case, and they said that since I blew a 0.12, 0.13 I really can't get my charge lowered, but they said that the county I was arrested in wasn't terribly hard on DUIs as other counties were in Minnesota, the officer wrote a good report, and there weren't any aggravating factors, and I have a perfectly clean record. Plus I will be able to show the DA that I'm productive in society, I already volunteer a lot, and I am truly remorseful for my actions...by already attending the Victim's Panel and volunteering with MADD, and also my entire life indicates that I am not "falling into the trap of alcohol."

I am just hoping to meet with the DA ahead of time to discuss this with him and hopefully we can work on a deal. To all the advice givers, I heard that you can meet with the DA ahead of your court time on the day that you go to court? Don't they just have like 30 people or so scheduled for the same time and they just go one-by-one since I am in traffic court, but you can meet with the DA before you "go into court."?

Thanks so much again!

I am 23, and I was arrested in Ramsey county near the airport. I have had no priors, no traffic violations and not even parking tickets.

My attorney still hasnt even gotten my police report and i got arrested over a month ago. I still need to talk to him and see how the trial and pretrial will go. I wasn't going to get an attorney but was advised to do so.. and mine was ridiculously expensive. I was just so worried that i didnt really shop around... but its done.

I am in the same boat.. totally fine to drive. I complied with the officer and everything. I even corrected him when he started filling out one of the forms incorrectly so I know that I couldnt have been that impared.

I don't know much at this point about the legal proceedings.. but I would be more than happy to post them here since you do not have legal assistance if you could post what is happening in your case. Can you give me information about joining MADD and the victim's panel.. I would like to do somethings to prove how truly sorry i am. Thanks.