Complicated Dui Situation (help?)

[ComplicatedDui]

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


Ok, so first let me give you a little background information.
I have had 2 DUIs, but wait, the first dui got dropped down to some traffic violation because of some clause i plead. When I got the second one they didnt know about the first DUI, and for the second DUI i plead Youthful Offender(YO).
The second DUI gave me probation for 2 years, unmonitored, which im still on during the time of the third DUI.

So now i've run into my third dui a few days ago... I'm like 99% sure I have to do a minimum of 30 days at county jail due to violation of probation (I'll call my PO to be sure). I'm wondering what kind of other legal trouble im looking at though, are they going to treat this as a first offense? or will they treat it as a second or third since im on probation? I know my license will be suspended for 3 years because the DMV doesnt really work through the courts.

So anyone know what's going to happen to me ?

 

[MrMiyagi]

I'm no Nostradamus but I predict that you will kill someone and go to jail for life.

Others will come by soon with legal advice but I advise you to QUIT DRINKING.

 

[FlyingRon]

As far as criminal sanctions, I think the YO still doesn't count as a conviction even if you broke probation. You'll have the Probation Violation and this would be your second offense (from the first not-YO DUI). HOWEVER, the statute does give the DMV the right to count your YO conviction against you because of the subsequent DUI conviction.

 

[ComplicatedDui]

Actually the first DUI doesn't show up as a DUI, it shows as a "Traffic Violation". So, you are saying the YO won't show up either, even though I'm on probation for it? What if they ask me why I'm on probation? Even if I tell them its from a DUI they can't charge me as a second offender right?

I'm really nervous about going to county jail for a minimum of 30 days, that's no cake walk. Though I only have myself to blame, if you can't do the time, don't do the crime, I suppose. Also, 3 years of not being able to drive is insane, and rather not think about it.

The arresting officers are going to recommend me for community service and a minimum fine, if they can (so they say).

One more question: when I was arrested they didn't even know I was on probation, shouldn't they know these things?


P.S. on the DMV thing, how can they even take my license away since technically i Don't have a DUI on my record at all ? (the first dui being a traffic violation, and the second being YO). Should I be fighting with the DMV or just let it go and deal with the more important things first

Thanks for the quick replies

 

[justsomeguy]

I know you don't want to hear this right now, but it sounds to me like you need to take care of this problem before you kill someone, yourself, or go to prison.

If you're still drinking in the face of all the problems that it has obviously caused you, I think it's safe to say you have a problem.

I'm guessing you've told yourself you would quit before, but then decided that was silly and that you are an adult, and there is no reason to stop.

How many times have you done that?

I would highly recommend you talk to some great people that have been in your shoes and can give you advice on how to turn your life around.

One thing I found in AA is something you cant hardly

find anywhere else, I wish you luck.

 

[ComplicatedDui]

well, I'm not entirely convinced I have a drinking problem, I just have a tendency to want to drive home after a long night of drinking. In my defense it was spring break for the last dui :/

 

[Isis1]

well, I'm not entirely convinced I have a drinking problem, I just have a tendency to want to drive home after a long night of drinking. In my defense it was spring break for the last dui :/

that defense, is so full of cow chips. dude. you have a drinking problem. you are drinking when you create these problems. you are not controlling a drinking problem. i'm amazed you haven't killed yourself yet.

you know why i say this? cux i did my stupid DUI too. i slammed my car into THREE parked cars. i physically hit one. my engine was INSIDE the trunk of a saturn. and that saturn hit a SUV. and that SUV jumped forward and hit a van. all four cars were towed from the scene. i walked away with 2 broken fingers and a few bruised ribs.

i won't be doing that again. you know why? cuz i sit my fat butt at home to drink. or i take a cab there. which forces me to take a cab back. and yeah, i'm the anal party goer that will not allow ANYONE to drive after they been drinking. ask the last person that came to hang out in my home. he wasn't allowed to get his car until the next day.

be smart about it. you KNOW you drive home, give your keys to the bartender. take a cab. there are so many other alternatives out there.

 

[CGRAY]

well, I'm not entirely convinced I have a drinking problem

DENIAL -
de·ni·al   /dɪˈnaɪəl/ Show Spelled[dih-nahy-uhl]
–noun
1.an assertion that something said, believed, alleged, etc., is false: Despite his denials, we knew he had taken the purse. The politician issued a denial of his opponent's charges.
2.refusal to believe a doctrine, theory, or the like.
3.disbelief in the existence or reality of a thing.
4.the refusal to satisfy a claim, request, desire, etc., or the refusal of a person making it.
5.refusal to recognize or acknowledge; a disowning or disavowal: the traitor's denial of his country; Peter's denial of Christ.
6. stating you don't have a drinking problem after 3 DUI's
7.sacrifice of one's own wants or needs; self-denial.
8.Psychology. an unconscious defense mechanism used to reduce anxiety by denying thoughts, feelings, or facts that are consciously intolerable.

 

[ComplicatedDui]

You're probably right.

Is my probation agreement (30 days in jail) permanent, like can the judge see it fit that I do something else instead?

 

[41tellthetruth]

Wake up

I hope you do spend some time in jail over this. Not because I'm mean or wish bad things for you but because you are in denial. Maybe 30 to 90 days in jail will open your eyes. Three DUI's would equal a felony in most if not all states. Meaning you would be going to prison instead you have somehow manages to avoid even any significant jail time up to this point.

"well, I'm not entirely convinced I have a drinking problem,"

Guess what I'm convinced you do have a problem. Address it now before something happens that changes your life forever