2nd degree DWI, 2nd offense, High BAC, need CD Eval advice

[UnnamedPlayer]

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

I recently got hired, and I was celebrating at my house. I drank a whole 750ml bottle of vodka within an hour and a half, and my friend called me and told me to go to a restaurant with her.

I got in my car and started driving. After I made a turn at a stop sign next to my house, I realized that I was in no condition to drive, and I turned around and started to drive back home. On my way back, when I was turning into my street, there was a US Postal Service mail truck with a mailman in it at the stop sign. While turning, I clipped his front bumper and crashed my car into a snow bank (this was in the winter) because I lost control of the car. The police came and I got arrested for DUI.

I only found out why I got arrested after I got a copy of the crash report from the police. I also had no insurance on the car.

Anyway, I talked to the City Prosecuting Attorney and they said they are going to charge me with 2nd degree DWI. This is my second DWI. I had one in 2008 which was 4th degree. I found out that the police took my urine and sent it to a lab, and it came back with a BAC of 0.27.

I am going to hire a lawyer to keep my punishment down to a minimum. I really don’t want to lose my job because of the jail time I’ll have to do. I’ll probably get probation for this too.

My lawyer said I should get a Chemical Dependency Evaluation and do whatever they recommend.

I have two places where I am thinking of getting my CD Eval at. One of them is a private chemical abuse clinic, and the other is to get one at the County’s office.

I have already been to both of these places to get a CD Eval for my first DWI. The private clinic suggested that I do a 12 hour class and that’s it. The County assessor recommended I get into a 72 hour outpatient treatment program (which I did get into but I got discharged half way through because they didn’t think I needed their treatment.)

My question is, if I want to judge to be lenient on me and if I get a CD Eval even before I go to court, which place should I go to? The Private clinic which won’t recommend a treatment program but only a 12 hour class, or the County that will probably recommend a 72 hour outpatient treatment program.

I am afraid that if I go to the Private clinic, and get the easy treatment option, then my probation officer will think that is not enough and will want me to go to the County and get into treatment. If he doesn’t think the Private clinic eval is enough, then I will have wasted my time and resources in the first place and will have to get another eval.

Please suggest where to go, and what to do? I am afraid of losing my office job (don’t require driving.)


Thanks much.

 

[dmcc10880]

Do what your attorney says.

 

[UnnamedPlayer]

Do what your attorney says.

My attorney says "do whatever you want". He's a pretty good attorney with very good reputation, but he isn't helping me decide if I should go to the private assessor that might recommend about a 12 hour class, or a county assessor that would recommend 72 hours.

I don't know what my PO would say. He might say the 12 hours is not enough and the court might make me get into a real treatment, so I want to get it right the first time.

Based on the circumstances, what do you think the court will want to have me do in regards to CD Evaluation and treatment?

Much thanks.

 

[Mass_Shyster]

Based on the circumstances, what do you think the court will want to have me do in regards to CD Evaluation and treatment?

Nobody can predict what the court will want you to do.

My opinion is that you didn't learn your lesson after the first time. The fact that you were able to drive with a BAC of .27 tells me that you have developed a tolerance to alcohol, and likely have a real problem.

The fact that you walked out of rehab because you feel you don't need it tells me that you are in denial, and have a real problem.

Personally, I think you should go for the most possible. Maybe it will help you.

 

[dmcc10880]

Go private and roll the dice on not having to go to the county for evaluation.

 

[FlyingRon]

Dude. You're lucky to be alive even if you hadn't gotten behind the wheel. I've seen fatal alcohol poisoning at less. You need to be taking this CD issue seriously and not just to try to minimize your DUI charges.

12 hours is NOT going to cut it.

 

[woodykas]

Dude. You're lucky to be alive even if you hadn't gotten behind the wheel. I've seen fatal alcohol poisoning at less.

fatal alcohol poisoning with BAC 0.27 ? not sure ... fatal levels seems to be closer to ~0.40 - ~0.50

 

[FlyingRon]

fatal alcohol poisoning with BAC 0.27 ? not sure ... fatal levels seems to be closer to ~0.40 - ~0.50

Nope, at the levels he's talking about he's certainly within the range. And he probably peaked out higher than 0.27. That test wasn't done until after he was out jousting with the mail truck.