Repeat Offender Needs Advice

[Blade12]

About 3 years ago, I had a stupid string of 3 DUI's in a short time, but got off pretty easy. Probation, lost my license, 10 days in jail, and only one conviction (is what I think).

Today, my life is much different. Wife, child, nice home, own a nice business, and am CFO of another. What's sad is that I really don't drink very often, maybe twice a month. The three offenses came at a stupid time, when I was single and actually going out.

Now I rarely go out, never drink and drive (cab everywhere if I do happen to go out).

A couple of weeks ago I went to a baseball game, went to my buddies after the game and took a nap. But I had to be back in the morning to take care of my son, so when I woke up at 3 AM I decided I was okay to drive home.

But it was an hour and a half drive and I got pulled over.

My license is still revoked (I never did the SATOP, but did everything else). Got a citation for no insurance (I do have insurance, I couldn't find the copy of my insurance, I can easily prove that, as I do have it through my wife on the car I was driving).

And he made me do a field sobriety test. He asked me to blow, and I blew a .12 so he arrested me.

When we got to the station, I easily answered all of his questions, what time was it, where was I etc. We discussed my business, my family etc. He was a state trooper and we got along pretty well haha.

When we got to the station, I decided to not blow, since I knew I probably wasn't going to be under the legal limit of .08. Even though I felt perfectly fine, coherent and remember everything to a perfect 'tee'.

I never saw anyone else, we went to a station close to the highway, he finger printed me and then let me go. But gave me a felony offense on the DWI since he saw that it was my 4th. I am not on probation, and I don't have a ton of money to sink into a lawyer either (I was considering contacting the public defendant) since my company just made a new large investment.

I can't possibly go to jail for any term, now that I am married, with a child, a family, nice home, nice business, need to work everyday. I'm not sure what I am supposed to do, and am worried that I am going to get 'railroaded' on this since I have done this before. I also can't find anything online or in any papers about my offense, not even our state court logs. So I guess I just need advice at what my possible solutions might be and what I could possibly do to avoid jail time on this. It's important that my normal family life can continue.

 

[41tellthetruth]

I can't possibly go to jail for any term,

Yes you can and if your convicted you will


now that I am married, with a child, a family, nice home, nice business, need to work everyday. I'm not sure what I am supposed to do, and am worried that I am going to get 'railroaded'


Explain how you could be "railroaded" as you put it

on this since I have done this before. I also can't find anything online or in any papers about my offense, not even our state court logs. So I guess I just need advice at what my possible solutions might be and what I could possibly do to avoid jail time on this. It's important that my normal family life can continue.[/QUOTE]

This all your own doing. Find the best attorney you can, sell your possesions if you have to to pay for the attorney. This is very serious, the court will look at your record and see you have been given 3 prior chances to address you penchant for drinking and driving and chose not to change your ways.

 

[FlyingRon]

You are almost universally going to need a lawyer, but you're going to have to tell us the name of your state for any specifics. I'm going to guess you might still be in Missouri based on the use of the term SATOP.

The driving while revoked is a class A misdemeanor. You're lucky Missouri doesn't have mandatory penalties for driving while revoked for DUI, you could still get up to a year in jail for this alone.

Based on exactly what your prior history is and how they charge you, you are definitely looking at 5 days in jail, though you may get off with 20 hours of community service. You might be charged with a felony, in which case you will see no less than 10 days in jail (or 60 hours community service) and could get up to four years.

Of course there are going to be substantial fines and costs.

I can guarantee you won't be driving in a while. In addition to the stuff you didn't complete before, you're going to get a year on both the DUI and a year on the refusal.



Now if you claim you have turned your life around, you see to have backslid or are in denial. You need to really be evaluated for your alcohol problem. If you have no license you're not "OK" to drive even if sober. If you were drinking it was foolish. While perhaps the PBT at .12 is faulty, you'll never know with the refusal. The FSTs however are more than likely good enough to convict you. Self assessment of intoxication is pretty unreliable.

You're going to want to talk to the lawyer about what he recommends.

 

[OHRoadwarrior]

Its nice that you have insurance. I suggest you read the part of the policy that says it doesn't cover unlicensed drivers. The officer and the judge already know this for some reason. Go Figure.

 

[commentator]

Your obvious preoccupation with how much and how many times you drink and don't drink and what you do when you're going to drink and that you have not dealt with your lack of license to drive indicates that you're what is commonly known as a "dry drunk." You may not be a practicing heavy drinker at the current time, but the disease is still there waiting to jump back into gear.

Anyone who gets three DUI's in a row obviously had an impaired judgment problem due to addiction or they would have stopped drinking as soon as they got the first one. It is obvious that the "I can't drink (much) now because I have a lovely wife, a lovely family, work responsibilities " is a mantra that you have been using to keep your alcohol problems at bay. Anyone in the legal system is going to recognize this the minute you start spouting. You definitely need a lawyer, and let them talk for you. Take the advice they give you.They will probably encourage you to begin treatment of some type immediately, at least to seek counseling before your court date.

 

[NellieBly]

How much does one have to drink before blowing a .12 after having a nap?

 

[MIKE_G]

Have to drink a lot to blow .12! But he only does it 2x a month.
Does you wife know about the other DUI's? It's all about Me, me, me. No ownership for his actions. I'd give him the Max...

 

[NellieBly]

Have to drink a lot to blow .12! But he only does it 2x a month.
Does you wife know about the other DUI's? It's all about Me, me, me. No ownership for his actions. I'd give him the Max...

Why do I have Roger Miller's song "Dang Me" running through my head?

 

[Zigner]

Today, my life is much different.

I would disagree...

 

[cyjeff]

The other part of the court hearing you are not going to like is when the judge's lecture starts about why you were driving at all.

You see, people that have a revoked license and then drive anyway because they self assess that their life has changed enough to allow them to drive again show the court that they believe the legal system doesn't apply to them.

That your own judgement is more important than the courts.

This is not something you want to defend in court on your own.

Yes, you need to start selling everything you have. Between your legal fees, your fines and court costs, your classes and the cost to find a new insurance carrier for your wife (because yours is going to drop you like a hot potato), you are looking at several thousand dollars.

I would start AA classes TOMORROW. Take a cab.