DUI Advice

[Legallette]

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

My fiancee unfortunately has a history of DUI convictions and was incarcerated in state prison for 8 months following his fourth DUI. Last Saturday early morning, he had some sort of mental breakdown and was pulled over while speeding on the interstate. He told the officer cops had raided his house and killed his dog, and that he was on his way to Las Vegas to marry me. He was barefoot and only wearing boxer shorts. Clearly not in his right mind. Someone from either CHP or the jail facility called his dad to ask if he had mental problems/mental illness, which he does not have any history of. Apparently, he just snapped that morning. They told his dad that he was NOT drunk. So, they have charged him with two offenses: VC 23153(a) and VC 23550.5(a). I understand the second charge, IF he was indeed intoxicated, however the officer stressed that he wasn't. But the first charge relates to driving under the influence and causing an injury accident. There was no accident, no injury to anyone, in fact the car doesn't have a scratch on it. How could these charges possibly hold up in court? His arraignment is on Wednesday.

 

[FlyingRon]

Not drunk doesn't mean not intoxicated. They may assert he was under the influence of drugs. Bizarre behavior such as this is certainly probable cause for such an arrest. Presumably there was other testing done?

He needs a lawyer.

 

[CdwJava]

Assuming you got the charge correct (VC 23153(a)) then if the offense is not amended and they did, indeed, charge him for causing injury while driving impaired on alcohol or drugs, then he ought to walk quite easily.

I suspect there is more to the tale.

About all you can do for him is help him retain a good defense attorney. He appears to have a problem of some kind that needs to be addressed. It might be mental, or it might be an addiction to alcohol and/or drugs. He needs help.

 

[Ladyback1]

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

My fiancee unfortunately has a history of DUI convictions and was incarcerated in state prison for 8 months following his fourth DUI. Last Saturday early morning, he had some sort of mental breakdown and was pulled over while speeding on the interstate. He told the officer cops had raided his house and killed his dog, and that he was on his way to Las Vegas to marry me. He was barefoot and only wearing boxer shorts. Clearly not in his right mind. Someone from either CHP or the jail facility called his dad to ask if he had mental problems/mental illness, which he does not have any history of. Apparently, he just snapped that morning. They told his dad that he was NOT drunk. So, they have charged him with two offenses: VC 23153(a) and VC 23550.5(a). I understand the second charge, IF he was indeed intoxicated, however the officer stressed that he wasn't. But the first charge relates to driving under the influence and causing an injury accident. There was no accident, no injury to anyone, in fact the car doesn't have a scratch on it. How could these charges possibly hold up in court? His arraignment is on Wednesday.

You do realize that a vehicle does not have to be damaged to cause an accident, right??

That being said, have you actually seen the police report? Has his dad seen the police report?

Did he submit to a blood or urine test to determine what, if any, chemicals were present?

 

[Proserpina]

Assuming you got the charge correct (VC 23153(a)) then if the offense is not amended and they did, indeed, charge him for causing injury while driving impaired on alcohol or drugs, then he ought to walk quite easily.

I suspect there is more to the tale.

About all you can do for him is help him retain a good defense attorney. He appears to have a problem of some kind that needs to be addressed. It might be mental, or it might be an addiction to alcohol and/or drugs. He needs help.

Agreed wholeheartedly.

While the criminal matters are obviously important, what is perhaps more important is that he gets the help he so very clearly needs.

 

[Legallette]

Thank you all. Yes, I am correct on the charge listed. There was no accident.

He does indeed have a problem with drinking way too much, and needs rehab.

A friend came by to visit the evening before his arrest. It's possible said friend could have given him something illicit. Not sure, I went to bed early.

Thanks again. His first court appearance is day after tomorrow. I'm afraid that I am falling apart without him and hope heshes released before further proceedings.

That way we can get him the help he desperately needs.

 

[Silverplum]

Thank you all. Yes, I am correct on the charge listed. There was no accident.

He does indeed have a problem with drinking way too much, and needs rehab.

A friend came by to visit the evening before his arrest. It's possible said friend could have given him something illicit. Not sure, I went to bed early.

Thanks again. His first court appearance is day after tomorrow. I'm afraid that I am falling apart without him and hope heshes released before further proceedings.

That way we can get him the help he desperately needs.

Then please leave his (potential) child alone, both of you.

 

[princymelba]

He might be mentally disturbed because of his act and arrest for DUI.. Please do take care of his health and hire a good lawyer so that he can defend you husband's case and handle it with good care and he might help your husband to get off from criminal record...

 

[Proserpina]

He might be mentally disturbed because of his act and arrest for DUI.. Please do take care of his health and hire a good lawyer so that he can defend you husband's case and handle it with good care and he might help your husband to get off from criminal record...

How is not facing the consequences going to help?

This OP is not married to the man in question, by the way.