A Survey For Those Convicted of DUI

[elmuchoprez]

It seems to me that many people on this board have been convicted of a DUI in one form or another, so it should be a good place to ask:

Were the penalties you faced effective AND fair?

What I’m looking for are thing like: If you had a drinking problem, did going through the programs and whatever help fix that? Did the sanctions against you prevent you from driving drunk again while still being reasonable (for example, if the penalty for DUI was execution, that would certainly drop the number of drunk drivers, but that penalty isn’t really (under normal circumstances) in proportion with the crime). Would you have learned the same lesson if the courts had only fined you a significant amount or did you learn “better” because of other penalties?

I’m just curious how people feel about this particular topic.

 

[BigMistakeFl]

BigMistakeFl

In my case the experience was effective. Statistics, however, say differently. More than half of those arrested for a first offense DUI will repeat and wind up back in court on a similar charge.

In my case, the entire experience was effective, but less or greater penalties would not have changed my position. From the moment I saw the blue lights flashing, the change took place in me. Things went downhill from the night of my arrest, which is what I tell people all the time.

I don't think the current system of prevention is working. People by and large, still don't seem to get it. Right now, people are arguing over how many drinks it would have taken Paris Hilton to reach 0.08, and nearly everybody gets it wrong. And the fact is, that argument is pointless. The concept of the "legal limit" invites drunk driving.

 

[sjmjuly]

Effective for me. It scared the crap out of me and changed everything about the way I drive. I wasn't convicted as I was a first time offender and was arrested in a state that offers a diversion program. I was proactive and did everything I possibly could to minimize the affect.
I read some where that a lot of first time offenders are part of the "one and done" group. Meaning it took only one bad judgement call and they were taught a lesson and will never repeat it. This is the group I belong to. Then there is the group that doesn't get it and they keep on drinking and driving - Repeating the offense. Alot of these people don't even show up in court to take care of it, and then end up drinking & driving with a suspended license. Then last but not least, there is the group that truly have an alcohol dependency problem and need serious help.
The bottom line and what I learned from this experience is simple: If you are going to drink DON'T DRIVE. That way, when you see the flashing blue/red lights in your mirror you will know you might be getting a speeding ticket, but you won't be spending the night in jail, and then dealing with the consequences afterwards. I met a friend for dinner last night and in the past I had always had a glass of wine. Not anymore. I drank diet coke instead. The math is easy: Why try and calculate how many drinks you can have without going over the legal limit when this math problem is the easiest: 0 + 0 = 0 (Zero drinks, zero BAC = No go to jail. Pretty simple to me.

 

[not perfect]

Effective for me...I was also a part of a first offenders program and faced minimal penalties. I mean money comes and goes, but its not worth getting a dui, because you gotta go through the head games (am i a good person am i a bad person),some people lose jobs,some can't get jobs,can't drive. Worst case scenario you could kill someone or yourself. Hardest part is convincing others not to do it...you can only do so much. I mean end of the day people are gonna do what they want. I've learned so much from this...why risk it. If I go out and drink I walk or get a ride from a sober person or a taxi.

 

[LakersFan]

I was lucky when I got arrested. My BAC was .04, but since I opted for blood test I was arrested and had to schedule DMV hearing and go through the stress of getting arrested for DUI. I know I was very lucky because prior to my arrest I have driven legally drunk many times and gotten away with it. I was arrested in Los Angeles and had to spend 15 hours In LA jail not a pleasant experience. I did learn my lesson. I still go to the bars and watch all the people drink knowing how much that one extra drink can cost them. By the way, now days I take a cab home.

 

[Derick]

I feel my punishment was very effective. Alcohol classes were the most useful.They made me realize the thought processes behind drinking and driving and how negative behavior is reinforced by "getting away with it" several times. It really made me realize what an idiot i was. Ignition interlock is also very effective as well as being a huge inconveniance. It is a daily reminder as well as bieng the most costly part of my sentence.

Now as for fair....sure my sentence was reasonable and fair. Although the night of my DUI was as tame as they come(I won't insult you by saying "But I wasn't even drunk" or any other over-used cliche), I definitely had it coming.

The most effective but unfair part of my punishment has been the often disorganized legal system that is still finding ways to punish me 14 months after arrest.*please refer to my post "DUI in another state 14 months ago"*Just when I think I have complied fully with my punishment and can start to move on I, again, get reminded of what an idiot I was.

I think the system is getting better at rooting out the alcoholics and helping them get the help they need. But costly fines are not gonna stop an alcoholic from being a repeat offender. In fact, I am sure it adds whiskey to the fire. With the amount these convictions can cost, from bail to sentencing, it's enough to "drive anyone to drink".

 

[stephierae]

well, unfortunatley for me i was slapped with 6 days in jail, $1750 in fines, and a predisposition to being a "liar" because I have a conviction. With that said- to proclaim your innocence after one conviction is a waste of your time because nobody will believe you. I have discovered that after 2 weeks of being arrested for my "second offense" in a year.... regardless of what I say, the one behind the badge is the only one with credibility.

 

[BigMistakeFl]

BigMistakeFl

But doesn't a record sometimes speak for itself? If you have a "second offense in a year", doesn't that mean the society should be protected from you driving on the same streets as the rest of us? I'm not a part of MADD, or angry at drunk drivers..... but can you really expect "credibility" now?

 

[stephierae]

exactly my point. my record speaks for me, regardless of the situation, or wether or not it was really "the way it was" in the report. The officer and myself, and my passenger are the only three who really knows what went on there, but, once again, credibilty is tainted.

 

[shelton442]

Well I know I am still go through a second arrest ( one conviction) for DUI in Mississippi. The first one was in 2000 and I didn't drink anything and drive for many years. I guess I forgot my lesson and got back behind the wheel and drove to the store last Labor Day weekend after consuming 2 glasses of wine within an hour and half. A roadblock was in progress and the officer smelled alcohol . I failed the FST ( I had been working a physical 15 hour workday).
He also detected alcohol on the portable. When we went to the jail, I initally refused the main test until I talked to my cousin ( who is an attorney) I agreed to take it after the officer said I would lose my license for 90 days. I said I would take it , then he said "too late" So I was charged with DUI refusal. After paying an attorney $4000 and losing much hair and weight over this as well as losing my license for 90 days thus far-it has not gone to court and don't know what is going to happen. Since having a prior ( even though Mississippi has a five year washout rule). My word in court will be no good.

Bottom line, don't drink anything alcoholic and drive. The consequences are not worth it. They will get you , especially in the state of Mississippi.

 

[elmuchoprez]

One of my most memorable and surprising encounters during the whole DUI experience came during a court ordered "DUI weekend" that took place at a former corporate retreat facility in the middle of no where.

I remember walking into the place and seeing about 20 other people; 20 of the most normal looking people you could imagine. I remember thinking, "Where are all the criminals?"

As the weekend progressed and I got to know these people better, it became abundantly clear to me that these were just a bunch of normally law abiding regular people who made a mistake. They weren't hardened criminals, scary degenerates and besides their one bad decision, I wouldn't characterize a single one of them as a danger to society.

That whole experience made me wonder about the severity of first time offender laws... I think that most of these people would have learned their lesson if the penalty had just been a $1000 fine. The real problem I had was the over stretching implications the system had on these otherwise "normal" people. Some of them lost their jobs, some had to drop out of school to pay fines, some couldn't get jobs with the DUI conviction on their record.

I'm not saying that a DUI isn't serious, but everyone in this program had no personal or property damage and it really made me question the legitimacy of turning someone's life completely upside down for a crime that, while it could have, didn't have any substantial impact on society. Sometimes I think about it like this: Running a red light can kill people, but the penalty is pretty minor unless you actually cause some harm by doing so.

I don't know, I guess I'm playing devil's advocate here; I really do believe DUI is serious business, but sometimes you have to wonder if the current system is really the best way to handle it.

 

[stephierae]

I agree with Shelton442...... I havent had a drink since April 2006- which was my last conviction- and the one time I do and, and drive home, I am nailed. I am not going to make excuses for myself in any way BUT there are alot of circumstances that surround the arrest that are far fetched but true. Nobody will believe me though on the account that I do have a prior offense. But yeah, I have been everybody's DD for every holiday for the last 14 months.... even New Years! and the arresting officer was informed of a prior arrest for DUI when the police report was filed on my passenger- who was the whole story behind getting pulled over to begin with....so she knew i had a prior before she pulled me over and she already had it set in her mind that I was going to be arrested for DUI before she even saw me face to face. And the first time offenders, well, some say i got alot worse punishment than most first timers..... 6 days in jail-when 24 hours is all thats required- $1750 in fines, drug/alcohol screening and classes, 90 suspension, 60 days restriction.....and a reputation that will convict me in the future.

 

[BigMistakeFl]

BigMistakeFl

I know that I will be scrutinized if I'm pulled over. With my first offense DUI record, if I'm pulled for anything at all, I know I am going to be drilled and possibly subjected to roadsides because of my prior offense. That's just one of the prices we pay.

 

[sjmjuly]

I too agree that alot of people (including myself) learn their mistake after the first DUI. I sure did. I will NEVER get behind a wheel and drive after having just a sip. It's not worth it. Not even one sip of booze.
I also think everyone should get somewhat of a first-time break IF the circumstances are such that a break should be given. (ie,, no injuries, no accident, low BAC blow,,,,) AND the person arrested shows remorse and makes an attempt to show the court they are sorry and can be a trusted, upstanding citizen. We are all human and make mistakes. But here is where I would draw the line: Repeat or habitual offenders. I say we are all intitled to make one mistake AND LEARN FROM IT. Don't do it again. But there are some out there that continue to drink and drive, and then blame everyone else when they get caught. They say "The cop did this wrong, or did that wrong, or my rights were violated,,,," The simple fact is you were arrested and blew over the legal limit. End of story. Why do these people continue to break the law and then get pissed when they are thrown in jail?
I am not a Saint, but I also learn from my mistakes and don't make the same one twice.

 

[aleshirley]

1st Time Offender of ANYTHING suffered an obscene, extreme sentence.

As another poster mentioned here, "...the change took place as soon as I saw those blue lights..." and that is true with me as well. As a 30 year old woman who hadn't been in trouble a single solitary minute in her life the whole situation was humiliating and nearly beyond my personal comprehension but the punishment that followed was obscene and extreme for an individual who hadn't had so much as a parking ticket let alone any criminal or poor choice history with the law.

Above the standard OVI 3 month suspension I received from the state of OH I was sentenced to an additional 3 month suspension with Yellow Plates; DUI weekend school (72 hour educational/lock-down program); 6 weeks of group therapy; 72 hours in county jail; one year probation and over $2000 in court cost/fines (those cost don't include what I paid for the education weekend, therapy, reinstatement fees, lawyer cost, time missed from work, etc.).

I guess you can say it was effective but what was more effective was the anger I have at my local municipality when I meet and learn of 3 and 4th time offenders in other municipalities not receiving the punishment I beared nor the incurrance of cost. Additionally since my suspension I've been pulled over a total of 5 times (within the local municipality) for nonsensical 'possible' offenses just because they can --

My suspension was up on 6/19 - and I again was pulled over (so the officer could check the tint on my car windows to make sure it was legal) and told that I was still under suspension per the state of Ohio -- I was sited as a DUS (driving under suspension) I had to plea Not Guilty and I'll have yet another court appearance to make in about 6 weeks for something that isn't really real but only a paperwork problem that was corrected with a 3 min phone call to Columbus.

I assure you I'll be fined - LARGE - again for a simple paperwork error on the state level.

It was effective but not at all a punishment that fit the crime especially when you compare it to other municipalities across the country -- and the followed harrassment is unbearable.