DWI, First Offense - What Should I Expect?

[KevinmH9]

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

Hello everyone,

Well, here's the situation. I was hanging around at a friends place one evening watching one of the college football games and having some drinks. I didn't drink too heavily, but enough to get me pretty buzzed.

I went to sleep for about three or four hours and woke up and felt fine to drive a vehicle. I felt tired, but in no way did I feel that I was intoxicated or a danger to myself or anyone on the road.

I began driving home and only about five miles from my house, I managed to go off the road and hit a tree. I still didn't believe alcohol had anything to do with it as I was still pretty tired and believe I might have fallen asleep at the wheel for a bit which, I believe, might have caused the accident.

I called the police so I could get my car towed. Upon the officer getting to my location, he initially asked if I was injured or anything. He then told me that I smelled of beer and asked me to do a field sobriety test. I felt as if I did pretty well, but that was obviously for the officer to decide. Upon completing the test, he told me I was under arrest for DWI and then I had to sign a form asking whether I'd like to defer a breathalyzer or take it. I chose to take it and blew a .09.

Right now, I'm currently working out the legal ramifications of the case, and I'm trying at all costs to avoid putting a DWI on my record.

I've never been in any kind of legal trouble and never received anything as much as a speeding ticket before.

I'm working with the prosecutor and have received a plea bargain, that, if I plead guilty to DWI, I can have my license back in three months. I, however, am trying to work something out so that I can get the charge lowered to a reckless operation or something of that sort.

What should I be expecting?

Thanks everyone,

Kevin

 

[BigMistakeFl]

Like most of us, you will probably end up accepting the offer. You can fight this all the way, and it will cost you. If you win you can walk away from it. If you lose, the penalties can be the same or worse. If you're looking for a way out, good luck finding a loophole, I don't think they exist anymore. I'd brace myself for and get started on the penalties that are part of that offer, such as registering for any DUI classes and Victim Impact Panel. These fill up quickly, DUI is popular. The longer it takes for you to complete them, the longer it is until you start putting things back together again.

 

[KevinmH9]

Oh, yes. That I'm all aware of. I was just wondering if there is a chance for any additional plea bargaining or my chances of getting the charge lowered when/if I go to trial.

 

[Isis1]

Oh, yes. That I'm all aware of. I was just wondering if there is a chance for any additional plea bargaining or my chances of getting the charge lowered when/if I go to trial.

i'd check for consults in your area to see if your case qualifies for a lower plea. they's know more about your legal court climate.

in my own experience, the DA in my situtation was very lenient. i personally feel DUI laws are WAY too lax. i really thought i got away with too much in a legal aspect.

 

[InsaneJane]

With all the Ice and snow that NH has been having lately, I can understand how common it is to slide off the road. Too bad there was a tree in the way.
Were there any witnesses? Did you tell the officer what time the accident hapened? or how long it had been since you had any alcohol?

 

[KevinmH9]

With all the Ice and snow that NH has been having lately, I can understand how common it is to slide off the road. Too bad there was a tree in the way.
Were there any witnesses? Did you tell the officer what time the accident hapened? or how long it had been since you had any alcohol?

There were no witnesses present at the scene. It was approximately 3:30-4:00 a.m. when the accident took place, and I believe I stopped drinking around 11:00-11:30 p.m. I called the police immediately after the accident took place and told him what had happened. Because I honestly didn't know I was still intoxicated, I thought I had maybe fallen asleep at the wheel for a slight second enough to miss getting around the turn I was going around at the time.