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DWI last night. Don't know what to do :(

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pleasehelpmej

Junior Member
What is the name of your state (only U.S. law)? NY

Hello every one. Yesterday I was arrested for DWI, and I'm pretty scared of what might come. I felt like I was "sobered up" when I drove home, and I was going 50 in a 30, which I thought was a 45 zone :(. Clearly I was mistaken in both cases. I submitted to the breathalyzer test and blew a 0.12.

I'm 23 years old, and I've never been arrested before. Not even a speeding ticket. I'm afraid to tell anyone what happened, mostly because my family thinks I'm such an upstanding person. I don't have much money for a lawyer, and I can't put such a financial burden on the people I care about.

I feel like I'm alone in a cage with an 800lb rottweiler. Does anyone have any advice? Is this going to ruin my future?
 


foot

Member
I know it's impossible, but try to calm down. Things will certainly not be as bad as you think, and you definitely are not the only one going through this.

Step 1 is call a few lawyers who specialize in DUI and are local to your county. Google is a good place to start. See what kind of situation they think they can arrange for you. You may decide it is worth tightening your belt a little to hire a lawyer. I'm not from NY, but many states have diversion programs through which the charges are dropped or lowered to something less serious after you complete all the terms. Call a lawyer...seriously. DUI is serious, but you can probably salvage your future if you handle things the right way.

I've been through the same thing you're going through and felt the same things you are now. Take my word on this, tell your family. They'll be mad and disappointed, but it'll be way way worse if they find out about it somewhere else. Unfortunately, this could end up being printed in the local paper or something. Just be honest. We all make mistakes and sometimes we need help from our family.
 

Christina1225

Junior Member
I just went through the same thing in NY

Don't worry about it I know its emabarassing and an eye opener, I just went to Court for this whole ordeal last Tuesday. It was also my first offense and blew a had a .11 BAC. I however retained an attorney, but by all means a public defender will be just fine. Total cost you're looking at a mandatory fine of $360 + $240 surcharge (surcharge just went up on 11/1) you have to pay $75 to the DMV for a Conditional License $20 for a Victim Impact Course and you have to go to classes which are one night a week for 7 weeks, which carries a maximum fee of $225 and then once all classes are taken $25 to the DMV to lift the suspension. I've paid all my fines and actually just dropped off the $20 for the VIP course today. DMV in NYS is slow so they don't have me in the system yet to apply for a conditional license. I know it seems really horrible but its not the end of the world. People make mistakes its all about the lesson learned. I hope everything works for you. I'll be thinking about you.;)
 

BL

Senior Member
Getting a DUI totally dropped and deferred is rare nowadays. Most likely it would be useful to plead guilty and complete alcohol education courses and maybe engage in AA activities. This will lessen the sentencing and may allow you to have some sort of limited driving privileges.
I don't believe it would lessen the sentence .

Completing alcohol education courses and maybe engage in AA activities might help in passing the required class course ( or education course and AA may not be necessary ) , depending on the individual .

The required course is an educational course .

The individual giving the class will determine if the client will pass , or needs to go on to extended alcohol evaluation and treatment .
 

BigMistakeFl

Senior Member
Hardship license

And in addition, the "limited driving" restricted type license is more often a DMV matter, so showing the judge what the OP is doing may look good, but it may do little toward a hardship license.
 

prophet

Junior Member
What is the name of your state (only U.S. law)? NY

Hello every one. Yesterday I was arrested for DWI, and I'm pretty scared of what might come. I felt like I was "sobered up" when I drove home, and I was going 50 in a 30, which I thought was a 45 zone :(. Clearly I was mistaken in both cases. I submitted to the breathalyzer test and blew a 0.12.

I'm 23 years old, and I've never been arrested before. Not even a speeding ticket. I'm afraid to tell anyone what happened, mostly because my family thinks I'm such an upstanding person. I don't have much money for a lawyer, and I can't put such a financial burden on the people I care about.

I feel like I'm alone in a cage with an 800lb rottweiler. Does anyone have any advice? Is this going to ruin my future?
I AM NOT A LAWYER. And i am not advising to pay for one, legal aid will do since it's your first time being arrested and you did not hit anyone.
The judge might mandate that you enter into an alcohol program and might suspende your license fore six months. Dont worry you will get through this dont do it again. You could have hurt yourself or somebody else
 

prophet

Junior Member
What is the name of your state (only U.S. law)? NY

Hello every one. Yesterday I was arrested for DWI, and I'm pretty scared of what might come. I felt like I was "sobered up" when I drove home, and I was going 50 in a 30, which I thought was a 45 zone :(. Clearly I was mistaken in both cases. I submitted to the breathalyzer test and blew a 0.12.

I'm 23 years old, and I've never been arrested before. Not even a speeding ticket. I'm afraid to tell anyone what happened, mostly because my family thinks I'm such an upstanding person. I don't have much money for a lawyer, and I can't put such a financial burden on the people I care about.

I feel like I'm alone in a cage with an 800lb rottweiler. Does anyone have any advice? Is this going to ruin my future?
I AM NOT A LAWYER. And i am not advising to pay for one, legal aid will do since it's your first time being arrested and you did not hit anyone.
The judge might mandate that you enter into an alcohol program and might suspend your license for six months. Dont worry you will get through this dont do it again. You could have hurt yourself or somebody else. By the way if you enter yourself into a AA program it will look better on you and the judge will be a little more lineant with your sentence.
 

BL

Senior Member
I AM NOT A LAWYER. And i am not advising to pay for one, legal aid will do since it's your first time being arrested and you did not hit anyone.
The judge might mandate that you enter into an alcohol program and might suspende your license fore six months. Dont worry you will get through this dont do it again. You could have hurt yourself or somebody else
Read the DMV link in # 3 for those that do not know , before replying .

BTW , if one can not afford legal council , one may be appointed .

One would not from legal aid , but from the public defender's office .
 
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arw2322

Junior Member
Being your first DWI you could get a public defendant which won't cost you anything. and it will be reduced to a DWAI. (driving with a BAC under .08) you will have to pay a fine around $300-$500 (im from NY and i paid $300 and had a couple of speeding tickets in the past) If you can't pay right away they will work out a payment plan for you. You will lose your license but can get a conditional, if you take the classes. The classes are not so bad just a pain to go to and cost money. you don't have to take the classes only if you want a conditional or you can wait 6 months to get your full license back. AA meeting or alcohol evaluations are not necessary for you 1st DWI so don't bother. when you get your second or third is when they think you have a alcohol problem or when your BAC is .18 or over. A BAC of .12 is not very high. Im not saying AA meeting might not help. but i don't think they will and they're pretty expense. What i know the judge like to hear is what your doing with your life right now to get the sense what typw of person you are. The judge asked me are you working, do you go or been to college?....

As you probably know your insurance will go up but not a huge amount (i believe mine went up about $10 a month) depending on what type of insurance you have. but you might want to shop around for insurance because i found that some company's charge more for people with alcohol offenses then others. You can take the 5 hour Defensive Driving course that the DMV offers which reduces your insurance about 10%.

Ive been in ur shoes 4 years ago when i was 19 and they are tougher on underagers. I know its seem completely horrible right now but in a few months everything will be back to normal. You don't have to let your family know (i didn't). A DWAI is a traffic infraction, not a crime or misdemeanor. But it will be on your record meaning if you get pulled over in the future they will see the DWAI and they will suspect you've been drinking. AND please don't ever do it again the first is like a slap on the wrist compared to the second.

Good luck!
 
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BL

Senior Member
Being your first DWI you could get a public defendant which won't cost you anything. and it will be reduced to a DWAI. (driving with a BAC under .08) you will have to pay a fine around $300-$500 (im from NY and i paid $300 and had a couple of speeding tickets in the past) If you can't pay right away they will work out a payment plan for you. You will lose your license but can get a conditional, if you take the classes. The classes are not so bad just a pain to go to and cost money. you don't have to take the classes only if you want a conditional or you can wait 6 months to get your full license back. AA meeting or alcohol evaluations are not necessary for you 1st DWI so don't bother. when you get your second or third is when they think you have a alcohol problem or when your BAC is .18 or over. A BAC of .12 is not very high. Im not saying AA meeting might not help. but i don't think they will and they're pretty expense. What i know the judge like to hear is what your doing with your life right now to get the sense what typw of person you are. The judge asked me are you working, do you go or been to college?....

As you probably know your insurance will go up but not a huge amount (i believe mine went up about $10 a month) depending on what type of insurance you have. but you might want to shop around for insurance because i found that some company's charge more for people with alcohol offenses then others. You can take the 5 hour Defensive Driving course that the DMV offers which reduces your insurance about 10%.

Ive been in ur shoes 4 years ago when i was 19 and they are tougher on underagers. I know its seem completely horrible right now but in a few months everything will be back to normal. You don't have to let your family know (i didn't). A DWAI is a traffic infraction, not a crime or misdemeanor. But it will be on your record meaning if you get pulled over in the future they will see the DWAI and they will suspect you've been drinking. AND please don't ever do it again the first is like a slap on the wrist compared to the second.

Good luck!

Being your first DWI you could get a public defendant which won't cost you anything. and it will be reduced to a DWAI. (driving with a BAC under .08)
You know these for facts , how ??
 

arw2322

Junior Member
You know these for facts , how ??
Nothing is a guaranty but there is nothing wrong with using a public defendant especially if you cant afford your own lawyer. and he or she wanted to know what outcome to expect. and there is a very good chance a first DWI will be reduced.
 

ramikari

Junior Member
i've got myself into situation a week ago and had spoken to many attorneys. i was stopped in nj but have a ny license, all the attorneys told me that ny unlike nj treats dwi as a crime, not just a traffic violatin. i would speak to the family - they will be able to advise you better than anyone else. it might pay to get good attorney and try to dismiss the dwi charge (the one who deals with that on daily basis knows what to do) rather than having criminal record that will affect your life. consider talking to your parents- that's the best you can do. good luck! it will get better!
 

FlyingRon

Senior Member
The word is public DEFENDER. The defendant is the accused in court. The person acting as his lawyer is the defender. You don't automatically get a public defender. You have to be unable, not just unwilling, to pay for your own counsel.
 

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