first drunk driving offense

[cannae1]

What is the name of your state? MIchigan
I was arrested for drunk driving [ first time] in MI on April 26. I am have been dry since. The breath test was .15. I feel like a fool. I could have hurt someone. It won't happen again.
I spent the night and was released on personal recognizance. I have had no tickets since 1978. I have a lawyer and I have no court date as of today.
I am going to AA and I am starting a treatment program, I am in the "early Intervention" group, on my own. I don't expect anyone to believe me, but I am abstaining, I do not want any alcohol.

What Iam asking is: one, what does the prosecutor & judge want to know from me & about me? two, what is the likely penalty?
I will, of course, answer any questions someone may wish to ask.

 

[BigMistakeFl]

BigMistakeFl

I believe you. I did the same thing. No traffic tickets, first time DUI, mine was a low BAC. You quit drinking as a result, same here. It won't happen to you or me again; that's better even.

As for what you can expect, expect to feel bad for awhile. You won't be driving, you'll have a record and your insurance will go up. Here's a link for Michigan penalties. It's a lawyer's page, but it was something I found with a quick search. You could probably do a better search without the lawyering on the page.....

http://www.mi-drunkdrivinglawyer.com/michigan-state-dwi/penalties.htm

As for the prosecutor and judge, don't expect leniency. You may hope to get the minimum first time penalties and nothing less. To be honest, they don't care that you've never done this before, and they don't care if you are a good and honest person who is kind to strangers. It just doesn't matter. The more you know, the better you'll feel and the more you will be able to prepare.

 

[cannae1]

Thanks,
I do not want any alcohol. The reasons that I had to drink no longer exist.
I drank mainly out of despair. But, I have so many worries that I have lost track of them.
I have two big worries: that I will drink again. And, the judge will send me to jail.
A third worry has been dispelled: my girl friend will leave me.
I am very thankful that I did not harm anyone in an accident. I was arrested 3/4 of a mile from home in a store parking lot.

 

[BigMistakeFl]

BigMistakeFl

I was worried about going to jail too. They keep you in jail on the night of your arrest for a reason. Here in Florida, they hold you for eight hours, no matter what. That leaves an unmistakable impression.

The chances of you getting any jail time are pretty remote. It is possible, but not likely on a first time DUI, and your BAC did not exceed the legal limit by two times. (Here, the penalties are higher if your BAC is over .20.) If you have a fairly clear driving record and this was truly your first DUI, you should not face jail time.

Great that you are not drinking. If ever you should again, that's a seperate issue that belongs solely to you. Like you, I will make damn sure I never drive again, not after even cough syrup! But we must have a plan in place prior to going out, if we are going anywhere that alcohol "might" be served, and even if we are planning on not drinking. That plan leaves our vehicle there, or another driver takes us and our cars home. Plan before, not after. I think that's the key.

 

[cannae1]

I will have wait & see.
My arraignment & pretrail together should be in June.
And, keep my spirits up

 

[BigMistakeFl]

BigMistakeFl

Someone on here made a really good suggestion once. Go to court one morning, or a couple of times, and watch the proceedings. It's a learning experience. There will certainly be some DUI's going before the judge and you can see how it all unfolds. That might take the edge off for you.

Other than that, we just have to get through it and then rebuild. It will be in the past one day.

 

[cannae1]

That is a good idea, observing the court in action.

Getting through it and rebuilding is what I need to do. And, one day, it will be in the past, as you say.
I do have some respite. I am spending a week in TX May 11 - 18 with my special friend who has stayed with me. She understands what I have gone through in the last year.

 

[skw2]

I totally understand how you are feeling! And like the person above said, it certainly makes you not want to drink again, if in fact you have taken what has happened seriously.

My advice? BE PROACTIVE!!! BE PROACTIVE!!! When I was arrested back in early February of this year, I researched and found this forum in doing so. I read and read, and really took the advice of those who had been there before me. On my own, I got myself an evaluation, from there I enrolled in a six (6) week DUI education course; I attended a MADD Victim Panel discussion, and attended two AA meetings just to see what they were like. I of course retained a lawyer (and believe it to be a great idea... although I saw a gentleman representing himself and he did quite well...no major penalties against him).... Completing all of the above before I even walked into the courtoom, then when given the opportunity to speak for myself in court, I stated how ashamed and sorry I was (actually I almost broke down in tears from the stress it has caused the past few months). Lo and behold, a person who thought she was going to serve jail time etc, was given a fine and probation for a year (PBJ). Although it was my first offense, I blew a .15. This, a person with a clean driving record (and when I say clean, I mean absolutely clean... not even a parking ticket in over 15 years). I was absolutely mortified about everything, but especially about the BAC result. I knew I was heading for jail, for that alone.

Honestly, read through some of the threads here (you can tell the dumb ones from the serious ones), post your questions as you have. Take the time and research your area and see what happens to those who are in the same boat. It's well worth it! Again, be proactive. I believe if a judge/d.a. see that you are sincerely sorry and have taken those extra steps on your own, they will most certainly take that in consideration before judging.

Good luck to you (and others who may read this). Again, it has been a stress and long haul these past few months, but the advice given here and reading others accounts made me more aware and prepared before I walked into that courtroom just this week.

All my best!

 

[Jezebelle]

Hit by a drunk driver

Everyone makes mistakes now and again but I hope you learned something from your experience. You are lucky that you did not injure or kill anyone.

Three nights ago my husband and I were hit on the highway when a drunk driver going in excess of 100 miles/hour lost control of his car while trying to swerve around a vehicle and while overcorrecting he lost control again and his car came crashing into ours hitting the front right side of our vehicle (I was in the passenger seat) and that impact sent our car crashing into the metal center rail impacting the front left side. Our car then spun around and we ended at the opposite side of the highway. Between the first and the second impact I literally saw my life flash before my eyes. I knew that either my husband or I (or both) were not going to make it through this. Luckily, we have a heavy safe vehicle and while our car was totalled we made it through with nothing but whip lash. Had we been in our jeep or our toyota corolla we would have definitely died. The guy who hit us was a beligerent drunk and miserably failed the sobreity test. Ofcourse, through all that he was not even hurt, not a scratch. I don't understand why he was driving in the first place though. We were lucky this time thanks to our car, but I really feel for the families of the people who weren't so lucky. This may sound cliche, but think twice the next time you decide to drink and drive...

 

[cannae1]

I am quite grateful that I hurt no one.

Matters worked out well.
I accepted a plea to driving while impaired. A lesser charge.
I moved 1300 miles away; and re married.

I am doing probation by mail.
When the probation expires, I should have to return to MI.

 

[individua]

State: Michigan

Not so much legal advice, but more spiritual..

I think you two are the only sane people on here. I just finished my incidence a few days ago by pleading OWI (.098 BAC) to reckless. I'm not sure if that was a good outcome because this was my first and last time ever doing anything like that (I've never driven after drinking and even had a DD that night; unfortunately, he left before I had to get home).

This event has generally turned me off of alcohol. I know people say its a personal decision whether to drink but I feel so stigmatized that I can't see myself ever drinking again. Everything still seems really tough though. I just graduated from college (I was actually celebrating my graduation with close friends the night of the incident) and have done exceptionally well in the past 4 years. I'd been hired for my dream job. My life could not have been any better.

Still, there must have been some bad karma floating around for this to happen. I know generaly consensus is that everybody "gets over it". But how? I still feel so devastated and hopeless because I've never done anything before and I'm always the responsible one among my friends.

I feel like one night's celebration (for 4 years of hard work) has cost me the rest of my life...

 

[cannae1]

I meant to say that I should not have to return to MI to close probation.

Reckless driving may well be a lesser offense. I do not know.

After a time, you will feel better.

I do; so, will you. It did not cost you the rest of your life.

You can get the offense purged from your record. You should ask your lawyer about it.

 

[individua]

Thanks cannae. Michigan doesnt allow expungements of traffic offenses.