Penalties

[AngryatTexas]

I'm from Texas and was recently charged and convicted of a DWI. I didn't hurt anyone or damage any property, I wasn't swerving or driving erratically, I was simply pulled over for going 10 over the speed limit after having a few drinks and was just barely over the legal limit. I Cooperated completely with the police officer.

I received 2 years probation, 1 year driver's license suspension, 60 hours of community service and massive fees and fines which is easily in the thousands of dollars. On top of all that, I was set the become a military officer, not any more... my contract was cancelled and I've been kicked out of the officer training program. Ironic, because I happen to know for a fact that the particular Major that made the decision drives drunk all the time.

Is it just me or is drunk driving way overblown? The penalty for what I did seems absurd seeing as I didn't steal anything, hurt anyone, or damage any property. Me driving drunk had absolutely no impact on anyone or anything.

Does this seem like cruel and unusual punishment to anyone?

 

[Antigone*]

I'm from Texas and was recently charged and convicted of a DWI. I didn't hurt anyone or damage any property, I wasn't swerving or driving erratically, I was simply pulled over for going 10 over the speed limit after having a few drinks and was just barely over the legal limit. I Cooperated completely with the police officer.

I received 2 years probation, 1 year driver's license suspension, 60 hours of community service and massive fees and fines which is easily in the thousands of dollars. On top of all that, I was set the become a military officer, not any more... my contract was cancelled and I've been kicked out of the officer training program. Ironic, because I happen to know for a fact that the particular Major that made the decision drives drunk all the time.

Is it just me or is drunk driving way overblown? The penalty for what I did seems absurd seeing as I didn't steal anything, hurt anyone, or damage any property. Me driving drunk had absolutely no impact on anyone or anything.

Does this seem like cruel and unusual punishment to anyone?

YOU have got to be kidding me.

I'm thrilled that you're no longer a candidate for an officer in our military. Your attitude about drunk driving makes me sick.

Do yourself a favor and delete this thread before you get a lashing from the rest of the community.

<spit> (credit to you Zig ~ never thought I'd use this but it is completely appropriate)

 

[swalsh411]

So by your logic if a person fires a gun into a crowd but by some miracle nobody is hit they shouldn't get in trouble? After all nobody was injured.

 

[cyjeff]

If you had a soldier that liked to pull the pin out of a grenade, count to 2 and then put the pin back, would you allow him to keep the grenade because THIS time it didn't go off?

No, you would take the grenade away from him, bust his rank for being irresponsible and have him move a hole the size of the Grand Canyon for being a moron. You would then lecture him passionately and often that playing with live grenades is a danger to himself and others.

You wouldn't wait for the grenade to go off before you punished him.

Just cause you got the pin back in time doesn't mean you didn't deserve the punishment.

 

[HighwayMan]

Just when I think I've heard the ultimate dope, someone new comes along and tops it...

 

[cyjeff]

Just when I think I've heard the ultimate dope, someone new comes along and tops it...

I was actually pretty proud of my analogy.

 

[Antigone*]

I was actually pretty proud of my analogy.

I liked your analogy

 

[austinman]

Two things to note about DWI and this Forum

I have looked at this forum on a number of occasions, AngryatTexas and I suspect you will not get much sympathy for your situation. There are a number of people who post here who do not have an agenda of offering balanced opinions and concise advice.

As I am currently going through the process of paying the price for DWI you have my sympathy, but we only have ourselves to blame and it has moved me to stop drinking alcohol.

In your particular circumstances the penalty does seem severe to be just over the limit and for a first offense. You do not say if you had a lawyer representing you. If not that was probably a mistake. As you have discovered DWI has a major impact on your life and while a good lawyer can probably not get you found not guilty, they may well be able to reduce the impact of the punishment.

In my case, the lawyer negotiated a deferred prosecution in return for community service, an ignition interlock for 2 years and attendance at alcohol education and AA. This is a small price to pay compared to having a criminal record (which prospective employers can check) and having to pay Texas DPS for the privilege to have a driving license.

The best advice I can give is to put the DWI behind you and get on with your life. As others have commented, the good news is neither of us injured, or killed anyone and we have an opportunity to learn from our mistake.

A Merry (and sober) Christmas.

 

[HighwayMan]

I was actually pretty proud of my analogy.

Sorry, my reference was to the OP, not you and your analogy (of which you have the right to be proud!).

 

[dave33]

I can sympathize with your plight. Although, in no way am I defending DUI or anything else. The fact is as a `1st time offender inexperienced with the system. It can be a very intimidating proposition,especially alone.Also, unrepresented and not sure (no idea) what to do. Rarely are the future consequences explained in a satisfactory way. To do this a lot of times would slow the system, so it seems one way or another to basically be avoided. Anyway, it does seem to me to be a fundamental unfairness in the system. Fella's just an opinion.

 

[CdwJava]

I have looked at this forum on a number of occasions, AngryatTexas and I suspect you will not get much sympathy for your situation. There are a number of people who post here who do not have an agenda of offering balanced opinions and concise advice.

But, if you read his post, he did not have a legal question, he asked for opinion ...

Is it just me or is drunk driving way overblown?
​

And,

Does this seem like cruel and unusual punishment to anyone?​

And to answer his questions, my answers are "No," and, "No." He is lucky no one was hurt and I would hope that he might learn from his experience, though his attitude tells me that this may be a futile hope.

When you hold a dying 6 year old in your lap as he breathes his last breaths, and the drunk that just killed his mother and two siblings is screaming how I dared to violate his rights by cuffing him, you will understand why some of us have zero tolerance for DUI.

Oh, and he was also screaming at the dead driver for damaging his car ... never mind that HE drifted into the lane of the deceased woman and her family. And his BAC was just a "little" over the "legal limit."

As a note to others who might stop buy, the term "legal limit" is a misnomer as there is not really a "legal limit." What a 0.08 BAC represents is the "per se" limit - that BAC at which there is a legal presumption of impairment. One can be impaired at a much lower BAC, but the legal presumption tends to be either neutral or towards sobriety depending on state law. If we held to the idea of a "legal limit" then it would be perfectly fine to pop a handful of Vicodin and Soma and drive as one's BAC would be 0.00.

 

[cyjeff]

I can sympathize with your plight. Although, in no way am I defending DUI or anything else. The fact is as a `1st time offender inexperienced with the system. It can be a very intimidating proposition,especially alone.Also, unrepresented and not sure (no idea) what to do. Rarely are the future consequences explained in a satisfactory way. To do this a lot of times would slow the system, so it seems one way or another to basically be avoided. Anyway, it does seem to me to be a fundamental unfairness in the system. Fella's just an opinion.

Are you saying that there are drivers out there that DON'T know that driving while intoxicated is a really bad idea?

 

[dave33]

Guys please, I am merely suggesting that going into court your 1st time you are at an extreme disadvantage. UNless you have somebody there that has a specific interest and motivation towards your case you are in the complete control of the state. When you are a kid and make a life altering decision, maybe intimidation shouldn't play such an important role. Carl- I understand you have seen horrible,undescribable atrocities in your line of work. If I saw those same things I would most likely be a different person today. So when I say this I am no way minimizing the terrible things that happen in this world. But, the fact is, is that the o.p. did not do these things. We could "what if" each other to death, but that is a futile arguement.

 

[CdwJava]

I thank God that he did not do those things, but it does not minimize the potential damage of the OP's actions. The penalty that is being applied to him, "2 years probation, 1 year driver's license suspension, 60 hours of community service and massive fees and fines which is easily in the thousands of dollars" is not draconian. If he was not represented by counsel, he should have been. And I do not think anyone suggested he should not have been. But, to drive drunk, over the per se limit, and then blame the system for being overzealous? That's a little absurd to me.