anybody here ever get a dwi?

slightofjeff

I screwed up, had a bad night, and got one last Saturday. I'm not here, really, to minimize my crime. I wasn't completely blitzed, but I was over the legal limit. So, they got me ...

What I'm wondering is ... what am I in for?

Our DA has a program for minor first offenses, like mine, which would allow me to plead guilty to obstruction of a highway instead of a DWI. It would come with a whole bunch of hoops to jump through for a year or so, but nothing I can't handle. The downside is, it is a conviction, and the misdemeanor will be on my record for life. I am uncertain how much that record will affect me practically, in everyday life (will I be unable to get car loans, insurance, a job ... I honestly don't know).

If I choose this route, a lawyer can handle this for about $1,800.

My only other alternative is to fight the charges in court, and my defense attorney thinks I've got a good shot at getting off (of course, that's what you'd expect him to say). If I am found not guilty, the whole thing goes away. I have no record to speak of. To go this route would cost about $9,000. I don't really have that money on me, but could probably scrape it together.

Anybody ever been through this? Anybody have any thoughts?

And, please, I don't need anyone else coming down on me. I know I screwed up. Nobody can make me feel worse than I already do. And, believe me, this isn't going to happen again. I'm not a drunk. I'm just a guy who went to a concert at the end of a shitty week and had four or five beers.

EmBleve

I thought I heard one time it comes off your record in 7 years??

Jason P

Consult a lawyer. I wouldn't trust my legal outcomes to a bunch of Pearl Jam fans like me ... oh, wait ... Catch-22 :shock:

slightofjeff

EmBleve wrote:

I thought I heard one time it comes off your record in 7 years??

Not where I live. It's pretty strict, from what I'm hearing. I think it can vary, state-to-state.

PureandEasy

No, i've never had to deal with this.

Where are you located?

SPEEDY MCCREADY

Call a lawyer...
And good luck...

slightofjeff

Jason P wrote:

Consult a lawyer. I wouldn't trust my legal outcomes to a bunch of Pearl Jam fans like me ... oh, wait ... Catch-22 :shock:

Ha ...

Well, as you can see from my post, I've consulted a lawyer (two, actually) who has laid out my options for me. I'm not really sure what to choose. I'm not really looking for advice here, per se ... just wondering if anybody else has been through something similar.

Maybe the question I have for the forum is this: If I have a conviction for misdemeanor highway obstruction on my life forever, how does that affect me? What is the practical application in day-to-day life?

If it is basically meaningless, then it seems the cheaper option is the way to go, even if it creates a record for me.

polaris_x

good on ya for owning up to everything ... i hope it works out for you and doesn't impact you in the future ... we all make mistakes ...

EmBleve

slightofjeff wrote:

EmBleve wrote:

I thought I heard one time it comes off your record in 7 years??

Not where I live. It's pretty strict, from what I'm hearing. I think it can vary, state-to-state.

Oh my. I have had a bf in the past who has had one, so I am somewhat familiar. I think getting off depends on how over the limit you were. It really sucks. I'm sorry it happened. I bet you won't do it again, though. Live and learn.

Empty Glass

That sucks dude. Hope for the best for you. I'm not sure how it works nowadays as far as future impact. I just don't know how you can plead not guilty if there was a breathalyzer or blood test.

Good Luck.

Cool Face Ryan

tell them you know you were drunk, but you had diarrhea

Jason P

slightofjeff wrote:

Jason P wrote:

Consult a lawyer. I wouldn't trust my legal outcomes to a bunch of Pearl Jam fans like me ... oh, wait ... Catch-22 :shock:

Ha ...

Well, as you can see from my post, I've consulted a lawyer (two, actually) who has laid out my options for me. I'm not really sure what to choose. I'm not really looking for advice here, per se ... just wondering if anybody else has been through something similar.

Maybe the question I have for the forum is this: If I have a conviction for misdemeanor highway obstruction on my life forever, how does that affect me? What is the practical application in day-to-day life?

If it is basically meaningless, then it seems the cheaper option is the way to go, even if it creates a record for me.

Doing some Google detective work, it looks like the Highway Obstruction is used when the prosecutor doesn't have an air-tight case OR you are a first time offender. It looks like a lot of the fines are the same as a DUI, but the Highway Obstruction charge probably improves their conviction rate and takes up less of their time.

I've never heard of a Highway Obstruction charge before today and it looks like it is specific to Texas and maybe a few other states. If you can fight the charge and win, I'd spend the $1,800 on the lawyer. My friends with DWI's had their car insurance rates go sky-high ... I would be surprised if insurance companies don't do the same with a Highway Obstruction.

81

never had one, but i woudl guess your insurance would go up....alot.

tell the judge that the cops handled your evidence improperly. local judge here is using that angle. what a douche.

i dunno...obstruction of a highway doesn't sound to bad. have no idea what it is tho.

good luck.

FrankieJ

The only way the obstruction of highway misdemeanor will affect you is if you are applying for a job, getting a loan, etc.

Do you really think you can get it over turned? If you do and then lose anyway a dwi looks alot worse than an obstruction of highway...

good luck

RKCNDY

I've had friends with many DUIs...if you plead giulty, then you will have to have the SR22 on your record, which makes it impossible to get car insurance. here you gotta deal with this guy for SR22 insurance: http://www.youtube.com/watch?v=Ym7h-pPB2is

yes, it's a real commercial, a real insurance company.

and if you have a DUI, Canada won't let you in.

Most of my friends try to fight it, the others just get the SR22 and then go on to get another DUI. :roll:
I would try to fight it, the worst thing is that your lawyer could make you settle for reckless driving which WILL go away.

EmBleve

RKCNDY wrote:

and if you have a DUI, Canada won't let you in.

Really?!?!?!?! Forever??? I have never heard of this.

81

EmBleve wrote:

RKCNDY wrote:

and if you have a DUI, Canada won't let you in.

Really?!?!?!?! Forever??? I have never heard of this.

just looked it up...it is fact...although there seems to be ways around it, although they are complicated.

i miss the days when you just drove to the border, paid your Ambassador bridge toll and drove over. customs consisted of them asking what you planned on doing in canada and how long you would be there. :( i'm not even sure they looked at DL's back then.

seems like if you really wanted it, you could drive up to North Dakota and walk across.

mn223799

I got one when I was 23, in the State of Ohio... I recvd my best advice on them when I was 18 and heading off to college, never take the breathalyzer as that is hard evidence against you; if you did not take the breathalyzer than you are going off a field sobriety test which is subjective evidence and can be disputed in open court. However, if you took a breathalyzer my only advise is to have your lawyer ask for the most leinent sentece possible; and have the DA go from there. But as others have said it really depends on your State, and the harshness of the penalties there within. I would try to plea down to failure to maintain control of a vehicle or another type of moving violation, even claim that you would be willing to do a BS weekend class about the dangers of drinkign and driving; otherwise man do your best in court to show yourself in a positive light and maybe the judge will have leinency.

he.who.forgets

I got one in college 8 years ago...it sucks. Mine occured in FL so I'm not sure how the laws differentiate. I was flat out drunk and should not have been behind the wheel. Funny thing is though, I was a block away from my destination and at a stop light. I was stopped for loud music (and I only had factory speakers). Anyway, that's besides the point. I failed the field sobriety test and also submitted to a breathalzer. I ended up simply pleading guilty to avoid any attorney fees. My license was suspended for one year with the chance to apply for a hardship license (to commute to work or school) after 6 months. Had to take drug & alchohol counseling for 12 weeks and take several driver safety courses. Once I was back on the road I had to apply for "High-risk" car insurance which actually isnt all that expensive...got basic coverage for about $110 a month. All in all, with court fees, counceling, driver's classes, higher insurance rate, etc. the whole ordeal probably cost me $1,000 - $1,500. Plus the inconvenience was really a bitch. In Florida the DUI completely goes away from your driving record after 7 years, however, I beleive it will still be on your criminal record. I currently pay about $55 a month for car insurance. Bottom line, DUI's suck, but a fair penalty and deterent I guess for a stupid act. Hoping all goes well for you.

EmBleve

81 wrote:

just looked it up...it is fact...although there seems to be ways around it, although they are complicated.

i miss the days when you just drove to the border, paid your Ambassador bridge toll and drove over. customs consisted of them asking what you planned on doing in canada and how long you would be there. :( i'm not even sure they looked at DL's back then.

seems like if you really wanted it, you could drive up to North Dakota and walk across.

omg, this is crazy!! You mean to tell me, if someone had a DUI say, 15 years ago for example, and they want to go to Niagara Falls Canada side they can't go???? EVER??

Glorified Greg

I had gotten one 7 years ago. I don't know what the laws are in your state but this is what I got and I've got a small record getting busted with the ganj. They never gave me a plea deal like they did for you, the obstructing a highway charge. Which personally I would take! But I would do some research on what penalties that includes. I was pulled over a street away from my cousins house, where I was living at the time. The cop had pulled me over in the front of my car. He had blocked the road off in front of me and turned his lights. Mind you I had just left the bar after drinking a ton of beer and had literally done two jaegers before I decided to hop in my car. He said I had screeched my tires, which he was all the way down the block. I was driving a 86 gold monte carlo. My baby at the time. But anyways they made me do all these bullshit tests. Which I failed and kept calling the officer dude. He didn't like that. lol. I tried to reason with him to let me park the car I lived on the next street. That was happening! They took me to jail. The police will try to scare you into blowing. They did to me. They make up these charges you'll get if you don't blow. So I blew. I blew twice and it didn't register on their machine. So they took me too the next city over. Where I blew again. In hinesight this was my out. If had told them I blew I can't help that your machine is broke, I could have gotten a lawyer and got out of it, probably. I will say this once you blow they got you! Your only good chance of beating a case is not blowing. Unless you get a great $$$ lawyer or your dad is a public official or something like that. I got a lawyer. I got 9 months suspended license, $1500 fine, lawyer was $700, 3 days in jail or a alcohol awarness hotel which is $400, and 1 year probation. I took the 3 days in jail it was free. I feel for ya. We all make mistakes. That next day was one the worst days in my life! You'll be fine. I do drink on the weekends but now I take a cab everywhere. It ain't worth it! Good Luck.

he.who.forgets

mn223799 wrote:

I got one when I was 23, in the State of Ohio... I recvd my best advice on them when I was 18 and heading off to college, never take the breathalyzer as that is hard evidence against you; if you did not take the breathalyzer than you are going off a field sobriety test which is subjective evidence and can be disputed in open court. However, if you took a breathalyzer my only advise is to have your lawyer ask for the most leinent sentece possible; and have the DA go from there. But as others have said it really depends on your State, and the harshness of the penalties there within. I would try to plea down to failure to maintain control of a vehicle or another type of moving violation, even claim that you would be willing to do a BS weekend class about the dangers of drinkign and driving; otherwise man do your best in court to show yourself in a positive light and maybe the judge will have leinency.

I always got that advice as well, however in FL, if you refuse the test you automatically lose your license for 6 months, even if you end up innocent. That right there was enough for me to just blow instead of paying out the nose for an attorney.

RKCNDY

81 wrote:

EmBleve wrote:

RKCNDY wrote:

and if you have a DUI, Canada won't let you in.

Really?!?!?!?! Forever??? I have never heard of this.

just looked it up...it is fact...although there seems to be ways around it, although they are complicated.

i miss the days when you just drove to the border, paid your Ambassador bridge toll and drove over. customs consisted of them asking what you planned on doing in canada and how long you would be there. :( i'm not even sure they looked at DL's back then.

seems like if you really wanted it, you could drive up to North Dakota and walk across.

here's the website: http://www.tripadvisor.com/Travel-g1533 ... tions.html

they asked me a billion questions last time I went...and that was before 9/11!

81

a lot of place if you don't blow, it's an automatic DL suspension now.

Glorified Greg

he.who.forgets wrote:

I got one in college 8 years ago...it sucks. Mine occured in FL so I'm not sure how the laws differentiate. I was flat out drunk and should not have been behind the wheel. Funny thing is though, I was a block away from my destination and at a stop light. I was stopped for loud music (and I only had factory speakers). Anyway, that's besides the point. I failed the field sobriety test and also submitted to a breathalzer. I ended up simply pleading guilty to avoid any attorney fees. My license was suspended for one year with the chance to apply for a hardship license (to commute to work or school) after 6 months. Had to take drug & alchohol counseling for 12 weeks and take several driver safety courses. Once I was back on the road I had to apply for "High-risk" car insurance which actually isnt all that expensive...got basic coverage for about $110 a month. All in all, with court fees, counceling, driver's classes, higher insurance rate, etc. the whole ordeal probably cost me $1,000 - $1,500. Plus the inconvenience was really a bitch. In Florida the DUI completely goes away from your driving record after 7 years, however, I beleive it will still be on your criminal record. I currently pay about $55 a month for car insurance. Bottom line, DUI's suck, but a fair penalty and deterent I guess for a stupid act. Hoping all goes well for you.

LOL. He who forgets. Sounds sort of like my case. 1 fukn street away! I remember I was jammin some RHCP LOUD, when I got pulled over.

81

RKCNDY wrote:

they asked me a billion questions last time I went...and that was before 9/11!

it's been years since i've been (maybe 04), but it was never more than a few questions. easy peasy. coming back, the US people were a little more cranky, asking what you were doing, where you live, anything to declare...but still not very painful.

JaneNY

EmBleve wrote:

RKCNDY wrote:

and if you have a DUI, Canada won't let you in.

Really?!?!?!?! Forever??? I have never heard of this.

I've heard of this. There are people on this board who have missed Pearl Jam shows due to it. I think there's a way to pay and get 'rehabilitated' or something - it should definitely be kept in mind though if you plan to go to Canada in the future, so you don't get caught by surprise.

Here's some info - I looked it up:
http://www.tripadvisor.com/Travel-g1533 ... tions.html

EmBleve

JaneNY wrote:

definitely be kept in mind though if you plan to go to Canada in the future, so you don't get caught by surprise.

Here's some info - I looked it up:
http://www.tripadvisor.com/Travel-g1533 ... tions.html

yeah, I just looked this link up from a few posts back in the thread. Thanks! That is totally crazy to me! It seems like there is a lot to do, even if it's been more than 10 years. Wow. Learn something new every day.

PureandEasy

Last time I went to Canada was through Buffalo. We got to the border, the guy took our DL’s and asked where were going and what for. We said Kitchener, London, and Hamilton for Pearl Jam shows. He said, I’m going to all of three of those shows too, and points to the guy in the next booth and says, so is he, then handed us back our ID and said have a nice day.

I could’ve had a boat of load of drugs on me and it would have been no problem.

Oh and one of the guys I was with did have a DWI back in the early 80's but they never checked, so we lucked out.

RKCNDY

81 wrote:

RKCNDY wrote:

they asked me a billion questions last time I went...and that was before 9/11!

it's been years since i've been (maybe 04), but it was never more than a few questions. easy peasy. coming back, the US people were a little more cranky, asking what you were doing, where you live, anything to declare...but still not very painful.

I got questioned going IN to Canada!

why are you visiting?
how long are you staying?
where are you staying?
what will you be doing?
where do you work?
what do you do for work?
how long have you worked there?
what is your job title?

coming back was easy...wait 4 hours in line and "hey, did you have a nice trip?" while the scary looking dog sniffs around the car.

81

RKCNDY wrote:

81 wrote:

RKCNDY wrote:

they asked me a billion questions last time I went...and that was before 9/11!

it's been years since i've been (maybe 04), but it was never more than a few questions. easy peasy. coming back, the US people were a little more cranky, asking what you were doing, where you live, anything to declare...but still not very painful.

I got questioned going IN to Canada!

why are you visiting? to farmhow long are you staying? till harvest seasonwhere are you staying? on the farmwhat will you be doing? farmingwhere do you work? at the farmwhat do you do for work? on the farmhow long have you worked there? couple of yearswhat is your job title? farmer
coming back was easy...wait 4 hours in line and "hey, did you have a nice trip?" while the scary looking dog sniffs around the car.

you must look sketchy :P