anybody here ever get a dwi?

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

The Juggler

EmBleve wrote:

RKCNDY wrote:

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

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

no. i know plenty of people with dui's who've gone to canada.

81

The Juggler 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.

no. i know plenty of people with dui's who've gone to canada.

laws and reality are two different things.

lukin2006

EmBleve wrote:

RKCNDY wrote:

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

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

Yup...even a misdemeanor is justification to be denied entrance.

lukin2006

The Juggler 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.

no. i know plenty of people with dui's who've gone to canada.

If their asked or the customs officer finds out...he/she can deny entrance.

lukin2006

EmBleve wrote:

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??

From what I understand you have to get the conviction expunged or apply for some sort of temporary visa...after all it is a felony...and a very serious felony. The same applies both ways...

EmBleve

lukin2006 wrote:

From what I understand you have to get the conviction expunged or apply for some sort of temporary visa...after all it is a felony...and a very serious felony. The same applies both ways...

A dui isn't a felony. :?

lukin2006

EmBleve wrote:

lukin2006 wrote:

From what I understand you have to get the conviction expunged or apply for some sort of temporary visa...after all it is a felony...and a very serious felony. The same applies both ways...

A dui isn't a felony. :?

http://www.ehow.com/list_6114545_dui-pe ... anada.html

It's up to the crown how they proceed...It's still a criminal record, and I'm sure the in the US the DA has the same option.

slightofjeff

A little more info:

Our county DA and police chief have had a bug up their ass about DWI recently, and for good reason. So our county is stricter than most in the state or the country.

The "obstruction of highway" plea deal is the only deal I'm going to get. DA won't come back later and give you reckless driving or public intoxication or anything like that. If I turn down the OAH deal, the case WILL go to trial.

My potential lawyer -- who is very good and widely known -- thinks he can get me off on a couple of fronts. Since the officer told me I could go home faster if I blew into the breath machine -- which apparently is considered a form of coercion -- the lawyer thinks he can get the breath test result deemed inadmissable in court.

At which point, the state's only case are the field sobriety tests, which frankly are so convoluted that I couldn't pass them right now dead-ass sober.

The big downside is that it's going to cost me an additional $7,000 over just taking the OAH deal. My question seems to be: Is it worth an extra $7,000 not to have "obstruction of a highway" show up on my background check?

EmBleve

lukin2006 wrote:

It's up to the crown how they proceed...It's still a criminal record, and I'm sure the in the US the DA has the same option.

yes, but like that says, most are considered misdemeanors. Unless you have multiple convictions, which I'm sure is a different story.

Yellow Ledbelly

I got one 10 years ago.
Thought I had it taken care of through people I knew.
Patrolman didn't show up for initial court date, which results in the dismissal of the case with prejudice, meaning the case could be refiled within 90 days.
After about two months, it was refiled after MADD began questioning the reason for not pursuing several such cases.
Lawyer tried to pull a few tricks that didn't work.
Eventually got convicted in justice court.
Told my boss at my job I had had just a couple of month I was about to be without a license for about 3 months.
He said he knew I had gotten one but thought it was over. "You should've already told me."
Two days later it was dismissed totally.

I'm a lucky fucker – nothing on my record at all – but I definitely paid for it.
Learned my lesson too.

Good luck