I got a DUI.

[Masa the Masta]

Long time no see, OP9.

Well, saturday night I decided to go out and get some drinks with some friends. We went bar hopping, and on our way out from the last bar, I got pulled over and I blew a .1, thus resulting in me getting a DUI.

I'm writing this experience without expecting any sympathy. I made a stupid mistake and now I'm doing everything in my power to rectify or at least lessen the burden of being marked a criminal.

Thus far, I've contacted a DUI Lawyer and I have called the DMV and requested an Administrative Per Se hearing, I had 10 days from the date of the arrest in the State of California to do this. I've done as such and I'll receive in the mail when the date for my hearing will be. Until then I'll be driving on a previously temporary license issued for up to 30 days for up to the date of the arrest. Now I've just extended my legal privilege to drive until the date of the hearing.

Had I not done that I pretty much would've just been fucked for 4 months without a license. Now at least I have a.) a fighting chance at getting out of this and b.) even if I do lose the hearing, I'll only get my license suspended for 30 days and then have my license re-instated as a restricted license for the rest of the time, should I ask for a restricted license.

As for a court date, I have to appear in court for the actual legal trial on 11-26-08. I intend to do whatever is possible with my DUI lawyer. I need to explain to him that I'm not exactly a well off college student, I was caught in between two jobs, now probably I'll be unable to get the job I wanted since it was a driving job, and that I'm currently looking for jobs so I can start to make some sort of semblance of money so I can make payments or something, or if he can cut me a really good deal. Either way, I intend on doing everything I can to make this as least legally troublesome for me as possible.

If anyone has anything to contribute (hell, even "You're a moron" is fine, I'll take it in stride since I deserve every bit of it) to this thread, advice or have had similar experiences, that'd be great.


Sorry for not really posting in a long while. Life's been up and down. Mostly up, but now I gotta deal with this great big downer.. lesson learned, luckily.


- Masa the Masta

[OliveButtercup]

Long time no see, OP9.

Well, saturday night I decided to go out and get some drinks with some friends. We went bar hopping, and on our way out from the last bar, I got pulled over and I blew a .1, thus resulting in me getting a DUI.

I'm writing this experience without expecting any sympathy. I made a stupid mistake and now I'm doing everything in my power to rectify or at least lessen the burden of being marked a criminal.

Thus far, I've contacted a DUI Lawyer and I have called the DMV and requested an Administrative Per Se hearing, I had 10 days from the date of the arrest in the State of California to do this. I've done as such and I'll receive in the mail when the date for my hearing will be. Until then I'll be driving on a previously temporary license issued for up to 30 days for up to the date of the arrest. Now I've just extended my legal privilege to drive until the date of the hearing.

Had I not done that I pretty much would've just been fucked for 4 months without a license. Now at least I have a.) a fighting chance at getting out of this and b.) even if I do lose the hearing, I'll only get my license suspended for 30 days and then have my license re-instated as a restricted license for the rest of the time, should I ask for a restricted license.

As for a court date, I have to appear in court for the actual legal trial on 11-26-08. I intend to do whatever is possible with my DUI lawyer. I need to explain to him that I'm not exactly a well off college student, I was caught in between two jobs, now probably I'll be unable to get the job I wanted since it was a driving job, and that I'm currently looking for jobs so I can start to make some sort of semblance of money so I can make payments or something, or if he can cut me a really good deal. Either way, I intend on doing everything I can to make this as least legally troublesome for me as possible.

If anyone has anything to contribute (hell, even "You're a moron" is fine, I'll take it in stride since I deserve every bit of it) to this thread, advice or have had similar experiences, that'd be great.


Sorry for not really posting in a long while. Life's been up and down. Mostly up, but now I gotta deal with this great big downer.. lesson learned, luckily.


- Masa the Masta


It's been years since I posted too but I'm glad you're back but not with a DUI. I'm glad you're explaining the process because I'm sure some of us have been at least close to getting one and it means a lot that you're admitting it. :duh:

[Urameshi YuSooKey]

You can drink OR you can drive. Don't attempt both or bad things will happen. Make sure there's a designated driver next time.

[Myrsilus]

I'm not sure what you're going to have to do, but if you have to see a PO, do any classes, or put in some community service, be sure to keep all your appointments. Some times they cut some slack if you just show you are dedicated enough to serve the punishment.

[Masa the Masta]

I just got off the phone with the DUI lawyer.

He wants either one of the following:

$7500 up front. Covers everything.
$5500. If I get it dropped, then its dropped but if it goes to trial, another 4000.
$4500. Same as above but if I go to trial, 500/hr is his rate.

He claims he's the best DUI lawyer in the two counties he operates in. I have some more research to do on Lawyers, their rates, etc. I simply cannot cover that amount. And he is pretty iffy about payments too, even after explaining my situation. I say iffy because he says he's not liberal about payments, and that I'd have to put up a substantial amount, like 5000/7500, and then he'd be willing to do payments.

I'm looking at trying to make around 500/mo payments. More if I can afford to, since I've dropped the only two classes I was taking (luckily this was still early in the semester so it won't even be on my transcript as a "drop", it won't even exist), and now I'm going to be job hunting like a mofo.

Looks like thus far, I can at least get my morning FedEx package handling job back, which is good for about 600/mo. Good pocket change, but I'll need a bit more firepower, if I'm gonna be taking it in the butt financially, pretty soon.

My mother doesn't want to help. She pretty much wants me to go to jail, suffer the full penalty. She doesn't have the money for it anyway. I feel no hard feelings towards her, she's very conditional about love and support anyway, I'm expectant of her reactions so far.

[OliveButtercup]

I just got off the phone with the DUI lawyer.

He wants either one of the following:

$7500 up front. Covers everything.
$5500. If I get it dropped, then its dropped but if it goes to trial, another 4000.
$4500. Same as above but if I go to trial, 500/hr is his rate.

He claims he's the best DUI lawyer in the two counties he operates in. I have some more research to do on Lawyers, their rates, etc. I simply cannot cover that amount. And he is pretty iffy about payments too, even after explaining my situation. I say iffy because he says he's not liberal about payments, and that I'd have to put up a substantial amount, like 5000/7500, and then he'd be willing to do payments.

I'm looking at trying to make around 500/mo payments. More if I can afford to, since I've dropped the only two classes I was taking (luckily this was still early in the semester so it won't even be on my transcript as a "drop", it won't even exist), and now I'm going to be job hunting like a mofo.

Looks like thus far, I can at least get my morning FedEx package handling job back, which is good for about 600/mo. Good pocket change, but I'll need a bit more firepower, if I'm gonna be taking it in the butt financially, pretty soon.

My mother doesn't want to help. She pretty much wants me to go to jail, suffer the full penalty. She doesn't have the money for it anyway. I feel no hard feelings towards her, she's very conditional about love and support anyway, I'm expectant of her reactions so far.

dang Masa...keep your head up though! This was a hard lesson geez

[Fermented Yeast Paste]

I don't see how you'd get a .1 DUI charge dropped, but have fun with that.

[Plekto]

Oooh. California. I live there, too.

It's bad. As in don't bother fighting it at all or wasting your money on the lawyer. 0.1 is dead-to-rights busted.

***
Now at least I have a.) a fighting chance at getting out of this and b.) even if I do lose the hearing, I'll only get my license suspended for 30 days and then have my license re-instated as a restricted license for the rest of the time, should I ask for a restricted license.
***
A won't happen. Period. Welcome to California. The last traffic school I went to a few years ago made this crystal clear. The money is basically being thrown away. The only thing in question is the possible jail time, but being that it's a first offense, it's almost always pleadable down to community service or similar. Ie - B happens pretty much as planned, I'd say, if you're sincerely repentant and the judge isn't a total a-hole.

Especially since you're working for a living and not some utter deadbeat.

But, you'll likely be without a car or severely restricted in either case. Your insurance will also skyrocket to the point where it might be better off getting a motor scooter to deliver packages on.(or just getting a full time office job - make $2K a month answering phones or whatever) It takes about 3-5 years of higher insurance rates in CA for your DUI to no longer affect your rates, btw.

Note - some judges will also force you to install a sensor in your car(hugely expensive to rent and get fitted) that you have to breathe into to start the car. Hopefully you can avoid this - this I would talk to someone with actual legal experience about, as it's been several years since I was in traffic school.

Note - as a good place to get facts - ask your local traffic school. They should be fully up to date on it and give out the relevant information to you in a few minutes.

EDIT:
http://www.california-drunkdriving.org/laws.html

[SlickWilly440]

If one was able to, could they move out of the state that they live in and get a brand new drivers license in a different state and avoid all the problems attached to their drivers license in the previous sate? Or would the DUI charges carry over to the another state?

[Masa the Masta]

I wasn't read my Miranda rights when I was arrested.

[Plekto]

Most states don't link their DMVs, but the insurance companies do, of course.

I checked - the minimum time for a DUI in jail is 96 hours now, up to 6 months. There are dozens of factors involved that might get you off with a lesser penalty or maybe not. Community service is often possible for a first offense. but keep this in mind - the charge stays for ten years. The second offense will get zero clemency. Also, if you've ever been convicted of a DUI, insurance carriers aren't allowed to give you a "good driver" discount. At least in CA.

http://dui.drivinglaws.org/california.php

Looking it over more, a lawyer does seem to be a wise choice here, but you'll have to obviously shop around. Of course, you can DIY here, which you might have to. But even a family lawyer would be better than nothing.

P.S. I remember seeing somewhere that if your license was taken away, you have no more than ten days to apply for the provisional/restricted license from the DMV(ie - get the paperwork started). Or else they just toss it in the *come back in 6 month* category.

Oh - also, if your license is revoked for more than 45 days, most insurance carriers will drop you.(basically a scam because they can double your initial rates since you don't have insurance later on when you re-apply).

edit - apparently not being read your rights still doesn't affect the actual test - it's still admissable. Of course, talk to someone who knows more about this than I do :)

P.S. The best test is always a blood test at the station. This gives you a few minutes for it to drop lower and maybe squeak by. It's also more accurate, which may or may not be a good thing.

[Masa the Masta]

Most states don't link their DMVs, but the insurance companies do, of course.

I checked - the minimum time for a DUI in jail is 96 hours now, up to 6 months.

Yeah. FUCK THAT. :bang:

There are dozens of factors involved that might get you off with a lesser penalty or maybe not. Community service is often possible for a first offense.

I'll definitely shoot for that if I can't get this case dropped.

but keep this in mind - the charge stays for ten years. The second offense will get zero clemency.

See: first response. Also, never again, etc.

http://dui.drivinglaws.org/california.php

Looking it over more, a lawyer does seem to be a wise choice here, but you'll have to obviously shop around. Of course, you can DIY here, which you might have to. But even a family lawyer would be better than nothing.

Well, I'm definitely shopping around. That first guy is super-expensive, however he has 30+ years experience with DUIs, is an ex field sobriety test guy, etc.

P.S. I remember seeing somewhere that if your license was taken away, you have no more than ten days to apply for the provisional/restricted license from the DMV(ie - get the paperwork started). Or else they just toss it in the *come back in 6 month* category.

Called it in. DMV hasn't had the paperwork received, let alone processed it just yet. Takes about 3 to 4 weeks, once that happens then they'll send something in the mail about my hearing.

So yeah, did that earlier today.

Oh - also, if your license is revoked for more than 45 days, most insurance carriers will drop you.(basically a scam because they can double your initial rates since you don't have insurance later on when you re-apply).

Which is why I requested the Administrative Per Se hearing, so even if I lose all I'll get is 30 days and then I can apply for a restricted license for the remaining time.

edit - apparently being read your rights still doesn't affect the actual test. Of course, talk to someone who knows more about this than I do :)

Not being read my rights means that they can't use anything I said to incriminate me. Not enough to throw me out, but its less evidence for them to use.

P.S. The best test is always a blood test at the station. This gives you a few minutes for it to drop lower and maybe squeak by. It's also more accurate, which may or may not be a good thing.

I remember thinking with whatever semblance of higher levels of thought in my legally-over-the-limit alcohol influenced consciousness, that I should subject myself to the breathalyzer test for that very reason; that it was less accurate than the blood test and I'll probably end up fighting this one.

[Beowulf]

That was pretty fucking stupid man. This is gonna get you hard, I'd just plead guilty to everything and hope the judge is a nice guy. Otherwise you're basically fucked by a .1

[SlickWilly440]

I think most laws in general are created to punish those who don't know the laws and their effects to their entirety b/c most people don't have the time and resources to research all the detail information.

I mean if one knew all the trouble that is attached to getting a DUI, DWI, etc, then that would dramatically lessen the likely hood of people breaking the law in the first place.

Plus, even if an individual was totally informed about a law, that is not going to totally prevent that person from "accidentally" breaking that law. Also, if it's an accident, then the only point of punishment for doing something that wasn't intentional is to make that person have to go through a bunch of hassles and troubles?

[Ceirnian]

That was pretty fucking stupid man. This is gonna get you hard, I'd just plead guilty to everything and hope the judge is a nice guy. Otherwise you're basically fucked by a .1

Yup

I shook my head when I saw the thread title.

[Urameshi YuSooKey]

That was pretty fucking stupid man. This is gonna get you hard, I'd just plead guilty to everything and hope the judge is a nice guy. Otherwise you're basically fucked by a .1
This is the best advice so far.

You fucked up royally and now have to face the consequences. You were over the limit. You will pay the fines and might have to spend a few weeks in jail or do a couple hundred hours community service. Hiring a lawyer is a big waste of money in your case. Just take the punishment that fits your crime.

I think most laws in general are created to punish those who don't know the laws and their effects to their entirety b/c most people don't have the time and resources to research all the detail information.

I mean if one knew all the trouble that is attached to getting a DUI, DWI, etc, then that would dramatically lessen the likely hood of people breaking the law in the first place.

Plus, even if an individual was totally informed about a law, that is not going to totally prevent that person from "accidentally" breaking that law. Also, if it's an accident, then the only point of punishment for doing something that wasn't intentional is to make that person have to go through a bunch of hassles and troubles?

Or maybe people could take responsibility for their actions. Everyone knows that getting wasted and driving home is a risk to everyone involved. What if he got in a wreck and someone got killed? That wouldn't be an accident. It would be stupidity and negligence. How does one go about accidentally breaking a law, common knowledge to all licensed drivers?

[erbiumfiber]

My brother got hit with DUI in CA (whatever the lesser one is, DUI/DWI, all sound the same after a while) after something like 2 beers in an area where the cops just set up a road block near a bar or something...

So...yeah, it happens and now you're dealing with the consequences.

I think my brother was 0.08 (or less, he was whatever the minimum is to get in trouble) but even with 0.1 I really, REALLY doubt you're looking at any jail time. However, you're also not going to get off so I don't think you really need a lawyer here. I think you'll end up with community service, traffic school, high insurance, and all the other unpleasantness along with a restricted license of some kind. My brother did his community service and whatever else he had to do and that was that. He learned his lesson, it never happened again and that's probably what will happen to you. Just imagine how bad you would feel (and how much additional trouble you would be in) if you had caused an accident, thank your lucky stars that you didn't, and chalk this up as a very, VERY expensive life experience.

It is true that, in general, having a good lawyer helps enormously, but I just don't see spending that kind of money in this situation since it is unlikely he can get you off completely. You'll need the money for the higher insurance rates you're going to be hit with (hmm, young, male, and DUI...just sign your paycheck over to the insurance company directly. At least my brother was in his 30's so it was bad but he could swing it).

This is where young drinking males in Japan have a huge advantage since there is so much excellent public transportation and manga cafes if you miss the last train (and both locations accept the less-than-completely-sober).

[Roxie]

damn dude.

[SlickWilly440]

What if he got in a wreck and someone got killed? That wouldn't be an accident. It would be stupidity and negligence. How does one go about accidentally breaking a law, common knowledge to all licensed drivers?

What I was talking about was before the person decides to drink and drive (not after or in the process of).....if a person new (was informed) about all the penalties and troubles a DUI, DWI, etc charge held then that person is dramatically less likely to drink an drive.

A person can accidentally break the law by accidentally rolling forward on a stop sign or missing it (may be b/c a there was something obstructing the sign), or not realizing how fast they are going, the road could have bad lighting at night and the sign is not visible, etc.

So by common knowledge, are you saying most drivers know all the trouble and hassle a DUI, DWI, etc or all driving laws, etc hold if broken?

Also one could break some law that is unknown to a majority of people and get fined for it.

[riona]

I definitely wouldn't bother with that lawyer, if I were you. I might be wrong, but I think hiring one of the best DUI lawyers around might actually make you look guiltier, like you're trying really hard to get out of punishment? Unless you NEED your driving record to be clean for a potential job or something.
I had a friend who wasn't accepted to the army because he had got a DUI when he was 16, and it ruined his career path, because that was the only thing he ever wanted to do, but otherwise didn't have too much of an effect. And I have another friend who got a MIP last year (not the same thing, I know), and she fought it tooth and nail with a really good lawyer because she couldn't be a nurse with a MIP on her record. She got off, but it was extremely expensive.
I wouldn't go without one completely, so a family lawyer might be a good idea. Or just plead guilty and hope your judge is understanding.

[Urameshi YuSooKey]

Slickwilly, all those other examples would merit hiring a lawyer the cases could be reasonably argued. But with a simple DUI, its open and shut.


What I was talking about was before the person decides to drink and drive (not after or in the process of).....if a person new (was informed) about all the penalties and troubles a DUI, DWI, etc charge held then that person is dramatically less likely to drink an drive.
So by your logic, if someone didn't realize the severity of the punishment for a crime(although he or she still knows the actions are illegal nonetheless) then he or she should be punished less severely, or possibly not at all. Ignorance of the law (http://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat)(and its corresponding consequences) won't excuse you from it.

So by common knowledge, are you saying most drivers know all the trouble and hassle a DUI, DWI, etc or all driving laws, etc hold if broken?

Also one could break some law that is unknown to a majority of people and get fined for it.

By common knowledge I mean a law that is know to any person that has a valid license in the US. Who in America doesn't know you're not allowed to operate a motor vehicle while drunk? Someone does I'm sure, but do you think that they have a license or even drive at all? Probably not.

And yes that does happen but Masa's situation isn't the case. A good example might be illegal file sharing. 15 years ago the laws may have been there, but they definitely were not common knowlegde. It was only until the big p2p sites became mainstream that it was something everyday people were informed of.

[Myrsilus]

I'd go with what everyone is saying. Best be ready to accept your punishment.

And frankly, an attorney won't help much here; you took a breathalyzer test and scored over the legal limit. Open and shut case for you, I'm afraid.

[Plekto]

As I said, CA is total asshat territory here. Option A - getting it gone, just won't happen, because even if they toss everything else out, the 0.1 reading is still admissible and grounds for the penalty that will be imposed by the judge.

I'd get your family lawyer or similar - something inexpensive(you don't show up by yourself - always have someone who speaks the lingo) - and admit your guilt. Honestly, most judges will respect that far more than some yuppie trying to buy their way out of it.(at least in their minds - normal people can't afford $5000+ lawyers).

A few hundred dollars for the lawyer and an assload of community service. Oh, and I wasn't kidding about a moped or motorcycle. Expect your rates to literally quadruple if you are under 25. Technically motorcycle insurance counts as "having insurance" for a car later on. If you can't ride a bike, there are trikes, ones with sidecars, and various three wheel vehicles that are classified as a motorcycle(but don't require a motorcycle license or helmet if enclosed). I know this because I'm all into alternative energy vehicles, and they are a lot less to insure for younger drivers than a typical car.

[stsparky]

Masa - PM for you.

[Beowulf]

What I was talking about was before the person decides to drink and drive (not after or in the process of).....if a person new (was informed) about all the penalties and troubles a DUI, DWI, etc charge held then that person is dramatically less likely to drink an drive.

A person can accidentally break the law by accidentally rolling forward on a stop sign or missing it (may be b/c a there was something obstructing the sign), or not realizing how fast they are going, the road could have bad lighting at night and the sign is not visible, etc.

So by common knowledge, are you saying most drivers know all the trouble and hassle a DUI, DWI, etc or all driving laws, etc hold if broken?

Also one could break some law that is unknown to a majority of people and get fined for it.
Drunk driving fucking kills people. Lots of people. Do not compare it to running a stop-sign or speeding because it's just making you look like an idiot.

[koku]

so...from what I read from other people + my train of thought, FUCK an $8,000 lawyer - you don't even know if it will get dropped.

Suck it up. Put it on your record. Plead the guilty but repentive young kid. Do some community service and stop driving for a few year - get a scooter or a bus pus, kiddo.

You're lucky in that it's a first offence and you're young. You're unlucky in that you don't have $8,000 to blow and that like most people said, a .1 is auto-busted. If you can honestly get away with just some community service and no driving for 5 years, then I'd say pretty good for getting a DUI.

[erbiumfiber]

Wow...you put in "DUI and California" and go right to:

http://www.dui.com/california

dui.com : great url!

So, apparently the dui attorneys are quite organized and spend a lot of time explaining your possible defenses (I'm guessing you've already been to this site or one like it since you seem very well-informed). And I'm sure that they do work in some cases, it's just that the cost of getting out of it would probably be more than the cost of the extra insurance, etc.

It looks like the "real" license suspension is only 30 days (yes, I realize this is an eternity if you live in CA) and you can get a restricted license after that so you can go to work. Even the DUI attorneys don't try to scare you into thinking you'll get jail on a first offense.

I'm just impressed by the sheer level of organization of the website.

And you do get a lot of information for free so you really can make it through this yourself.

I'm sure you know this but DON'T ever miss any date to show up or send things in, etc. My (other) brother has had small legal troubles blow up into huge issues by ignoring things and hoping they will go away. Don't be late, dress well (it couldn't kill you to wear a suit or at least a tie), show remorse, be respectful, etc. You're young and good-looking, clean-cut, and well-spoken (as much as people "speak" on the Internet) so I'm sure you can make a good impression. You'd be amazed at how many people show up for court in jeans and sneakers and that alone makes a bad impression.

[SlickWilly440]

Drunk driving fucking kills people. Lots of people. Do not compare it to running a stop-sign or speeding because it's just making you look like an idiot.

I'm wasn't comparing drunk driving to running a stop sign, etc. I kept both those topics separate. A category where knowing the extensive consequences of a law reduces breaking a law such as DWI, DUI, etc, and a category where even knowing the extensiveness of the law cannot fully prevent accidental breaking of the law (I wasn't including drinking and driving laws when I said that). I never said a person can accidentally break a DWI, or DUI law or making a comparison. I should have separated the domain of laws between the two categories, for what is not included in the second category.

[OliveButtercup]

I'm wasn't comparing drunk driving to running a stop sign, etc. I kept both those topics separate. A category where knowing the extensive consequences of a law reduces breaking a law such as DWI, DUI, etc, and a category where even knowing the extensiveness of the law cannot fully prevent accidental breaking of the law. I never said a person can accidentally break a DWI, or DUI law.

I didn't think that's what you said either :rolleyes:

[archdukezeb]

I think most laws in general are created to punish those who don't know the laws and their effects to their entirety b/c most people don't have the time and resources to research all the detail information.

I mean if one knew all the trouble that is attached to getting a DUI, DWI, etc, then that would dramatically lessen the likely hood of people breaking the law in the first place.

Plus, even if an individual was totally informed about a law, that is not going to totally prevent that person from "accidentally" breaking that law. Also, if it's an accident, then the only point of punishment for doing something that wasn't intentional is to make that person have to go through a bunch of hassles and troubles?

I think people are well aware of the consequences of drunk driving, the legal and the effect it has on innocent people. Think about how many drunk driving ads you've seen in your life. Think about how taboo it is in our society. But even still people do it just like people decide to do drugs, smoke, drink, whatever because they choose not to think about the consequences.

People have been told they just choose not to listen.

[Samurai_Pooh]

That really sucks

[Masa the Masta]

I spoke with another attorney today. He offered to do it for 2,000. He may not be a DUI specific Lawyer with 30+ years in handling cases as well as being a field sobriety test instructor and a whole slew of other things like that $7,500 guy is, but he'd do what he can.

He saw that I was 21, bilingual, and pretty much with an Associates. He asked me what I was interested in, and I told him that I already previously thought about law, but after these experiences and speaking with attorneys, I told him that Law was a much more interesting field than just something I'd entertained superficially.

He told me, "I'm going to be honest. If you commit yourself for the next 5 years of your life to seriously buckle down and go to school, I guarantee that at 26 you'll be a Lawyer." He said some other pretty inspiring things that I'll spare everyone about, that got me thinking towards the profession.

It sounds nice.

[Samurai_Pooh]

I've heard Law is an excellent profession full of personal growth and professional development. I've also heard that lawyers are wonderful, compassionate, normal people that make piles of money.

Lawyers also love to drink, I think you should look into it.

[ellie]

I'm not exactly sure what to say--I HUGELY disapprove of drunk driving. I'll drive after a glass of wine with dinner or something of that nature, but driving while intoxicated is just irresponsible. I'm sure you know that though, and that your experience wasn't a frequent thing for you. Everyone makes mistakes.

At least you didn't get in an accident while under the influence. One of my closest friends was in a car accident a couple years ago. She was driving after having had a few beers. She wasn't drunk, but she WAS intoxicated to some degree. She hit a woman on a bicycle, and the woman ended up with some brain damage because she wasn't wearing a helmet. My friend was charged with a DUI. She refused to blow at the scene and only blew later at the police station, where she registered something like a 0.07, which is below the limit but she was under 21 and some time had passed since the incident. She also was driving someone else's car, the owner of the car wasn't with them, there were several other under-age drunken people in the car, and several open containers and a bag of pot. She spent the night in jail. After all was said and done, she lost her license for a year, paid around $5000 in lawyer fees AND court fees, was on probation for a year. She hasn't gotten her own car since then because insurance would be insanely crazily expensive for her. I know her story isn't the same as yours, but the same type thing COULD have happened to you.

My cousin Laura was killed by a drunk driver. This happened before I was born so I never knew her. My aunt was driving when a drunk driver rammed straight into her car, killing her little girl and my aunt still limps from the accident.

I've never gotten a DUI, but I can give a little (possibly BAD) advice about insurance. I was in an accident two years ago, where I was at fault. My insurance went up a LOT. Luckily my parents were still paying for my insurance at the time, but I know that the rates went up something like $1000 a year. I started paying for my own insurance this past spring and my rates were still high. However, after moving a few times and switching insurance companies a few times whenever I moved to a different state, somehow my car accident has disappeared from my insurance stuff! I just got new insurance when I moved back to NC last month, and I told the insurance person about the accident, but somehow through the several moves it disappeared from my record. So my rates are back low! I'm on the same insurance policy as my boyfriend now, and have FULL coverage and only a $100 deductible, and yet my insurance each month is only $60. That's amazing. Before, I was paying $150ish/month for the state minimum insurance. So maybe you could try moving around a lot and maybe your problems will disappear. Hey, it worked for me!

[Beowulf]

However, after moving a few times and switching insurance companies a few times whenever I moved to a different state, somehow my car accident has disappeared from my insurance stuff! I just got new insurance when I moved back to NC last month, and I told the insurance person about the accident, but somehow through the several moves it disappeared from my record. So my rates are back low! I'm on the same insurance policy as my boyfriend now, and have FULL coverage and only a $100 deductible, and yet my insurance each month is only $60. That's amazing. Before, I was paying $150ish/month for the state minimum insurance. So maybe you could try moving around a lot and maybe your problems will disappear. Hey, it worked for me!
Uhhhh you do know that your insurance resets when you reach a certain age (usually 24) right...?

Masa, why are you fighting this? They have dead to rights man, the only thing a lawyer will do is drain your checkbook.

[Plekto]

That's why I suggested a simple family lawyer to mostly deal with the paperwork and so on - $2000 is still way too high since the main charge isn't going to be possible to contest, no matter what the weasels on the phone may say.

[japanat]

Even if they have you dead to rights, a lawyer is a good idea. They can keep your punishment down to a manageable level, when you might have no clue what to do in the punitive positions.

My buddy got arrested for DUI in college, with a BAC of 0.15, well over Colorado's limit. When we went to pick him up, they asked his name and birthdate, and he gave them his height and weight. They told us to come back in 12 hours to get him.

But using a lawyer (even a free lawyer from the campus legal aid office) greatly reduced his damages. He ended up paying a $2000 fine, lost his license for 90 days, and did 24 hours public service. 90 days. 24 hours.

Masa, you're a student, right? Talk to legal aid on campus, too. You don't want to fight the DUI so much, as try to reduce the sentence. Just the fact of having a lawyer often leads to lesser sentences, because they know you could fight any high sentence.

[Masa the Masta]

Even if they have you dead to rights, a lawyer is a good idea. They can keep your punishment down to a manageable level, when you might have no clue what to do in the punitive positions.

My buddy got arrested for DUI in college, with a BAC of 0.15, well over Colorado's limit. When we went to pick him up, they asked his name and birthdate, and he gave them his height and weight. They told us to come back in 12 hours to get him.

But using a lawyer (even a free lawyer from the campus legal aid office) greatly reduced his damages. He ended up paying a $2000 fine, lost his license for 90 days, and did 24 hours public service. 90 days. 24 hours.

Masa, you're a student, right? Talk to legal aid on campus, too. You don't want to fight the DUI so much, as try to reduce the sentence. Just the fact of having a lawyer often leads to lesser sentences, because they know you could fight any high sentence.

That's basically the reason why I'm hiring a lawyer. Not so I can get out scott free, oh no. I'm just looking to have this reduced to something more..manageable.

[Duke Luke of Juke]

Good luck with everything Masa. We all fuck up, the important thing is to learn from our mistakes. That's what separates the temporary fuck-up from the permanent one.

[ellie]

Uhhhh you do know that your insurance resets when you reach a certain age (usually 24) right...?



As far as I know, that's not true...why would your insurance reset at a certain age? So I could get 29898 speeding tickets at age 23 and then it would disappear within a few months? Something about that doesn't seem right. I know that with most insurance companies, a wreck or ticket will disappear from your record after either three or five years after the incident (depending on the incident and the insurance provider.) My car accident happened two years ago, so it should still be showing up on my driving record. Plus I'm only 22 so you're theory of it resetting at age 24 doesn't fit, either.

[akitaka]

Just chiming in to thank Masa for the thread and any advice given here (japanat's bit was especially helpful; I'll make sure that my friends who drink and have a vehicle know this if they get in a pinch, though we're pretty tight on the DD thing).

Hopefully California isn't that much harsher than Colorado, all I know is that a friend of mine that I hadn't talked to in a while had to go to prison for a few months for his offense back in Arizona and, needless to say, he didn't enjoy it.

[Plekto]

California is by far the worst. Like Texas is to felons and death penalties, California is to DUIs and driving.

[Nights_into_dreams]

You're an idiot.

That needed to be said, first of all. Driving under the influence is stupid no matter who you are. I've taken keys away myself from people more than once because he or she feels well enough to drive after tying more than a few on.

You do not need to be read your Miranda rights unless you are being interrogated (Miranda v. Arizona, 384 U.S. 436 (1966) ), but you can be asked basic info like your name and whatnot without invoking it (Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004) ). I don't know what happened in your situation, but keep that in mind.

A lesson for those of you who might get DUIs in the future: Check out the penalties for refusing a breathalyzer test in your state. For example, it is better to refuse one in my state of Tennessee than to give one. You lose your license for awhile longer, but you do make the case harder to prove for a DUI.

In Cali, you can be required to give a blood test if you initially refuse a breathalyzer test. That test is more accurate than a breathalyzer and you can be slapped with rather substantial penalties in that state.

Best advice of all, don't drink and drive -.-;

And Masa, I myself am currently in law school, so if you are interested in all about it, shoot me an IM or a PM and I'll be more than happy to chat about it with you :)

[Hikoku-Y]

And Masa, I myself am currently in law school, so if you are interested in all about it, shoot me an IM or a PM and I'll be more than happy to chat about it with you :)

Masa,

As a third-year law student, allow me to say that getting legal advice from someone in law school (especially someone in law school in a different state) is an extraordinarily bad idea. Erbiumfiber is actual lawyer, and even though her field (intellectual property) has nothing at all to do with your problem, you're far, far better off getting advice from her. Law students generally don't have the capacity to give advice that reflects an adequate understanding of legal practicalities or a comprehensive understanding of the law. Don't listen to us.

Edit: It seems that the above poster may just be offering to chat with you about law school, not about the legalities of your case. If so, I definitely encourage that.

[japanat]

I may be wrong, but I think both Masa and Nights are talking about Masa's getting advice about studying law, not about his DUI case.

[Hikoku-Y]

I may be wrong, but I think both Masa and Nights are talking about Masa's getting advice about studying law, not about his DUI case.

Yeah, I think you're right. I just edited to reflect this.

[erbiumfiber]

Actually, I was pretty impressed with all the stuff out there on the Internet, that website in particular. Yes, it's great if you can afford a good lawyer, my advice about going it alone was based on the premise of not being able to afford one.

For example, in my jurisdiction, certain issues regarding custody and child support were pretty much laid out by formula and there were also court-appointed mediators so, on the advice on an attorney, I chose to go it alone while going for custody of my daughter (while a law student) because I had no money for a lawyer at the time. I also probably managed to avoid a full-blown custody battle by keeping things very low-key and agreeing a lot less than the statutory amount of child support (but I got my daughter, which was all that mattered to me and my ex could have very easily won custody as I was working AND going to law school...). So, in my case, having an aggressive lawyer would have made the whole situation worse even if I eventually had gotten more child support (but paid away any gains in legal fees).

That said, probably better not to take advice of an out-of-state lawyer who doesn't do criminal work...:box:

But I read a lot of that website and, coupled with a family member's experience, it looks like there is about zero chance of jail time and the rest is just how much community service and how much time on a restricted license. (yes, the site gives a TON of advice on the many ways you can fight it and I'm sure they work in some cases, maybe even yours, which is fine if you have a boatload of money for a trial). And if you can live with any amount of the latter two penalties, then save some money and go it alone. If you really need to get the latter reduced, then try a good lawyer. Mostly it seems pretty cut and dried...

And the advice about seeing if there is free legal advice on campus (or any community-based system) is definitely good. Free is always a good thing...