GF got a DUI. What can she expect?

In My Humble Opinion
41

Been there done that.

My lawyer got the charged reduced to “physical control while under the influence.” It’s an Ohio charge given to people who are over the limit, car keys are in the pocket, and leaning against their parked car. The main difference is that this charge carries 0 points vs. a DUI.

It didn’t impact my job at all. I even applied for a DOE secret clearance a year later, and the conviction was not a problem.

I didn’t blow, so my license was taken away for 6 months. But I got driving privileges to and from work, so it wasn’t too big of a deal. I also had to take a 2-day “intervention class.”

It’s the only conviction on my record. I wish it wasn’t there, but a lot of people have a worse record. So I don’t fret too much about it.

The best thing is that it changed my drinking habits. If I have just one beer, for example, I do not drive. I want a 0% chance of it ever happening again.

42

It sucks that it takes something big open your eyes. I opened her eyes to the possibility that things like this CAN happen to her and not just other people. And by proxy, my habits are changed because I don’t want to be put in that situation, or worse yet, cause her harm or grief.

43

And while we’re on topic.

A friend of mine used to work for the courts in Dayton. I asked him why the fines were so severe for DUI compared to other misdemeanors. He said the official reason was the danger it imposes on other drivers, and that heavy fines act as a disincentive. The unofficial reason was that the courts make a lot of money off of DUI offenders. He said that, unlike a lot of other misdemeanors such as drug and DV convictions, DUI offenders tend to have a lot of money.

44

A professional in any field, such as a lawyer in a DUI, has the expertise to guide her through a maze. One thing she may find are alternatives where she may find help and may mitigate the event. I’ve sat through my share of court cases as a newsie and as a witness in a half dozen DUI arrests. Often a lawyer has the defendant voluntarily take alcohol awareness courses before the court appearance, which helps.

Regardless the defendant will pay a terrible monetary price. A cost will be exacted. However, with professional guidance the defendant will likely learn from her mistakes.

Regardless of popular opinion lawyers are unlikely to help anyone just walk.

45

What people don’t realize is that you can be over the limit after drinking just “2 or 3 beers.” And it’s not even necessary to be over the 0.08% limit.

A DUI won’t ruin your life. And I doubt most employers care (unless it’s a driving-related job). But there will be a lot of hassle and inconvenience in your life for a few months. I will never go through that again, that’s for sure.

46

I know that your GF is scared shitless, but that’s the point. If she takes this seriously and can mitigate the punishment, it’s well worth the cost. IMO first offense DUI penalties are unrealistic in many, if not most, cases. Trusting the justice system in a DUI case is pure folly, get a good atty., it’s money well spent. And never drink and drive again, even after ONE drink! You can take a cab a long way for a few grand and not suffer the humiliation of arrest and jail.

47

What’s even sadder is when something like a DUI doesn’t open a person’s eyes…Both my parents got DUIs within a year of each other. My dad’s reaction was to suck it up and accept his punishment (even though he was just a block away from home, it doesn’t matter!) and he realized “Wow, I have really got to get this under control. The monetary penalty, losing insurance, and risks aren’t worth it.” Now he never drives after he has a drink. My mom was the first of the two to get the DUI. It was the mid-morning and she was already wasted. The cop just wanted to tell her to check her tail light, he wouldn’t had even gotten her had she just stopped her drunk chat! Anywho, she got busted and fined just like my dad. Had her license taken away. She met with a probation officer (who was the “nicest lady” and even owned a bar! :rolleyes: ) who was too kind on my mom and reinstated her driving abilities. We found out that my mom was supposed to hold down some type of job as a part of the probation agreement but the “nice” officer never held her up to it. Unlike my dad, my mom didn’t learn a damn thing from the experience and still drinks and drives. It all depends on character of the person. I hope your girlfriend comes out all right and learns from the experience.

48

Why are DUI-related threads considered a valid excuse for threadshitting?

49

My GF is 95 lbs soaking wet. It doesn’t take much, that’s for sure.

50

I disagree with every bit of your unofficial reason. Over the course of 10 years of law enforcement I can say that the DUI offenders ran the gamut of poor to rich. If anything they tend to be poorer rather than richer. In fact I would say most that I have dealt with tend to be lower middle to low on the income scale. Maybe there are a lot of rich drunks in Dayton.

I have never seen a prosecutor just give up a DUI case. At the municipal court level there are no capital murder cases. DUI is just about the most serious case they get. A good (by good I mean expensive) DUI specialist will nickel and dime a case to death. They drag the case out for months with continuances. Pick apart every bit of discovery. Call in expert witnesses. When there is finally a trial they will have the officer up on the stand for hours. Sometimes it works, sometimes it doesn’t. I once heard one of the leading DUI lawyers in the state say that he was ready to finally make a deal because he got all the money he could out of his client. This was after many months and multiple continuances. I won’t mention the name but if you google “New Jersey” and “DUI” his name will probably be in the top ten. YMMV by state of course.

51

Umpteenth endorsement of get a GOOD lawyer. I had a friend who got popped, pretty flagrantly, and was able to get off with a six-month suspension, and a year’s probation. Not bad, considering the alternative involved 90 days in jail, a trillion dollar fine, and long-term licensce revocation.

52

The severity of the punishment seems to depend a lot on the state where it occured, I guess. For her first DUI, a friend of mine got six months probation, a month license suspension, and an A.R.D., which means that once her probation is up, her record will be wiped clean. And she didn’t even have a lawyer!

That said, you really do want the best attorney you can afford - preferably one who does mostly (or solely) DUI cases.

53

Not entirely on topic, but it still is worth repeating:

Get one DUI, and your chance of being an alcoholic is about the same as if you never had a DUI. That is, a single DUI generally doesn’t correlate well with increased risk for alcoholism.

But get two DUIs, and your chance of being an alcoholic rises to about 90%.

Get over two, and the chance is pretty much 100%.

A big part of the reason for this is that these days, the law has made it so unpleasant for folks who get a DUI that by and large, only alcoholics fail to change their behavior after having gotten in trouble once.

54

That probably means that she shouldn’t drive within a few hours of drinking any alcohol.

55

This is very interesting and makes sense.

I suspect you are right.

She’s going to be making some calls today after work and will probably have hired a lawyer by this afternoon or tomorrow. I’ll keep you guys updated.

56

Flanders,

First I want to say that I’m glad you’re GF didn’t hurt herself or anyone else. I understand the mixed emotions that come with someone you care about getting a DUI. My cousin called me in the middle of the night from jail back in August, she got busted swerving on the interstate and the arresting officer begged me to come get her so she wouldn’t have to spend the night in jail and further incur more costs than she was already facing. (We’re in Ohio by the way.)
Her ordeal played out as such; she refused the breathalyzer so of course she had to forfeit her license immediately and was arrested. The cop, at his own disgression, decided not to have her car towed to the impound lot as long as she made arrangements to retrieve it within 24 hours.

Her father, who has two DUI’s under his belt, advised her to get a lawyer. She called around and hired the cheapest one. (You DO get what you pay for by the way.) Now, her refusing to blow hurt her and helped her. How it hurt her is that the judge, a very staunch DUI convicter (his neice was killed by a drunk driver) threw the book at her. He does to everyone. He made her pay the full fine. She was suspended from driving for 15 (the judge reduced it from 30) days then had to pay to have her licence reinstated. But this is a “drive to work only” reinstatement that is in effect per your sentence. The minimum for a DUI is, I think, 90 days. Also, in Ohio we have what we’ve dubbed “party plates.” These are bright yellow license plates with red lettering that you have to use until your full privledges are returned to you. (It’s like the Scarlet Letter) Well, due to her job, she was mortified of getting the plates so her lawyer argued that they not be enforced. The judge complied then threw a curve ball. He, instead, made her get a breathalyzer installed in her car for a 90 day term. She had to blow into it to start the car then blow into it 15 minutes later while driving or the car would stall out.

She was also sentenced to 3 days in the “workhouse.” This is mandatory for all DUI’s. She had to report on a given weekend to go through an alcohol diversion program, counseling and workshopping, videos, etc. She utilized it this program well and was released with the papers she would need to petition the court for her driving priviledges.

So, then comes the petition for early return of her full priviledges. Amazingly, the judge complied since it was her first DUI (which they actually called and OVI (opertating a vehicle while impaired), and because she never blew, there was no way to “prove” she was actually drunk on alcohol. The vehicle breathalyzer was removed and she was given her full privildges back after 60 days rather than the full 90. She also had the conviction reduced to physical control rather than a DUI/OVI. (That’s where not blowing helped her, had she blown, she knows she would’ve been well over the limit and the DUI conviction would stand.)

Now, fortunately, she learned her lesson from all of this. It was an emotionally scarring and financially expensive lesson but it was learned nonetheless. If she calls me again from jail, I will not be bailing her out. She knows this.

Here’s the thing Flanders, this whole thing cost her alot of money and was a huge headache. If she had a different judge, things would’ve been easier as we found out from other people who were arrested in the same township. However, had she not hired the lawyer, even the cheap guy, she would’ve had party plates AND the breathalyzer since that’s how this judge rolled. She also would not have gotten her reinstatement early AND she would’ve had the full 30 day complete driving suspension.

So, my advice to you is to hire a lawyer. Good luck to you guys and please stay safe.
ETA: I believe, when all was said and done, she shelled out about $1500 for the whole ordeal. Lawyer included. Payment arrangements can be made.

57

If we could get that good of a rate, I’d jump on it in a heartbeat! She has mentioned some of the lawyers she’s spoken with offer payment plans, which is sweet.

58

How are things going for her, Flander?

59

Also, check for gold fringe on the American flag in the courtroom. If it’s there, then technically it’s an Admiralty flag and can’t be used in a courtroom. Bing! Instant acquittal.

[/sarcasm]

Needless to say, the “reasonable doubt” piece of advice provided above is complete bunk.

60

So am I. Knowing this makes me almost certain to blow over the limit, I know to find alternative ways to get home if I’ve had a drink or two.

How many of those “plenty of reasons” are actually GOOD reasons? That’s a pretty weak argument.

Of course we all make mistakes, I’m not saying she’s a terrible person for making a mistake. What makes me rather sick is seeing so many people are trying to give advice to help her “beat the system” to get her mistake erased.

Maybe I’ve just seen too many emergency patients who’ve been maimed/killed from someone who made the same mistake, but I think people should be accountable for their mistakes instead of wiggling out of the consequences for their choices.

People can consider this thread shitting, but the original question was wondering what she can expect, but it has turned into (by many) advice on how to get the charge reduced/removed.