DUI on Friday

[Shr00m]

What is the name of your state?OH

I got pulled over friday night going home from the bar. I was pulled over because it was snowing and I was driving too fast for conditions. I blew a .231. I got a OWIL in Michigan when I turned 17 years old. I just turned 26. Would this be considered my first or second offence? Does anyone know what I will get? How much jail time?

 

[stephenk]

Second offense.

 

[twinkle33]

get a lawyer

you need a lawyer! you blew really high!

 

[Shr00m]

you need a lawyer! you blew really high!

I know. I went and saw one yestarday morning. My araignment is April 1st. The day after I get spelling lessons.

 

[twinkle33]

what happened

what did your lawyer say?

 

[Shr00m]

what did your lawyer say?

He said that since my 1st offense was 8 years 8 months ago, its still considered my 2nd offense, but it isn't as bad, because it happened over 7 years ago.

I am not sure exactly what that means, but I called the county clerk in Michigan to get details on my last one and they said a second up to 6 years in MI was felony offense, but after 6 years was a misdemeonor. I believe its the same in OH only its 7 years. Also, I don't know they work them if they are out of state.

I didn't get that much time to talk to him because he had to go to court, but I paid a retainer of $750 and he told me to go inlist in some alchohol assesment and get some papers written up for my full time job, and also since I own a business, I needed to get a paper written up from one of my clients stating that I need to drive to keep my business running.

He said he couldn't even give me a guestimate on what I would get, he had to check into it. I am going to stop drinking on the weekends (thats all I drank anyways) and start going to some AA classes before my court date.

Hopefully everything will work out so I don't lose my full-time job over days spent in jail.

I will keep this forum updated.

 

[seniorjudge]

DUI IN OHIO
Ohio has long had one of the toughest DUI laws in the country. Nonetheless, in the summer of 2000, a new bill was passed by the Ohio General Assembly, and signed by the Governor, which even further strengthened penalties against drunk drivers. Even more recently, Ohio joined the majority of states in lowering the BAC threshold, as measured in the blood, breath or urine, from .10 to .08.

Almost everyone knows that the minimum penalty for a first offense DUI is 3 days of incarceration together with the imposition of a fine. However, beginning in the summer of 2000, your blood/breath alcohol content (BAC) may result in a greater penalty. Under current law, any person found to have a prohibited BAC of .17 or more is now subject to a mandatory period of incarceration of 6 days. Moreover, if your BAC exceeds .17 and this is your 2nd offense within 6 years, the penalty is enhanced from a mandatory period of incarceration of 10 days to a period of 20 days. Also keep in mind that license suspensions, vehicle immobilizations, forfeitures, fines, and increased insurance premiums will all need to be considered when you're charged with DUI.

 

[Shr00m]

DUI IN OHIO
Ohio has long had one of the toughest DUI laws in the country. Nonetheless, in the summer of 2000, a new bill was passed by the Ohio General Assembly, and signed by the Governor, which even further strengthened penalties against drunk drivers. Even more recently, Ohio joined the majority of states in lowering the BAC threshold, as measured in the blood, breath or urine, from .10 to .08.

Almost everyone knows that the minimum penalty for a first offense DUI is 3 days of incarceration together with the imposition of a fine. However, beginning in the summer of 2000, your blood/breath alcohol content (BAC) may result in a greater penalty. Under current law, any person found to have a prohibited BAC of .17 or more is now subject to a mandatory period of incarceration of 6 days. Moreover, if your BAC exceeds .17 and this is your 2nd offense within 6 years, the penalty is enhanced from a mandatory period of incarceration of 10 days to a period of 20 days. Also keep in mind that license suspensions, vehicle immobilizations, forfeitures, fines, and increased insurance premiums will all need to be considered when you're charged with DUI.

I've seen this. I know somebody last year who got a DUI in the same city as mine, who blew a .175 and had to serve 3 days plus 3 days in a 'defensive driving' course, which was like jail, you couldn't leave the place until you were done.

I am HOPING this is all that will happen to me. I am begining to dought this tho. The way my luck goes this will be considered my 2nd offense and I will have to serve 10 days and I will probably lose my job, unless for some reason they have sympathy for me since I've worked there for 5 years.

 

[Alchohol_Free]

Wow

A .23 is tanked unless you're an experienced drinker. I actually blew the office and the jail staff away with the .23 I blew. The officer said "He blew a .23! He holds it VERY well. Unfortunately, my ability to hold alchohol well, ended up being my downfall. I got my first DUI, becase I got ratted on to the police, not because of I was all over the road. At your age, I'm suprized the police didn't have to carry you in on a stretcher.

Base on what Senior Judge has said, the outlook doesn't look that good for you. I believe that statistics say if a person has been caught driving under the influence, then they have driven under the influence at least 50 to as much as over 100 times without getting caught. So, that presumption will work against you.

Good Luck.

 

[Shr00m]

A .23 is tanked unless you're an experienced drinker. I actually blew the office and the jail staff away with the .23 I blew. The officer said "He blew a .23! He holds it VERY well. Unfortunately, my ability to hold alchohol well, ended up being my downfall. I got my first DUI, becase I got ratted on to the police, not because of I was all over the road. At your age, I'm suprized the police didn't have to carry you in on a stretcher.

Base on what Senior Judge has said, the outlook doesn't look that good for you. I believe that statistics say if a person has been caught driving under the influence, then they have driven under the influence at least 50 to as much as over 100 times without getting caught. So, that presumption will work against you.

Good Luck.

I know I think I am screwed. I do hold my alchohol good for my age 26, I wasn't really that drunk ( I have been a lot worse but not driving ) and I couldn't imagine what I would have blown then. I wish there was a way to prove to a judge how drunk I really was. He is going to think I was blacked out and driving all over the road. The truth is, if I was sober and driving in the snow, that is exactly how I would drive normally. O well, I guess Ill have to face the concequienses. Hopefully I don't lose my job because of excessive jail time

 

[twinkle33]

hey

I just got my DUI the 13th and am already going to court the 22nd...my lawyer is meeting with the prosicutor and is gonna get my driving privaledges and work this thing out he said...I think I will get wreckless op..

 

[seniorjudge]

I know I think I am screwed. I do hold my alchohol good for my age 26, I wasn't really that drunk ( I have been a lot worse but not driving ) and I couldn't imagine what I would have blown then. I wish there was a way to prove to a judge how drunk I really was. He is going to think I was blacked out and driving all over the road. The truth is, if I was sober and driving in the snow, that is exactly how I would drive normally. O well, I guess Ill have to face the concequienses. Hopefully I don't lose my job because of excessive jail time

This is a pretty scary post.

 

[Happy Trails]

I agree with SJ. Don't tell any of that to the Judge, he will definately believe you blacked out or you drive pretty crappy in the snow.