DUI first offense?

Question

i was on vacation in south dakota (i live in colorado) I was pulled over for speeding ( i assumed the interstate was 75) i blew .30 i think, my husband blew .18 (which i dont understand, because i thought we had the same # of drinks) I was arrested, gave blood,all that. I had also taken ephedrine so I was not feeling the alcohol as much. I know I was driving fine. anyway, i have to go back next week(6 hr drive)for court. I have no idea what to, i have never been to court. I shouldnt have drove. But if anyone has any ideas what to do (besides get a lawyer) to get a lesser charge,what i should do or say it would help a lot.I have 3 kids i have to drive to school, and I really dont want them to find out. Do I have any chance at all pleading not guilty without a lawyer???thanks

Answer 1

In my opinion ... your chances of pleading out to a lesser charge are pretty slim with a lawyer, almost impossible odds without one!

Hire a lawyer!  They might be able to lessen the impact this offense will have on your life.  You could be looking at a suspended license without one.  Maybe a lawyer can help you keep your license.

You have already admitted you were wrong to be driving ... that attitude will help you in court, show remorse in court ... it can go a long way toward helping your cause.  As to why your husband had a lower BAC after the same number of drinks ... he probably weighs more than you do, that helps.  It has been proven that alcohol affects women more than it does men, I have no idea why, but this also helps you husband.

Good luck, although I usually have harsh words for people who commit DWI, I believe that you just made a mistake.

Answer 2

Well this is a pretty loaded question!

First of all, .3 is DANGEROUSLY close to having an alcohol induced coma.  It may be fun to party, but you don't want to party soo hard that you don't wake up for a year...or EVER.

Secondly, your husband is probably a bigger person than you are.  The human body isn't a machine that if you put in one amount of alcohol it results to be the same for everyone.  ALL OF OUR BODIES FUNCTION DIFFERENTLY.  Guys are usually able to drink more and have a lower BLOOD ALCOHOL PERCENTAGE (which is what a brethalyzer measures) because of their size and gender.  

Ephedrine may help you cure that hangover you may be having, but it doesn't magically improve your driving skills.  And obviously you weren't driving all that fine otherwise the officer would have never pulled you over.  

My first advice is to SHOW UP to your court date.  You would be surprised at how many people DON'T show up only to have a warrant put out for their arrest.  

Your court date is known as a preliminary hearing.  You will either enter a plea of guilty or not guilty.  Usually a first DUI charge is a misdemeanor, punishable by up to a year in jail and a 4 figure fine.  If its your first charge, I would suggest you look into making a plea bargain with the States Attorney office.  ONLY DO THIS AT THE ADVICE OF YOUR LAWYER!!!

If you would plea not guilty without a lawyer, then you would be your own representation.  You would still have to appear for court dates, and honestly, if you don't know much about law or legal matters, I don't think you would stand a chance.  You would probably have to do the year in jail and pay the complete fine then...

With a lawyer, you may have a slim chance.  He would review the stop in its entirety, make bargains with the state's attourney office, and make the whole process as hassle free as it can be for you.  You may still end up serving some time, and paying the fine, but you have a better chance with a lawyer.

Either way, kids have a way of prying into others personal lives.  If you have to serve anytime, they'll know for sure whats going on.  If I were you, I would sit down, and have a serious talk with your kids.  Tell them what you did, and why it was wrong.  You were lucky not to get into a fatal accident or die in a coma, and you shouldn't want your kids to have to  come that close to the same consequences that you already have.  

All in all, Best of luck to you.