Washington DUI Case and Moving To Montana

[rushin2]

My ordeal started on Sunday (February, 2006) morning at 8 am (coming back from friends' get together from a night before) when I got pulled over on a freeway. I refused to the breathalyser test on a freeway and was taken to the police station where after test came back at .15 (!!!). The officer was quite surprised himself that it showed high level of intoxication - I didn't slur, simply had a headache from a last night...

I went to an inpatient rehab almost thereafter to be pro-active on this before the judge ordered me to do anything in that regard. When I was going through stage II, my father passed away in Russia - I had to leave. When I came back I was asked to pay $2K to come back to the program - needless to say I was already broke after burying my father, paying off his debts (cashing out my 401k).

As soon as I obtained a new job, medical benefits kicked-in (the state assistance wasn't available), I enrolled in a new program and now almost at the end of the program - I get laid off from my current position at a Bank (read news on lay offs in WA state).

Now I'm facing a crazy situation all over again... I don't have money, state is unable to help, judge doesn't care. I have paid over 15K dollars cash at this point for the attorney, rehab programs (inpatient and out patient).

A month ago there goes news in newspapers that that precinct that I was taken to - they machines haven't been calibrated for months!!! I can't afford an attorney to fight this either...

My questions is this - if I move to Montana (where I'm still considered to be a resident), what consequences do I face? Can they transfer the case? I know in Montana they will care less about what happened 2 years ago in a different state.

By the way, the DOL still has my driving priveledge suspended since June 2006!!!!!!! Asking court to refax my diferrment documentation doesn't help - they say they still didn't receive any faxes... I'm frustrated and fad up with this...

[usedbranflakes]

I am assuming that this is your first and not a 3rd (Felony DUI) and that you didn't hurt or kill someone. It sounds like this is your first DUI and it was a .15.

Inpatient rehab for a .15 not once but twice? That was stupid with a capital S and you don't sound like a stupid or irresponsible person (slept at the friend's house instead of driving). That it is definitely a good way to get you high on the layoff list. There are plenty of rehab options for people which allow them to lead their life, get the support they need. One of those programs, AA, is free to anyone and it's anonymous unless you choose to tell anyone that you are part of it or they have to know via court order (like an attorney and the DMV for pre-trial hardship licensure or your Probation Officer after conviction).

$15k for an EXCELLENT defense attorney is not unheard of. This is generally where someone really wants to fight their DUI and the attorney has in-house experts and is the best in the country. I know of three or four of this attorneys in the nation and I interviewed two of them for my DUI jury trial. I spent about $12.5k in defense for a trial de novo, a mistrial, and an unfortunate conviction (the jury was hung until the judge told them they would have to come in during the holiday when he planned to hang the jury at noon). I got 3 trials out of the deal... I expect my last attorney to write a book and join the likes of Taylor (DUIBlog.com fame) and Head (retired from Atlanta?).

First, if you paid $15k to your attorney you need to let them earn their pay and you need to listen to them regarding trial. A .15, in many states, with a good attorney will usually be tough but not bad enough to really sting. Most states start the stinging clock at a .16. That sting is more jail time, restrictions on cars you can drive and interlock requirements, more public service time, longer probation (supervised). ...but the constant in most states is the same treatment program. There were guys with .20's in my class and guys and girls with .06, .08, .02 (under 21).

Second, you may want to live where there is good public transportation.

Third, you need to really consider if you have a problem or not and utilize the options that your higher power can provide through your brothers and sisters. Mine is God and Alcoholics Anonymous and your AA sponsor can be a great help for you.