Results 1 to 4 of 4
  1. #1
    Join Date
    Jun 2009
    Location
    South Florida
    Posts
    6

    Default First DUI and I'm Scared to Death

    My question involves criminal law for the state of: Florida

    First DUI and First arrest ever. I was charged with 3 counts of DUI and one count of "Fail to use due care". This is a 1st degree misdemeanor.

    Charges:

    1. 316.193-3c1 -DUI W/DAMAGE TO PROPERTY (Rear ended a car)
    2. 316.193-2a2a- DUI Alcohol 1st offense
    3. 316.193-4b1-DUI UBAL >.15
    4. 316.185- Fail to use due care

    This is an enhanced DUI due to the accident (no injuries) and I blew a .24

    I've read the statutes and it looks like MAX jail time could be 27 months
    I spent 3 days in jail due to bond issues (wife out of town) and I've been attending A.A. meetings and have had an Alcohol Evaluation (court ordered). The A.A. meetings have changed my life and I no longer drink.

    I'm curious if anyone knows just how aggressive the state's PA is regarding jail time on a first offense (realizing though that this is an enhanced DUI)?

    "IF" my attorney can't get the breath supressed or dismissed and I go to trial I'm wondering what my chances are?

    16 yrs at the same job, homeowner 10yrs, married/no kids.

    Is there any hope for me?

    Thanks.

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: First DUI and I'm Scared to Death

    The worse thing imo is the fact that your bal was .24,ppl with worse crimes got probation it's possabile the best person to ask is your lawyer. If your lawyer can't get the charges dismissed,the best option is proably to arrange a plea bargain. Since it's your 1st time in trouble there should be a chance to avoid jail but idk,the best to ask is your lawyer.

  3. #3
    Join Date
    Jun 2009
    Location
    South Florida
    Posts
    6

    Default Re: First DUI and I'm Scared to Death

    Yeah, the BAC is what concerns me the most also. When I was interviewing lawyers one of them told be (based on my record or lack thereof) there was a 100% chance I WOULD NOT do time. The one I actually hired wouldn't say that and he was more expensive but I hired him anyway.

    Worst part is, I have honestly changed every aspect of my life for the positive but it makes no difference now

    Hoping for the best but expecting the worst.

    Peace.

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: First DUI and I'm Scared to Death

    Nothing is certain, the other lawyer is probably just being cautious.Your lawyer could probably give you some idea what your looking at.The one good thing is none of these are felony charges.Once you go to court a few times the lawyer should know what plea options that you have if a dismal is not an option. That fact that you have a clean record should help,you want to hire the best lawyer that you can afford. A lawyer who specialize in dwi is probably the best one to hire.

    Be grateful you or nobody else is hurt.The fact that your are not gonna repeat this will save you problems in the future . Being remorseful and learning form your actions look good,it people that make excuses that piss of the judge and da even more. I'm not a lawyer,I would guess that with a good lawyer you can avoid jail time.Your probably looking at some big fines and an increase in insurance.

    good luck.

    1. Sponsored Links
       

Similar Threads

  1. Breach of Fiduciary Duty Before Death and Taking 401k Benefit from Parent After Death
    By PJDJ in forum Estate Planning, Administration and Probate
    Replies: 12
    Last Post: 03-22-2011, 04:30 AM
  2. Retail Fraud / Shoplifting: Should I Be Scared
    By Figs_3 in forum Criminal Charges
    Replies: 2
    Last Post: 07-07-2009, 10:40 PM
  3. Retail Fraud / Shoplifting: Scared to Death for My Career Future - Shoplifting
    By scarredmyfuture in forum Criminal Charges
    Replies: 1
    Last Post: 02-04-2009, 03:46 PM
  4. Retail Fraud / Shoplifting: Scared to Death
    By SICKONE in forum Criminal Charges
    Replies: 2
    Last Post: 01-14-2009, 05:15 PM
  5. Retail Fraud / Shoplifting: Scared To Death Over Shoplifting Charges
    By deadflower in forum Criminal Charges
    Replies: 5
    Last Post: 05-22-2007, 08:18 AM
 
 
Sponsored Links

Legal Help, Information and Resources