Are there alternative sentences for first time DWI offenders?
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Are there alternative sentences for first time DWI offenders?
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"I was recently arrested in a neighboring state for operating under the influence. I have a clean driving record (not even a speeding ticket). I was not pulled over - I pulled over before the cop turned the blue lights on because he had been tailgating me and I didn't realize it was a cop, so I pulled over to let him pass me. I had had two drinks prior to driving, but was not driving erratically. I cooperated fully with the officer and submitted to a breathalyzer and blood test. I have hired an attorney but I'm still preparing for the worst. Is there any way out of the additional 90 day suspension in my home state? It's my understanding that if I'm convicted I'll lose my license for an additional 90 days in my home state. I am wondering if there are any alternative sentencing programs for first time offenders (with bac below .15). I'd be willing to go to any education programs or do community service or even have the breathalyzer ignition lock put into my car. I'll do anything I can to reduce the possible consequences I might face if convicted. I just don't know if there are any alternatives.
Additional Details
I was recently arrested for driving under the influence. I was not pulled over - I had signaled and pulled off the road because a car was tailgating me and I wanted to let him pass. It turned out to be acop. I was on a stretch of road patrolled by an officer who makes it his mission to make as many DWI arrests as he can - he is known for this. He did not inform me of any traffic violations I had made and I know I was not driving erratically. I came to a complete stop at the light and signaled with every turn. If anything, I was driving under the speed limit and I was on the road at 2 a.m. Otherwise he had no reason to suspect me. He was just on a mission. I am a first time offender with nothing on my driving record and no criminal record. My blood alcohol level was above the legal limit but not high enough to be considered aggravated. I am over 21. Am I eligible for any alternative sentencing? The state's minimum is $400 fine and 90 day suspension (no jail time required).
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Klayno
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below .08 is the legal limit for over 21 years old. You had about twice the legal limit. You should not be allowed to drive longer then 90 days. Just deal with it and take a cab next time you drink. The cop would have not pulled you over unless you were driving like you were drunk.
If you had pulled over he would have gone right by you if you were fine to drive.
The thing is he would have passed you if you did not show any signs of being drunk or if you did nothing wrong. They can't just test the water to see if they can find something to pin on you. |
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DrinkingAndDriving.Org President
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See if your lawyer can get the judge to recommend use of an ignition interlock system. Judges across the country have at their descretion, the option to recommend ignition interlock. Sometimes it takes a nudge from the lawyer to make it happen.
Scoring an ignition interlock is not only your best chance to keep driving, but also the best thing your lawyer will probably be able to do for you. Other than that, in a DUI case where there has been no damage or injuries, all a lawyer can do effectively is take more of your money.
Here's a good article on breathalyzers and ignition interlocks... |
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jakflak
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Most states have mandatory minimums for DUI, which include three days in jail and a 90 day suspension. |
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