Advice for DWI

[twinsmommy]

Has anyone had a DWI? I got one last week though I was not driving. I had had it with my husband and decided I was going to go out. I had planned on going to see old friends but it was spur of the moment and whiile waiting to get in touch I decided to go out and eat. Got chatting with the bartender had waaaayyyy to much wine. I stayed in my car realizing that going to my home town was no longer an option I sat there. Fell asleep and someone called the police b/c they thought something was wrong. So I got a DWI. Just wondering if I get the lawyer and all am I still guarenteed to lose my license? I will not be able to work if that is the case.

[greeneyes]

Advice for DWI

This is not going to be encouraging. A relative (who takes after me) did a similar thing. In a bar parking lot in the drivers seat, keys in ignition listening to music waiting for car owner and ride home. No open container. Passenger seat may have ended differently, but she went to jail and spent the night. Police "knew" her and seemed to be doing a little head hunting. Lawyer was retained and it cost some $ but she lost license for 6 months. HOWEVER, it was her 2nd DWI. Considering that you will not be able to work, you'd best get an attorney. At least consult with one. Some consult without a fee. Ask. On a personal note, I have to wonder how the charge can be present tense (drivING) while the motor is not running and the vehicle is not moving.

[Accountable for Me]

Advice for DWI

Definitely consult with a lawyer. If you had keys in the ignition; you had the intent to drive.... although you weren't driving, you may just end up with a fine. Did you have a breathalyzer done?

Phone one today. Most times they will see you and give you the initial consultation at no charge. The sooner the better.

[bestlifeldms]

Advice for DWI

Lots of things depend on what state, is it your first, etc. First offense, can be as little as 3 mos. loss of license. I would contact an attorney who is well known for defending DWI's. They know all the twists and turns of the laws, specific to this violation. If you have a family attorney, ask them for a referrel. Usually the attorney will hear the basics of what happened, and then advise as to the stregnth of your case, give you some idea of what type of outcome you can expect. After that, you can decide if you want to proceed with that attorney. If they say they can help lessen the severity of your punishment or get the charge dropped completely, and you decide to go forward with them, they will usually require a retainer $ upfront. I'm not an attorney, but work with them alot. Have known a few people who got DWI's, son included. It sounds to me like the case is very weak and might be worth questioning - asleep, not driving, etc. ??? On the other hand, when my son got his, he was driving and had others in the car. I didn't run to his aid. Decided he needed to suffer the consequences of his actions. He handled it all himself, and it was an out of state violation. He says he never wants to go through that again. Good Luck!

[spedteach]

Advice for DWI

Get a lawyer for sure. I got a DWI 3 years ago and I deserved it, but it got dismissed. I attribute that to a decent sympathetic lawyer who insisted I plead not guilty. Here in NM they probably wouldn't take away your license but make you get one of those locks on your steering wheel that won't let you drive your car if there's any al in you system.
I knew a guy here who got a DWI for sleeping it off in his car. He got convicted.
Get a lawyer. Good Luck

[twinsmommy]

Advice for DWI

Thanks all. I will call today. I knew I should get a lawyer but wasn't sure how much it would help. It was my first offense and yes I had a breathalyzer. It was really high ashamed to say. The whole thing was horrible though I did not have to go to jail for the night thank God. They must have been in a good mood though b/c my sassy little butt wriggled my way out of the cuffs twice. Almost got resisting. BAD NEWS BEARS. I posted in another thread that when I don't come around here things always tank for me. This certainly proves that huh?

[Cinders]

Advice for DWI

Definitely get a lawyer!!

I can't type well today but I know from personal experience that without a lawyer, you will be taken apart by the system. I figured out after my son's last DUI that he spent more in the end than if he had hired a lawyer.

Good luck with it, whatever you decide.

[hart]

Advice for DWI

I had no idea you could get a DWI for sleeping it off in the car. Isn't that the prudent thing to do? If the bartender knew you were to drunk to drive isn't he responsible since he didn't cut u off or offer to call a cab?

[horizonsnew]

Advice for DWI

Firstly, well done for NOT driving your car!!
Hubby got an out-of-state DWI 4 years ago (he deserved it) We hired a top lawyer and managed to get him driving privileges..to get to and from work.
Your circumstances are quite different..if your lawyer can prove that you did not drive..maybe contact the person who originally called the cops..there must be other witnesses?
I would fight this charge with everything I had..(my opinion)
Best of luck to you and please let us know how you get on.

[rubywillow]

Advice for DWI

It all has to do with where you are and who you deal with. Yes, you need an attorney. I got a DUI even tho we went to trial and my DIL testified she had driven the car and parked it, that I had never driven it, but the officer, who was a real scary bastard, blatantly lied and said he SAW me in the vehicle and that I TOLD him I had driven. Court always leans toward law enforcement. Most places you can get a provisional license to drive for work, church, school, etc., but if you tell them you are self-employed, (housecleaning, home decorating, baby sitting, etc. anything where you could be driving anywhere and stopping at different places for business) you pretty much can drive normally. It is an embarressing, eye-opening, disheartening process, especially when you have always trusted the police to protect you.

[MyHeartIsDrenchedInWine]

Advice for DWI

Wow Rubywillow, the police also blatantly lied in my husbands DUI case too, I know, I was there! They also beat him up, I photographed the bruises which were horrific and this man does not bruise easily. He was told by the lawyer not to "complain" about either or we would fare worse with the judge.

Twinsmommy, regarding a DUI for sleeping in the car, unless the keys were in the ignition they have no case IMO and I would look into lowering the charges to public intoxication or drunk and disorderly conduct. It's a shame because you were really doing the right thing! I'll say a prayer for you :h

[CS04]

Advice for DWI

I got a DUI about 15 years ago. They ought to give you driving privileges for work. A family member of mine also got one, and she runs a business out of her home, but she got driving privileges also to do work related driving (banking, purchasing supplies, etc.). I would definitely get an attorney, esp. since you have kids. If there is a university with a law school near you, often law students charge very little or sometimes nothing.

[borderboomer]

Advice for DWI

I agree. Drunk driving by definition is not the same as sleeping drunk in a car when you've discovered that driving is a bad idea. What were your options. Getting out and walking. That would potentially be public intox or worse if hit or.....And, yes the bar has a problem. If you normally do not drink a lot then you may not have been able to gauge the effect until you started out and realized that you were impaired. Keep us appraised of this journey.

[Spanky]

Advice for DWI

I sure hope this goes well for you. Defies logic that someone can't sleep it off --- isn't that what we are supposed to do??
I know someone who got several DUI's and lost license for good. So he walked to and from bar. Police used to follow him while driving and they continued to do so. He was ticketed while WALKING home for public intoxication- and NO, was not peeing on the sidewalk.

[Guest]

Advice for DWI

you seriously need to get a grip or your going to loose your kids! I read yesterday that you forgot to collect to collect your kids and today im reading about a dui??!! This is all going to go against you if a custody fight takes place as its all evidence of you been unfit.

This is your rock bottom, the next step would be to loose your kids, please, please dont let it get that far.