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DUI question

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DUI question

Postby Phatferd » Fri Jun 29, 2007 5:10 pm

Someone very close to me got a DUI and today was supposed to go to court for it based on the date on the ticket. The D.A. said it was still being reviewed and gave them a piece of paper saying, "determining whether criminal charges will be filed or not."

They are freaking out because they think it is being decided whether it will be a misdemeanor or a felony. I am under the assumption that all DUI cases are criminal cases and it isn't being reviewed for a possible felony. I just want to ease their mind. Their lawyer bailed on them so he is no help.
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Re: DUI question

Postby Field » Fri Jun 29, 2007 5:52 pm

Did he take a breathalizer?

Sometimes they charge you with Reckless Driving instead of a DUI depending on the circumstances.
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Re: DUI question

Postby Madison » Fri Jun 29, 2007 6:13 pm

Was any property destroyed or anyone hurt? Could be the reason for a possible felony right there.
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Re: DUI question

Postby Simulacrum » Fri Jun 29, 2007 6:16 pm

What was his/her BAC? Damn, I hope this "friend" isn't you, Phats. Arizona is the absolute worst state to get a DUI in- tent city in 110 degree heat??

If it's an extreme DUI there' s a mandatory 10 day stay in tent city. I want to say .08 is a DUI and .13 is an extreme.
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Re: DUI question

Postby BitterDodgerFan » Fri Jun 29, 2007 6:18 pm

nm...
Last edited by BitterDodgerFan on Mon Jul 02, 2007 7:18 am, edited 1 time in total.
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Re: DUI question

Postby Snakes Gould » Fri Jun 29, 2007 6:23 pm

im pretty sure if its the first offense you can take a class or something and it gets expunged but you pay like a $1000 in fines/fees.
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Re: DUI question

Postby Coppermine » Sat Jun 30, 2007 12:34 am

I don't know of anywhere that DUI is considered a felony. The determination is whether or not a crime has been committed, and a misdemeanor is a crime. Your friend doesn't need to worry about a felony charge... if DUI were a felony, there would be A LOT of non-eligible voters in this county (including our very own president).

Most states have accelerated deposition... that is, you basically pay a buttload of fines, take classes and lose your license for "only" a year, but charges are dropped provided you stay DUI free for up to 7 or more years.

The only chance a felony may be involved is if personal injury resulted. Of course it varies from state-to-state, but I know that a DUI conviction does NOT result in a felony conviction.
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Re: DUI question

Postby Snakes Gould » Sat Jun 30, 2007 1:48 am

sounds like someone got caught behind the wheel once or twice :-D
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Re: DUI question

Postby Coppermine » Sat Jun 30, 2007 2:15 am

Snakes Gould wrote:sounds like someone got caught behind the wheel once or twice :-D


Close; I was in the car when my friend was pulled over for DUI. We were both drinking heavily at a friends house and he was pulled over for "driving on the wrong side of the road." Turns out it was a wide side street with no paint, but that didn't much matter. He was pulled over, given a FST, breathalized and booked. He blew a .11. The legal limit in PA at the time was a .10. They soon switched to .08 to avoid losing federal highway funding.

It wasn't cool; and by that I mean us drinking and him driving. We shouldn't have done it. But we went to a small school in a rural town without any means of public transport. No excuse, I know... but he got the DUI nonetheless.

He got a lawyer who he said he paid about $1200 total, but it helped get him the ARD (accelerated rehabilitative deposition). This had certain caveats...

He lost his license for 6 months instead of a year. He had to pay (about an additional $1200) in court costs and classes fees, to learn about how stupid it is to drink and drive. Losing your license doesn't just very from state to state, but municipality to municipality. I've heard of DUI offenders losing their license for less than 3 months. Others have gotten those blowers installed in their vehicles if they need to drive for work (but a hardship must be proven).

But the good news is that in this state, he's given a second chance. Good old PA; hard on pot, soft on booze. There's no moral, it sucks no matter what your situation. But I do know one thing: a DUI is never a felony charge. The letter is probably one of hundreds issued to local DUI offenders. If property damage is involved, restitution is always a necessity. But I don't think it would ever bump it to a felony. Someone would have to be seriously injured for that.
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Re: DUI question

Postby luckygehrig » Mon Jul 02, 2007 1:51 am

Coppermine wrote:I don't know of anywhere that DUI is considered a felony. The determination is whether or not a crime has been committed, and a misdemeanor is a crime. Your friend doesn't need to worry about a felony charge... if DUI were a felony, there would be A LOT of non-eligible voters in this county (including our very own president).

Most states have accelerated deposition... that is, you basically pay a buttload of fines, take classes and lose your license for "only" a year, but charges are dropped provided you stay DUI free for up to 7 or more years.

The only chance a felony may be involved is if personal injury resulted. Of course it varies from state-to-state, but I know that a DUI conviction does NOT result in a felony conviction.


Not sure how it is everywhere else, but in Nevada there definitely are felony DUIs. If it's a DUI accident causing serious injury or death, it's a felony. If it's your 3rd DUI it's a felony. I'm pretty sure that there's one more instance where it could be a felony, but I have to get back to studying Spanish. And maybe the DA is still deciding whether or not to press charges. Although I think it would be almost mandatory for them to do it with a DUI seeing as how it's such a hot topic issue. They might be looking at other charges to tack on if any as well.
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