Two in one night...

[rassik]

I received two DUI citations in one night in December of 2003. I was stopped for doing 68 in a 55 zone at about 12:30 am (prime time for DUI mercenary squads). For some reason the state trooper suspected alcohol use and had me exit the vehicle, administered the road side test and then transported me to the local barrack (about 3 miles away). The breath test showed a BAC of .12. They confiscated my license, issued a temporary permit and then told me, since my record was clean, I could leave if I had someone to pick me up.

A friend retrieved me and we returned to my vehicle which was on the shoulder of a snow emergency route. I wanted to get my car because it was supposed to snow 6-8 inches at any time, and in fact had started to flurry. I had asked the troopers to move my car off into a parking lot beside the road (there were two troopers by the time I was transported to the barrack). They refused to move the car for reasons I could never determine. At any rate, I got in the car and started down the road followed closely by my friend. Needless to say we were driving in a very conservative manner.

Several miles later the same state trooper pulled up beside me, looked into the window, turned on his lights and pulled me over again. He administered the entire roadside test again, then transported me back to the barrack. My BAC was .09 at that time. I was informed that I had also broken the two-month old "driving within 12 hours of DUI arrest" law. I was then transported to the county detention center to await disposition by a magistrate.

By the end of the night I had 8 traffic citations: 1 speeding, 2 DWI, 2 DUI per se, 2 DUI, and 1 Driving within 12 hours! I soon discovered that I was instantly in the "2 DUI within 5 years" category which ramps up the penalties. Here is what I did.

I hired one of the most prominent criminal defense attorneys in the area. He charges $2,750 for a first time offense. He cut me a break and just charged me double - $5,500 (he had done some other work for my family). At his recommendation I immediately entered a six-month alchohol counseling program (I also quit drinking at that time and have not had a drink since).

In my state there is an MVA law hearing that is separate from the criminal proceeding. The MVA hearing came up first and I was given 1 year of ignition interlock in lieu of a suspension or revocation. It was all my attorney could do to convince the judge to allow this because I was a "two-time loser", even though it was the same night that it all happened.

My attorney moved my criminal trial from the district court to the circuit court by requesting a jury trial. The trial was postponed due to judge shortages and did not take place until 7 months after the incident and about 2 months after the MVA hearing. At the trial it was already pre-agreed with the prosecutor that I would plead guilty to DWI from the first set of charges and receive probation before judgement (PBJ). This of course counts as a conviction. The prosecutor tried the second case - here is what happened.

Through questioning of the trooper and reading of the the incident reports, my attorney demonstrated that I had passed the roadside test on the second traffic stop. The trooper (a very young guy) admitted that I was not driving recklessly (either time I was stopped). In the end, it came down to this: I was stopped the second time because the trooper knew I had broken the new "12-hour" law.

My attorney then pulled out the criminal code book and told the judge that this offense was not listed as an "arrestable" offense and therefore the trooper had no cause to arrest me. After calling a conference with the prosecutor and my attorney, the judge dismissed all DxI charges from my second stop/arrest, gave me PBJ for the driving within 12 hour offense, three years of probation (one supervised, two unsupervised), and a $500 fine. I knew immediately that I was VERY fortunate to have such an excellent attorney. If I had hired one of those $800 guys I would probably still be doing weekends in the county lockup. However, as far as the MVA is concerned, I am still a two-time loser because under their rules a "conviction" is based solely on the breathalyzer tapes and is separate from the criminal procedings. The only place they intersect is if the judge awards points for offenses.

When all is said and done, the whole thing cost me just about $10,000. I still have 11 months of unsupervised probation left. In addition, the "Medical Advisory Board" of the MVA sent me a letter about one month after my trial (no connection) mandating a "zero-tolerance" restriction on my license, not appealable for three years. This can affect insurance coverage even after the DUIs expire. What a hell of a mess. They are never going to catch me on this one again because I will not give the them the satisfaction by driving and drinking. As a matter of fact, I lost my taste for drinking - I had 5 drinks that evening so the tab comes, in round figures, to $2,000 per drink. This does not count anything for all the time involved with the counseling, hearings, and monthly ignition interlock "maintenance".

I have been very fortunate that neither my auto or motorcycle insurance companies have been informed of the offenses and I will soon be beyond the 3 year limitation anyway. All in all, it is an enervating and expensive experience and I will simply not let myself by put in this situation again. I wish the best to all of you who are currently involved in the system as well as those who have worked your way through it.

[Bader]

I cannot agree with you enough about a good lawyer. I have gotten a very good one, and while he is not optimistic about my chances, he is giving me the best shot I've got. And the given the rep that having two DUI's on your record gives you, a person HAS to take it!

I do not intend to drink and drive again...but if I thought it was an issue, I would have a personal breathalyzer that you can get on the internet for under $100.

Thanks for sharing your story.