I just got hauled in for my 4th DUI. Need a Lawyer to help me through this.? Question: I got my 4th DUI last night in Indiana (actually called an OWI here) and I got out of the drunk tank this afternoon.
I had been drinking pretty hard down in Broad Ripple and tried to make it home to Kokomo, and I got pulled over in Hamilton county. I did the field sobriety tests, and I swear I was passing them with flying colors, but I had vomitted in my car on the passenger seat before I got pulled over, and the cop smelled it (or so he says) and asked to look in the car. As soon as he shined his flashlight on the puke, he demanded to breathalyze me and I blew a 0.28 and got taken to the Noblesville drunk tank.
Basically, I'm just really pissed off right now, and this is total B.S. that I got pulled over for going 8 over the speed limit, but I'm also scared because I don't know what will happen since this is my 4th since 2003. It took a ton of work, money, and effort to get off without jail on my 3rd. I'm completely out of money now, and I need anyone in law school, or already a lawyer to give me some advice.
I need help. I've got a good, high paying job and 2 kids that I owe support on. I've also got 2 good girlfriends, and I can't afford to do any time right now.
Just so you guys know...
DUI 1: I was driving home from a bar and my Camaro slid on a patch of ice and I hit a telephone pole. I still drove away from that wreck, but a cop pulled me over because he saw that my car was all effed up. Then he did the breathalyzer. That is B.S. cuz I would've easily made it home if not for the ice. Then I woulda easily STILL made it home, but a dumb do-gooder cop felt like "helping" me.
DUI 2: I got pulled over for my headlight being out while I was on the way home from a bar that was 2 miles away! Can I not just drive a MILE with one headlight without being bothered by pigs? So then of course, we do the whole song and dance, and I blow a 0.18
DUI 3: I was driving home late at night from a bar in Greenwood and a dumbass ran into me and it shut my car off. Cops show up, breathalyze us both, and I end up going to the drunk tank because another guy HIT ME. The wreck was his fault, and yet I get charged with a 0.16 DUI.
So don't think im Jack the Ripper
Answer:
If you are convicted of OWI in Indiana, a range of punishment can be imposed.
â—¦First offenders can expect probation, payment of restitution, a license suspension and payment of court costs. Many courts require a jail sentence, even for first offenders, especially if the OWI involves an alcohol level of .15% or more.
â—¦Second offenses carry greater penalties. A felony may be imposed and reduced later; jail time may be required; probation; road crew; public restitution; home detention; and increased costs. 6 months to 1 year is a typical license suspension for a second-time OWI.
â—¦Third or subsequent offenses largely depend on the timing of your prior offenses. If you are habitual traffic violator eligible, you will lose your license for 10 years, plus anywhere from 3-9 months of jail time and a lengthy probation.
In Indiana there are at least three (3) recidivist or repeat offender consequences for OWI. First, and most serious, Indiana has a habitual substance offender statute that could yield up to 8 additional years in jail if filed against a client with two (2) or more prior offenses. Second, a felony OWI in Indiana usually involves a prior offense within 5 years of the current charge. Finally, habitual traffic violator status is imposed on OWI offenders who accumulate three (3) OWI's in a ten (10) year period.
If you have 3 major traffic violations in a 10 year period you may lose your license for 10 years.
If you have 1 major violation, plus 9 or more minor moving violations like speeding, then you may lose your license for 5 years.
If you drive after being found a habitual offender, you can lose your license for life.
If you drive suspended after a drunk driving conviction suspension, there is a mandatory 60-day jail sentence.
Sadly, your assertion that you "...can't afford to do any time right now..." is not going to fly. 4th offense inside a six year period makes you a habitual substance offender, and can net you an ADDITIONAL 8 years in prison above and beyond whatever the judge tosses at you for this offense.
Also, you said: "...this is total B.S. that I got pulled over for going 8 over the speed limit...". Dude, that mindset is what has you where you are. You were speeding. 8 over the LIMIT is speeding. You weren't sorta drunk, you weren't sorta speeding, and you aren't sorta a candidate for further probation - this time, you've hit the big time.
Take a look in the mirror. Who's in there?
- Stuart
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