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Old Feb 4, 2019, 02:34 PM   #1
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xCLAVEx
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Default Guy at work got his third DUI over the weekend.

He claimed over the phone that he was only arrested because he was driving with a suspended license when he got pulled over, but when I looked up his court file it said he was arrested for a DUI, his third in 10 years.

Now he's already out of jail and is in a preliminary court session today, maybe he'll be able to come back to work before his full trial in March.

My question is this; what kind of penalties does he face with a 3rd DUI with the mitigating factor of having a suspended license due to previous DUI offenses? I'm no expert on the law, and googling around gives me confusing info. I know some of you guys are legal veterans and was wondering what this guy could be facing in the near future?
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Old Feb 4, 2019, 02:39 PM   #2
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It varies by state, but most states now have some sort of mandatory jail time if you commit multiple in a set time span.

It used to be a 7 year span here, but it may have changed since the last time I looked.

You would think that he would have learned his lesson by now, because a DUI is NOT cheap.
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Old Feb 4, 2019, 02:42 PM   #3
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I've never been in that seat, and plan to never be.. However, I've had some friends that have been. It seems to be state specific, but what I've seen is generally a fine (somewhere in the $10-20k range) and their license suspended for at least 12 months (usually between 12-24 months depending on the judge). At the end of the suspension, it's restricted driving allowed only usually for another 6-12 months.
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Old Feb 4, 2019, 02:48 PM   #4
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One thing I read was that in Texas a third DUI in 10 years is a 3rd degree felony. I'm not sure if that is accurate or not, but that could mean mandatory prison time for him after his trial.

Quote:
Criminal Penalties
A third DWI in Texas is a third-degree felony and carries two to ten years in state prison.

Fines cannot exceed $10,000, but a variety of fees and “penalty assessments” will significantly increase the amount you actually pay. Convicted motorists also face up to two years of probation and having to complete a DWI education class, a substance abuse evaluation and/or rehabilitation program, 160 to 600 hours of community service, and possibly having to attend a DWI Impact Panel. As a condition of release from jail, the judge will make you install an ignition interlock device on any vehicle you drive while your charges are pending, and you will not be allowed to drive any vehicle without an interlock for one year following the reinstatement of your license.

HOW MUCH TIME WOULD YOU ACTUALLY SPEND IN JAIL?

Sentencing law is complex. For example, a statute might list a “minimum” jail sentence that’s longer than the actual amount of time (if any) a defendant will have to spend behind bars. All kinds of factors can affect actual punishment, including credits for good in-custody behavior, “suspended” sentences, and jail-alternative work programs.

If you face criminal charges, consult an experienced criminal defense lawyer. An attorney with command of the rules in your jurisdiction will be able to explain the law as it applies to your situation.
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Old Feb 4, 2019, 02:55 PM   #5
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I've seen it happen where friends and co-workers have multiple DUIs. In one case, it was a hefty fine, along with a breath-a-lyzer attached to his steering wheel, which he had to breathe into every time before starting the vehicle. He had to have that for a year, I believe.

In another case, a co-worker had to go to the city jail for like a month, but he was allowed to leave every day to go to work. But that was it; he had to go back right after work. Or something like that. And a room-mate was under house arrest, and had to have an ankle bracelet on all the time, but could go to work and then come back home. No doubt the fines were pretty big in each case.
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Old Feb 4, 2019, 03:11 PM   #6
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Those ignition interlocks are crazy funny if you've ever heard one go off while someone was driving during a conference call. Apparently they require you to blow into them at set intervals as well to make sure you didn't just have someone else blow into it.
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Old Feb 4, 2019, 04:36 PM   #7
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I think 3 DUI's is mandatory jail time 3 months to 5 years+ -- should be a minimum of a few years!! Also think license is gone for minimum 5 years and good luck getting a work permit or entry to places like Canada.

I think a 3rd DUI should be treated as a felony -- 5-10 years jail time, license gone for life.
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Old Feb 4, 2019, 04:47 PM   #8
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In Kentucky that many DUI's and driving while suspended would be felony time. But every state is different.
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Old Feb 4, 2019, 05:01 PM   #9
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The car breathalyzers are hilarious. I worked on many cars with them, and so many times people would just leave their car and say nothing about it. And so I would turn the key on, go around and jump the starter, then drive the car in.

If they didn't bother to call and let the company know their car was in a shop they get in trouble, quickly, for not using it, but I give no sh1ts about those kind of people.

Some of them would have a new mouth piece for me to use to start the car.. in which case I would give it a few tries (but apparently I'm not that hard a blower... ) and then give up and jump the starter anyway.
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Old Feb 4, 2019, 05:06 PM   #10
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As noted above, depends on the State, BUT...

it sounds like his license was suspended due to a prior DUI, which means it hasn't been all that long since that last DUI. Uh-oh.

A lot of states have enacted felony DUI statutes, but even if yours has not, this guy may be looking at being declared a "habitual violator" which in many states is a "hard" (meaning no work/school permit) suspension for five years. And getting caught driving while a HV is a felony.

In my neck of the woods, a 3rd in 10 and a DWLS gets you 24 months probation with 30 to 90 days in jail (depending on how recent the 2nd one was), no vehicle may be registered in your name, and a 12 month no-permit suspension that runs AFTER the current suspension finishes. Also, 240 hours community service, $1000 fine plus court costs and a monthly probation supersision fee (of about $40), also dui school again and a "victim impact" panel (you go in and MADD tells you that you are a piece of ****)

At least I think that's accurate. I do very few DUI cases. Hit me up when your co-worker robs a gas station or molests a kid. that's my stuff
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Old Feb 4, 2019, 05:59 PM   #11
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Originally Posted by wabbitslayer View Post
Hit me up when your co-worker robs a gas station or molests a kid. that's my stuff
Man, you work with our best and brightest don't you?

I bet you have the best stories at parties!
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Old Feb 4, 2019, 06:18 PM   #12
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As someone who has lost a loved one due to a drunk driver, I wish the penalties were much harsher than they are.
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Old Feb 4, 2019, 06:29 PM   #13
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Originally Posted by Munkus View Post
As someone who has lost a loved one due to a drunk driver, I wish the penalties were much harsher than they are.
Me too, lost my mom to one.
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Old Feb 4, 2019, 07:09 PM   #14
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Me too, lost my mom to one.
Wow, that must have be hard. I am really sorry to hear that.
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Old Feb 4, 2019, 07:41 PM   #15
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Me too, lost my mom to one.
I remember when that happened. You shared that with us here.
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Old Feb 4, 2019, 07:45 PM   #16
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Originally Posted by Munkus View Post
As someone who has lost a loved one due to a drunk driver, I wish the penalties were much harsher than they are.
If you live in Big Sky Country then you're well aware. Total cupcake state as far as their DUI laws go.
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Old Feb 4, 2019, 08:44 PM   #17
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It is soooo simple to stop at 2 drinks when you take the car.

Wanna get plastered? Join friends at someone's house and get inflatable beds...
And lots of water...
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Old Feb 5, 2019, 06:29 AM   #18
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Originally Posted by Riptide View Post
If you live in Big Sky Country then you're well aware. Total cupcake state as far as their DUI laws go.
Drunk diving is one of the leading causes of death in this state. With all the little white crosses lining the roads as a reminder, you'd think the state would toughen up the legal punishment.

http://mtlegion.org/department/highw...y-markers.html
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Old Feb 5, 2019, 12:13 PM   #19
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Having a prior DUI and suspended license is not a mitigating factor, that is an aggravating factor. If I were you, I'd be looking for a new employee starting nowish.
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Old Feb 5, 2019, 12:26 PM   #20
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Having a prior DUI and suspended license is not a mitigating factor, that is an aggravating factor. If I were you, I'd be looking for a new employee starting nowish.
For a lot of companies, a conviction in this space would violate their code of conduct and would be an extremely high chance of being let go.
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Old Feb 5, 2019, 01:05 PM   #21
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Having a prior DUI and suspended license is not a mitigating factor, that is an aggravating factor.
This. I had to read it twice to make sure lol.
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Old Feb 5, 2019, 03:02 PM   #22
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For a lot of companies, a conviction in this space would violate their code of conduct and would be an extremely high chance of being let go.

I've seen similar things happen before as well. I remember two coworkers I used to have about a decade ago bot got nabbed on DUIs. One was embarrassed by his conduct and tried to down play it cause he gave a ****. The other was a POS, didn't care about his conduct and semi-bragged about it. I think the former went on to a better employer and the latter I'm not sure what happened to him except I saw him a lot less.
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Old Feb 5, 2019, 03:15 PM   #23
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For a lot of companies, a conviction in this space would violate their code of conduct and would be an extremely high chance of being let go.
He's already back at work. Nothing has been said to him. The two days he missed were used as his yearly 2 sick days (that's all we get). What I'm wondering is what will happen when his real court date in March comes. Will he just have a fine and community service, or will he be assigned prison time?
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Old Feb 5, 2019, 04:13 PM   #24
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He's already back at work. Nothing has been said to him.
He hasn't had a court date yet has he to be convicted (or vindicated) and receive a sentence, correct?
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Old Feb 5, 2019, 04:16 PM   #25
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If he doesn't get jail time when he goes to court then your state has some seriously lax DUI laws.
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Old Feb 5, 2019, 04:42 PM   #26
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He hasn't had a court date yet has he to be convicted (or vindicated) and receive a sentence, correct?
Correct, this is what I'm wondering about. Guess I'll find out more sometime in March (assuming I haven't left by then, looking for a new job myself).
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Old Feb 5, 2019, 04:44 PM   #27
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Quote:
Originally Posted by Greasy View Post
If he doesn't get jail time when he goes to court then your state has some seriously lax DUI laws.
Texas DUI laws are pretty tough (now they are, they used to be **** as little as 10 years ago), but from what I read it IS possible to not get jail time. However, the likelihood of no jail time drops due to all of his circumstances (third DUI in less than 10 years, driving with a suspended license). So I'm curious what will happen.

DUI laws still aren't tough enough IMO, they should be much MUCH tougher...like first time offense you should get slammed HARD so you fear the consequences and NEVER do it again. Granted it's no guarantee to stop everybody, but if it could make even one person think twice about the consequences, then it would be considered more effective.

EDIT:

https://dui.drivinglaws.org/texas.php

Says third offense could get 2-10 years in Jail. "could" being the operative word. Guess we'll see.
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Old Feb 5, 2019, 04:49 PM   #28
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If he doesn't get jail time when he goes to court then your state has some seriously lax DUI laws.
Or he has a good lawyer.
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Old Feb 5, 2019, 04:49 PM   #29
Mahjik
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Originally Posted by xCLAVEx View Post
Correct, this is what I'm wondering about. Guess I'll find out more sometime in March (assuming I haven't left by then, looking for a new job myself).
Yea, the company shouldn't do anything until he is convicted. If he gets jail time, it helps makes the company's direction easy.
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Old Feb 5, 2019, 04:51 PM   #30
xCLAVEx
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Yea, the company shouldn't do anything until he is convicted. If he gets jail time, it helps makes the company's direction easy.
Well if he goes to jail for the 2-10 years possible, then yeah he's almost certainly fired. No company is going to wait years for you to get out of prison and hire you again.
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