That is what eventually happened to my friend. At first, he had the ability to get good representation, but just didn't give a damn. Then, by the time he got his third, he had already lost his job, and spent some time in jail. He's still not the same person he was before this all happened, and it's been many years. What really bothers me, besides the fact that my good friend managed to ruin his life, is that he was driving to Austin to visit, had never told me he was coming, and got his 3rd on the way. If he'd called first, maybe I could have reasoned with him. He was a full-blown alcoholic by then. It all turned out badly for him, and his ex-wife, child, and former best friend are still living halfway across the country.
Why do I get the feeling you couldn't burst a morality bubble if you attacked it with logic knife forged out of Ginsu steel?
Jeff, If I thought the punishment fit the crime then I would just take it (license suspension, fine, and probation). My main fear is the implication of a permanent blackmark that may inhibit my ability to exercise choices that have nothing to do with this incident - I don't think the punishment fits my (alleged) crime. If there was deferred adjudication then I would just make a plea. Unfortunately in Texas there isn't any deferred adjudication. I understand where you're coming from but I don't think trying to minimize the penalty is abandoning your culpability and certainly doesn't remove punishment (night in jail, fines, towing charge, lawyer fees). Your view also seems to assume that the prosecution would only seek out what was deemed a 'fair' punishment, which I don't think is a reasonable view at all. It is the reason defendants of any kind in a criminal case are recommended to have a lawyer and why having a court appointed lawyer if you can't afford one is built into the system. Seriously, this incident is thick with irony because my wife has been ridiculing me for years about my driving habits: I don't speed...ever, I don't roll through stop lights, I don't even rabbit stop at stop signs when noone is around. I made a poor decision but I don't think it deserves a lifelong punishment. All of the conversation about how many people get killed by drunk drivers is wholly irrelevant. I didn't hurt anyone else. I habitually switch to soda after one or two drinks or take a cab. The night in jail is more than enough to deter me from ever coming close to this incident again. Buck, Thanks, unfortunately I'm in Dallas. For the 'you shouldn't drink and drive' posters. You're right (well at least as far as you actually mean you shouldn't drive intoxicated). Thanks.
Actually, Hayes, we totally agree on that. If I were in your shoes, I'd hire representation as well and I would try to find a punishment that met the crime for sure. If you are a first-time offender with no other issues, you should receive a lighter punishment than someone with other priors, etc. And no doubt you have learned your lesson. I do think that the danger of drunk driving and the deaths caused by it are relevant simply because they are what is behind the creation of the laws in the first place and they do represent a real risk. If no one was at risk, there would be no law and no one would care. Whether you actually hurt someone is irrelevant to the crime of DWI. Had you hit someone or, God forbid, killed someone, you'd be charged with a completely different crime altogether. The reason for DWI penalties in the first place is to discourage such behavior so as to avoid the more serious problems. But, you know that and you obviously should have representation to help find the best way to deal with the situation.
Good luck, Hayes - I think you have shown that you are reasonable throughout this thread. Everyone makes mistakes sometimes, and it's good that nothing bad has happened. I hope you get out of this without something that damages your future life or career.
I am curious about how many drinks would make your blood alcohol level over the limit? As in how many bottle of beer, or glass of wine after half an hour(after dinner)? On a related note, driving tired is as dangerous as driving drunk, at least to me. At a time I was at a National Park, I had to drive to a nearby town to get dinner after a tiring day. I had a cup of bear, and drove back after an hour. I was somber, however a little bit tired too. I started to dose off driving on that boring country road. When my mind comes back for a second, a truck and its headlight was right in front of me. I swirled right instinctively. But it must have been less than a second before I was about to hit that truck. My car was well over the seperation line when my mind went to hinernate. I am still scared to sh$t when I think of that incident today.
Thanks, DD. Depends on your body weight and whether you've eaten or not I think. One of the dangers of having a cup of bear is the inevitable hibernation period that follows.
