Court Appearance

[ladybrettashley]

My husband got a dui in early June. It has been devastating to say the least because he is a high profile professional in education. It has sucked so bad. Anyway, he quit smoking and drinking when he got arrested but smoked a few hits of a joint a week ago. He received a court summons for next Tuesday which will be approximately 21 days from when he puffed on that j. He is scared and scared the crap out of me. I don't know anything about such things and wonder if anyone has any advice. Do you think it will still be in his system?

Thanks, in advance,

Brett:confused2:

 

[snuggles]

He should be cool, a court summons is just a hearing or something similar. I know here in my state they don't drug test until he is found guilty and placed in probation so he shouldn't have to give a drug test in court. Wish him luck for me, and I hope you are both doing OK, just go with the flow.

 

[ladybrettashley]

Thanks, Snuggles! It's a bond hearing, and I don't know anything about court matters. I smoke weed, but I've never been arrested or anything. We are both so scared, and I'm trying to stay cool for him. I read if he drinks a lot of cranberry juice and Gatorade it could detox his system.

This has definitely been the summer of the DUI. It has impacted every bit of it. The good thing is that he quit drinking. Some people have to pay thousands of dollars to do that anyways.

Thanks again.

 

[snuggles]

I got one the end of May, I haven't had a drink for 2.5 years, mine was for MJ and I was driving home a drunk friend. He should be fine, if your state is "normal" he should do better than you both think. It sucks but it's not the end of the world and if he is a first time offender they go easy IMO. Keep the head up and put one foot in front of the other and before you know it it's all over and you both can move on. Also bond hearings are no big deal, just a little matter of setting a bail/bond and releasing him. DUI bail/bond is nothing IMO and he will not have to pee. Probably just some questions like how much he makes, what he does for a living, does he own a house, have alcohol or drug problems etc. They want to get a feel for him that's all, and since he's a first timer he should be golden for that hearing. Good luck

 

[halzey68]

In most cases , any Crime must have a "drug" factor to have drug testing mandatory for probation. Since your husband had a DUI(alcohol",i presume) there was no Drug offense. as long as he does not admit to using pot, they cant test him. They are only allowed to test for items directly linked to his case. HOPE THIS HELPS! but check out local laws to be sure. im in california.

 

[halzey68]

Also remember, you have the right to remain silent. Most of the evidence they will use, you gave them. Never submit to sobriety tests if you are under the influence, only do them, if you know you will pass them. Department of Motor Vehicles will suspend your liscense for a year for not submitting to tests, but it will be suspended anyway once your convicted of any dui. So , do you want a suspended liscense with or without fines. BUT, keep in mind if you are just plastered, theyll convict you with or with out tests, but if you are borderline and you submit to there tests, you just handed them all the evidence they need to convict you . ill take the suspended liscense with no conviction please.

 

[slowmo77]

if its just a bond hearing he will fine. no worries. a first dui in most states is just a fine and suspended license. maybe some comunity service. they won't do a drug test. they have no reason to. i wouldn't even worry about it. i've been thru all kinds of court dates and never been tested. even if they put him on probation they won't do a drug test for the first 30 days in most cases.. i had a major drug charge and in 2 years only took 1 drug test. and that was at the end of my first 2 years on probation. good luck.

 

[ladybrettashley]

Y'all are really sweet. He is 50 and had a dui in Michigan when he was 20. We are in Texas, and I don't know how tough a state that is. I appreciate the one foot in front of the other advice because we can't go back in time. All we can do is move forward. I will say that he had a drinking problem, and I have been waiting for that call for years. I'm just glad nobody ever got hurt. Now he's not drinking, and it has changed things a lot. It's not easy for me to change our life style either because I'm a partier that never really had a problem.

Oh well, on a side note, this is a very interesting site. I love it! It makes me want to go back to Amsterdam! lol

 

[Megatron]

Edit..

 

[tds1953]

He is a ok. They are going to ask how he pleds. And give him his next court date. If it is his 1st DUI it is not that big of a deal he will be fine and so will you! Great that you are standing by his side!

 

[nOob grower]

I have 2 DUI's. They suck. I did get drug tested, every month, just part of the probation in Illinois. By the time he gets his sentence he would be clean anyways, he is probably already clean, so nothing to worry about.

 

[snuggles]

Also remember, you have the right to remain silent. Most of the evidence they will use, you gave them. Never submit to sobriety tests if you are under the influence, only do them, if you know you will pass them. Department of Motor Vehicles will suspend your liscense for a year for not submitting to trests, but it will be suspended anyway once your convicted of any dui. So , do you want a suspended liscense with or without fines. BUT, keep in mind if you are just plastered, theyll convict you with or with out tests, but if you are borderline and you submit to there tests, you just handed them all the evidence they need to convict you . ill take the suspended liscense with no conviction please.

Be careful this isn't true in a lot of states anymore. Here in PA if you refuse you do an automatic 72 hours in prison (they take you right away) a years alcohol suspended drivers liscense and then on top of all that they can still charge you with DUI and add those penalties on top of the failure to comply with a sobriety test. Meaning 1 year suspension for refusal, maybe another 6 months for the DUI and then added time. Here in PA if you are caught driving with a alchol suspended liscense you go to JAIL immediately and do some time. Some states are really tough about it now, and they have figured out the failure to comply, and here in PA if you refuse and they send you to prison, they can and will take your blood or a breathalizer so you are screwed either way. MADD has some major pull in this coutry IMO.

There are 2 types of suspended liscenses, alcohol and other. If caught driving with a regular suspension they add time to the suspension. If the suspension is alcohol related and you get caught you do jail time and get the suspension extended.

 

[nOob grower]

hXXp://criminal-law.freeadvice.com/drunk_driving/texas-dui.htm

First Texas DWI Offense:


Texas Criminal Status: Class B Misdemeanor

Jail: Minimum 72 hours, or 6 days if open container is present.

Texas DWI Fines/Costs: Fine not to exceed $2,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16). Texas License Suspension: Yes, 1 year. Attending DWI Education class may avoid this. Occupational license may be granted based on need.

Violation of Zero Tolerance Law: N/A

Texas Conditional License: A conditional, or occupational license, may be issued based on "essential need" and usually only when the court orders an offender into alcohol assessment/rehabilitation. Offenders who have been granted occupational licenses within 10 years are ineligible. For definitions of “essential need”, see Transportation Code Section 521.241.

Vehicle Impound: None

Texas DWI School: First time offenders must complete a 12 hour DWI Education Program within 180 days of when probation was granted or risk having their license revoked.

Texas Probation: Terms of probation decided by judge or jury.

Texas Community Service: 24 hours required, but no more than 100 hours.