Girlfriend got a DUI

[KLR SNK 8]

x

 

[FordSVTFan]

My Girlfriends got a DUI 3 or so weeks ago. Goes to court on 7th. She got pulled over for 65 in a 45. Says that they were not going that fast. She was asked to blow and she did. She blew a .21 (she only about 120 wet) She is under age too. This was a IL state cop. The lawer told her there is no way to get out or get it lowed. She going to lose her license for 1 month and 5 months of having the tester in the car. The lose her license for 1 month is fine with me but i dont like the idea of having to install the tester in the car. I know she can take a 6 month lose and dont need it. Any help would be great thanks. (PS i know she was a dumbass)

Her weight makes little difference in her B.A.C. She was more than twice the legal limit.

I don't know where you got your information about the penalties, but I suggest you read the quote below.

A first DUI / DWI offender can receive court supervision, only once, which will not be viewed as a conviction. The criminal case is dismissed after successful completion of court supervision, but can't be expunged from the public record.

DUI / DWI convictions: Driving under the influence of alcohol and/or drugs will cause mandatory revocation of your driver's license, plus criminal penalties of up to 364 days in jail and a fine up to $2,500.

If you are convicted of a DUI / DWI, your driver's license and driving privileges will be revoked for a minimum of one year for the first DUI / DWI offense, five years for a second DUI / DWI offense committed within a 20-year period, and 10 years for a third or subsequent DUI / DWI offense.

DUI / DWI conviction for those under age 21 at the time will result in your driving privileges being revoked for a minimum of two years for your first DUI / DWI offense; for five years or until your 21st birthday, whichever is longer, for your second DUI / DWI offense; and for 10 years for a third or subsequent DUI / DWI offense. If you meet conditions set by the Secretary of State, you can get a restricted driving permit, good for 1 year, which generally allows driving only between 5 a.m. and 9 p.m. After that, you can apply for (but are not assured of getting) a regular driver's license. Those are the penalties for a first DUI / DWI offense. For a second DUI / DWI offense within 20 years, the same criminal penalties apply, your license will be revoked, and you cannot apply for another license for 5 years. You can also be sentenced to 48 hours in jail or 10 days of community service. For a third conviction, which is a class 4 felony, you can be imprisoned up to 3 years and fined up to $25,000; your license will be revoked; and you cannot apply for another one for 10 years. For a fourth DUI / DWI offense, you can be imprisoned up to 3 years, fined up to $25,000, and can NEVER AGAIN legally drive.

 

[Steve03SVT]

Id find a new girlfriend, looks like you'll be driving her around for a year or two.

 

[KLR SNK 8]

Her weight makes little difference in her B.A.C. She was more than twice the legal limit.

I don't know where you got your information about the penalties, but I suggest you read the quote below.

That helps thank you. But is there anything to do in court to do stuff about dropping it down?

 

[fiveohpoepoe]

Doubt it. The BAC and speed will play the biggest role.

 

[03SSSSSVT]

Her weight makes little difference in her B.A.C. She was more than twice the legal limit.

I don't know where you got your information about the penalties, but I suggest you read the quote below.

Each state must be different then, so you can't go by that quote. Here in Mississippi, your Driver's License/Driving Privileges are revoked for 90 days if it is your first offense, or 1 year if you have been previously convicted of a DUI. This is per Section 63-11-30 of Mississippi Code of 1972.

 

[saleencobra]

whats a tester??

 

[bmxer89]

whats a tester??

You have to blow into something so you can start your car, so you can't start it if you been drinking

 

[carnut726]

thats almost 3 times the NJ limit.... i am 100% sure she is gonna get POUNDED in court. Hope you really like her because she is gonna be in your passenger seat for the next year or two.

 

[jshen]

Each state must be different then, so you can't go by that quote. Here in Mississippi, your Driver's License/Driving Privileges are revoked for 90 days if it is your first offense, or 1 year if you have been previously convicted of a DUI. This is per Section 63-11-30 of Mississippi Code of 1972.

He's NOT from Mississippi-but Illinois, and the "quote" I believe is Illinois law. See 625 ILCS 5/11-501.1

 

[FordSVTFan]

That helps thank you. But is there anything to do in court to do stuff about dropping it down?

This is a serious matter and she needs to consult a DUI attorney as soon as possible.

That being said, there are likely no mitigators based on her being under age and her B.A.C.

 

[FordSVTFan]

Each state must be different then, so you can't go by that quote. Here in Mississippi, your Driver's License/Driving Privileges are revoked for 90 days if it is your first offense, or 1 year if you have been previously convicted of a DUI. This is per Section 63-11-30 of Mississippi Code of 1972.

You might want to think before you type. I quoted the Illinois code. That is the applicable code. Mississippi Code doesn't apply.

Please post on topic or not at all.

He's NOT from Mississippi-but Illinois, and the "quote" I believe is Illinois law. See 625 ILCS 5/11-501.1

You are correct sir.

 

[FordSVTFan]

whats a tester??

It is called an ignition interlock device. The car cannot be started until a breath sample is taken from the person seated in the driver's seat and shows no traces of alcohol.

 

[03SSSSSVT]

You might want to think before you type. I quoted the Illinois code. That is the applicable code. Mississippi Code doesn't apply.

Please post on topic or not at all.

Dude, chill the hell out. I didn't see any spot in there that stated that was the Illinois code. My freakin' bad! I was just pointing out TRUE info about DUI's being different for different states, I didn't realize your "quote" was from Illinois.

 

[musclefan21]

It is called an ignition interlock device. The car cannot be started until a breath sample is taken from the person seated in the driver's seat and shows no traces of alcohol.

what a cool thing. I love it! way to embarrass the person too.

 

[ford_racer]

Dude, chill the hell out. I didn't see any spot in there that stated that was the Illinois code. My freakin' bad! I was just pointing out TRUE info about DUI's being different for different states, I didn't realize your "quote" was from Illinois.

The fact that each state's DUI laws and penalties are different is common knowledge to most and has absolutely no relation to anything in this thread. There was no point in you posting the Mississippi code, so I'm pretty confused on what you were trying to accomplish, as I'm sure Adam (SVTFan) was as well.

Anyways, Adam knows his shit. He's one of the few people you can just assume is right. If you spend your time reading you'll come to realize that.

OP, if the lawyer says the chances of getting the charge reduced is slim, he's probably right. However, it couldn't hurt much to call around and get other DUI laywers' opinions.

 

[Panic661]

Yep. After reading my "DUI Magazine" the LEO and Attorneys pretty much agree on one thing for all underage offenders. You are screwed. They are quite a bit more harsh on you if you're underage.

Do as others have told you and consult with an attorney just to be sure. But blowing a .21 anywhere is not a good thing at any age..

 

[ff500]

If anything she's lucky she didn't kill herself or anybody else.

 

[rubber duck]

From seeing similar cases here in Cook County, even with a plea bargain (if one is even offered by the state), she's looking at getting her d/l yanked for one year minimum even if she avoids a conviction, lawyer costs are probably going to be above $2k. Even take MY advice with a grain of salt, I work in Cook County and we are very sympathetic to criminals around here, if she got this downstate she's going to get stiffer penalties, even possibly a couple days in the clink if the judge sees fit.

 

[FordSVTFan]

Dude, chill the hell out. I didn't see any spot in there that stated that was the Illinois code. My freakin' bad! I was just pointing out TRUE info about DUI's being different for different states, I didn't realize your "quote" was from Illinois.

You BEST read the rules before you tell anyone to "chill the hell out." Indeed it was "your freakin' bad." So before you go spouting off maybe you should fully understand what you are attempting to critique.