HELP! I got an OWUI and I need some advice, can anyone help?

Question

Just no lecturing please. I have ALWAYS been VERY against drinking and driving and I don't know what came over me. The situation is complicated. It is my first offense. I was speeding (75 in a 45 but DID NOT GET A TICKET) so that was reason to pull over. He smelled liquor and had me get out. I had a severly infected eye with MRSA which I was planning on going to the hospital in the morning (this happened at 3 in the morning) so they offered to take me to the hospital but I didn't know they called an ambulance until they showed up! I BREATHED INTO SOMETHING WHEN I WAS PULLED OVER AND I THOUGHT THAT WAS A BREATHALIZER! The police were scared of the MRSA so they didn't want me in their cars for fear of contamination 'cause they only knew what they heard on the news about closing schools and cleaning them out and stuff so I rode in the ambulance. When I got to the hospital, the police requested a blood alcohol test which they said I could refuse and then they could get a warrant.

Well, I assumed that I already did a breathalizer so why give blood so I refused. They got a warrant so I had to give blood. Then, they started to cuff me and I started to refuse so he got me on the ground and threatned me with a taser (mind that I'm a thin woman) so I let him put them on. They DID NOT CHARGE ME WITH RESISTING but they did tell the jail I wasn't cooperating. They put me in isolation in jail 'cause of the MRSA and wouldn't even let me use the phone because of fear that I'd contaminate the phone. I spent about 15 hours there in an empty cell with no one to talk to. I learned my lesson. I am also on the Methadone program which they won't give in jail and it is EXTREMELY terrible withdrawl so I really can't go to jail. I am willing to do house arrest, community service, pay any fines, and take classes, anything they want but jail. I have a lawyer that I paid $2000 for. He's trying to get it reduced to "IMPAIRED DRIVING" but it's complicated 'cause of my refusal.

I HAVE HAD A PERFECT DRIVING RECORD FOR 12 YEARS NOW and have only been arrested once 13 years ago for forging a check (it was my parents and they pressed charges) but that is it, NO DRINKING OR DRUG PRIORS. I probably won't get jail, right? I live in Michigan which is VERY STRICT!!! I don't care about losing my license for a while either. I would think my lawyer would be able to work out some sort of plea deal that doesn't involve jail. It would be stupid on their part because I have MRSA (and usually have open sores) and am doing great on the Methadone program. I think I'd benefit more from community service and victim impact classes. I am very sorry and I am just greatful that I didn't hurt anyone. What should I tell the judge that may help. Should I tell he/she that I really am against drinking and driving and that I am just relieved that I didn't hurt anyone or myself and I won't ever do it again or do they think that's just b.s.? ANY ADVICE APPRECIATED!

Answer 1

And....

They had to take blood because a field breathalyzer is not admissible in court. The official one is at the police station - which you didn't go to right away. You won't get jail for a first offense. I'm not sure exactly what you think you refused. If they needed to get a warrant for your blood, you license will automatically be suspended for a year.
Get a lawyer. He'll probably tell you to go to AA and get signatures. Then go to court and the prosecutor will have a plea agreement for you. You'll probably get set back $1500 + $2000 for a lawyer, lose your license for up to a year, 40 hours community service, AA, MADD victim's impact lecture, and maybe a year probation. It depends whether it's city / county / or state law you're being charged with, but it's all about the same. GOOD LUCK - and don't get a 2nd!

Answer 2

So what here is the question? Are you wanting to know about the mrsa or the OWI? By the way it isn't OWUI.....

How the hell did you contract the mrsa virus in your eye?

Edit: Well, I'm getting the picture of how you contracted the Mrsa... anyways, what still is your question....? You need to put yourself into a rehab program! Inpatient, get your @ss off of the methadone. That crap is just as bad as the heroin....I've had friends on that sh!t. The judge will see that as you are trying to do better for yourself. Just make sure you don't have any set court dates that YOU have to attend while in In-patient. As long as your lawyer can be there that will be ok....I have had a long hard battle with crystal meth. No, its not heroin, but everyone has their drug of choice and so if you want to talk to someone, I'm here. Yes I have done jail time and have lost almost everything from drugs. I now have my life back. Have a great job and work hard every day to stay away from the sh!t. Email me if you want to talk....

Additional: The judge has heard all of this before...You need to show him your trying and not tell him. You need to talk to your lawyer and see what he/she thinks the best route for you is. They will most likely suspend your lisence for 6 months for your first offense, (Indiana Law). But with a plea deal it could get dropped. I had to take counseling classes and all kinds of stuff. Just take the best plea bargin, and if your lawyer says it is the best your gonna get, then take it, he/she is most likely telling you the truth. When you pay a lawyer they are working for you and they are going to get the best deal that they can for you....When you have a public defender, they generally don't give a d@mn. Good luck to you.


By the way, I had 10 days do five on good time with just 1 possession charge, They dropped 2 C felonies of dealing Marijauna, and 1 C felony of conspiracy to deal, 1 B misdemeanor of conspiracy of possession, all within 1000 ft. of a public park... I spent more than $3000 on a big city lawyer.

Answer 3

Go to the court where you will be charged and watch the cases for a day. There is usually a standard plea for a first offense DUI. See what penalties others get and that is what you will probably get absent some other extraordinary circumstances. Or you could ask your lawyer what you are realistically looking at.

Answer 4

Firtst of all dont get in any more trouble[until after the court date].Just do what the lawyer says.Go to some A.A. meetings to show the judge that you're trying to get better.
First offenses usually dont come with jail time but the penaltys are nothing nice.I've got one myself but i got into some trouble shortly afterward and had to go to jail in another county and because of that i missed my court date.i got a stiff penalty but never had to serve jail time because of the d.u.i.
Good luck I hope that helps.

Answer 5

You probably need another $10k worth of lawyer of fines to get out of this.