Already passed C&F but arrested for 2nd DUI

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Already passed C&F but arrested for 2nd DUI

Postby Anonymous User » Mon Oct 02, 2017 1:55 pm

I was arrested for my 2nd DUI (first was about 5 years ago). I applied to be barred by reciprocity in another jx, and already cleared their C&F. I'm expecting to receive the oath I need signed within the next few weeks, well before the DUI case will be disposed of. Should I disclose the arrest now? Or go ahead and finish the process of being barred in the new state, then if I'm actually found guilty of anything, disclose that? Note that a DUI in the state in which I was arrested is a motor vehicle violation, not a misdemeanor or other sort of "crime".

Yes, I know drinking and driving is bad. Yes, I know I was lucky that neither I nor anyone else was hurt.

Any advice would be greatly appreciated.

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Re: Already passed C&F but arrested for 2nd DUI

Postby Anonymous User » Mon Oct 02, 2017 2:16 pm

Anonymous User wrote:I was arrested for my 2nd DUI (first was about 5 years ago). I applied to be barred by reciprocity in another jx, and already cleared their C&F. I'm expecting to receive the oath I need signed within the next few weeks, well before the DUI case will be disposed of. Should I disclose the arrest now? Or go ahead and finish the process of being barred in the new state, then if I'm actually found guilty of anything, disclose that? Note that a DUI in the state in which I was arrested is a motor vehicle violation, not a misdemeanor or other sort of "crime".

Yes, I know drinking and driving is bad. Yes, I know I was lucky that neither I nor anyone else was hurt.

Any advice would be greatly appreciated.


Can't really help you without knowing the state. Each jdx has its own rules and you have to look at the exact/specific wording of the questions. Some jdx ask you to list any "allegations" while others want you to only list "convictions."

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North

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Re: Already passed C&F but arrested for 2nd DUI

Postby North » Tue Oct 03, 2017 2:03 am

Have you considered not getting drunk and then driving your car? Seems like you could avoid a lot of trouble not getting drunk and then getting in your car and driving it.

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jess

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Re: Already passed C&F but arrested for 2nd DUI

Postby jess » Tue Oct 03, 2017 5:10 am

.
Last edited by jess on Fri Oct 27, 2017 12:14 am, edited 1 time in total.

RaceJudicata

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Re: Already passed C&F but arrested for 2nd DUI

Postby RaceJudicata » Tue Oct 03, 2017 9:09 am

Disclose now. And get your shit figured out. Uber, cab, Lyft, or staying sober are all viable options.

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Re: Already passed C&F but arrested for 2nd DUI

Postby Anonymous User » Wed Oct 04, 2017 3:43 pm

OP here. Thanks for the replies.

My first DUI was me being a stupid college kid. It actually involved a bachelor party and an ATV. It was subsequently expunged: still shows up on my driver's history but not on my criminal record. It was in a different state than my second.

In case it's helpful, here's some more info about what happened:
I'm a 5'1 male who weighs 120lbs. I had one 9oz pour of wine at a business lunch. I was over the limit at 0.086. I know I was wrong and that driving with a BAC over 0.080 is drunk driving. Period. Meanwhile, I took too much of my anxiety medication by mistake (doc switched me to a new med and I messed up with the dosing). I had pulled over on my own accord when I started to feel the effects of the meds and was waiting to be picked up by friends. The car was still on and I had obviously just been driving it. A cop pulled up to see what was up, and noticed I was kind of out of it. Breathalyzer test followed by arrest. Right afterwards, my friends took me to the ER. I have time-stamped blood work and an affidavit from a physician that corroborates this info. Again, I'm not saying I shouldn't be held accountable for my actions. I know it was my fault and that I need to do something to make sure it doesn't happen again.

Along those lines, I realized that drinking and taking my meds is obviously a dangerous combination, so I plan to just stay away from the sauce. As someone who doesn't drink often, and whose wife doesn't drink at all, it's not a super huge deal to me. Even though I don't think I need it to stop drinking, do you think I should take active steps to show that I'm committed to this? For example, I just did a quick web search and saw there are outpatient-group-therapy-type programs that also will test you regularly to make sure you haven't been drinking. That way there'd be 3rd party documentation that I haven't drank in X number of months. Thoughts?

The BOLE explicitly asked not to be bothered about C&F stuff until a certain date (I'm assuming that has to do with bar exam results coming out). I'll disclose it then and take responsibility. The last communication I received before knowing I cleared C&F said I can request a C&F interview (as opposed to waiting for them to call me in if they wanted to) if I felt like a conversation about something on my record would've helped them understand it. Do you guys think I should request an interview? I feel like I should, but I don't want to come across as being defensive.

Thanks again for the input. It's really appreciated.

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Broncsfan

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Re: Already passed C&F but arrested for 2nd DUI

Postby Broncsfan » Wed Oct 04, 2017 4:42 pm

North wrote:Have you considered not getting drunk and then driving your car? Seems like you could avoid a lot of trouble not getting drunk and then getting in your car and driving it.



Eye roll.....I'm sure he did not come here for a lecture. Shit happens

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cron1834

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Re: Already passed C&F but arrested for 2nd DUI

Postby cron1834 » Wed Oct 04, 2017 5:13 pm

Broncsfan wrote:
North wrote:Have you considered not getting drunk and then driving your car? Seems like you could avoid a lot of trouble not getting drunk and then getting in your car and driving it.



Eye roll.....I'm sure he did not come here for a lecture. Shit happens

Eyeroll at your lame take. I can assure you with confidence that the C&F process will not take a "shit happens" approach to a repeat offender. Why are you posting in this thread anyway? Apply for a bar somewhere before you start talking shit.

Npret

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Re: Already passed C&F but arrested for 2nd DUI

Postby Npret » Wed Oct 04, 2017 5:42 pm

OP you have psychological issues as well as second DUI?
You should ask an expert in Cand F. Don't waste time with advice from people who aren't experts.

Your second post makes you sound like even more of a mess than your first post and that wasn't encouraging.

I'm willing to bet somewhere along the line you were told not to drink while taking that medication or maybe it says "may cause drowsiness." Maybe I'm wrong but the medication and alcohol certainly don't mix.

Why did you go to the hospital? I'm glad you are fine but the entire situation sounds extreme. Taking the wrong dose of anxiety medication is a bad look too.

Just get an expert to advise you.

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kellyfrost

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Re: Already passed C&F but arrested for 2nd DUI

Postby kellyfrost » Wed Oct 04, 2017 5:54 pm

North wrote:Have you considered not getting drunk and then driving your car? Seems like you could avoid a lot of trouble not getting drunk and then getting in your car and driving it.


This is excellent advice that OP could have only received from posting on TLS. Thank you for pointing this out.
Last edited by kellyfrost on Sat Jan 27, 2018 12:09 pm, edited 1 time in total.

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Broncsfan

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Re: Already passed C&F but arrested for 2nd DUI

Postby Broncsfan » Thu Oct 05, 2017 11:46 am

cron1834 wrote:
Broncsfan wrote:
North wrote:Have you considered not getting drunk and then driving your car? Seems like you could avoid a lot of trouble not getting drunk and then getting in your car and driving it.



Eye roll.....I'm sure he did not come here for a lecture. Shit happens

Eyeroll at your lame take. I can assure you with confidence that the C&F process will not take a "shit happens" approach to a repeat offender. Why are you posting in this thread anyway? Apply for a bar somewhere before you start talking shit.



Triggered

Npret

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Re: Already passed C&F but arrested for 2nd DUI

Postby Npret » Thu Oct 05, 2017 1:43 pm

OP is in a serious and tricky situation here. I wouldn't minimize it.

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cron1834

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Re: Already passed C&F but arrested for 2nd DUI

Postby cron1834 » Thu Oct 05, 2017 3:03 pm

Broncsfan wrote:
cron1834 wrote:
Broncsfan wrote:
North wrote:Have you considered not getting drunk and then driving your car? Seems like you could avoid a lot of trouble not getting drunk and then getting in your car and driving it.



Eye roll.....I'm sure he did not come here for a lecture. Shit happens

Eyeroll at your lame take. I can assure you with confidence that the C&F process will not take a "shit happens" approach to a repeat offender. Why are you posting in this thread anyway? Apply for a bar somewhere before you start talking shit.



Triggered

Stop shitting up a serious thread, you infant. Mods plz.



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