dui help needed

Well title explains it I feel ashamed and horrible. I got a dui and im 20 years old but here is the twist. I didn't get caught for alcohol in my system, however I was under the influence of Xanax. I was falling asleep as I was driving and in one of the dozes off I hit the concrete barrier on the side of the highway this caused my tire to pop and then it shredded I drove on for a little bit maybe 200 yards and parked off to the side of the road. I got out looked to see if I had a spare but didn't walked around my car checked it all out everything was good aside from the tire. I was wide awake pretty much at that point because of what had just happened so I called my mom telling her how im stuck on the side of the road and asking what to do. She honestly didn't know what to say she was at work I don't know what I expected of her anyways. so eventually ( 20 minutes later ) a state trooper pulls up I was sitting in the car the keys were still in it at the time but the engine was off and I got out thinking maybe they would help me because my tire was shredded and I had no spare but he had me do a field sobriety test and im honestly not sure how I did I thought I did alright i mean the officer told me if i passed the final test hed let me go so he made me blow. and first time i blew it was a 0.0 the second time the same third time the same fourth the same. so then a female cop comes gives me the watch my finger test and says that she has probable cause to detain me they take me to a hospital where im asked a series of questions to which i answered ( stupidly ) told them i was at a friends house and had drank the night before and taken a Xanax but barely slept and had to drive home early in the morning. they then had me perform another series of test to determine if i was sober or not and i did i can honestly say very good on those they then made me go through the test of darkness and light and the what it does to your pupils noted some things then took my blood and then proceeded to take me to the jail there they offered me the option to call a sober person to come and pick me up but in tears i denied because i wanted to really feel the full effects of what i had done so then they put me in the drunk tank. i was the only one pretty much sober in there one kid was running around freaking out on meth another guy was obviously on some kinda crazy drugs he had no teeth and me well i was just pretty chill because i had Xanax in my system.. so my question is sorry for the awful formatting its just a wall of text but is there any possible way to get this expunged there will be Xanax and cocaine in my blood and marijuana.. i don't frequently use Xanax or cocaine but of course one of the few times i do i get a dui for it also if anyone knows will this stop me from being able to join the military? i was going to join in 11 months but idk seems like that dream is killed. any help advice response is appreciated.


Comments


[5 Points] None:

Ok, I'll be honest with you, I stopped reading when you said Xanax and picked back up at the military part. Sorry that this happened to you, try and keep your head up, if we all were held to the mistakes we made in our 20"s no one would have a job. As long as you don't get s felony, you should be good to go with the military. Some of the biggest degenerate alcoholics I've ever met were marines.

Honestly though, don't take any of my advice and consult a lawyer ASAP. Good luck.


[6 Points] CocaineNose:

should of just refused the tests. Taken the year revocation of driving privileges.


[2 Points] Halfbreedyo:

Ok, as a few others have mentioned shop around for an attorney. Many give free in person consultations, and many specialize in DUIs.

It's time to play the game, go in plead not guilty. Look presentable, fresh hair cut, clean clothes etc etc. Practice addressing the judge as "your honor" and be sure to stand when speaking to him. Do not say "umm" and or mumble. He'll ask if you have secured representation, state that you are in the process, if possible get the process of obtaining a public defender started. It'll be useful for filing a continuance or 2 until you have saved the down payment on a private attorney, and also the public defender can make motions to get your "work permit" driving privileges reinstated.

Toxicology can take approximately 2 to 4 weeks to come back. In this time I would recommend applying for a no interest (at least for 6-9 months) credit card so that you can possibly retain private council with that, if you don't have savings. Certain attorneys provide DUI defense with a fee that is just one price with everything included until resolution is obtained, and you may want to consider this as it might be cost saving in the longer run.

Draw the process out as much as possible, or that you are willing to do. Prosecution will be more willing to plea down just to get this relatively small nuisance case cleared up the longer it is drawn out.

If the lawyers dont see any procedural errors in obtaining the evidence (eg. Probable cause, chain of custody with blood sample) offer up pleading guilty but only if expungement is a possibility (if allowable in your state) , get it in writing as part of the plea. Also, if you're willing, enter in to some sort of monitoring (random UAs for 6 to 9 months), make the narrative that this was a out of the ordinary type of behavior and that you are otherwise a upstanding citizen. Maybe look for a attorney that has a military background, he or she may be sympathetic to your circumstances and long term desires.
Good luck and embrace this opportunity, always remember this could have turned out alot worse, no one's hurt or killed and in 6 to 12 months this will be over...


[1 Points] Lucid_Enemy:

They won't charge you for possession..... Its not illegal to be high just being intoxicated at the wheel the fact keys were in the ignition means you had the idea of driving either way you'll plea take some probation ask for a stay of judication or imposition in your plea that will make it go to a lower degree when you complete probation


[1 Points] None:

Get a lawyer. Some parts of this story give me the feeling a good lawyer could definitely get this dropped down to a pretty manageable charge. Especially because almost all of the field sobriety test, especially the eye part, is not admissible in court and pretty sure it's not considered probable cause.


[1 Points] redditulousfun:

Get a good lawyer (good doesnt mean expensive and expensive doesnt mean good). A good lawyer will take care of everything (you may still get probation or driving prohib but a good lawyer will minimize the penalty and if you stress your wish to join the military your lawyer may be able to structure the penalty as such it still allows you to enlist


[1 Points] aft3rm4th:

Send me a message and ill give you whatever info i can


[1 Points] Theeconomist1:

Get a good lawyer. For future reference, you should take the keys out of the ignition. It prob varies state to state but could make a difference. I'm not a lawyer but a friend of mine did something similar after a night of drinking. He was driving home from the bar and wrecked into a stationary object. He took keys out of the ignition. He was arrested for public intox and that's it. He said bc the cops didn't witness him driving and crashing and the keys weren't in the ignition and he was outside of the car, plus never admitted to driving, that all he could get charged with was public intox. Apparently the keys in the ignition is a big deal. I know the charge Bc I bailed him out of jail the next morning. Bail was low and def not a dui charge.

Not encouraging anyone to be stupid and do this. Just to understand some legal oddities. I'm not going to spend time telling you how irresponsible you were and you're lucky you didn't kill someone as you prob already know.

The only advice you should heed is to get a lawyer to undo as much damage as possible. A good lawyer may be able to get the more serious charges dropped or reduced but you may have dug too deep of a hole. See a lawyer now


[1 Points] toochill700:

Damn. Kinda fucked up but this exact fucking thing happened to me. I was barred out driving back from a friends around 12AM.. So I'm driving and I keep seeing sparks fly up..realized I kept swiping the damn barrier. I was lucky though and I got home in one piece.. And I didn't hurt anyone. I was fucking stupid.