DUIs

[Predator314]

Does any OOTers have any Driving Under the Influence charges on their record?

I don't have any myself (don't drink), but I do have a friend that just got his 3rd around Halloween. I think today is the day he learns his fate.

He's pretty unlucky with these things. His first DUI was while in the marines in NC. He was coming back to the base drunk. He got pulled over for doing like 35 in a 50 mph zone or something like that. His 2nd offense, was coming home from a bar, another driver drunker than him, hits him head on. Driver goes to hospital, he goes to jail. 3rd offense irritated the [censored] out of me because I actually drove him home that night. He went back out after I dropped him off. That wasn't a bout of bad luck, just stupidity.

Anyway, my friend is hands down an A-1 guy. He never has a mean word to say to anyone. He helps everyone out. Isn't selfish. Just an all around good person and I've known him since kindergarten (approx. 22-23 years). He's not an alcoholic. In fact, he only drinks maybe once or twice a month and I've seen him go on stretches where he doesn't drink anything for a few months. However, when he does drink, he doesn't want to stop.

So I've looked at the DUI laws for WV. For 3rd offense, it says there is a mandatory 1 year jail term. However, his lawyer has told him that it might be possible to plea guilty to 2nd offense DUI again. I think this is his best scenario he's looking at.

On his first offense he lost his Drivers License for a year. 2nd offense, the cop didn't show up to DMV court, so he didn't lose his license, but he got 6 months house arrest.

Does anyone have an experience in this field? I'm not defending what he did. It was wrong and he probably doesn't deserve to drive again. However, he is an honest and good person that doesn't deserve to be in jail.