3rd DUI in South Carolina

[RyanL]

Hello everyone, I'm a 26 year old male from South Carolina, married for almost 5 years and have a beautiful 2 1/2 year old daughter.

I'm not sure what all information I should include here, so forgive me if I add a lot of irrelevent stuff.

I was arrested for DUI this past Saturday at approx 11:00 pm, which is my third DUI overall.

My first DUI occured on Jan 1, 1997 when I was 18
and my second occured approx Nov of 1999, at 21 yrs of age.
I do not have any criminal charges on my record, just the DUI's, minor in posession of alcohol, and a few speeding tickets over the years of 1994-current.

So here's my story, my Father was/is an alcoholic, and I witnessed alot of horror between him and my mother growing up. Instead of making the smart decision to avoid alcohol at all costs, I decided to try it in my teenage years. It was all fine and dandy at first, being young, having fun, no real responsibilities. Got my first two DUIs, paid fines, lost my license, no real harm done because by the grace of God I did not injure anyone.

Grew up some, got married in early 2000, had a child later, not much drinking after that. I vowed never to put my family through what my Father put us through, so I never drank around my family, especially my daughter. (The rational decision would to have not drank at all, hindsight is 20/20) But I did drink on rare occasions, it just wasn't a priority like it was in those "fun" teen years.

Now to my current situation. My brother-in-law is set to join the Army soon, and he's a person that NEVER drinks, but decided he'd like to go out and have a "good" time before he leaves for the Army.

The Bad:

I was pulled over, got arrested, got out 5/6 hours later and am now possibly facing jail time. Maybe 10 days, maybe 60, maybe 120 days. I have a laywer, I will plead no contest. I am utterly terrified of having to leave my daughter for any amount of time, not having the freedom to kiss/hug her and such. I prided myself on being a great father, but if I go to jail, I'll have really let her down, and myself down. The terror is to an extent to where I haven't been able to eat since this has happened, am crying constantly, very depressed. I'm weak, mentally and physically. I'm not sorry that I feel this way, I consider this punishment for jeopardizing my family, dishonoring and shaming them, and risking others by being on the road while drunk.

The Good:
Since this has happened, my eyes have been opened and I don't take things for granted. My heart feels free, I hold no anger, I feel at peace in my heart, and I'm humbled. I feel and will come closer to God, regardless of the outcome. I have no more pride, no more ego, I feel this is my true self, as I once was. I've started going to Alcoholics Anonymous everyday since the Monday after the incident. I'm fortunate enough to not be in the stages of this disease to where it hounds me to drink daily. I rarely drink, but when I do, do it "good." I'll walk over hot coals to save my family from the things I may put them through.

I was very respectful and compliant to the arresting officer, and officers I encountered at the jail as I realize they don't get joy out of arresting people in most cases, and have to feed their family just like we all do. They're just doing their job and I can appreciate that.

So, my question is, what are the chances of me having to serve jail time? Will I be looked upon as a criminal with reckless abandonment and in defiance of the law, or will I more likely be looked upon as a stupid person who's made some mistakes? My license doesn't mean anything to me, I'd gladly hand it over for the rest of my life if I could as a punishment, hundreds of hours of community service, probation, house arrest, anything like that and I'd be grateful. I just do not want to leave my precious daughter. My wife doesn't work, I'm in school, and just sold a small vending business so we're living off the money I have in our bank account until I can finish my schooling.

Once again I apologize for the long message. Thank you for listening to me and God bless.

Ryan

[acreature]

In NC, it would be a Felony.... your car would be seized and sold at auction, with the proceeds going to the local School System. You would get active time, up to 1 yr in jail.

[retdetsgt]

There's a pretty good chance you will have to do some jail time. Seeing the light afterwards is a bit late.... Where you live has a lot to do with how much. Talk to your lawyer, he should be able to tell you what consequences you face.

[RyanL]

Thank you for your reply acreature. I don't believe I'm being charged with a felony, if I'm not mistaken Felony DUI here in SC happens when you wreck into someone and cause personal injury. There's a man I met in AA last night that was convicted of his 7TH! DUI six years ago and was sentenced to 30 days in jail to be served on weekends.

[acreature]

Thank you for your reply acreature. I don't believe I'm being charged with a felony, if I'm not mistaken Felony DUI here in SC happens when you wreck into someone and cause personal injury. There's a man I met in AA last night that was convicted of his 7TH! DUI six years ago and was sentenced to 30 days in jail to be served on weekends.

Count your blessings then. ;)

SC needs to move up in the times.

[RyanL]

retdetsgt, thank you. My laywer tells me he's going "judge shopping" and will get me probation or house arrest. But I assume a laywer will tell you what you want to hear.

I've done some research, and from the little that I know, I believe it comes down to the Judges discretion. My second cousin was charged with felony DUI, personal injury, DUI 3rd, DUS 3rd, leaving the scene, no insurance, hit and run, and was sentenced to 60 days, suspended to 60 days house arrest. The felony DUI was dropped to DUI 3rd by the Judge.

[acreature]

retdetsgt, thank you. My laywer tells me he's going "judge shopping" and will get me probation or house arrest. But I assume a laywer will tell you what you want to hear.

I've done some research, and from the little that I know, I believe it comes down to the Judges discretion. My second cousin was charged with felony DUI, personal injury, DUI 3rd, DUS 3rd, leaving the scene, no insurance, hit and run, and was sentenced to 60 days, suspended to 60 days house arrest. The felony DUI was dropped to DUI 3rd by the Judge.

He should've pulled prison time, IMHO

[RyanL]

Count your blessings then. ;)

SC needs to move up in the times.

I'm glad I was caught, it's going to make me a better human being.

[acreature]

I'm glad I was caught, it's going to make me a better human being.

As long as no one was hurt, and you learned from it.

[RyanL]

He should've pulled prison time, IMHO

There was rumors that the Judge was under investigation, so there may have been more to it. I can't say for sure, It's just a rumor I heard somewhere along the way in passing conversation.

[RyanL]

As long as no one was hurt, and you learned from it.

Well said, I've prayed to God for that blessing. The hurt I feel for my family now is horrible, I couldn't imagine being the cause of someone else losing a family member because of my ignorant behavior.

[Star]

You better be glad I didn't come in here and rip you a new one, Ryan!!! I don't usually use the word hate but I come close to it when I encounter a drunk driver who has no regard the general public. But since you finally have a change of heart and are thinking about that beautiful family you have, I'll leave you alone and wish you the very best.

I know in Florida, you'd be charged with a felony and do some good time. Not to mention, hefty fines, community service, drug and alcohol rehab and no drivers license. Not even a work permit. Plus, when you are finally able to drive here again, you must pay big bucks for an SR-22 attachment to your insurance and have a breathalyzer in your car.

Keep your thoughts on that lovely family of yours. Be a good husband and father. You have a lot of making up to do. Good luck to you.

[RyanL]

Star, I wouldn't blame you if you had of cursed me out, I'm deserving of that and more. As far as I can gather, the minimum jail time for DUI 3rd in South Carolina is 60 days to a max of 120 days, which according to this site I was looking at says community service, and or home imprisonment may serve in lieu of jail. If I have a chance to speak to the Judge I'm going to tell him I will gladly give him my license for the rest of my life. I'll honestly do anything I can, or anything they will allow me to do instead of going to jail, for even 10 days. I don't want to be that type of father to my baby. If I have to go there, I don't think I'll be able to let my daughter come to see me. I'm scared, but I can only blame myself. Thanks for your comments Star, God bless.

[coucousis]

Well Ryan...
I can't speak from a US side of course.... since I'm a Canadian LEO.... I can only tell you that down here DUI seems to be taken very seriously... so the only thing I can tell you..

I'm SOOOOOOOOOOOO (I could put three lines long of OOOOOOO) happy that you finally hit the bottom and realized that you are ruining your life... and everyone else lives that chose YOU to be around ...

Do me a favor... We all know that alcholism is a sickness ... so please stay away from booze!!!! It won't bring you anything good ... but on contrary a lot bad!!!
So now that you know .. stay away from it!!!

Despite your wishes.... I'm of the opinion that a man as to face his destiny and if yours is to spend sometime in jail!!!! Well not much to do about it....
One thing is sure ... 120 days in jail is nothing if a children gets a sober father back in exchange....

Just face the consequence of your acts... and then go on with a new life...
Your child wont remember the jail time if it is followed by a new born sober father !!!!

My 02c..

Good luck Ryan!!!

[Retired Trooper]

In SC your second offense is moved up to circuit court instead of municpal court.

What part of SC you from ?