"Monthiversary"

Fran1985

butterscotchjbeans said:

Fran1985 said:

Yup. That's arrested, not convicted. To get convicted, the prosecution (which is why I said, the prosecutor) needs to prove you were driving, not just in control of the car. To be arrested is a much lower standard than being convicted. If your DH is on probation, he was sentenced to probation, which means he was found (or pled) guilty to DRIVING (not sleeping) under the influence. 

Not on a which hunt- I really am never going to bring your stuff up unless you bring it up first I promise. But listening to you say how its not fair that your sleeping dh got a DUI is going to get a response from me.

Oh, and I am an actual lawyer. I've done criminal cases. So I know "a little bit about the law." 

Yep, in Narnia, things can be a tad different. However, I live in TX. I am not a lawyer but I am a paralegal, and if you are arrested, and there is a blood sample with that, with proof of intoxication, there is no way that case was going to fly. So yes, 1.5 year of probation & he said deal. He was going to get convicted and there was possible jail time. He wasn't going to risk it. 

He wasn't going to get convicted if they couldn't prove he was driving. Its just as important as the proof of intoxication- they have to be driving in a public space (not a private driveway). You'd only pled guilty to a dwi if you were driving. Honestly I can tell you are getting defensive about this but I'm not trying to get you riled up- its just not true that you get convicted of a dwi if you are sleeping in the car. 

If he drove a few blocks like I think you said, then that's why he got convicted- he admitted he had driven drunk.  Maybe he did have the change of heart and decide to stop driving - but he got convicted cuz he drove drunk for that distance, not for sleeping. You cant be convicted if you are drunk in your car in your driveway, even if you have the key. 

sophhabobopha

My goodness.