Underage DUI

[crystalheart1]

No one was hurt thank goodness.. but a good friend of mine''s daughter got a DUI. She is suppose to leave for college in a few weeks, and has a partial basketball scholarship. What are the chances of the school finding out ?

Any attorneys out there that can offer some advice ? Also wondering about court dates,,,etc when she is attending school out of state.

So sad kids still continue to do this when they have so much on the news about dui deaths..

 

[Haven]

I''m a high school teacher, and we had a student get a DUI the summer before he went to college on a football scholarship. His coach did find out about the DUI, I''m not sure how, and he lost the scholarship. No offense to your friend or her daughter, but I was glad to hear it.

I am so sick and tired of losing students because they or their friends make the bad decision to drive drunk. I wish this madness would just stop. Sorry, rant over.

I hope your friend''s daughter learns a good lesson from this and never drives drunk again.

 

[miraclesrule]

That is sad. I''m sorry for your friend and her daughter, but it''s better she learn the consequences and pay that price now, then have a future situation that results in injury or death.

People don''t understand that a vehicle can be a lethal machine. I know far too many people that still get behind the wheel when they shouldn''t. But I know a lot more of then that would never. Taking a taxi is something they are used too.

Although my uncle was killed in a taxi, hit by drunk driver.

 

[purrfectpear]

Let''s just put it this way. She''ll take it a LOT more seriously if the school DOES find out, and that''s not a bad thing IMO.

 

[fieryred33143]

Date: 8/4/2008 3:28:07 PM
Author: SanDiegoLady

Twice this summer as well, we have lost children to illegal drag racing. One at the beginning of the summer near our home (damn those straight aways (AND FAR TOO MUCH ENGINE POWER FOR TEEN BOYS) and the other happened at the end of my shift the other day.

Don’t get me started on drag racing

. My FI gets upset with me whenever I call the highway patrol if I see people racing but seriously it’s a danger to them and a danger to the innocent people abiding by the rules. We saw three cars at high speeds on the highway the other day so I called FLHP. When we were able to catch up, they had stopped one car…I’m sure the other 2 got away. And I feel that the stupid movie 2 Fast 2 Furious should have never been made

Crystal, I’m sorry your friend’s daughter is going through this and hopefully it’ll be a lesson to her. Perhaps she can attend some sort of DUI course that will prove to the coach that she is changing, but she has to be motivated to change. We''ve all made mistakes as children and thankfully this one didn''t cost her life. Hopefully she''ll wise up.

 

[strmrdr]

chances of the school finding out: if they check and many do they will find out but its not on record until after conviction.

court: she will have to show up and will lose her license.
Which is effective in both states.

She should join A.A.
It would do her good and it looks good to the judge.
Also the school might take it into consideration.
It could save her life.

 

[somethingshiny]

I don''t know if there are state mandated or school mandated laws along these lines, but my little sis is starting school on a volleyball scholarship and they''ve already looked into her twice. I believe they check 3-4 times a year on any student on their roster.

 

[sap483]

I really hope she learned her lesson, and am thankful that no one was hurt because it could have been so much worse. My senior year of high school, 4 of my friends were driving home from a concert when they were driven off the road by a drunk driver (in his teens) also leaving the same concert. 3 of the 4 died and the 4th is paralyzed. It makes me sick just thinking about it.

As for your question, I believe it''s the practice of most schools to check up on those students they are awarding athletic scholarships to. Even if the school doesn''t find out right away, she could still lose her scholarship in the future if and when the school does find out.

 

[Independent Gal]

Date: 8/4/2008 3:28:07 PM
Author: SanDiegoLady

At which point do children STOP thinking they are invincible or that it just won''t happen to them? Its heartbreaking. I can provide an entire area of vehicles in this kind of accident. Its HIDEOUS.

You know, SDL, I think plenty of "children" never learn this. I know of WAY too many adults who still think it''s no big deal to drive after they''ve had a few, or a LOT. In fact, even while I was visiting my mom they had a guest who after dinner, suggested driving out with me to pick up a special desert. Uhm, he''d had practically an entire bottle of wine!!! so first I made a joke about protecting my twins. And then when he laughed that off I said. ''Seriously, I don''t think you''re in a condition to drive'' it caused a big ruckus.

And this is the rule not the exception among plenty of people I know. And it''s not even just that people are selfish, that they don''t think about the others'' they might hurt. This guest, for instance, was an important PUBLIC figure whose career and reputation would have been RUINED and his family''s name blackened if his name made a big splash in the local papers as caught with a DUI. Even his own self-interest doesn''t stop him.

I have to say, it should be publicized to young athletes and high school students that DUI can result in losing a scholarship. I feel really badly for Crystal''s friend''s daughter because one stupid mistake will change the course of her life.

But the thing is, with DUI, one stupid mistake can TAKE hers or others'' lives. That''s the thing with DUI. Kids need to be made to understand that. It only takes one stupid mistake. Just one.

Maybe then they won''t grow up to be big dumb drunk driving babies like this guest at my parents'' house (and at least a dozen other "adults" I know).

It''s tragic in the literal sense that she''ll have to suffer for the mistake, but it was a serious mistake and needs to be taken seriously so that our cultures at last will take this problem SERIOUSLY.

 

[swimmer]

Depending on how old she is, there can be serious long term repercussions. I wasn''t able to hire an otherwise qualified high school athletic assistant coach recently because he had a DUI when he was 18 and it came up on his CORI. My district vetoed the application even though he is probably 40 now. All student teachers get background checks to go into the public schools, all camp counselors at accredited camps, all YMCA instructors and aides as well. I hope for her sake that this mistake does not go on her record to the extent that it could keep her from working with kids forever (at least in MA).

 

[rockzilla]

The only chance I think they wouldn't be able to find out is if she was under 18 when it happened. Even then, she could be tried as an adult, in which case it would show up.

Without the scholarship she will likely either have to take out a lot more loans, or have her parents foot the bill. Though, if she is not on the team, she should be able to have a part time job to at least contribute somewhat. Perhaps they could work out an arrangement with the school(e.g. if she has no problems and goes to AA for a year, they will let her try out for the team sophomore year) Playing on a college team is a serious privilege, and comes with a lot of responsibility. If she abused the privilege of driving, why should they allow her the privilege of playing on the team and having a scholarship? Let that $$ go to another worthy student with a clean slate.

 

[princesss]

Honestly, I''m with Indy. Yeah, it stinks that one stupid mistake will change her life, but maybe it''ll stop her before she takes somebody else''s.

I am often the only person at parties not drinking, and it''s because I know I have stupid friends. I would rather spend half my night in the car, driving them to someplace safe than drink and know they are finding a ride with somebody who''s had a few. A lot of people never grow up and see that their actions affect others.

I hope your friend''s daughter learned her lesson, and that she does see what could have happened, and how very lucky she was.

 

[strmrdr]

Date: 8/4/2008 7:01:20 PM
Author: rockzilla
The only chance I think they wouldn''t be able to find out is if she was under 18 when it happened.

In IL that''s not the case.

http://www.isp.state.il.us/traffic/drnkdriving.cfm

 

[strmrdr]

what state was it in?
I will try and find that states law for you.

 

[swingirl]

They will need an attorney to answer those questions and the circumstances are always taken into consideration.

I am just as concerned about adults doing this too. The kids usually learn the behavior from adults. I have been amazed at how many of my kid's friends parents have turned out to be drinkers. Wine during the day, spiked punch at soccer games, wine with dinner EVERY night, beer whenever there is a game on TV and beer and wine at picnics, etc. Kids learn from the adults that drinking is part of social events and feeling good. And how many parents take cabs home? Very few. Teens lack common sense and driving skills so they have 2 more strikes against them.

I hope it turns out alright her the girl and her family.

 

[moremoremore]

I hate hate hate to give advice but the girl hopefull learned her lesson...looking to the future...MUST get an atty to PLEAD IT DOWN so that it won't be on her record and that she doesn't have to answer that she's been convicted of a crime for the next bunch of years....She will have to appear in court since it's crimminal. She's not going to be tried..the court's don't have time for that nonsense...

 

[crystalheart1]

Thanks for all your responses... I heard the girl has been in tears since Saturday night, basically she is a good kid who has never gotten into trouble. I think was the last celebration before heading to school.

Storm the state is PA.. and it can not be pleaded down too much - I think - because she was also 19 not 21 .
So that is another strike against her.. illegal drinking to begin with.

 

[meresal]

Date: 8/4/2008 8:27:11 PM
Author: moremoremore
I hate hate hate to give advice but the girl hopefull learned her lesson...looking to the future...MUST get an atty to PLEAD IT DOWN so that it won''t be on her record and that she doesn''t have to answer that she''s been convicted of a crime for the next bunch of years....She will have to appear in court since it''s crimminal. She''s not going to be tried..the court''s don''t have time for that nonsense...

I completely agree with this. Being an ex-college student that has unfortunately seen and been very close to this situation. (The greek community is very close to alcohol related events

) She HAS to get a lawyer. Find a great lawyer that deals specifically with DUI/DWI cases, then there''s a chance they can even push the case years until the final court date, IF she even has to go to court (I know people that have settled out of court in Texas to Reckless Drving, Count II). Lots of these lawyers in the area know the judges and even alot of the arresting/ticketing officers. If they have a good relationship with the officer, there is a chance that they will be more forgiving with punishments, is any. The lawyer WILL save you money in the end. I''ve seen people that have paid fines up to $12,000 (fines, license renewal, court fees, DUI fees, insurance increase, etc) for DWI, whereas a person with a lawyer will spend the absolute state minimum, totalling more around $3000, and if she can get it dropped, it will save her insurance.

I was a college athlete from a small college town... coaches only found out about things if they were talked about on webpages (myspace, facebook, etc.) or were discussed openly with other athletes and those other coaches got wind and alerted the other coach. As long as she doesn''t brag about it around school, her coach should not find out.

 

[meresal]

Date: 8/5/2008 7:30:24 AM
Author: crystalheart1
Thanks for all your responses... I heard the girl has been in tears since Saturday night, basically she is a good kid who has never gotten into trouble. I think was the last celebration before heading to school.

Storm the state is PA.. and it can not be pleaded down too much - I think - because she was also 19 not 21 .
So that is another strike against her.. illegal drinking to begin with.

I live in TX which has a VERY strict DUI/DWI policy... and the underage thing only means something if the court says it does. Every judge and arresting officer is different. This is why it is VERY important to get a lawyer that has great raport with the county. They will get you the leniancy that you just can''t get on your own.

 

[hairgirl95]

I wonder if she could possibly get it reduced to minor in consumption/possession and reckless driving. Her insurance will go through the roof either way. She may have a shot at lesser charges since you say she has been a trouble free kid. There were a couple of guys I went to HS with that were pulled over and charged with DUI when we were seniors in HS. One got a great lawyer, the other had a public defender type lawyer. They BOTH were able to get out of the DUI charge since they had been clean nosed kids up to that point. Both did have MIP/MIC and reckless driving charges after the plea agreement. The deal for both of them though was they had to attend AA, do community service, pay a fine, and remain trouble-free until age 21 or they could bring up the DUI charge and nullify the plea agreement. Fortunately both kids did stay out of trouble.

One other option is getting a diversion for the DUI. I don''t know how all the rules apply to that, and she will still lose her license for a year, but it may help her out school-wise.

Just a few thoughts for ya. I feel bad for her, but yet I hope she learned a really good lesson from this. I know I personally can''t chastise her for this because I was 19 once and did some really dumb things too. I was lucky that I never got into an accident or got caught by the law. She sounds like a great kid who made a dumb choice and I bet she will never make this mistake again. Good luck!!

 

[jewelerman]

I think it will also depend on the school and their student code...i bet that this will affect the scholarship if found out...that sure in an expensive life lesson...its harsh...but it should be...the only thing that some people care about is what THEY will loose if they drink and drive...I agree with others that suggest that your friend may have other problems that are being medicated by drinking...shes lucky she is alive and has another chance to change.

 

[Irishgrrrl]

CrystalHeart~

I'm a paralegal for a small law firm in a small town in PA. We do handle some criminal defense, including DUI and underage drinking. Of course, I'm not an attorney, so I can't give you any legal advice, and I would strongly recommend that this girl retain an attorney like YESTERDAY!

Having said all that, I can tell you what I've seen in the past. It seems that she's actually charged with two things: underage drinking and DUI. Since this is a first offense, her attorney might be able to get the charges reduced. A lot of this depends on the DA assigned to her case and the charging officer. If one (or both) of them is a total harda$$, she might run into some problems. Pennsylvania has something called the Alternative Dispute Resolution (ARD) Program, and many first-time offenders are entered into that program. (At least, this program exists in Franklin County, where I'm located. I'm assuming it's a state-wide thing.) Basically, the offender is on probation for a year, and as long as they keep their nose clean and don't have any more legal problems in that year, their charges will be dismissed and their record will be expunged when the year is up.

As far as whether or not her college will find out, I really couldn't tell ya. Good luck to her, and I sincerely hope she's learned something here.

ETA: Oh, and about the court dates . . . she will probably have to appear for court, regardless of where she's living at the time of the hearing. Sometimes, hearings can be scheduled to coincide with her trips home, but this isn't always the case. She CANNOT simply fail to appear for a court date, because the court will then issue a bench warrant for her arrest, which is not a good thing.

 

[KCCutie]

Not that I condone her actions but here''s what the law is:

Violation of Zero Tolerance Law: If you are arrested for DUI, the police will ask you to take a breath, blood, or urine test. If your BAC is 0.02% or higher, and you are convicted of DUI, you can expect:


* Up to one-year driver''s license suspension

* Drug and alcohol evaluation

* Fines (up to $500 for a first offense), court costs and restitution

* To complete a state-approved Alcohol Highway Safety Program, if ordered by the court
If you''re 18-20, you may be ordered to Accelerated Rehabilitative Disposition Program if you qualify. If you don''t qualify, you will be sentenced to 48 hours in jail.

In some states they have what is called diversion where you''re basically on a very strict probation for a year and if you complete everything they ask of you (usually paying fees, random drug tests, alcohol education etc) they erase the DUI form your record. This can be expensive and you can only do it once but she should at least call a lawyer and see what her options are. I hope she has learned a very important lesson but I''d hate to see this one mistake ruin her life.

 

[Irishgrrrl]

Date: 8/5/2008 4:03:30 PM
Author: KCCutie
Not that I condone her actions but here''s what the law is:

Violation of Zero Tolerance Law: If you are arrested for DUI, the police will ask you to take a breath, blood, or urine test. If your BAC is 0.02% or higher, and you are convicted of DUI, you can expect:


* Up to one-year driver''s license suspension

* Drug and alcohol evaluation

* Fines (up to $500 for a first offense), court costs and restitution

* To complete a state-approved Alcohol Highway Safety Program, if ordered by the court
If you''re 18-20, you may be ordered to Accelerated Rehabilitative Disposition Program if you qualify. If you don''t qualify, you will be sentenced to 48 hours in jail.

In some states they have what is called diversion where you''re basically on a very strict probation for a year and if you complete everything they ask of you (usually paying fees, random drug tests, alcohol education etc) they erase the DUI form your record. This can be expensive and you can only do it once but she should at least call a lawyer and see what her options are. I hope she has learned a very important lesson but I''d hate to see this one mistake ruin her life.

D''oh! This is what I was talking about in my post above . . . I think I said "Alternative Dispute Resolution" . . . can you tell my mind is in 25 different places today?!?! LOL!

 

[crystalheart1]

Irishgrrl Thanks, I spoke to her Mom today and a lawyer did mention the ARD program, and based on her
past record of NO RECORD and doing a lot of Community Volunteer Work in High School she is a good canidate

She also graduated as an honor student

The girl is very shaken by this, so it has made an impact

Jewlryman.. no offense but I know how awful Drunk Driving is. A family friend was killed due to a drunk driver
But I found your remark about the girl having hidden issues and medicating herself a bit unkind. No one else said that -as you stated. I know her and she is a great kid who made a really stupid thing.

A part of being human... you never made a mistake?