Can I Go to Jail for First DWI Offense?

Question by CircaBlog: Can I go to jail for first DWI offense?
Can I go to jail for first DWI offense? Never had a blemish on my record. My story is different than most. At 11:45pm of the night in question, I had a (1) cocktail. After that it was just Dr. Peppers/sodas for the rest of the night because I don’t drink and drive. I was pulled over for a license plate light out more than 4 hours later, I had had coffee with a friend, then dinner at a late night restaurant. During the stop, I was given the field sobriety test and asked to blow, which I refused (being a Constitutionalist – I value our 4th and 5th Amendment rights as should every American.) The police stop happened over 4 hours after my 1 cocktail, so I’m certain I would have blown under.
However, during the stop, it was obvious that I am sick. I have Cancer which requires 4 chemotherapy treatments a day. I feel I did exceptional on the field test, given the fact that I have a severe bone condition (my bones snap like twigs and don’t heal completely). I cannot stand on one leg for any length of time. I told the officer this and that a few hours earlier, I had done my chemo treatment. Either he thought I was lying abourt Cancer or didn’t seem to care that my disability prevents me from standing on one leg for 30 seconds. I even had my Oncologist information with me, which I showed him.
Regardless, I refused to blow and was taken to the detention center. The chemo clearly has side effects, like nausea, but in no way inhibits my ability to drive.
I’ve been told by several attorneys in my free consultations that although unlikely, I could spend time in jail. Guess I just don’t understand how a cancer treatment will cost me for the rest of my life. Goodness knows my life is already hanging in the balance and the thought of spending time in jail for doing the very treatment that keeps me alive is beyond me. If I’m in jail and don’t get my treatments, I die. Not to mention that now I have been branded a “criminal” and “alcoholic” – I’ve even had some people (Puritans, I suppose) basically tell me – “cancer or no cancer, you deserve what’s coming to you” or “even after 4 hours, you should never do that.” How long was I supposed to wait after 1 cocktail to drive the 3 miles back to my home……8 hours? Get a motel room? (by the way, there are no taxis here).. Can someone please give me some reassurances that this is not going to ruin my life? That I will not end up in jail for 2 weeks or more? I’ve even heard horror stories that if that happens, the facilities/guards, DO NOT have to give me my medications. Obviously chemo is not my favorite thing in the world, nor is the pain, but it does keep me alive.
I appreciate any advice anyone can provide.

Best answer:

Answer by El Scott
You can go to jail on your first offense DWI. Your punishment will be up to the judge to decide, no one in here will be able to predict the future. Having said that, you probably won’t go to jail and even if you do it probably won’t be for very long. In my state (NC) a first offense usually gets you community service (with an option of doing jail time if you don’t want to do community service). It will be up to the judge and the laws of your state.

If you had one cocktail four hours prior to being pulled over you should have blown. You would have registered a 0.00. Unless you had more then a normal cocktail. You are not facing criminal charges because of your illness. You are facing them because you were stopped, the Officer suspected you were impaired, and when given the chance to clear yourself with a simple breath test you refused. You can be a “Constitutionalist” all day long and twice on Sunday. However, the 4th and 5th Amendments really don’t have much to do with a breath test request (the Bill of Rights is not their to aide us in breaking the law). The 4th protects us from Unreasonable searches, here we are given the option to refuse the request (which you took) but we can still face arrest based on probable cause of a violation of the law. Heck, in my State we can go get a search warrant and draw your blood if you refuse a breath test. Chemical Analysis for DWI charges is based on Implied Consent which basically means that when you received your drivers license you agreed to give a breath sample when an Officer has reason to request one. I could talk the Constitution all night long but I doubt you care to hear what I will tell you.

Unless you drank more then you’re saying (and probably even if you did) you should have taken the breath test.

This should not ruin your life but will depend on your response to it. People need to be proactive.

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