Got a DWI?... Welcome to the system known as AVALANCHING.

Now I know the laws vary from to state to state... but let me explain what the system known as avalanching is all about.

I do realize that drinking and driving is a serious problem that should be addressed... but their is a difference between a person that blows a .09 and person that blows a .28, and I think this should be taken into consideration when handing out the consequences for violating this law.

I for one am glad I got a DWI, because it has lead me to discover how badly it can destroy one's life if you do injure somebody... and it's also shown me how the law will kick your @ss if you get a second one.

However I've met people that really didn't pose a threat to driving on our streets, and unfortunately had to go through a world of hurt because they drove half mile down to road from their nearby bar and had very little to drink to begin with.

Once you get a DWI... here is what you are looking at (in Texas)

Lawyer Fees: (optional)
Court Fees: (vary)
Car Impounded in most cases: $165
DWI education (meeting): $100
possible Drug and Alcohol Program: $100 a week for atleast 3 months
Community Service: usually 48-72 hours ($50 registration fee)
Probation: 24 months at $62 each month
Surcharge fees: $3000 dollars ($1,000 for 3 years)
A occupational driver's license: around $500+
MADD meeting: $25

Doesn't sound so bad? Well, I can assure you that many people are unable to complete the simple 2 years of probation alone,... maybe they fail a drug test, or miss a meeting, or get involved in another incident that violates those terms.

Or... maybe the people miss a payment on their license surcharge fees... or drive outside of the hours allowed on the terms of their occupational license. (that's a violation of probation).

it's called avalanching.

the system takes a crime like a regular DWI... they pile so much stuff for a person to do, that eventually an avalanche will happen one way or another... in other words, if you don't complete all the tasks weather or not you can afford them or find the hours... You are in violation of those terms and agreements, thus creating an entire new set of consequences you must complete that are that much harder to accomplish and afford.

2 years probation turns into 4, 72 hours community service turns into 200, $3000 surcharge fees are now at $4,000... and suddenly you find yourself loosing your precious time and money. (some people finally just go to jail for a few weeks because it's so overwhelming)

Yea maybe the majority of people that get a DWI are able to get out of the system without another incident... but they know a large portion of people can't complete this punishment, and the final result is an avalanche of crap piled up on this individual... keeping them trapped in the system.

Luckily I survived... and I learned my lesson.

But there were many times I had to take the risk of driving with a suspended license... thank God I wasn't pulled over.

The Drug and Alcohol outpatient program that I personally was required to attend ($100 a week) is also very hard to complete... Basically it's up to the counselor if they feel like you are ready to graduate, and if you don't complete the program (which also requires you to attend AA meetings)... you are in violation of probation.

I barely got through it, but luckily I had a nice counselor that graduated me (regardless of not completing their work)

Anyway, I know many of you ATSers are responsible individuals... but I just want to warn you about how easy it is to get trapped in this system... and it was one DWI that almost kept me inside the system for many years.

(I know people that encountered the avalanche)

I think the easiest route would be simply not to drink and drive, no? Surely a cab ride is cheaper than a DWI?

Heck, you can get a cheap breathalyzer to stick on your keychain now. I really don't see much of an excuse for getting a DWI in the first place, much less a second one. Unfortunately, no sympathy from me and I'm guessing most people on here.

As far as the system is concerned, it is what is it I guess...perhaps it needs to be changed a bit, but with the amount of deaths every year due to drunk driving I'm not sure how. I live in Arizona who loves to play commercials about how tough the DUI laws are here. I think your best bet is to just not do it. Mistakes happen, okay, but getting caught a 2nd time is just stupid. I can understand having issues paying all the fees, but at the same time, its no ones fault but yours for being in that situation.

I can see if it were more a victimless crime, which it can be sometimes if you're lucky and what not, but thousands of people die every year to drunk drivers.

*edit* I is gut speelar

[edit on 18-3-2010 by Pimpish]

Its called criminalizing. You take a harmless, non-violent pot smoker or grower, throw them in prison and they come out with a felony, no job prospects and a whole lot of no good friends.

reply to post by Pimpish



I guess in the instance of a girl I knew that drank only two crown and cokes at a local bar... realized that those two drinks would later cost her $5,000 each. (and countless hours of time running across town)... it doesn't seem fair.

Or the man I knew that blew a .05 but the police officers still charged him with a DWI.

There are people that drink & drive responsibly... but I guess it's best not to even acknowledge the legal limit, because it means nothing.

Originally posted by Pimpish

Unfortunately, no sympathy from me and I'm guessing most people on here.

[edit on 18-3-2010 by Pimpish]

and again... not looking for sympathy.

I'm just warning others how easy it is to get trapped in the system...

Reply to post by Doomsday 2029

There are people that drink & drive responsibly...

Something about that line makes my skin crawl.

I guess there are people who blindly fire guns into the air responsibly too?


Posted Via ATS Mobile: m.abovetopsecret.com

Many years ago (14)I got a DWI and at the end of the year I was denied because they said my AA slips were forged. Well being that AA is ANONOMUS you have no defense.I took it to court and they threw it out because the had no proof it was forged. But extra time and money because somebody wanted to make the state more money

reply to post by thisguyrighthere



If it makes your skin crawl... then there should be no legal limit.

I know people that have gotten DWI's even though they blew under the legal limit (.08)

It's really the officer's choice.


You might be able to beat in court after spending a few thousand dollars for a lawyer... but even then there are no guarantees.

Besides, you can get a DUI for driving on prescribed medicine.

reply to post by Doomsday 2029


Again, that sucks for you friends, but it is no ones fault but their own. I'm not a prude, I enjoy the occasional drink and I used to drink quite a bit when I was a little younger. I never got a DUI and I never will, because why drive after you have been drinking? Were you out at a mall or something and then walked by a bar and just spontaneously started drinking? How hard is it to designate a driver? How hard is it to call a cab? It takes only a few minutes of planning and you can avoid drinking and driving, its not hard, just do not do it.

Sure, they only got a DWI this time and perhaps, as it was with you, that is enough to change their behavior and I hope it is, like it was with you. However, what if they didn't get pulled over by the cops? Who's to say they would not have killed someone else or themself on that particular trip drinking and driving? Who's to say if they hadn't have gotten caught they would have kept doing it and eventually killed someone or themself?

It seems harmles enough because no one got hurt in those situations, but that is not the case many times, thousands of people are killed each and every year due to drink drivers.

reply to post by Pimpish



Why punish the person that blew a .05 the same way you would punish a person that blew a .28?

You can debate how foolish it is for someone to take a few drinks and get behind the wheel... My only problem is that system will try to keep you trapped.

But I guess if you play for the NFL and make millions of dollars, you can avoid jail time when you kill somebody while drinking and driving, while the average man has to serve 15 years in prison.

(Leonard Little, Donte Stallworth)



And again... Not trying argue about drinking and driving... just trying to explain to you how a DWI can turn into an avalanche of problems.

Originally posted by Pimpish
I think the easiest route would be simply not to drink and drive, no? Surely a cab ride is cheaper than a DWI?

Heck, you can get a cheap breathalyzer to stick on your keychain now. I really don't see much of an excuse for getting a DWI in the first place, much less a second one. Unfortunately, no sympathy from me and I'm guessing most people on here.

Ah yes, you want people to make rational decisions while drunk.... The bad side of alcohol is that at the point you need to make a rational decision you end up not doing very good.

I can see if it were more a victimless crime, which it can be sometimes if you're lucky and what not, but thousands of people die every year to drunk drivers.

Actually if you read Superfreakenomics statistically wise it is more dangerous to walk drunk (8 times) than to drive even when you factor in those killed by drunk drivers. Either way the point is how hard do you want the system to come down on DWIs. I think as it is now many find themselves in a place they cannot get out of based on as the OP wrote that they fail at some point in the system designed to not only hit you hard with cost, but to also to hit you hard with time, and only those who have enough of both get out of it. So the guy who has the money, but his job doesn’t give him the time ends up spiraling down a different path as his job performance is affected, and those who can’t afford cost also get hit in many other directions too with all of them not helping the person one bit.



[edit on 18-3-2010 by Xtrozero]

reply to post by Doomsday 2029
My niece got a DUI after killing someone and because her father is a big shot lawyer got off.

It's who you know and who you blow.

Welcome to the "justice" system.

My niece wasn't drunk. She had two light beers in two hours. That isn't exactly "slamming them down".

But she did kill someone and got off with involuntary manslaughter.

No jail time
Fined and hugh lawyer bills (parents had to take out a second mortgage)
Car impounded
Couldn't drive for two years
Classes on Saturday
Sued for 1.5 million dollars by parents of dead girl
I'm not sure but I do think her insurance company dropped her and now she has to pay a lot of money to remain insured with this other company

Personally if I have even a little to drink I won't drive. I just don't want to tangle with police and the justice system.




[edit on 18-3-2010 by ofhumandescent]

Originally posted by mikellmikell
Many years ago (14)I got a DWI and at the end of the year I was denied because they said my AA slips were forged. Well being that AA is ANONOMUS you have no defense.I took it to court and they threw it out because the had no proof it was forged. But extra time and money because somebody wanted to make the state more money

Also... I do find it odd that anybody would be forced to go to AA.

AA is about GOD.

The state is trying to make you believe in a higher power is kind of ironic.
(Atheists should have a problem with this)

A drunk driver ran over my mother whenever I was 7 years old. She was walking home from the store(about 3 blocks from house) at about 6pm and a fella that had decided to have 3 drinks with dinner then drive home, hit her going about 50 mph. Well the way he hit her we were very forunate, cause she went down under the car rather than over the top and was saved by a ditch on the side the road. After having her hips reconstructed, steel rods implanted throughout legs and knees, reconstructive surgery on face chest and arms, and a litany of other procedures, my mother can now hobble around for a good 20 minutes before the pain gets to her and she has to sit down...

The guy who hit her luckily paid dearly and has only recently gotten out of prison... A shame though, cause now he gets to go on living in a manner that my mother will never againbe able to...

But of course that must be because he didn't drink and drive responsibly I'm sure

oops double post

2nd line

[edit on 18-3-2010 by MasterJedi]

reply to post by Xtrozero

Ah yes, you want people to make rational decisions while drunk.... The bad side of alcohol is that at the point you need to make a rational decision you end up not doing very good.

Well, if you can't handle it you should not be drinking and that is a decision that you can make while you are sober. If you drink and drive you deserve to get in trouble. Now, as far as the extent of the trouble, that one is harder. You want the penalties to be enough so the person hopefully does not do it again and if they do, then the trouble should go up exponentially.

The bottom line is a vehicle is dangerous just in and of itself and can kill people with sober people behind the wheel, we definitely do not need people drinking and driving.

As far as different punishments for blowing different levels, I dunno about that one. Alcohol does not work the same on every person. I have a friend who drinks 1 wine cooler, not exaggerating, and he gets ripped. I wouldn't let him drive even an hour after drinking a single wine cooler and I would be willing to bet he would blow well under the limit. I have other friends who can handle alcohol better and I'm sure be blowing high levels and still seem basically sober. How is the law supposed to judge that, it is nigh impossible.

Perhaps the punishments need to be adjusted, but surely the person needs to learn a harsh lesson. It seems to have worked for the OP.

reply to post by MasterJedi


I can't think of anything to say that could comfort you.

At least your poor mom wasn't killed and you still have her.

Your story proves that drinking and driving is stupid.

Just a little alcohol can really impair one's judgement and reflexes.

What then is the logic of having bars other than the neighborhood bar where you can walk to, drink and walk back home?

Having bars with parking lots? Sort of doesn't make sense.

I myself love a nip of wine at night before bed, but I just buy a bottle and drink it (about 4-6 oz glass) at home before bed time.

Could never get into the "bar scene".

[edit on 18-3-2010 by ofhumandescent]

Originally posted by MasterJedi

The guy who hit her luckily paid dearly and has only recently gotten out of prison... A shame though, cause now he gets to go on living in a manner that my mother will never againbe able to...

But of course that must be because he didn't drink and drive responsibly I'm sure

Sorry for your mother, but how would you feel about the guy if he hit your mother, but didn't have 3 drinks?

Originally posted by Xtrozero
Either way the point is how hard do you want the system to come down on DWIs. I think as it is now many find themselves in a place they cannot get out of based on as the OP wrote that they fail at some point in the system designed to not only hit you hard with cost, but to also to hit you hard with time, and only those who have enough of both get out of it. So the guy who has the money, but his job doesn’t give him the time ends up spiraling down a different path as his job performance is affected, and those who can’t afford cost also get hit in many other directions too with all of them not helping the person one bit.
[edit on 18-3-2010 by Xtrozero]

Yea... good post.

How hard do some of you guys want to drop the book on drunk drivers?

maybe one day we will see surcharge fees reach $10,000... or 10 years of probation for the first offense.

Or hell... maybe a DWI should get you a year in prison.


I know we've been warned and will continue to warn our children about drinking and driving... but there might come a time when your 18 year old son drives 2 miles away to a party, just down the street, has a few beers from keg, gets pulled over and blows a .11

Well, since your his father, you're now gonna be driving him to his job, paying for his fines, and hopefully you & him can get all this done so he doesn't violate his probation.

So, just because your 18 year old son made a bad choice about getting "buzzed" (not drunk)... and driving a short distance back home... You'll be stuck with financial hell, and hours of driving him around the city to perform all the daily tasks the judge throws at him.

Well, I'm another that won't give you any sympathy..

There are Millions of people using the Roads. Not all of them are Driving Cars. They can be walking, they can be a Passenger in a Vehicle, There are Kids, Everywhere.

When you Drink and Drive you are taking a risk that you will Kill an Innocent Victim. Don't give me this Crap about People who responsibly "Drink and Drive". As soon as you have ONE Drink you are affected. So with even one drink, your Reflexes are nowhere near the same as someone who hasn't had anything to Drink.

Because so many people use the Roads, It's a priviledge, not a Right to be able to hold a license to Drive.

Anyone who Drinks and Drives is a Bloody Idiot as far as I'm concerned and I don't care how hard they make it for a DWI to get their license back. For me, The Harder the better. You had your chance to be responsible and you Blew it, Literally. If it's so hard not to be able to complete the Rules Imposed on someone who cops a DWI, to get their license back then, maybe they don't deserve to get it back?

I guess you learned a lesson but most people don't. You would feel a whole lot worse if you had of caused a Fatality while you were Drinking and Driving..

Just to end this.
It cost you a lot of money for your mistake. I bet you wish you had taken the Cheaper option and called a Cab..