DUI Life: A Year Ago
Ran into somebody the other day. Recognized him immediately, but wasn’t sure from where. Started talking, trying to figure it out. Then it came…
“Fuck that DUI class, man. That was some bullshit”.
Ah yes. That’s where he’s from.
We caught up. He was one of the people I liked hearing from in the group session of class. Funny guy, honest. Hadn’t seen him in quite some time.
Made me think back.
A year ago, I was going every Wednesday to a three hour class, learning, and re-learning that what I had done was wrong. Learning that what others had done were wrong. Being lead in discussions around inane topics like “Why do you think people drink?”
A year ago I was going to an AA meeting every week, hearing people tell horrific stories of hitting the absolute rock bottom, then having to share “I had like three beers too many one night” and getting looks from everyone else.
A year ago, I would get into my car, turn the ignition and wait 45 seconds for my interlock to turn on, and blow into it, and blow every 15 minutes to make sure that I hadn’t had any alcohol.
A year ago, I would have never had another person in my car.
A year ago, I would have to argue with a seedy car accessories owner to get two months on my interlock instead of one.
A year ago, I was getting constant reminders - from class, from my car, from the DMV, from my insurance, from tv commercials, that I had done something wrong.
A year ago I had to go into another separate class to tell me that yes, I had done something wrong.
While it wasn’t the most pleasant flashback, it made me realize how much this whole experience has changed me. More importantly, it’s nice how much I don’t have to think about my DUI every day, every car ride, every long meeting.
Today I drive my car freely, and easily.
Today I have passengers.
Today I am not required to be anywhere, at any time for the state.
Today I am half done with my probation.
Today I still feel bad about what I have done.
Today I realize that it doesn’t define me as a person.
Today I still drink, but when I do, I take an uber.
Today if I end up drinking while out, I use my breathalyzer to make sure I’m good to drive before I do.
Today I don’t drink as much as I once did.
Today I’m paying crazy high insurance.
Today I’m closer to having this behind me.
The process of satisfying the court seemed like it would never end. That every time I would have to calibrate my interlock another month seemed like it would be forever. Every class made it seem like time was standing still. It felt like I would be punished forever.
I’m glad that I can be here to say that you won’t be. You’re punished, and you do what you need to, and little-by-little, you get to think about it less. You feel the pain less and less every day.
You move on, and eventually life returns to normal.
When you’re in the middle of it, it’s hard to imagine. The further you go along, the quicker it seems to go.
I know I started this blog with advice a lawyer told me, “It all goes away”. It’s hard to believe in the moment, but I can tell you:
It all goes away.
Honestly.
Seriously.
It all goes away.
Protip: Check and Double Check
Today was an interesting day.
Went down to the courthouse to pay my fine. My deadline is coming up and I wanted to get it out of the way. Most of my time was spent arguing how to do it - should I drive there and park or should I take the train and not worry about parking? How long is this going to take?
Most of that wasn't the issue (I walked right up to one of the clerks)
However - I came to find that not all of my paperwork had been filed. The clerk informed me that neither my DMV certificate nor my MADD certificate had been filed. I was shocked! I had taken care of these things more than 9 months ago!
I called my lawyer's office - my lawyer was no longer part of the firm. I explained to them what was going on and within ten minutes they had everything sorted out and a person to go down to the courthouse tomorrow or Monday to file everything.
A few lessons learned:
- Don't wait - The longer you wait, the more chances that something will change, something will go wrong, some mistake will be made. The sooner you take care of stuff, the sooner you're not worrying about it, and the more time you have to correct things if they go wrong.
- Check and Double Check - Last Spring I biked over to my lawyer's office (I was on full suspension) and turned in my documents. I assumed that he would turn them in to the court in the next few days or so. No real worry. But he hadn't. Either he was waiting for me to drop off the check to pay my fine, or left the firm shortly thereafter (No idea when he left). But my documents had not been filed. It was a mistake to assume that they were.
This is a tough process, I know. And it's no fun, and it's a lot of hassle. But being early, and thorough will save you a lot of headache. If I had gone in at the last moment, I could've had a longer probation, more fines, or worse.
Get it done early, and double check.
Paying the Price: The Fine (and alternatives to paying the fine)
The minimum fine for a DUI in Los Angeles County is $390. Most likely if you plead out, and/or had no priors, this should be about what you were given in your sentencing.
So, naturally, when you get your documentation you receive a “Compliance of Fine Payment/Cashier Slip” detailing your fine and the various “court costs” associated with your case.
With court costs your $390 fine comes out to be around $2000.
Huh? How’d that happen?
When you think “court costs” you think that you’re being charged for the administrative system, much like the costs associated with getting your driver’s license or getting a permit to do construction. This is not the case.
Instead, the court costs are little fees that they tack on to every conviction to use it as a source of income. Some of this does go to cover Judge’s salaries and the infrastructure of the building, but most of it is used to make up budget shortfalls caused by the public electing to lower taxes (or voting in officials who lower taxes). Lower taxes, higher fines.
The biggest part of the fine is the “Penalty Assessment”. This is assessed on all criminal fines, not just DUI fines. Get a speeding ticket - it’ll be on there.
Originally in the 1950s the rate of the Penalty Assessment was $1 for ever $20 of your fine. Mine was a little over $30 for every $10 of my penalty.
Additionally, there’s a “Penalty Assessment DNA” which funds DNA identification programs supposedly. Mine was around 1/3rd of my original penalty.
Believe me, how these rates are determined and what the money goes to is incredibly hard to research. For any rate I find online I do the math on my penalties and they don’t quite add up. Some are more, some are less. There’s not much you can do about this, but it would be nice to have some transparency during this part of the process. Alas, that’s not what they want.
The math of the form is difficult to add up - some numbers are listed, giving you a balance for them, but are supposedly included in the base fine - but that doesn’t mean they’re additional listings. If the fine that you agreed to from the court was $390, they’ll list the base fine as $320. Then you have items RESTDUI ($20 - no idea why it’s separate or what it’s for) and LABSVCS ($50 - believe this to be them charging you to use the station breathalyzer) claiming to be part of the base fine, but listed separately. It’s all designed to confuse you.
Trying to research this piece, I hit a lot of dead ends, and can’t find answers. I was charged $75 for PBHEALTH which states that it has a maximum of $100. What determines why mine was $75?
I asked my lawyer about it. He told me not to worry too much about it. He’d looked it over and it was in line with what the others looked like.
I guess you can worry too much about this sort of thing. Fighting any part of it would be an extreme uphill battle.
Alternate Options (and why they’re no good)
On your sentencing form you’ll see a part that says that you will pay a fine or “in default thereof serve ___ additional days in County jail, consecutive, or perform ___ days of community labor”. Some people’s brain starts turning when they see this - with jails and prisons overcrowding you can often serve at 3:1 ratios (meaning you get credit for 3 days when you serve only 1), and sometimes even get 4:1.
Might it be worth it to give up a weekend or two to save a couple of grand? It seems kind of tempting.
Unfortunately, like most of the bright ideas you come up with to get out of things, it doesn’t work like that.
Serving jail time or doing community labor (which has it’s own difficulties, overcrowding means that you can’t serve that day instead of getting more credit for less) only counts against the base penalty of your fine. The court costs will still be there. In that case, a day in jail only counts for about $35.
Not worth it.
Additionally, some people try to get house arrest to either pay the fine, or count as their probation (more on that later), which isn’t ideal either - then you have to serve out the full time, no ratios. So 15 days means 15 days (plus the fees for the monitoring bracelet add on, so it’s just a losing proposition).
How to Pay
For once, something in this whole process is simple. If you head down to the clerk’s office, you can pay with cash or a money order, which I expected, but, they’ll even take a personal check and some will even take a credit card.
If you have a check or money order, you can either give it to your lawyer or mail it to the county clerk’s office. If you want to pay cash or with a credit card, you have to go down there. Some places allow you to do this online, but, sadly, Los Angeles is not yet one of them. As with any civil service, expect to wait in line for a while to do a three minute procedure. Be sure to have your documents with you, as they need a lot of information to process your payment.
Payment can be done in a lump sum, or installments if you don’t have the resources. As long as the court is getting something, they’re willing to work with you.
It stings. It certainly does. But, once you’ve paid, you’re closer to getting this behind you.