Got a DWI a few days ago should I still rush?

[DrPhil]

I am glad that your DWI story was not as bad as I assumed it was. However, along the lines of what g41965 said, I must ask whether you are 21. It's great that others are addressing the fraternity component but if you are drinking underage, that's the only thing that matters. This lower-end DWI is a Godsend if you are drinking underage.

[nathan55]

yea im under 21

[g41965]

Nathan:

I'm glad you talked to your parents, Greek Life is fine but your priority needs to be making community supervision/probation and your grades, let your pledge trainer know you wil not violate IE no drinking, no taking things on a scavenger hunt, also no going to bars. Be the DD your pledge brothers will thank you.Trust me a motion to revoke sucks, don't think supervision won't know? I had a client who got an MIP at Arizona State got a motion to revoke in CollinCounty (suburbs of Dallas) and did three days as a sanction after school was out.

Best,

Glenn Adams

[ree-Xi]

Originally Posted by g41965

Nathan:

I'm glad you talked to your parents, Greek Life is fine but your priority needs to be making community supervision/probation and your grades, let your pledge trainer know you wil not violate IE no drinking, no taking things on a scavenger hunt, also no going to bars. Be the DD your pledge brothers will thank you.Trust me a motion to revoke sucks, don't think supervision won't know? I had a client who got an MIP at Arizona State got a motion to revoke in CollinCounty (suburbs of Dallas) and did three days as a sanction after school was out.

Best,

Glenn Adams

Originally Posted by nathan55

Well the day after I moved in I made the stupidest decision of my life and went to move my car to a different lot and got pulled over and blew a .1 on the breathalyzer and went to jail for the night. Anyhwho im probably looking at a few classes, some community service, and a drivers license suspension. I go to Arkansas and rush week starts the 9th I believe and I was wondering your opinions on if I should still rush or just wait till next semester?

thanks

I'd a great suggestion, but he probably won't be able to drive anyone anywhere for a while.

[lucgreek]

If you're young and it's your first time you've ever been in trouble, chances are you won't have your license suspended and you'll have community service/probation. But if you're ever cited for underage drinking while under probation, you're going to get the book thrown at you. This means you're really going to have to stay sober during rush and your first months at college. If you get into trouble you're going to get destroyed in court.

I knew someone who had an underage OVI (what they call them in Ohio) and he had to pay a fine and be on probation for a year or two. Judge said if he was caught underage drinking he would face the maximum the judge could impose. Needless to say my friend stayed out of trouble and DD'd a ton.

[Kevin]

With regard to background checks, I actually do run limited public records background checks of everyone who accepts a bid with my chapter. (I am the chapter advisor) 99% of the time, that's churned up nothing. In one case, a prospective member had an arson conviction, so you never know.

As far as Nathan's situation, your business is your business. If they don't ask, don't tell. If a kid in my chapter had this issue and hadn't made the chapter aware, I wouldn't see it as a huge problem, but I'd probably speak to his marshal (pledge trainer), make sure he addressed it, then expect it not to be a problem.

At the risk one of the men in my chapter read this, a first DUI/DWI conviction in most states is no big deal from a criminal standpoint. It's financially costly, but the penalties typically only include a possibly suspended driver's license; potentially having to have an interlock device installed on your vehicle; definitely going to drug/alcohol assessment and victims' impact panels; paying of various fees to various entities and of course, my personal favorite, attorney's fees. From a Greek organization's standpoint, it varies. I know sororities at my alma mater would expel members simply for being arrested (regardless of whether a conviction occurred). On the other hand, fraternities (in my limited experience) tend to look the other way for things like MIP, public intox and social host arrests.

As far as offering you specific advice with regard to your legal situation, presumably you have a lawyer who you've paid a flat rate retainer fee to and his services should include relevant legal advice tailored to your situation. You shouldn't be bashful about calling him/her up and explaining the situation and asking for specific advice as to how the terms of your suspended sentence/probation/whatever would relate to your pledging a fraternity.

[Alumiyum]

Originally Posted by Kevin

With regard to background checks, I actually do run limited public records background checks of everyone who accepts a bid with my chapter. (I am the chapter advisor) 99% of the time, that's churned up nothing. In one case, a prospective member had an arson conviction, so you never know.

As far as Nathan's situation, your business is your business. If they don't ask, don't tell. If a kid in my chapter had this issue and hadn't made the chapter aware, I wouldn't see it as a huge problem, but I'd probably speak to his marshal (pledge trainer), make sure he addressed it, then expect it not to be a problem.

At the risk one of the men in my chapter read this, a first DUI/DWI conviction in most states is no big deal from a criminal standpoint. It's financially costly, but the penalties typically only include a possibly suspended driver's license; potentially having to have an interlock device installed on your vehicle; definitely going to drug/alcohol assessment and victims' impact panels; paying of various fees to various entities and of course, my personal favorite, attorney's fees. From a Greek organization's standpoint, it varies. I know sororities at my alma mater would expel members simply for being arrested (regardless of whether a conviction occurred). On the other hand, fraternities (in my limited experience) tend to look the other way for things like MIP, public intox and social host arrests.

As far as offering you specific advice with regard to your legal situation, presumably you have a lawyer who you've paid a flat rate retainer fee to and his services should include relevant legal advice tailored to your situation. You shouldn't be bashful about calling him/her up and explaining the situation and asking for specific advice as to how the terms of your suspended sentence/probation/whatever would relate to your pledging a fraternity.

Expelled just for being arrested? I don't think I've heard of a sorority doing that on my campus...or a lot of people would've been kicked to the curb.

[MysticCat]

Originally Posted by Alumiyum

Expelled just for being arrested? I don't think I've heard of a sorority doing that on my campus...or a lot of people would've been kicked to the curb.

Seems like there was thread a few years ago from a sorority member that happened to. IIR, she was trying to figure out how to appeal/get reinstated.

ETA: Found it, though that story takes some turns.

[Alumiyum]

Originally Posted by MysticCat

Seems like there was thread a few years ago from a sorority member that happened to. IIR, she was trying to figure out how to appeal/get reinstated.

ETA: Found it, though that story takes some turns.

Meh that's different, her chapter was already in trouble for alcohol violations, unfortunate timing, but that actually makes sense to me.

But damn, I think expelling a member just for being arrested (or even convicted if it's a minor charge, like MIP/MIC etc.) is way too harsh.

[MysticCat]

Originally Posted by Alumiyum

Meh that's different, her chapter was already in trouble for alcohol violations, unfortunate timing, but that actually makes sense to me.

Yeah, it was somewhat different (and a bit crazy), but still expulsion just for getting arrested apparently was possible.

[Kevin]

Originally Posted by Alumiyum

Expelled just for being arrested? I don't think I've heard of a sorority doing that on my campus...or a lot of people would've been kicked to the curb.

Let me qualify by saying that's hearsay, but it is from a credible source.

[excelblue]

Aren't you always allowed to refuse to be breathalyzed? This even applies if you're operating a vehicle recklessly and the officer pulls you over while you have a 40 in your hand. (In that situation, the officer can still arrest you, but you'll be given the more accurate blood test at the station.)

However, if you're just at party, I think the testing is simply out of question. Also, unless your state has stop and identify laws, you wouldn't have to identify yourself and show that you're 21 or older either.

[thetaj]

You can refuse to be breathalyzed. But, at least in my state, that is admissible as evidence of guilt of DUI (but if you agree to be breathalyzed and you blow within twice the legal range, under .16, the state will drop charges after you complete the program of community service, classes etc. They won't drop charges after completion of the program if you refuse to be breathalyzed). And, you can only refuse one time. The next time you get pulled over, it's a separate misdemeanor to refuse again. It's pretty much always in your best interest to be breathalyzed.

[annabella]

You technically can refuse a breathalyzer or chemical test, but check your state laws for repercussions. Some states have some form of Implied Consent—i.e., if you are agreeing to hold a license and drive on the roads, it is implied that you will consent to some form of BAC test. I'm not an attorney, but from what I understand it can be just as bad as blowing over a .08 in some states.