Kinda just need advice 7 years ago I had a dui and got it expunged due to it being my first offense...

Kinda just need advice 7 years ago I had a dui and got it expunged due to it being my first offense. Today I was found passed out in a parking lot intoxicated but my Keys were not in the vehicle. I woke up in a cell and I was charged with a dwi. Should I fight it since I technically wasn’t driving also what kinda time or consequences am I looking at? I guess also general what’s the longest I’ve ever went to jail and what did u do?

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My advice is for you to stop getting behind the wheel after drinking you degenerate

Im an ignorant retard but in spite of how illogical it is, the courts have ruled in their infallible logic that sleeping while drunk is the same as driving drunk, i dont think you'll win the case, you can maybe get it expunged, but what the fuck would I know?
I think your best bet is not being a dumbass next time. I have never been too jail, I am too much of a pussy to survive in jail

When you say passed out in a parking lot, do you mean you were sleeping on the asphalt or that you were sleeping in the car?

You have a drinking issue. Fighting this would probably work in court, but it would be extremely expensive: do you have 300k to spare?

So even though the keys weren’t in the vehicle this is definitely a dwi like no getting past it? And yeah I know I’m a retard.

Passed out in my truck

and no I’m pretty broke

It's going to heavily depend on your jurisdiction and the outcome of any similar cases in your province/state. Worst case scenario they have a previous conviction with similar circumstances where they proved your "intent" to drive without actually catching you behind the wheel.

You're probably looking at a suspension short term and a blowbox long term.

Get a good lawyer and fight it. If the lawyer pussies out and says to take a plea deal, get another lawyer.

You -weren't- driving. You were sleeping off a drunk in a safe place, and in a responsible manner.

I mean it was a gas station parking lot but I mean like how much money u think a lawyer would cost? Do they appoint u a lawyer when u go to court? My date is in a month.

You will get a public defender (probably a recent grad, not necessarily bad but they will be inexperienced). If you fight it they will fuck you with a longer licence suspension. If you own up to it they will probably let you back on the road sooner.

Ok will the expunged previous offense affect it any?

On paper no, in reality yeah the judge will probably have some bias

U think any jail time cause that’s all I’m worried about

Here's your best play ... Tell the judge "I have a drinking problem and I want help" they'll send you to rehab instead of jail. You only get to play this card once. Good luck OP

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No jail time for DUI in my country (Canada). You will get your vehicle impounded (if not already), licence suspended, and they will want you to install a blowbox as a condition of getting your license back.

Ok.
rehab is probably super expensive huh?

No your fucked, you are still in charge of the vehicle, doesn't matter if the keys weren't in the ignition

>rehab is probably super expensive huh?
Yes and no. Some can be however there is funding available. I went through this in 2004. I went to rehab instead of jail and have been sober since. My rehab was paid for by united way I believe. You just have to be willing. Google your local AOD "alcohol and other drugs"... There's some footwork but if you really want the help, it's there

If you had your keys you're fucked. Intent to drive. Speaking as the friend of someone who got a dui sleeping in the backseat of his car. Also your expungement don't mean shit as far as increasing penalties. You're getting a second dui. They compound. Expunged just means off the record. It still counts though. No fucking chance of you getting this one Expunged either. Not now that you fucked up the first one. That was the court being nice to you.

Keys were not on my person

You fucking momo, refer to ..