DUI...

milehigh

So yeah, no excuses, I fucked up and thought I could make a 3 block trip from my friends house to my house (all in my neighborhood, no major roads and only 3 turns involved including coming out of his driveway and turning into mine) Yes, I should have stayed there or gotten a ride, I'm paying for it now and I won't make the same mistake again. Needless to say I got pulled over for a faulty license plate lamp (1 of 2) and blew at a .13 (legal limit is .08)

This is my first offense and I have no other alcohol related charges (or any other charges at all minus speeding/parking tickets) Is it worth getting an attorney? I know there have to be other people on here who've gone through this (or know people who have) and I'm just looking for general experiences or advice.

Thanks in advance.

Marathon

Well you were pretty clearly guilty. Im not sure what an attorney is going to help.
You will probably get a nice fine and possibly lose your lisence for a while.

Sentry

It also depends on where you are... I know in Arizona that come down really hard on DUI's... my friend got to spend a weekend in tent city on her first offense.

Nandaji

An attorney will help a lot in my experience.. mine was able to make an out of court agreement with the prosecutor: she got him to straight up dismiss the baby dui and the refusal to breathalyze. She also negotiated the underage possesion charge to be dismissed if i take some classes n do some comm service.

Thanatos

You absolutely should get an attorney. If you can't afford one, get a public defender.

Everywhereasign

Thanatos wrote: »

You absolutely should get an attorney. If you can't afford one, get a public defender.

For sure, some people believe that you're trying to get away with something if you get an attorney if you're "guilty". Don't listen to them, all you're doing is making sure you have fair representation and are treated equally. Without a lawyer, this is next to impossible. Think about it, if you're going to just waltz in there thinking to yourself "I blew .13, I knew I shouldn't have been driving, I'm guilty, I'm going to admit it." You gotta remember, you can’t plead guilty unless it’s an informed plea, which means you understand those facts that make up the charge, and concede their accuracy. Without some fancy schooling and/or alot of experience, you don't know all the facts behind your charge.

All that being said, I'm glad you realize that you fucked up. Get yourself a lawyer, but remember, fighting this is going to be a piece of cake in comparison to dealing with having hurt someone or yourself.

Pheezer

Yes you need an attorney and if it's three fucking blocks I don't understand how stumbling home isn't an option. You didn't get busted for DUI, you got busted for laziness. Get an attorney and start practicing a version of "I'm sorry I'm guilty" that doesn't involve so many excuses, as judges tend not to have much patience for those.

Walter

Get an attorney! Like someone mentioned earlier, AZ comes down super hard on DUIs. My roommate got an extreme DUI and was under 21 but he lawyered up and came out of it with only 1 night in tent city. His lawyer got the charge reduced to something like "Being a minor with alcohol in system while driving" which for some reason is not considered as bad as a DUI. Cost him 5K and a lot of trouble though.

Herschel

Some states have some kind of first offense program (e.g, here in PA, the ARD program) that let you take alcohol safety classes and probation, and might even wipe it off your record after some time.

If you're willing to spend the money, a lawyer will probably reduce your punishment. If you don't want to spend the $ (depends on how much this is worth to you), the public defender should be fine. Let your lawyer/the public defender know if you think the cop made any mistakes. If AZ really is super hard on DUI, it's probably better to get a lawyer.

Also, the usual: show up to court well dressed.

In any case, this will cost a fair chunk of change. Expect, at the least, around $1500 in fines, court costs, etc.

KingSpike

$1500 in court costs only? Shit, that would be nice. I've never had a DUI myself, but I know 3 people who have in Colorado. All of them have told me that their total costs involved were close to $8,000. One of them even had to take time off work so he could do community service. He was told if he didn't get 40 hours of community service done by the end of January, he'd be thrown in to jail on Feb 1. I had to pick up 2 of his bartending shifts a week, which was even more money lost for him.

You're going to have a big hit no matter what, but yeah get a lawyer because you may be able to avoid some of the more ass-raping stuff if you have a lawyer helping you out.

DynamiteKid

Get an attorney. It just makes sense and will make it fair.

Also, since this is the advice forum...presumably you're never going to drink drive again, right? Not even for three blocks. Not even for one block. Not even to your next-door neighbour's house. It is never worth it, even if everything works out it's not worth the risk.

milehigh

When I was in the detox center (eye opening stuff btw) they said the average cost was usually 7-9k. I'm hoping this is inflated, but I'm going to look into getting an attorney before my court date.

Yes, I'm very soured on drinking and driving. The mere thought of even drinking at this point makes me want to cry. This whole experience has been fucking horrific, which is probably how it should be given what could've happened.

I did luck out (though I have to check the DMV on this to make sure I'm not ignoring something) because I opted for a blood test it appears I'll get to hold onto my license until the court date in late May since they have no hard proof I was over the limit until the results come back. Everyone who opted for breath got their license taken at the scene and issued a 7 day permit to get a probationary license where as they let me keep mine.

Sir Carcass

DynamiteKid wrote: »

Get an attorney. It just makes sense and will make it fair.

Also, since this is the advice forum...presumably you're never going to drink drive again, right? Not even for three blocks. Not even for one block. Not even to your next-door neighbour's house. It is never worth it, even if everything works out it's not worth the risk.

Take that further to not even climbing in the driver's seat of a car. The car doesn't actually have to be moving for it to be DUI/DWI. Sleeping it off behind the wheel is a no-no, too.

Psychotic One

I've heard stories about even sleeping in the backseat can get you in trouble

Sonos

Psychotic One wrote: »

I've heard stories about even sleeping in the backseat can get you in trouble

to a guy without a lawyer maybe. a below average lawyer would have a field day with that one. at least in my state.

sheepdogg

Maryland also has a law like PA. Ours is called PBJ (Probation Before Judgement). It's a 1 time get out of jail free card more or less. I used mine when I was 20 for underage drinking. No lawyer, I stood, requested Probation Before Judgement, and the judge said I was on slef probation for 1 year. If you screwed up again before the year was up, they would hit you harder for screwing up.

For me it wasn't a big deal, I had 2 months till I was 21, the judge just said don't drink for two months, then no offenses for 10 months after that. All self-supervised.

So check your state laws. Most lawyers offer free consultation, and if not, I would assume you can call your state attourney general for advice as well as web research.

Sonos

sheepdogg wrote: »

Maryland also has a law like PA. Ours is called PBJ (Probation Before Judgement). It's a 1 time get out of jail free card more or less. I used mine when I was 20 for underage drinking. No lawyer, I stood, requested Probation Before Judgement, and the judge said I was on slef probation for 1 year. If you screwed up again before the year was up, they would hit you harder for screwing up.

For me it wasn't a big deal, I had 2 months till I was 21, the judge just said don't drink for two months, then no offenses for 10 months after that. All self-supervised.

So check your state laws. Most lawyers offer free consultation, and if not, I would assume you can call your state attourney general for advice as well as web research.

i dont think i would have wasted that card on such a minor offense. does it work if you stab a bum or something similar?

misbehavin

First, and absolutely foremost, don't ever do that again. I won't say anything more than that BECAUSE you have admitted that it was a mistake, and I assume you understand the possible consequences, and won't do it again.

Second, yes, get an attorney. It's not about trying to get off without any punishment, but rather trying to make sure you get a FAIR punishment.

Third, just so it's understood, you WILL receive some measure of punishment, whether it be probation or losing your license for a brief period (depending on the state). Just accept this, and don't try to avoid it.

Finally, if you are apologetic, and do not attempt to make excuses, with a clean record prior to this, a judge will most likely be very lenient, so don't overly panic about this, either.

misbehavin

Sonos wrote: »

sheepdogg wrote: »

Maryland also has a law like PA. Ours is called PBJ (Probation Before Judgement). It's a 1 time get out of jail free card more or less. I used mine when I was 20 for underage drinking. No lawyer, I stood, requested Probation Before Judgement, and the judge said I was on slef probation for 1 year. If you screwed up again before the year was up, they would hit you harder for screwing up.

For me it wasn't a big deal, I had 2 months till I was 21, the judge just said don't drink for two months, then no offenses for 10 months after that. All self-supervised.

So check your state laws. Most lawyers offer free consultation, and if not, I would assume you can call your state attourney general for advice as well as web research.

i dont think i would have wasted that card on such a minor offense. does it work if you stab a bum or something similar?

I will never visit Maryland ever again if that was the case.

I'm assuming this is ONLY for misdemeanors.

Unknown

This content has been removed.

nexuscrawler

Herschel wrote: »

Some states have some kind of first offense program (e.g, here in PA, the ARD program) that let you take alcohol safety classes and probation, and might even wipe it off your record after some time.

If you're willing to spend the money, a lawyer will probably reduce your punishment. If you don't want to spend the $ (depends on how much this is worth to you), the public defender should be fine. Let your lawyer/the public defender know if you think the cop made any mistakes. If AZ really is super hard on DUI, it's probably better to get a lawyer.

Also, the usual: show up to court well dressed.

In any case, this will cost a fair chunk of change. Expect, at the least, around $1500 in fines, court costs, etc.

if he's guilty and going to get a lawyer chances are good ehe can avoid many court costs. Chances are his lawyer will negotiate outside of court to plead to a lesser charge. Then all he has to go to court for is to enter his plea with a judge and get sentenced.

Sonos

misbehavin wrote: »

Sonos wrote: »

sheepdogg wrote: »

Maryland also has a law like PA. Ours is called PBJ (Probation Before Judgement). It's a 1 time get out of jail free card more or less. I used mine when I was 20 for underage drinking. No lawyer, I stood, requested Probation Before Judgement, and the judge said I was on slef probation for 1 year. If you screwed up again before the year was up, they would hit you harder for screwing up.

For me it wasn't a big deal, I had 2 months till I was 21, the judge just said don't drink for two months, then no offenses for 10 months after that. All self-supervised.

So check your state laws. Most lawyers offer free consultation, and if not, I would assume you can call your state attourney general for advice as well as web research.

i dont think i would have wasted that card on such a minor offense. does it work if you stab a bum or something similar?

I will never visit Maryland ever again if that was the case.

I'm assuming this is ONLY for misdemeanors.

as a bum heck no.

StephenB.2006

Well, you screwed up. Getting some representation is going to set you back at least $500. Look for someone who typically handles traffic or DUI cases. You'll probably still get fined, even if they let you off easy. If your record is clean, you're sufficiently respectful, and your attorney isn't a complete screw up, you might be able to walk out with your freedom and bank account relatively unscathed. Ask your lawyer about classes, probation, and other such things. If such programs are a possibility, he'll know. Don't worry about the people telling you that you're a moron. You did something moronic. Were you a friend of mine, I would probably slap you one for doing so. However, you're not a complete jackhole just because you weren't thinking properly when drunk. See to it that it doesn't happen again.