Do you need a lawyer if you have a DUI?
Tuesday, March 23rd, 2010 at
2:58 pm
My husband got arrested for DUI and his blood alcohol level was pretty high but it is his first DUI. He plans on pleading guilty but does he need a lawyer anyway? I really don’t want him to have to go to prison over this pharmacy online stupid mistake but is there jail time involved with the first DUI? We live in California if that helps any.
The DA isn’t going to meet with your husband unless your husband is representing himself.
The sentencing for DUI in California is almost set in stone so there’s not a lot to be gained in that respect by having an attorney. However, your husband should absolutely consult with an attorney regarding the case before he pleads guilty. There could be any number of issues with the case that an attorney will recognize and which could result in a dismissal. On the other hand, I have seen a few attorneys that have dragged their client into court to contest the charges because the cop was wearing blue socks instead of black on the night of the arrest. That’s a money-maker for the attorney, but a loser for the client.
I’ve made over 500 DUI arrests in my career and have been to trial on less than 10. First offense drivers seem to just plead themselves out and take their lumps.
1st time is usually a large fine probation and community service after that its usually a huge fine loss of license and jail time
ALWAYS have a lawyer going to court. Do not have him plead guilty up front. Plead guilty, and any and all punishment can occur. Is it likely he’d go to prison? No. But pleading guilty eliminates any protection from it happening.
its better to get a lawyer.. mainly because he could get less time and less of a fine
many states do have mandatory jail time even for the first time
The poor guy wants to be honest and admit to wrong doing on his part, and here comes Crown Royal telling him to admit nothing, drag it out as long as possible, and waste time…and then we wonder why the state’s budget is also so high. Crown must be a defense attorney.
If the state is seeking jail time than at your husband’s initial arraignment this will be stated. Your husband will be asked about an attorney and advised of his right to counsel. If he plans on pleading guilty than a lawyer can help serve as an intermediary and also make sure there are no issues with the case. Bear in mind that the lawyer’s fees will likely be close to or more than the fine levied by the state, especially if they talk your husband into going to trial when he just wants to admit his guilt, unless you financially qualify for a free lawyer.
Your husband can also just meet with the D.A. to discuss the case and come to a plea agreement, the same as a lawyer would. The D.A. would present that agreement to the judge and the judge would verify with your husband that he agreed with it. A lot of people who want to plea out do this to save $1,000 in lawyer’s fees, while others hire a lawyer because they do not feel comfortable or knowledgable enough to do it on their own.