My brother got a DUI. I need advice from those with "experience"...

CornyKegs 728
Homebrew Talk - Beer, Wine, Mead, & Cider Brewing Discussion Forum

Help Support Homebrew Talk - Beer, Wine, Mead, & Cider Brewing Discussion Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
iaefebs said:
You do not need a attorney for the first court date to show up in court and make a "not guilty" plea. You can get the arrest info and the charges yourself. If you can't afford an attorney you will (in Michigan) be asked to fill out a short financial disclosure. If you qualify you will be assigned a attorney. Some attorneys provide free consultation (1/2 to 3/4 hours) Already having a copy of the arrest record and charges eliminates wasted consultation time.
Click to expand...

So to sum it up for Bigbeergeek, possible scenario:

Brother goes to first pretrial, recieves charges and pleads not guilty
Then while there apply for a court assigned attorney
Then take the information to a number of lawyers and get their opinions
Hopefully hear back about the court lawyer.
Discuss with the court lawyer the potential outcome and possible mitigating steps that he can take from now to the second pretrial - e.g. AA, also disclosed any information from other lawyers.
Sign up for AA, etc.
Lawyer to discuss plea bargaining with prosocutor - i.e. what prosecutor will be asking for at sentencing
Attended second pretrial and plead guilty
Attened sentencing and let the lawyer do the talking
Hopefully not get reemed to hard
Don't do it again
 
mattd2 said:
It might be his first, but he blew 2.5x the legal limit. That will not be brushed off so lightly

Yes there is little to nothing that a lawyer can do to get him off, but there is a lot he can do to reduce the sentence.
Click to expand...

Mattd2, I'm not trying to offend nor am I trying to instigate. But please inform me of what experience you have with either A: getting a DUI -OR- B: Being a lawyer. If you have experience with either of these it would further justify what you are saying and I may take it more seriously. So far all I can tell is your experience doesn't extend far beyond what you are currently researching on google.

I'm merely trying to provide advice from my own personal experience to a guy who CANNOT afford a lawyer. Now, if he wants to pull out a loan and pay twice as much for a slimy swindling DUI lawyer, than he should then by all means... Go for it. It may help it may not... We will never know. There are far to many contingencies to determine that. It comes down to his circumstance and what he can or is willing to do.
 
mattd2 said:
So he spent $7000 on fines, penalties and classes(?)

What if he had a lawyer that costed $3000, and he got a reduced sentence of say $3000 fines and penalties and reduced other stuff.
Would that be worth it?
Click to expand...

That was the reduced sentence! Some of the costs were not necessarily fines, such as bail, round trip travel to appear in court, pretrial required daily substance abuse testing, etc. The main thing he was going for was no jail time which would mean loss of job.
 
mattd2 said:
So to sum it up for Bigbeergeek, possible scenario:

Brother goes to first pretrial, recieves charges and pleads not guilty
Then while there apply for a court assigned attorney
Then take the information to a number of lawyers and get their opinions
Hopefully hear back about the court lawyer.
Discuss with the court lawyer the potential outcome and possible mitigating steps that he can take from now to the second pretrial - e.g. AA, also disclosed any information from other lawyers.
Sign up for AA, etc.
Lawyer to discuss plea bargaining with prosocutor - i.e. what prosecutor will be asking for at sentencing
Attended second pretrial and plead guilty
Attened sentencing and let the lawyer do the talking
Hopefully not get reemed to hard
Don't do it again
Click to expand...

:mug: Again I can only reference Michigan, My son is going through this now. Once he pleads guilty he will take a test to determine his level of dependency on alcohol. It is a 90 question multiple choice test. From his answers he will get a probation officer that decides whether he needs counseling or whatever. His license will be suspended for a year but he can apply for a restricted license after 30 days. There are some fees and stuff that don't apply to the OP's brother so I won't list them here. *edit* since 1fast636 posted below. In MI any alcohol offense is lifetime. No expunges. If you get caught 40 years from now it is a second offense. I have no idea what it is in CA.
 
depending on his insurance he could get dropped i know mine did when i got my DUI for hops cousin. it might of been for the controled substance because it gets held as blowing off the ricter scales of the breathalizer. now with me i did the counseling only had to do one session, ARD to espounge my record after five years with no other dui offenses, a ton in fines and paid a lawer that did nothing for me. It was my first offence no comunity service no blow start or anything else like that oh well live and learn
 
NOT GUILTY! scenario #two: waits three months for pre trial and pleads not guilty. Waits three to six months for trial. DA is under pressure this month to crack down on DUIs, Has a bad day, PMSing, thinks your lawyer is an *******. For some reason she really hates your haircut and those stupid shoes you're wearing. Plus now the cop thinks you're an *******. You're on video slurring and you blew .2 plus she knows the judge really well. (BTW they all do). DA presents evidence to judge. Public Defender presents...well...nothing. But says please... He's a good boy!!! DA says aren't they all. Judge lays down the law. Not only do you have your fine. Now you've got court costs. And you've gotten no further than you had before pre trial. Plus the DA can recommend sentencing!! Trial is a scary place to be. I'd hope for sympathy from the judge in pre trial. Plus if you were nice to the police they take note of that.
 
bigbeergeek said:
My brother spent 14 hours in the county drunk tank last night. He allegedly swerved, was pulled over by highway patrol, passed his field test and proceeded to blow something high (perhaps a 0.2? He can't remember). He's guilty, he messed up big time, he could have hurt himself or the innocent and he deserves whatever's coming to him. I hope that covers the requisite judgement etc.

Does anyone have any advice on what to do/expect? He's in CA. His funds are limited so no DUI lawyer. Who has experience with DUIs?

Thanks all!
Click to expand...

As an attorney (not licensed in Cali and not familiar with Cali DUI law), I cannot offer you any practical advice - and frankly neither can anyone else on this board.

Find an attorney in Cali familiar with the DUI/OWI laws in California. I would personally find the best local DUI attorney and hire him - ask around. He can work up a payment plan with your brother. A good DUI attorney will work towards getting him a reduced sentence/fines. Generally money well spent...
 
Get a lawyer or at least talk to multiple ones that have a lot of experience defending DUI, not just a criminal lawyer who has handled a few. It is quite specialized.
A family friend of a friend got popped in Visalia too (must be something in the water that makes em stupid-- punch your brother hard for me). I heard she lost the privilege to drive for a very long time, like 2 or 3 years. I think to/from work is excepted but she has no job so it didn't come up. Plus community service (hundreds of hours or something), fines (thousands of dollars I believe) and will go to jail if she messes up-- it is just a suspended sentence. Public defender. I am not at all saying she could have done better, but it would be good to know your options.
edit: I am a CA civil litigation lawyer, ie I don't do criminal cases.
 
I always love the responses in HBT. Most forums you visit you get the "hire a electrician" or "hire a plumber" or "hire a lawyer" response. At least beer guys that are electricians or plumbers are willing to shed some help with electrical and plumbing questions.
 
Your brother has no chance of getting off on these charges if he blew. He will prob not goto jail on his first offense unless he has a criminal record. If he blew hiring a lawyer will just be a further waste of money at this juncture. He will most deff loose his license for say 6 months to a year every state is diff. DUIs are pretty open and shut usually for the state prosecutor they almost always win. The only chance you would have is if you know your drunk. Is to get out of the car say nothing but i want my lawyer.And not to blow or give a urine sample and just goto jail. But most people aren't thinking clearly when they know there drunk and think they can beat the road side test. And get caught stumbling around on camera. I won't even drive if i have 1 beer i have a kid and 2 much 2 lose.
 
EPS said:
He will most deff loose his license for say 6 months to a year every state is diff.
Click to expand...
The only advice I have for this thread is not to take legal advice from a guy who doesn't know the difference between lose and loose.* ;)

*EPS, sorry couldn't help myself
 
A DUI lawyer can help. They know to check the calibration records on the breathalyzer (if it wasn't calibrated correctly, the charges can get dropped), cross examine police officers, pull out inconsistencies in the reports, etc. However, a good lawyer will only get you this (not even close to guaranteed) and you have to decide whether the extra few thousand dollar cost is worth the small probability. In CA, you can expect to pay around $10,000 overall after it is all said and done for your first offense. The loss of the license, required meetings and classes, court fees, etc.

IF you are correct about him blowing a 0.2, then he can face harsher punishments (extra alcohol education programs, probation, etc.).

Overall, it isn't great but he'll get through it. He should be very very thankful he didn't hit and hurt someone (felony) or injure himself and have to live with those options. Everyone makes mistakes, best you can do is support him through it.


If your brother can't afford an attorney, he will be assigned a public defender. Tell him to dress nice, suit and tie, be respectful, humble and refer to the judge only as "Your Honor"
 
EPS said:
Your brother has no chance of getting off on these charges if he blew. He will prob not goto jail on his first offense unless he has a criminal record. If he blew hiring a lawyer will just be a further waste of money at this juncture. He will most deff loose his license for say 6 months to a year every state is diff. DUIs are pretty open and shut usually for the state prosecutor they almost always win. The only chance you would have is if you know your drunk. Is to get out of the car say nothing but i want my lawyer.And not to blow or give a urine sample and just goto jail. But most people aren't thinking clearly when they know there drunk and think they can beat the road side test. And get caught stumbling around on camera. I won't even drive if i have 1 beer i have a kid and 2 much 2 lose.
Click to expand...

This is also poor advice to go with the other advice. First, in more and more states you can be compelled to provide breath or blood by force if necessary. Second, if you refuse in most states you have a revoked license for usually one year. No work permit, no interlock, just a revoked license. Good luck finding a job unless its near a bus stop. You'll lose your license less, if at all, if you find a decent attorney.

They're not "open and shut" cases. DUI cases have a lot of holes that get missed. Most cops don't even want to deal with DUI because its so hard to cover all the bases.
 
The cops and court know all the calibration,atmospheric adjustment, cross exam stuff, inconsistency in report etc. They do this every day. These people are professional..You will not find a magic loop hole. Your attorney is going to discuss this over a lunch or in between cases with the prosecutor and decide your fate.The only hope (in Michigan) is if you can somehow prove it was an illegal stop..... good luck with that defense.
 
Good lord a home brew miss print. And trust me i know more about DUIs then most of these people. If he wants 2 hire a lawyer and waste 5000 bucks and spend a year wondering the outcome. Then by all means go ahead and hire a lawyer. Remember he asked for advice i just gave it what he does with it is his brothers choice. But i can promise you if he failed the road side test on camera and blew. He will never beat this case even if he had Johnny Cochran in his prime.
 
Beer_me_plz said:
Mattd2, I'm not trying to offend nor am I trying to instigate. But please inform me of what experience you have with either A: getting a DUI -OR- B: Being a lawyer. If you have experience with either of these it would further justify what you are saying and I may take it more seriously. So far all I can tell is your experience doesn't extend far beyond what you are currently researching on google.

I'm merely trying to provide advice from my own personal experience to a guy who CANNOT afford a lawyer. Now, if he wants to pull out a loan and pay twice as much for a slimy swindling DUI lawyer, than he should then by all means... Go for it. It may help it may not... We will never know. There are far to many contingencies to determine that. It comes down to his circumstance and what he can or is willing to do.
Click to expand...

No offense taken, no googling though just looking at the CA DUI website post way at the start of this thread. I understand where you are coming from, a paid or court lawyer is not worth it if all they do is bow down to the judge/DA. But at least try and get some sort of legal advice so you don't walk into something you are not prepared for.
The worst possible case according to the website has been mentioned, if he is happy to accept that then there is no need for a lawyer and anything that is lower is a bonus :D
 
Yes you can be forced to give blood if an accident is involved. And i was just stating the only way one would have a chance to beat a DUI. And if you get arrested for a DUI in most states weather you beat it or not your license still gets suspended for 6months. So if you could beat it by refusing to blow or do road side test whats the extra 6month suspension compared to 3000-4000 bucks. In most states when you get arrested for a DUI that info goes straight to the DMV and they suspended your license weather your convicted or not. Yes refusal to blow is an automatic 1 year suspension. But i'm sorry i would never blow thats like getting caught standing over a dead body with a smoking gun in your hand. The ONLY chance you would ever have to get off a DUI in 99 percent of cases is to not blow period. If you blew your ship is already sunk.
 
EPS said:
Yes you can be forced to give blood if an accident is involved. And i was just stating the only way one would have a chance to beat a DUI. And if you get arrested for a DUI in most states weather you beat it or not your license still gets suspended for 6months. So if you could beat it by refusing to blow or do road side test whats the extra 6month suspension compared to 3000-4000 bucks. In most states when you get arrested for a DUI that info goes straight to the DMV and they suspended your license weather your convicted or not. Yes refusal to blow is an automatic 1 year suspension. But i'm sorry i would never blow thats like getting caught standing over a dead body with a smoking gun in your hand. The ONLY chance you would ever have to get off a DUI in 99 percent of cases is to not blow period. If you blew your ship is already sunk.
Click to expand...

What happened to inocent till provn guilty? Would that not take at least a guilty plea or a trial to take place first?
From what I read, refusal to give a chemical test in CA results in basically what you would get fot a DUI anyway.
 
Innocent till proven guilty is basically a joke for DUI cases. The reason the conviction rate is so high on DUI. Is because this country makes millions and millions of dollars by convicting people for DUI every day. That is why its one of the charges that there least lenient with. If that is the case in CA then its just another law they have put in place to insure conviction. Witch kind of proves my point that a lawyer is a waste of money and his ship has already sunk. I don't know the ends and out of CA DUI laws i admit. But i have never heard of a state automatically charging you with DUI if you refuse to blow not saying it doesn't exist. I do know there are laws in place to force you to give blood if your involved an a accident while suspected drunk or not. But anyway he has to make his own choices how to proceed. Taking advice from a bunch of people drinking good home brew is prob not the best idea. But this was a good debate my friend BREW ON.
 
highgravitybacon said:
Yeah. And the epic fail starts with the "I'm asking for legal advice ON A BEER FORUM for my brother."
Click to expand...

Um, I'm exploring a lot of options right now. Believe it or not there are some helpful suggestions/experiences on this thread. I'm not above using the members of this forum for info, nor am I above asking locals about the DUI court experience. I'm hopeful for the guy. Thanks to everyone so far for their stories and advice, the naysayers can go bless themselves.
 
EPS said:
Innocent till proven guilty is basically a joke for DUI cases. The reason the conviction rate is so high on DUI. Is because this country makes millions and millions of dollars by convicting people for DUI every day. That is why its one of the charges that there least lenient with. If that is the case in CA then its just another law they have put in place to insure conviction. Witch kind of proves my point that a lawyer is a waste of money and his ship has already sunk. I don't know the ends and out of CA DUI laws i admit. But i have never heard of a state automatically charging you with DUI if you refuse to blow not saying it doesn't exist. I do know there are laws in place to force you to give blood if your involved an a accident while suspected drunk or not. But anyway he has to make his own choices how to proceed. Taking advice from a bunch of people drinking good home brew is prob not the best idea. But this was a good debate my friend BREW ON.
Click to expand...

I agree the basically no chance of getting of a DUI. I don't think you get charge with a DUI but probably a charge of failure to give an evidential test which has just as harsh conciquences. I don't ca let along us law. Just what I picked up off that one ca website.
 
I have a "friend" who ot a DUI a few years ago. His record was otherwise clean. He lived in a state that as a first tIme offenders program. He had to complete a class, attend AA, pass a drug test, pay a couple grand fine, and had his his driving privlegdes suspended for a few month. After he completed the frogram, the charges were expunged...overall the penance was almost too easy, but everyone makes mistakes jail time might not be needed as a wake up call...

Also, your brother should consider an attorney just in case some procedure wasn't properly followed by the cop...a bunch of attorneys will have no cost consultations to review the facts.

Good luck, hopefully he learned his lesson and comes out a better safer person!
 
YEARS AGO I got an OUI. The basic story is this... I was going to pay someone be it the courts in fines AND more to the insurance companies or a lawyer. Best to pay a lawyer...

Luckily that experience has lead me to taking a cab or using a designated driver when I want to go "out". Even if it costs $40 round trip in cab rides that is still a bargain when compared to the DUI/OUI.
 
A tail of two lawyers.

I have had two friends get DUI, separate occasions, separated by a few months. Both were first offenses, both underage, both blew over .08

The first hired an average attorney. The lawyer postponed the court date a few times to so that my friend could complete an alcohol assessment (I.e. meet with a substance abuse councilor) and then attend a few few group substance abuse classes. The lawyer was also familiar with the judges, and postponed until a more lenient judge was on the bench. Ultimately my friend was charged with a DUI, had to pay around $2500 for the lawyer, court fees, and the alcohol assessment. Additionally he lost his license for a year (was able to get a permit to drive to and from work/school) and had to complete 24hrs of community service.

My other friend had rich parents, hired an expensive lawyer, and didn't do a darn thing and got off without any charges, even though he wrecked his car (hit a light pole, no one was injured). I have no idea how much he paid he lawyer.

Either way to me it's obvious that the lawyers helped. In the first case, the lawyer knew the system and helped my friend get the lightest sentence without just buying his way out. The second obviously had connections.

Just my $0.02 but I'd certainly get a lawyer for any charges if I ever had any against me...
 
There's a lot of advice and anecdotes here, but you should keep in mind that every state has different laws, so the only thing that matters is the specific laws of the specific jurisdiction where the offense occurred. Get a laywer.

Lawyers make very good money representing DUI clients, there's an endless stream of them generated every year. They are generally very happy to offer free consultations with the hopes that you sign on with them and not someone else in their market. Most cases these consultations will be really worthwhile and not just a sales pitch. Get a lawyer.

Any worthwhile DUI attorney will specialize in defending traffic cases exclusively and impairment cases as a specialty. Best advice is even if someone can't afford an attorney or thinks they can't afford one, get a few referrals for DUI attorneys and call them. You could possibly find an attorney that is willing to work within your means or at the very least you can get some quality advice for free. Get a Lawyer.

Every state has different laws, but most states have trended towards mandatory sentencing guidelines. Get a lawyer.

If you were involved in an accident, if you scored above a .1 or if you have previous offenses along the same lines of behavior, then you need to take it very seriously and get an attorney no matter what. If your attorney says he can get you off, find a different attorney because that's very unlikely to happen. The only time you can have a marginal chance is when you're dead on .08 or there are any identified improper procedures involved in your arrest. In certain cases, medical history can be used to introduce a reasonable doubt, but that's a long shot. Get a lawyer.

A first offense is unlikely to result in jail time, I'd expect even less so in California with the rampant prison overpopulation, but that doesn't mean it won't have serious impacts for the rest of your life. Loss of license, fines, court fees, increase insurance, possible negative impact on future employment. Get a lawyer.

People who have been involved in a DUI in one way or another will give you advice based on their experience, positive or negative. Ignore that advice. It is not relevant. Get a lawyer.
 
I'll chime in on this one.

I've had five Dui's in a five year stretch, ( all over 30 years ago), During that time I also had a few public intox's too. And since I've had a few other traffic violations.

If this is his first DUI, he should go to a state certified rehab clinic, check in and do the program. Next, once he's in the program, go to the prosecuting attorney. Act scared as hell. And tell him you just want to see what you're up against. Always act sincere, (and he truly better be, the PA can see through the bull). Make sure he projects the fact that he had no clue he was that bad off and never would've been behind the wheel if he thought otherwise. And that he's making damned sure it won't happen again.

The idea is to act like you are doing your damnedest to ensure this never happens again. The prosecutor, If your bro is lucky, might offer him a deal which involves putting this issue on the, "Shelf", for x amount of years if he keeps his nose clean. But if he screws up in that period, he may get the hammer, so to speak.

This tactic got me out of my 1st incident and isn't counted in the 5 I got.

Also the same advice has helped me everytime I've gotten a speeding ticket or other traffic violation, ( only 5 in the last 30 years).

If the prosecutor isn't willing to give him a break, he can't use anything that they talked about against him. What's he gonna say? The guy started rehab tried to show me he was sincerely trying to change his ways, first time, still need to screw him? Then he needs to get a lawyer.

Lawyers are not the only answer,... sometimes.

pb --- note: Just an old man giving his experiences and advice. Times have changed, but who knows???

Ps, He will get a fine, no way around that.
 
It's very nice that those with some experiences have shared them.

BUT

Do not plead guilty to anything without at least talking to a lawyer. Period. Ideally, don't make any statements without one either. If you already have? Don't say anything more.

Ok, sure, you *might* get a prosecutor or judge who will give you credit for "doing the right thing" and "taking responsibility" and just owning up and begging for mercy. You might also get the book thrown at you because they can. Or you might find that they don't consider exercising your right to a vigorous legal defense to be evidence that you're not taking responsibility (I sure wouldn't). Are you willing to rely on the experience some guy you've never met claims to have had? (Don't take this personally, I'm not accusing anyone of being less than sincere here, but it is a simple fact that people do occasionally make things up on Internet forums.)

This is going to be expensive. If you can't afford a lawyer, hopefully you can get free representation. But "can't" doesn't always mean "can't." If you'd rather not afford a lawyer, you might want to rethink that, because it's going to cost a lot of money either way.

...and beware of stories about "I paid $x thousand and the lawyer didn't do anything." No doubt some are true and some people get screwed, but you're not paying for *effort,* you're paying for *expertise.* A lawyer is far more likely to be familiar with the system and what your options are than any of us here.
 
A close friend of mine, up to 3 years ago, practiced DUI defense here in CA. He has since left the law to pursue other interests. We got to talking about how this all works out here, and the $10,000 in total fine + fees sounds about right. His take was there was no way out of this if you took the test (blood or breath). So why would I pay you $5000 to represent me? His answer was, what was staying out of jail worth to you? What you are paying for is his knowledge to review the case and make sure all of the I's were dotted and T's were crossed in the off chance that you get that 1 in a 1E06 chance the cops messed up and you get off, for him to help you navigate the legal system, but most importantly, for access. You can try to negotiate a plea with the DA yourself, but your chances are better with him. He will know the suit from the DA's office and will work to keep you out of jail (in your brother's case). If you have to go to jail, he will work to get the least time in there possible. In CA, DA's are elected, which means they have to show they are tough on crime to get re-elected. They will push for the max. Faced with another lawyer that can tie them up in paperwork and drag out a proceeding for years, the DA is likely to cut a better deal with another lawyer. But, this may just have been his sales pitch. The opinion of a prosecutor is what your really need.
 
Before we proceed, first understand that this is not legal advice and your brother needs to consult with an attorney in his jurisdiction.

Typically states have high tier and low tier DUIs, if he blew a .20 he will probably be in the high tier. High tier typically requires some amount of jail, and extended loss of license. He may not be totally screwed, but he needs a public defender for sure.
 
mattd2 said:
Should you not get told what your charges are before heading to court? Seems like a bad move to plead not guilty just so you can see what they are charging you with as it is then on record that you are not taking responsibilty for your actions. I agree that you should also not just plead guilty to anything they say as they could be trying to hit you with everything hoping something will stick. Just thinking about that, would not entering a plea be better, as this is what you are actually doing - not saying yes or no just want to review what the charges are first.
I agree that lawyers don't just get you off, they also help reduce your sentence. It might be worth it, it might not.
He was DUI so he can't really get out of that one (save a freak Cathedral incident :D), he needs to find out what he is been charged with and what are the maximum penalties for it. If this is his first conviction then I would expect he would not get anywhere near that. What a lawyer does is know what others have gotten in similar situations and argue that you should get that too, you are paying for their knowledge. Unless you go digging round and find out all the case in the last 2-3 years of first DUI that have similar cirumstances to his then all the judge has to go on is the procecutors case history (which will be squewed to the high end) and he will likely get more than he deserves (remember that his case will then be used in other future DUI cases and the prosecutor will then use his high penalty to argue his point).
Click to expand...

Well as I said, hiring an attorney has only added a 5 thousand dollar debt to the 2 other people I know who have received them. My neighbor was actually an attorney and I spoke with him on what I should do, and he recommended, given that I was dead to rights, to take the guilty plea, and I am so glad I did it the way I did, saved me a ton of cash. I would recommend a court appointed one for sure though, at least that way you have someone to consult with. And I did know what they were charging me with, a DUI, I however was not aware of the punishment for such things, so on that first day of court, I found out what COULD happen to me. Also, when its your first time having to go through the court process and you don't know what the f**k is going on, then yes, pleading NOT GUILTY seems to be the right thing to do. Do you have experience with a DUI?

EDIT: Also I must add, that I received the MANDATORY MINIMUM by pleading guilty, I am sorry for you folks with out experience, but the MANDATORY MINIMUM will apply if found guilty, not even the best lawyer can get you out of MANDATORY MINIMUM CHARGES. Sorry bra, get back to us when you know what your talking about. Thank you....
 
mattd2 said:
What a lawyer does is know what others have gotten in similar situations and argue that you should get that too, you are paying for their knowledge.
Click to expand...

Sorry to keep lighting you up, but if you have ever been to court for such things, then you would know that a judge goes through DUI charges all the time, every day, every week, if you think that they don't know what is a realistic charge based on the evidence is, then you don't know jack, a judge is not going to put themselves in a position for you to come back letting them know how wrong they were and appealing a case. I liked how I could use the couple grand for a lawyer I saved for my charges, which were the state mandatory minimum I must say again....... Also I believe the OP asked for those with experience, I am so sick of those who haven't gone through anything and 'know it all' .... TROLL
 
jakenbacon said:
EDIT: Also I must add, that I received the MANDATORY MINIMUM by pleading guilty, I am sorry for you folks with out experience, but the MANDATORY MINIMUM will apply if found guilty, not even the best lawyer can get you out of MANDATORY MINIMUM CHARGES. Sorry bra, get back to us when you know what your talking about. Thank you....
Click to expand...
Edit: I should start by answering you question sorry. No never had a DUI and I'm not even from the US. Maybe I'm trolling, but I'm honestly not meaning to. I just want to put across that he should get some sort of legal advise (not necesarry actually hiring a lawyer but at least talk to a few)

Can I asked what Breath Alc you were caught with?

For the record I have never said that he should fight it and try get off without conviction (at least I didn't mean to). Other have schooled me on how your legal system works and that at the first pretrial, where it seems like the charges are actually laid (correct me if I am wrong), it is best to plead not guilty (and sounds like it is pretty much expected) so you can have time to review them prior to admitting guilt and getting your punnishment.
yes the judge goes through DUI case all the time, but do they go through the exact same DUI case? No, each one is different. BAC, age, mitigating factors, injuries/damage all come into play. You can not expect a judge to remember every single time a 40 year old fitter/turner with diagnosed deppresion and no previous convictions got pulled up with a BAC of 0.09 while driving his 18 month old son to the hospital because he had a critically high fever, and what sentance was handed out?
or when a unemployed 21 year old with a list of charges include possesion of drugs got pulled up with a BAC of 0.09 while driving his girlfreind to her house 3 blocks away.
Both blew 0.09 on there first DUI, should both get the same punnishment?
 
Gonna be different/similar in most states. Alot of people try to fight it which is a waste of time 95% of the time and you will end up paying thousands more in legal fees. Best bet for first dui is to get a ****ty public defender and work with the da. An in car breathalyzer is a huge hassle so if you are close to the bac level where that becomes mandatory try to negotiate he adjusts the bac on file. Ive only had one so thats all i have but i have had plenty of friends with 2 or more... If your not close to within the legal limit like .02 points or the arresting officer didnt do anything illegal like forget miranda rights dont bother fighting it.
 
Get a lawyer that deals with dui's a lot. Someone who knows the judge & da is the only way to save you thousands. Yes it costs thousands but your record and punishment will be less. Either way you play it it will be $10,000+ unless you do not drive and have no need for insurance. Insurance is where most of $$ punishment is. The fine is around $1200- 1500. He will have to pay the bail and the booking fees. There's all kinds of extras involved in different cities. Hopefully he will not have a IID, which comes with its own fees and "tune ups."

Good luck to your brother.
 
Im amazed at all the people saying to get a lawyer... My first dui was done with in 6months, no jail time, and 900 in fines and i worked with the prosecuter personally. Get it over with and keep its simple. Lawyering up and prolonging it will only make it worse if you were drunk and you know you were if you were. Time is money.
 
He was drunk...and driving...possibly on the same road my wife and kids were driving on. He should definately plead guilty and get it over with. Prolonging the inevitable will only cost the taxpayers more money. And our taxes here in Ca. are already too high, which can be attributed in part to criminals playing the court system trying to buy themselves freedom for a short while longer. He is sick, now he must take the medicine.
 
Williams Brewing 300

Latest posts

Back
Top