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

[bigbeergeek]

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!

 

[jakenbacon]

I do! I always laugh at that quote.... "A man who represents himself, has a fool for a lawyer" or however it goes.... But any who, because he blew so high, and probably told the police everything at the police station, have him go to the first court date, and plead not guilty, so that he can look over exactly what they are charging him with, with some time and peace. Then, when the second date arrives, if the charges seem legit and he knows he is responsible for those charges (not some other crazy charges they sometimes add to reem you) then go to the court date as determined, plead guilty, and get what you deserve. Jail is not that bad, the money they take from you is however, but then again he deserves it. A lawyer in a case like this is only going to take 5 grand and your bro will be left with the same charges. I received a DUI 2 months after I turned 21, best thing that ever happened to me, couldn't imagine hurting my family or some innocent one's now. I was so f**kin dumb.....

 

[SpottedDogBrewing]

Start going to some AA meetings, that will at least show you are looking for Help. I would guess if this is your first time and the counselor doesn't see you needing any extra help you may not get jail time but a hefty fine up to $1200-1500 plus have to attend a few AA meetings and meet with a court appointed counselor until they feel you are OK.
Wear some nice cloths , get a nice haircut, don't be a dick to the judge or you will get screwed.

 

[bigbeergeek]

Start going to some AA meetings, that will at least show you are looking for Help. I would guess if this is your first time and the counselor doesn't see you needing any extra help you may not get jail time but a hefty fine up to $1200-1500 plus have to attend a few AA meetings and meet with a court appointed counselor until they feel you are OK.
Wear some nice cloths , get a nice haircut, don't be a dick to the judge or you will get screwed.

I'll pass the advice to my brother.

 

[Billy-Klubb]

and next time you see him, punch him in the ear. and hard.

 

[Cathedral]

Wear some nice cloths , get a nice haircut, don't be a dick to the judge or you will get screwed.

This is probably the best advice anyone could ever heed when going to court. I went to court once and the guy who went just before me talked back a little. He got thrown in jail for contempt of court. I went up there and "yes, ma'am" and "no, you honor"ed my ass off. I got off with a $20 fine.

As for the DUI, I was charged with one once. I hired a lawyer that cost me $3000 dollars and did absolutely nothing but keep extending the trial date.* We live in the 21st century--your brothers arrest was caught on multiple cameras and microphones. The best thing he can do, IMO, is to just be humble, admit guilt, and take what he deserves. He will be fined out the ass and might have to do a week in county, but that's not a big deal. He WILL lose his license but can get work priveleges. All in all the first DUI isn't bad. I've been through worse.

*side story: ironically, during the time he kept extending the date, the cop who arrested me was fired for police brutality. Thus, he couldn't show up to testify against me and I was let go. Then, even more ironically, the DUI lawyer later lost his license, and was sent to jail, for scamming his clients. Isn't life grand?

 

[user 30639]

As for the DUI, I was charged with one once. I hired a lawyer that cost me $3000 dollars and did absolutely nothing but keep extending the trial date.* We live in the 21st century--your brothers arrest was caught on multiple cameras and microphones. The best thing he can do, IMO, is to just be humble, admit guilt, and take what he deserves. He will be fined out the ass and might have to do a week in county, but that's not a big deal. He WILL lose his license but can get work priveleges. All in all the first DUI isn't bad. I've been through worse.

*side story: ironically, during the time he kept extending the date, the cop who arrested me was fired for police brutality. Thus, he couldn't show up to testify against me and I was let go. Then, even more ironically, the DUI lawyer later lost his license, and was sent to jail, for scamming his clients. Isn't life grand?

This is bad advice. Do not listen to this. Hire an attorney. If you cannot hire an attorney, see about getting a court appointed one. There is no reason whatsoever to go in and plead guilty if you don't have to.

It sounds like Cathedral beat the charge because his attorney kept delaying. So instead of having a conviction on his record like he would have if he followed his own advice, he beat the rap.

 

[hoppyhoppyhippo]

Find a lawyer he can afford or at least get a public defender. Cannot represent yourself. He could be looking at severe fines, loss of license, jail time, etc.

I agree going to AA meetings is a good step in the right direction, the fact that there wasn't an accident is semi-mitigating, and I think he should offer to have an Interlock Ignition Device at his hearing but it may be required anyway so it wouldn't make a difference.

this site has some very basic information and potential lawyer contact

http://dui.drivinglaws.org/california.php

 

[Beerrific]

Every state is different in terms of what having lawyer can and can't do, but you really should convince your brother to at least sit down with a DUI lawyer and discuss his options. In the long run, begging for or borrowing the cash for lawyer may pay off.

 

[SittingDuck]

Attorney. Seriously. If he had limited funds, work out a loan or a payment plan. DUI attorneys do this all day, every day. They know the arguments to get you less punishment, they know the prosecutors and can work out better deals, they know how to cross examine police and exclude improper evidence.

Your brother is guilty and deserves punishment, but that doesn't mean he shouldn't get the best deal he can. Consider the attorney fees pay of hits penance.

 

[Cathedral]

This is bad advice. Do not listen to this. Hire an attorney. If you cannot hire an attorney, see about getting a court appointed one. There is no reason whatsoever to go in and plead guilty if you don't have to.

It sounds like Cathedral beat the charge because his attorney kept delaying. So instead of having a conviction on his record like he would have if he followed his own advice, he beat the rap.

I did beat the rap, because I got lucky. The cop got fired, how was I supposed to know? But what I do know is that I hired a lawyer, paid thousands of dollars, and literally all he did was go to court and say, "You're honor, we need to postpone the trial date." He did nothing else.

Now, your right. He should get a court appointed lawyer. I'm sorry, I didn't mean to imply that he shouldn't--I was just saying that DUI lawyers aren't worth the money. But I suppose everyone has anecdotal evidence from their own life experience and we can all say what we want.

Truth be told, OP, if you're serious about helping your brother out, I hope you're doing a lot more legwork than just asking for advice on a forum. Remember, on the internet, we're all "experts."

 

[sundaypapers]

My brother got a DUI. He lives in Texas. Don't know what he blew but he hit a parked car and when the cop asked him how much he had to drink, he said "a lot, sir", so at least he was honest, and respectful.
He ended up getting a lawyer, the court stuff went on for over a year, ending up in about 5000 in lawyer fees and about 3000 in fines, plus 200 hours community service, and a breathalyzer on his truck, that he had to pay for, not cheap, plus those things run your battery down, he replaced it twice I think.
It's finally over, but, yeah, it's not a good situation to be in. The thing with him was that the judge decided to make an example out of him and make him pay for what he did. Granted, he deserved it all and more but it's really something that you can't predict how the law will respond to. Good luck and hopefully he learned something out of it.

 

[mattd2]

I do! I always laugh at that quote.... "A man who represents himself, has a fool for a lawyer" or however it goes.... But any who, because he blew so high, and probably told the police everything at the police station, have him go to the first court date, and plead not guilty, so that he can look over exactly what they are charging him with, with some time and peace. Then, when the second date arrives, if the charges seem legit and he knows he is responsible for those charges (not some other crazy charges they sometimes add to reem you) then go to the court date as determined, plead guilty, and get what you deserve. Jail is not that bad, the money they take from you is however, but then again he deserves it. A lawyer in a case like this is only going to take 5 grand and your bro will be left with the same charges. I received a DUI 2 months after I turned 21, best thing that ever happened to me, couldn't imagine hurting my family or some innocent one's now. I was so f**kin dumb.....

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 ), 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).

 

[Billy-Klubb]

OMG listen to all these internet peeps.I'll bet everyone of us has been over .2 and got "lucky" and made it home safe and sound sometime in our lifes

I have known a lot of people that have, but I refuse to drive if I had 1 beer. I've known too many people on the wrong end of a drunk driver.

 

[iaefebs]

Not familiar with CA laws but here in MI anything .17 or above for first offense is charged as "superdrunk" and penalties are much harsher. Always, always , always, plead "not guilty" at pretrial. If you make a guilty plea the court will look at you like you are an idiot. It actually disrupts the schedule for the day. If you can't afford an attorney the court will appoint you one. If the penalties in CA are harsher for .17 and above and he read a .20 a public defender will get it reduced. The main advice is at pretrial plead "not guilty" it won't affect anything. It is what you are supposed to say.

 

[whoaru99]

I'd have to agree. Guilty as he may be, pleading guilty is almost certainly the last thing you want to do. That's like playing Russian Roulette with 6 rounds in the cylinder.

Long term costs of DWI (high risk insurance, etc. etc.) can add up to a lot more than the lawyer fees.

 

[user 30639]

I did beat the rap, because I got lucky. The cop got fired, how was I supposed to know? But what I do know is that I hired a lawyer, paid thousands of dollars, and literally all he did was go to court and say, "You're honor, we need to postpone the trial date." He did nothing else.

Now, your right. He should get a court appointed lawyer. I'm sorry, I didn't mean to imply that he shouldn't--I was just saying that DUI lawyers aren't worth the money. But I suppose everyone has anecdotal evidence from their own life experience and we can all say what we want.

Hell, maybe your lawyer knew that officer had an investigation into him going on and that's the reason for the delay. Who knows.

Of course, it's pretty easy to say DWI lawyers aren't worth the money. I mean, most people are experts in the laws regarding traffic stops, proper use of FSTs, blood draw warrants, 4th amendment issues, plea bargain negotiation, jury selection, effective cross examination of a police office, etc,.

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.

If you're at arraignment and you refuse to enter a plea, the court will consider it a plea of not guilty. Just because a person enters a plea of not guilty, doesn't mean that they can't plead later if they get a plea bargain deal.

The amount of bad advice in this thread, outside of "get a lawyer" is staggering.

 

[whitehause]

Like the above poster said, most states have different "levels" of DUI from just over....08 to .12 or so .13 to .19 then the bad one .20 plus.(your state may vary). On the plus side, no accident,other vehicle,or injury involved.

Get some form of representation, and let them do their job.

It's not good, but not the end of the world either.

 

[mattd2]

Not familiar with CA laws but here in MI anything .17 or above for first offense is charged as "superdrunk" and penalties are much harsher. Always, always , always, plead "not guilty" at pretrial. If you make a guilty plea the court will look at you like you are an idiot. It actually disrupts the schedule for the day. If you can't afford an attorney the court will appoint you one. If the penalties in CA are harsher for .17 and above and he read a .20 a public defender will get it reduced. The main advice is at pretrial plead "not guilty" it won't affect anything. It is what you are supposed to say.

Edit after Texas's post: Ok so I see you actually can't just not enter a plea. In NZ I think you have 3 options:
Guilty - go straight to sentencing
Not guilty - go to trial
No plea - State what you are waiting on and a new court date be set to enter a plea

Wow, not knowing the US legal system it sounds wack that you turn up to court without knowing what you are going to face. Now that I see this is the pretrial, it makes a little bit more sense. But can't you just not enter a plea? Just doesn't make sense that you basically have to say "nah, I didn't do that" and then at the actual trial turn around and say "actually yeah I did, I just didn't want you to sneak anything past me the first time".
Anyway away from legal reform...

These are the things I was saying a lawyer will know, in your example the law says someone with a 0.18 is exactly the same as someone that is so intoxicated they are actually nearly dead from it. But a lawyer will be able to argue, with pass case examples (thats the big point), that no it is more like some that blew a 0.16 and he should be treated more like that guy.

 

[iaefebs]

Wow, not knowing the US legal system it sounds wack that you turn up to court without knowing what you are going to face. Now that I see this is the pretrial, it makes a little bit more sense. But can't you just not enter a plea? Just doesn't make sense that you basically have to say "nah, I didn't do that" and then at the actual trial turn around and say "actually yeah I did, I just didn't want you to sneak anything past me the first time".
Anyway away from legal reform...

These are the things I was saying a lawyer will know, in your example the law says someone with a 0.18 is exactly the same as someone that is so intoxicated they are actually nearly dead from it. But a lawyer will be able to argue, with pass case examples (thats the big point), that no it is more like some that blew a 0.16 and he should be treated more like that guy.

Yes our system is like that. What happens is you get arraigned, and that is a first pretrial. You get all the paper work pertaining to your arrest. Then you negotiate with the prosecutor for a favorable sentence. If you work out a deal you go to the second pretrial and plead guilty, if you can't work a deal you schedule a court date. You can ask for a jury or the judge to listen to the case. A no plea or standing mute here gets entered as a not guilty plea and is no real advantage or difference than pleading not guilty.

 

[day_trippr]

Get him Lindsay Lohan's lawyer and he'll walk...

Cheers!

 

[mattd2]

Yes our system is like that. What happens is you get arraigned, and that is a first pretrial. You get all the paper work pertaining to your arrest. Then you negotiate with the prosecutor for a favorable sentence. If you work out a deal you go to the second pretrial and plead guilty, if you can't work a deal you schedule a court date. You can ask for a jury or the judge to listen to the case. A no plea or standing mute here gets entered as a not guilty plea and is no real advantage.

Makes a bit more sense. Only thing that doesn't is them actually asking for a plea at the first pretrial. As someone said before it throws them out of whack if someone ever pleads guilty at first pretrial, probably make sense for the judge to just "assume" that the plea is not guilty and never ask the question
Sorry for getting off topic.

Just reading through the CA DUI website.
First offense is up to 6 months jail, up to $1000 fine plus penalties.
0.2 is 2.5x the legal limit I would expect him to be getting close to the maximums if he does not have anyone fighting in his corner.

 

[Beer_me_plz]

Preface: I say you but I mean your brother


Admit nothing, deny everything, delay delay delay. At least that's what one of my ******* lawyers told me. I've been down that road. Twice. I know...I'm an idiot. Here's my best advice. Look in to the DUI laws. I got mine in Louisiana. we have article 894 which is a freebie...sorta. You pay the fine, do some community service, and see an alcohol councilor and it wont go on your record. Plan on having to do this anyway so do all of this AHEAD of time. Have your paperwork ready when you go in to see the judge. It may work it may not. It will at least show the judge you're not entirely irresponsible. If you blew well don't bother pleading not guilty. There are circumstances where it would be a good idea but 0.2 is...well hammered. You can get a public defender but it will be dragged out for a LONG time. Without a lawyer best thing to do is get past this as quickly as possible. If you express to the judge that you messed up and you want to get this behind you as quickly as possible he will see that. But It all comes down to the judge and how he's feeling. The most important thing that will save you is to present yourself as a stand up individual. Iron your shirt cut your hair and nails and for god sakes get some decent shoes. stand out from the riff raff in the courtroom. $hit happens to good people and judges know that. Plus you got 12 hrs in the drunk tank. That counts for something. Good luck man. Hope this helps. There is one caveat. A good public defender did get my friend off on careless and wreck less BUT he didn't blow.

Unless you are 100% sober. NEVER BLOW!!! You basically give the cops the keys to lock you up.

 

[shelly_belly]

From the 2013 California Driver Handbook

Court Dui Convictions

If you are convicted of Driving Under the Influence (DUI) of either alcohol and/or drugs or both, and you have an excessive BAC level,you may be sentenced to serve up to six months in jail and pay a fine between $390—$1,000 (plus about three times the fine in penalty assessments) the first time you are convicted. Your vehicle may be impounded and is subject to storage fees.

On the first conviction, the court will suspend your driving privilege for six months and require you to complete a DUI program before your driver license can be reinstated. The length of the program may vary. If your BAC is 0.15% or higher, and you already have a record of violations for other reasons or you refuse to submit to a chemical test, the court may order you to complete a nine-month or longer program. If your BAC is 0.20% or higher and the court refers you to an enhanced DUI treatment program, your driver license will be suspended for 10 months. You could also be required to install an ignition interlock device (IID) on your vehicle. A court may also order you to install an IID if your BAC is 0.15% or higher, you have two or more prior moving violations, or you refuse a chemical test at the time of your arrest. An IID prevents you from starting your vehicle if you have any alcohol on your breath. If anyone is injured as a result of your DUI, the suspension period is one year.

Effective July 1, 2010, through December 31, 2015, all first time and repeat DUI offenders convicted in Alameda, Los Angeles, Sacramento or Tulare Counties are required to install and maintain, for a specific period of time, an IID on all vehicles they own and operate and pay a $45 administrative service fee to reinstate their driving privileges (CVC §23700).

In cases involving serious injury or death, you may be punished under the California Three Strikes Law. You may also face civil lawsuits. All DUI convictions will remain on DMV’s records for 10 years. The courts and/or the DMV may impose more stringent penalties for subsequent violations during that period.

A BAC below legal limits does not mean that you are safe to drive. Almost all drivers show impairment by alcohol at levels lower than the legal limit. The impairment you exhibit at the time you are stopped may be enough to convict you of a DUI even without a BAC measurement.

Drivers 21 and Older —DUI Programs and Restricted Driver Licenses

The completion of a Driving Under the Influence (DUI) program is required for all DUI convictions. Generally, if you are over 21 years of age, enroll in a DUI program, file a California Insurance Proof Certificate (SR 22), and pay the restriction and reissue fees, the DMV will issue you a restricted driver license, which allows you to drive to/from work and during the course of employment (unless you hold a commercial driver license) and to/from a DUI program. However, if you are considered a “traffic safety” or “public safety” risk, if permitted to drive, the court may order the DMV to not grant you a restricted driver license. Other actions against you may also prohibit the issuance of a restricted driver license.

Second and subsequent DUI convictions result in increased penalties, including a two-year suspension or a revocation of up to four years. After you complete a prescribed period of your suspension/revocation and either enroll in, or complete a portion of, a DUI program, you may obtain a restricted driver license to drive anywhere necessary, if you:
• Install an IID on your vehicle.
• Agree not to d rive any vehicle without an IID.
• Agree to complete the prescribed DUI program.
• File an SR 22.
• Pay the reissue and restriction fees.

 

[libeerty]

A DUI is a criminal charge, and thus your brother can get a court-appointed public defender at little or no cost. Honestly, as an attorney, I can say there is some really bad advice in this thread, and your brother's best bet is to sit down with a public defender at the very least. He needs real legal advice. I know these people are trying to be helpful, but...

 

[iaefebs]

Makes a bit more sense. Only thing that doesn't is them actually asking for a plea at the first pretrial. As someone said before it throws them out of whack if someone ever pleads guilty at first pretrial, probably make sense for the judge to just "assume" that the plea is not guilty and never ask the question
Sorry for getting off topic.

Just reading through the CA DUI website.
First offense is up to 6 months jail, up to $1000 fine plus penalties.
0.2 is 2.5x the legal limit I would expect him to be getting close to the maximums if he does not have anyone fighting in his corner.

Around here you have to be arraigned quickly. The arraignment day is just to show you the evidence and to make sure you understand your rights. On a typical day of arraignment the court is processing a huge amount of cases, it can be drunk driving, foreclosure, domestic abuse, assault.... anything. It is just used to get the process started. The courts can not enter a not guilty plea for everyone because it's our laws. Because of the number of cases scheduled for that day any hiccup, a person pleading guilty slows the agenda for the day. The court prefers that you hire an attorney prior to the first pretrial so that you don't even have to show up to make a plea.

 

[Beer_me_plz]

This is bad advice. Do not listen to this. Hire an attorney. If you cannot hire an attorney, see about getting a court appointed one. There is no reason whatsoever to go in and plead guilty if you don't have to.

It sounds like Cathedral beat the charge because his attorney kept delaying. So instead of having a conviction on his record like he would have if he followed his own advice, he beat the rap.

This was what my second attorney was going for. But first of all you have to afford one to get those "privileges" unfortunately a court appointed attorney is often time close acquaintances with the judge and that won't fly. Even my admit nothing, deny everything delay DELAY DELAY! lawyer didn't do anything but lighten up my bank account.

Suck it up. Pay the piper and don't do it again. It's his first one. I highly doubt jail time will be in his future.

 

[CityOChampBrew]

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!

just tell him "Bend over buttercup"

 

[libeerty]

This was what my second attorney was going for. But first of all you have to afford one to get those "privileges" unfortunately a court appointed attorney is often time close acquaintances with the judge and that won't fly. Even my admit nothing, deny everything delay DELAY DELAY! lawyer didn't do anything but lighten up my bank account.

Suck it up. Pay the piper and don't do it again. It's his first one. I highly doubt jail time will be in his future.

Maybe you ran into a ****ty situation, but this advice is terrible. It is one thing to give advice about brewing beer based on anecdotal evidence, but it is something far different to give legal advice based on anecdotal evidence.

 

[Beer_me_plz]

Attorney. Seriously. If he had limited funds, work out a loan or a payment plan. DUI attorneys do this all day, every day. They know the arguments to get you less punishment, they know the prosecutors and can work out better deals, they know how to cross examine police and exclude improper evidence.

Your brother is guilty and deserves punishment, but that doesn't mean he shouldn't get the best deal he can. Consider the attorney fees pay of hits penance.

Dude this isn't CSI Miami. He blew, he's guilty. Short of the machine not being calibrated properly there is very little a lawyer can do. Aside from the cop getting fired I guess...