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

[EPS]

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.

 

[bigbeergeek]

Yeah. And the epic fail starts with the "I'm asking for legal advice ON A BEER FORUM for my brother."

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 **** themselves.

 

[mattd2]

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.

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.

 

[adam62cb]

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!

 

[Zamial]

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.

 

[AVLbrewing]

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...

 

[Barnesie]

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.

 

[plumber_bob]

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.

 

[zeg]

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.

 

[HolyKrausenBatman]

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.

 

[markm2151]

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.

 

[jakenbacon]

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).

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....

 

[dpark]

Admit nothing, deny everything, delay delay delay.

Denying factual information seems like a good way to get a perjury charge thrown in.

"Keep your mouth shut" sounds like a safer plan.

 

[jakenbacon]

It might be worth it, it might not..

Wow... Good luck partner lol, ya I guess with 5 grand we can play 'might or might not' .........

 

[jakenbacon]

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.

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

 

[mattd2]

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....

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?

 

[carbonzx]

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.

 

[Socalsleeper]

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.

 

[carbonzx]

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.

 

[brick_haus]

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.

 

[befus]

Only one thing to add, which may not even be an issue in CA, here if you do not file a plea (or some similar thing) within the first week you lose the ability to get a 'to work and back' driving permit after it is over. Make sure he asks someone there if he needs to take some action in order to avoid losing some available options according to CA statutes.

 

[steelbadgers89]

1. Get a lawyer. Court-appointed or otherwise. A decent lawyer will work with the DA to reduce your brother's sentencing. There's no reason not to have one. The total expenses may be higher, but the risk is substantially lowered.
2. Stop advertising his guilt.
3. Don't plead guilty. Cops overreach all the time on charges, hoping that they will be uncontested.
4. Respect the judge. Dress nicely for court, try as hard as possible to not look like the rest of the rabble in the courtroom. Look like you don't belong.
5. Tell him to STOP drinking and driving. ****'s unsafe.

 

[dkwolf]

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.

Haven't read the entire thread yet, but want to comment on this one.

There is such a thing as "Implied Consent", meaning they don't have to ask you - in essence, if you choose to drive, you consent to being tested for impairment. (Iowa has the same law in place for hunting & fishing: By the simple act of participating in a hunting/fishing activity, you are legally required to show your license and/or catch to any conservation officer, for any reason) If you refuse to blow, you are automatically arrested and taken to jail where they WILL do a blood test on you. You don't help yourself out at all, and when it gets put on paper, it looks like you were uncooperative from the word go.

 

[Dutch218]

If you refuse to blow, you are automatically arrested and taken to jail where they WILL do a blood test on you. You don't help yourself out at all, and when it gets put on paper, it looks like you were uncooperative from the word go.[/QUOTE]

I got a DUI in PA 12 years ago when I was 19. I got a lawyer and it was a great help. She got me something called ARD ( can't remember what they stands for at this point). Basically I lost my license for a month, went to 6 classes, and paid a grand in fines. She was only 2K so it wasn't as bad as it could have been.

So if you do not consent to the breathalyzer they can still charge you with DUI but they have to prove it which is very hard. They cannot make you take a blood test. You have a 4th amendment to thank on that. However, at least in PA, if you refuse the breathalyzer you are going to lose your license for a year. So the question is do you want a DUI on your record and no license for a month or two, or no license for a year?

 

[Barnesie]

So if you do not consent to the breathalyzer they can still charge you with DUI but they have to prove it which is very hard. They cannot make you take a blood test. You have a 4th amendment to thank on that. However, at least in PA, if you refuse the breathalyzer you are going to lose your license for a year. So the question is do you want a DUI on your record and no license for a month or two, or no license for a year?

This has nothing to do with the 4th amendment.

You are legally compelled to submit to blood or breath testing if you are arrested under the suspicion of a DUI, if you refuse you are in violation of the law (a violation in addition to your DUI arrest). The reason why there is a blood test is to test people that are physically incapacitated or otherwise can't perform the breath test, it isn't to forcibly test people that refuse to blow (except in the cases of vehicular homicide).

The laws on refusal vary from state to state, but refusing to submit doesn't wipe out a DUI charge, it's admissible evidence against you if they choose to prosecute. They can still charge you without any breathalizer test at all, it just strengthens their case against you and removes almost any possible doubt in the eyes of the court. The arresting officer's testimony is enough to convict in a lot of cases.

It's important to note that DUI is a STATE law, not a national one and advice or experiences in one state will not always translate to the laws of another state.

There is so much bad advice on this thread, it's staggering.

 

[kombat]

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

In my jurisdiction (Ontario, Canada), the penalty for "refusing to provide a breath sample" is the same as blowing over 0.08%.

They'll arrest you anyway, then draw a blood sample at the station/hospital.

 

[EPS]

These people who keep saying they can force you to give blood in a simple DUI case is crazy! If probable cause exists yes the officer can get a warrant to take your blood by force. They will not get a warrant unless theres a accident or injury involved. Now yes refusal to blow your license will be suspended upon refusal witch is a catch 22 cause your license is suspended soon as your in handcuffs for DUI. Refusal is just an auto 1 year suspension compared to maybe 6months. Yes that seems worse then just blowing. But if you care about a charge on your criminal record witch is priceless to most people. Then the only chance you have to beat DUI is to not blow. The law can't just run around making people give breath and blood test with no probable cause just because there gut tells them your drunk. Why do you think they don't test everybody at the DUI check points because its not legal. when injury is involved its a whole diff ball game there are laws in place to protect me and you from getting screwed by a drunk driver. But going around making people give blood after you pulled them over because your a cop and you feel this person is drunk is preposterous.

 

[pickles]

If you blow, then there's proof. Never ever blow if you want a chance to defend the charge. Refusal is automatic suspension,but a lawyer at least has something to work with to try to get wreckless operation or other lesser charge, which would overturn or lessen the suspension. In response to the OP, your brother needs a lawyer! Yeah it's expensive, but so are the costs associated with a DUI (fines, impoundment, paying to get license back, special license plates, alcohol classes, etc). Not to mention the ancillary effects caused by a DUI on your record.

 

[Varmintman]

I read about half the thread and am truly disappointed with the state of humanity. During the 70's I believe there was a show where they said "If you cant do the time don't do the crime". Honestly where has the world got off thinking that the OP's brother should get ANY kind of leniency. The guy was rip roaring drunk and driving on the roads endangering the lives of innocent people.

If he was a man and manned up and accepted the consequences of his actions and changed them so he does not kill anyone anytime soon I would at least have a little respect for him. I have no respect for anyone though who breaks the law knowing that what they are doing is wrong and then trying to get off easy.

 

[dkwolf]

If you blow, then there's proof. Never ever blow if you want a chance to defend the charge. Refusal is automatic suspension,but a lawyer at least has something to work with to try to get wreckless operation or other lesser charge, which would overturn or lessen the suspension. In response to the OP, your brother needs a lawyer! Yeah it's expensive, but so are the costs associated with a DUI (fines, impoundment, paying to get license back, special license plates, alcohol classes, etc). Not to mention the ancillary effects caused by a DUI on your record.

If you DON'T blow, you'll be arrested under suspicion of DUI, and by the time you get to the jail, they will have a search warrant to force you to submit a sample - either by breath or blood (or both). And when you show up in court, they have another thing to use against you -- and in some states, charge you with.