I also refused the breathalyzer test but submitted to a blood test I was wondering if I hire a lawyer will I recieve the same sentence in court if i don't bring one?
2007-01-30 02:13:17 · 12 answers · asked by Johnny T 2 in Politics & Government ➔ Law & Ethics
Do it on your own. In fact, show up in court in the SAME condition as when you were pulled over, to show the Judge that you weren't drunk!
Challenge the blood test by saying that wasn't your blood - your vindictive ex-girlfriend MUST have dione a full transfusion on you while you were asleep.
Okay, sarcasm OFF.
The idea of hiring a lawyer is that the lawyer should be able to present your case well-enough to the prosecutor to get an offer that is BETTER than what you risk by having a trial.
Pick a lawyer who has a good background in DUI trials (even if you never plan on going to trial). May be more expensive, but you get what you pay for.
And DON'T do anything STUPID like drive during the period your license is suspended (which is probably is, for refusing the breathalyzer, depending on your state). If you NEED to drive, ask the Court for a "hardship" or "restricted" license (if one is possible. See? Hiring that lawyer is looking pretty handy, huh?)
2007-01-30 02:28:32 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You sort of screwed yourself when you submitted to the blood test unless you thought that you were under the legal limit...Had you not done that all that you could be charged with was "failure to take a chemical test" or something to that effect...It would of resulted in a AUTOMATIC suspension (6 months in most states, 1st offense), BUT you wouldn't of had to do any alcohol classes or the other "activities" that are sentenced in a DUI case...With that said your best course of action may be to just ask to be appointed a public defender (if your a young person w/o a solid job or a student this is easy), because the sentences for a DUI are pretty standard for a 1st offense as long as there is no extenuating circumstances ( previous reckless driving, this DUI resulted in an accident, ect...)...Now if you do find an expensive, connected enough lawyer I have seen people have everything from charges dropped (which would of been easy if you didn't take the blood test) to the standard (~$2000 fine, victim impact panel, and completion of alcohol education classes)...So unless this is an case with special circumstances, it may be best to save your money and try to get the public defender..gl
2007-01-30 04:04:07 · answer #2 · answered by Dan O 1 · 0⤊ 0⤋
Did you submit willingly to the blood test or did they get a court order and then you "submitted?"
If you refused at the scene and they got a court order than you have a serious problem.
All of this depends on the laws in your state but in many jurisdictions failure to submit to the test (before the order) is a 6 point violation by itself and the court may suspend your license (and you will either pay through the nose for car insurance or they will outright cancel you).
It is worth the attorney because again, depending on the jurisdiction, this could end up costing you major money, loss of a license, job, etc. (the state I live in charges $2000 drivers responsibility charge, 900+ to get your car back, etc.)
2007-01-30 10:00:29 · answer #3 · answered by bouchu77 2 · 0⤊ 0⤋
My honest opinion on this is to use a court appointed duty counsel, and when you see this counsel, tell him you plan to apologize for such a dumb act, and tell the judge the same thing, and really mean it. I am a recovering alcoholic, so I know all about the trouble drinking & driving can cause. It was just the grace of God I never got caught like you. Convince the judge, and mean it, that you got a huge scare over this, and you will seek help for your drinking problem. You may not think you do, but if you were caught behind the wheel of a vehicle in that condition, I would kindly say you have a problem you need to address, now, before you, heaven forbid, kill someone, or yourself, or both. I hope you don't think I'm being too hard on you, but I hate to think about you heading down the road I took for too many years.
2007-01-30 02:29:10 · answer #4 · answered by The Count 7 · 0⤊ 0⤋
Depends on the state, definetly have a consult
with a lawyer and weigh your choices. Bear in mind that lawyers get part of their bad name by "case-shopping". They wait for court dates and your info to go into the public recordand then send scare mail stating how badly you need their services and highlighting the max sentence.
I was very nervous standing in front of the judge on my own, but the fine itself was miniscule compared to the other costs (especially insurance). Having said that, it was the best thing to happen to me, it changed my behavior.
2007-01-30 02:34:33 · answer #5 · answered by Mark P 5 · 0⤊ 0⤋
you might as well pay the lawyer he can probably get it knocked down to reckless driving, if you go alone you will probably get weekends, alcohol classes fines and community services along with 6 month license suspension (mandatory) BMV does it anyways, you may have to have a sr22 form that is sent to the state to prove you have insurance. so yeah get a lawyer, believe me my husband had 3 and each time it cost more and more we were just lucky they were all 5 years apart that is how long it takes because if you get another one within 5 years it is a felony not a misdemeanor.
2007-01-30 03:47:05 · answer #6 · answered by kissybertha 6 · 0⤊ 0⤋
Stop drinking and driving. A lawyer might be a good idea. I don't know if a lawyer will be much help but it want hurt.
2007-01-30 02:18:11 · answer #7 · answered by joevette 6 · 2⤊ 0⤋
you should get a lawyer, depending on the state you live in and what your BAC was, your lawyer will most likely be able to get you a reduction
2007-01-30 02:22:28 · answer #8 · answered by propunk7 2 · 0⤊ 0⤋
you def need to get a lawyer. It's possible he/she can get your charges reduced.
i wouldn't not advise going in there on you own. this is money well spent.
i know several peeps that have had DUI charges/
2007-01-30 02:21:10 · answer #9 · answered by Soula3 4 · 1⤊ 0⤋
How about facing up to the music? Promise to never do it again.
And then, keep that promise! You could easily kill some innocent person.
2007-01-30 02:22:10 · answer #10 · answered by kiwi 7 · 1⤊ 0⤋