My wife recently was arrested for a DUI, first time she has ever been in trouble with the law. On top of all the other expenses, fines, license, insurance etc. What is the risk of going through it alone. Instead of retaining legal council???
2007-02-03 05:46:25 · 9 answers · asked by bob n 1 in Food & Drink ➔ Beer, Wine & Spirits
Bob, I never got one myself, but I know 3 people that have. I am sorry to hear about this, but the reality is, the laws have gotten stringent enough that 2 drinks with dinner are enough to get you in big trouble. I'm not sure what your wife had, but it's a moot point.
The reality is, you need a lawyer, and hopefully you live in a area big enough where someone that specializes in DUI cases is available.
If you don't get a lawyer, the odds of the conviction going on her record are much much higher. This is what you want to avoid. It would affect career options in the future, insurance will become very expensive, it could affect the ability to obtain licenses required for her job, etc, but mainly, once you have one strike, then, the ramifications of what happens if she gets another one become an order of magnitude more severe than the first time. The first time will probably be a big fine. The second time, she would probably lose her license for up to a year, and will be lucky if she can get a hardship license that will allow her to drive to work and back. If she violates it, she could get prison time. If she were to get three, she would almost certainly do prison time. I know someone that got two when they were young and wild. 9.5 years later, and a couple of strong drinks with dinner, she gets pulled over for a minor traffic infraction. It's late on a weekend night and the officer decided to give her a breathalyzer test, which she did not pass. It's under 10 years, she had 2 strikes already, and was sentenced to a year in prison. She served much of it. Eventually her lawyer got her into a home arrest and work program, but it was hell and expensive.
In my humble opinion, you need to do everything possible to fight this right from the get-go.
Here's something to remember for the future:
You don't need to be over the limit. The laws are structured and worded so that it's basically up to the judgment of the cops on the scene, and if you blow a .04 on the breathalyzer, and they decide you are guilty, you are guilty, and nobody downstream will be sympathetic. I know this is true beyond any shadow of a doubt, so, please believe me.
Breathalyzers are notoriously innaccurate, and blood tests aren't that much better. We are talking about errors as great as 20% without being questioned. So.. if you know you could drink 3 beers with your bodyweight and still be ok, that's great, but if you have 2 and get pulled over, and the breathalyzer is wrong, toooo bad, so sad. I know this to be true because I have known people that worked in blood labs doing these tests. Their equipment is just not that perfect sometimes.
I don't condone driving over the limit, but at the same time, there's a limit for a reason. For the people that enjoy a drink or two with dinner and weight 250, and can't even feel the alcohol, it should not be a problem, but our society has made anything below the limit a crime where you are guilty until proven innocent, and that's not going to happen either, and God help you if you are in an injury accident, even if it was unavoidable.
I have found that my best policy for peace of mind is to simply see a movie after a dinner with drinks. I go someplace in walking distance from a theater, or I drink at home. I'm just too paranoid to do anything else.
Good luck with this. I hope you get a lawyer and hopefully it will work out with a minimum of bad outcome and some heightened paranoia in the future. - Kevin
2007-02-03 06:17:41 · answer #1 · answered by Kevin 6 · 2⤊ 0⤋
No it is not necessary. Especially on the first D.U.I... Here is the way it will go, if you hire an attorney your court cost might be a little lower but you pay more for the attorney then you will save. If you don't have an attorney you will pay more on the courts end but you will save a lot more because an attorney will charge anywhere from 450 ( for a junkie one ) up to 1500. On first time drunk driving they are not known to give jail time unless someone other then the driver was hurt. She will probably be ordered to probation and to attend A.A. meetings for 90 days and fined about 750 after all the stuff is added up. Talk to the prosecuting attorney before she goes in front of the judge and ask for a lesser plea, maybe driving while visibly impaired. Another factor is how did she act when she got pulled over, was she hard to deal with of was she cooperative, they will look at that when they consider making a plea of the lesser. But the bottom line is no I would not suggest she get an attorney for a first time offense but if it ever happens again then YEP get one because a second one usually means a lil jail time.
2007-02-03 06:03:32 · answer #2 · answered by darin s 4 · 0⤊ 0⤋
DUI is a very bad crime, yes a crime,
there are people in jail who robbed a bank will be treated better than her, Mother's against Drunk drivers have made it impossible to escape the law. if she doesn't get a lawyer she may wish to quit driving, her insurance will be so expensive and so restrictive of the next ten years it may be worth turning in the driver licence, so without any other thought get a lawyer, no other idea will work. what a meant about a bank robber when they finish their time served they are not fined as your wife would be and you also will have to pay more because your insurance will know she could take the car again without permission, oh they are so ruff on drunk driving charges by getting a lawyer he may be able to stabilize the charges and create a better final decision by the judge.
get a lawyer
2007-02-03 06:19:30 · answer #3 · answered by t-bone 5 · 0⤊ 0⤋
I totally agree with BEER on this one. First offense is a fine and loss of driving privileges. The fine will be alot less than hiring an attorney. Just went through it so I know.
2007-02-03 06:10:11 · answer #4 · answered by John A 2 · 0⤊ 0⤋
I would absolutely hire an attorney. An attorney can negotiate on her behalf whereas she would probably get a stronger sentence if she were to go it alone.
2007-02-03 05:52:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋
get an attorney, try plea bargaining and court supervision. Hopefully she was just barely over the legal limit hereit is .08
2007-02-03 08:32:03 · answer #6 · answered by SIDECAR 3 · 0⤊ 0⤋
No it's not absolutely necessary. But at least consult with a lawyer. Most law offices give one free consultation visit. It could save you a lot of grief.
2007-02-03 05:53:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Hire an attorney! She might get a lighter sentence and better advice.
2007-02-03 05:49:23 · answer #8 · answered by katie d 6 · 0⤊ 0⤋
My friend went through that and I would suggest an attorney, especially these days, first time, second time, 8th time they come down on you hard. There is too many cases in their eyes so first is just as bad as your 8th....
Good luck
2007-02-03 05:51:10 · answer #9 · answered by flightpillow 6 · 0⤊ 1⤋