DUI Court?

Question

Ok, I live in Alabama and got a DUI a month or so ago. I only had one beer and it was in the car with me. I refused the breath test because I was told that I could get a DUI with one beer and that it was best to not blow and go to court because I have a fighting chance. Is this true? Also if I cannot afford a lawyer will they give me one? If I end up guilty with pleading not guilty make it worse on me? Thanks ahead of time!

Answer 1

In some states, you automatically lose your license for refusing the breath test. In some states, you may not be convicted of a DUI unless they have a blood, breath or other test to prove it.

You need an attorney, no matter what. If you cannot afford one, you will need to file an affidavit with the court indicating "indigent status" and usually, a public defender will be assigned to you.

Don't be stupid, get an attorney no matter what.

Answer 2

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Answer 3

From what you said, you probably got arrested for open container. You probably were not guilty of DUI and if you REALLY only had one beer, they cant prove it without a blood, breath or urine test. Refusal is often grounds for losing your license.

If the officer testifies that in his or her opinion you APPEARED to be intoxicated, you can be convicted of a lesser offense like driving while impaired. But bascially you are just as sc^rewed. And who was the genius who said it's better to not to take the breathalyzer? Did it ever occur to you that it most likely would have shown you were NOT over the limit?

Someone mentioned that you have an absolute right to plead not guilty. That IS correct. However, some DA's will push for stiffer penalties when you go to trial. But in DUI cases, the penalties are fairly routine. If you really were arrested DUI and not some other charge, and you really drank one beer, you should contest it. But you should get a lawyer. The state has to provide one for you.

Answer 4

You cannot be punished for pleading not guilty. You have a constitutional right to a trial. You can insist that the State prove its case beyond a reasonable doubt.

Refusing the breath test is a bad idea, however, if you are not intoxicated. The State is entitled to a jury instruction that you refusal to take a breath test may be considered by the jury (under the various states' "implied consent" laws). So the jury is allowed to look at your refusal and presume you were "under the influence." Then you have the burden to prove that was not the case.

If you cannot afford a lawyer, the court will appoint a lawyer to defend you (mandatory if you face a potential term of incarceration).

Answer 5

My God, yes, you have to go to Court! Don't even think about not showing up! Then you'll have a bench warrant issued for your arrest and have 2 convictions instead of one. DUI is a serious offense. Go to Court. Tell the Judge you're truly sorry; you'll never do it again and start attending AA today even if you don't think you're an alcoholic. Give the Judge a reason to give you a break. In my state, you'd serve 3 days in jail no matter what. GO TO COURT!

Answer 6

Nealy all people plead "Not Guilty" at their initial hearing to have time to consult with a lawyer.

Unless you indigent or making only minimum wage, you most likely will not qualify for a public defender (you can indicate that you cannot afford an attorney when you make your "Not Guilty" plea in Court and will be referred to the Public Defender's office and they will have you fill out paperwork to see if you qualify; if not, it is up to you to find your own attorney at your own expense).

As Alabama is an implied consent State, as you refused the breath test when directed to do so by the police, your driver's license will be be suspended for 90 days.

The prosecution will seek to offer your refusal to submit to the test as evidence of your consciousness of guilt and you will need a good DUI attorney to refute this.

Answer 7

Criminal Record Search Database - http://InfoSearchDetective.com