How should I plead on a first drunk driving offense?

Question

I recently was charged with a DUI. I wasn't actually driving the car. How should I plea for a first offense on arraignment day?

Theodore W. Robinson · Answer

Always plead not guilty initially in order to see what kind of a case they have  against you and to give you a basis for bargaining with them. If you weren't  driving the car, then it sounds like you may have a pretty good defense.  Consult immediately with an experienced criminal defense attorney.  Good luck.

Seth Bloom · Answer

It would be unethical for us to advise you how to plead without actually serving as your attorney.  You should hire a DWI defense attorney who will be able to work on your defense. It is important to note that in Louisiana the deadline to contest the suspension of your Driver's License for up to 1 year happens 15 days after your arrest.  Because of this type of deadline and filing requirement it is very difficult to attempt to defend yourself against DWI charges without the help of an attorney.

Craig Elhart · Answer

Typically a plea of not guilty or standing mute is a good idea at the initial arrangement.  This gives you and your attorney an opportunity to review the police report for possible defenses.  If you want further information, contact us.

Thomas Tomko · Answer

In short, you should plead NOT GUILTY.  This is true at arraignment in most all offenses.  You should have an attorney explain to your your options after a review of the facts in your case.  Your claim that you were not driving the car needs to be explained and may be extremely important in evaluating your case.  More information is available on my website. If your case is in Macomb, Oakland or Wayne Counties, you may call to arrange an appointment.

Ardalon Fakhimi · Answer

Do not plead guilt without first consulting a DUI lawyer. No-drive defense cases, as they are commonly referred to, have very high success rates at trial.  Of course, the facts of your particular case will determine how likely you are to prevail.

Jules N. Fiani · Answer

You should plead not guilty. This is a matter where you need an attorney to reduce the sentence for you. You should ask this question to your lawyer or he/she was unable to answer it, it may be time to find a new one.   Visit my website for more information.

Andrew Subin · Answer

If you weren't driving, you are not guilty of DUI.  You should plead not guilty at arraignment and get a good lawyer.

Eric Chandler · Answer

You should plead not guilty and speak with a lawyer before taking any further action.  How you end up proceeding with your case will depend strongly on the facts.

Eric Sterkenburg · Answer

Plea not guilty and then talk with an attorney.

Seyyed Sharifi · Answer

Plea not guilty. Then hire a good DUI lawyer as soon as you have the chance.

Thomas Mueller · Answer

If you were not driving you are not guilty and should plead not guilty. It is  always best to see a good lawyer in this situation. For more info or a free quote  call us.

Michael Palumbo · Answer

You need to retain counsel well versed in DWI law, such as our law firm. Understand 2 things (1) DWI is a CRIME, and (2) the relevant consideration is not whether you were "driving" a car, but "operating" a car within the meaning of  the law. We can be reached toll free for a no obligation, free phone consultation.

Scott Hilderman · Answer

You should plead not guilty and then talk to a lawyer.

Daniel Larin · Answer

Plead "Not Guilty" and then hire an attorney.  If you were not driving you should not be convicted of DUI.  Drunk Driving in Michigan requires that the person actually drive the vehicle while intoxicated.  Simply sitting behind the wheel with the keys in the ignition is not enough for a conviction.

Leonard Harden · Answer

If you plead guilty you will be found guilty and face the mandatory consequences.  If you plead not guilty the court will set a trial date for the future.  You should consult with a DWI defense lawyer as soon as possible.  There are important rights that expire 30 days after being arrested.  In choosing a DWI defense lawyer you should hire the best lawyer you can find, being a good DWI lawyer means he will have been certified as a FST practitioner, instructor, practices exclusively criminal law, tries lots of cases and has a proven track record of winning.  You should interview the prospective lawyer and feel comfortable and confident in the person you are hiring.

Kevin O'Grady · Answer

Generally, you should plead not guilty until you have time to hire an experienced, private criminal defense attorney.  Even if you feel that you may have committed the crime alleged, you should always hire a criminal defense attorney to ensure that the case works out for the best, whether a dismissal, finding of not guilty or the best sentence that can be obtained. Especially in cases where you believe you have not committed the crime alleged, for example where you deny having driven the car, you should get an experienced criminal defense attorney as quickly as possible.  You should try to do this before the first court appearance and as soon after your arrest as possible.

Eric Rothstein · Answer

It depends on many facts. What county were you arrested in? Some counties such as Nassau have a no plea offer policy.  What are the facts of the case? It may be defensible. Did you take the breath test? What were the results? When you say you not driving were you in the car? Was the key in the ignition?  I am a former federal and State prosecutor and now handle criminal defense including DWI. Feel free to check out my web site and contact me if you wish to retain counsel.

Ramona Hallam · Answer

You should plead not guilty so you can obtain the evidence against you.That  evidence should be ready within a few days and they will release everything to  you except witness evidence. There are quite a few factors to consider in a DUI  case so it is best you have an attorney who is experienced with reviewing the  evidence for lack of probable cause, breath test flaws, timing issues with  testing, and potentially have a re-test of your blood if you tested by blood  test, etc.

Jared Austin · Answer

How could you possibly be charged with DUI if you were not driving the car? That's one of the essential elements of the crime. Never plead guilty to anything until you have consulted with an experienced DUI attorney first. Only a trained eye can review police report and lab results for errors that could get your charges reduced or dismissed. Even for your first offense, you are still facing possible jail, vehicle immobilization, fines, costs, higher insurance premiums, license sanctions, and probation. DUIs are too complicated to represent yourself on and a good attorney will more than pay for himself.

Stacey Wolcott · Answer

At your arraignment, if in fact you were not driving you should plead not guilty. You have the  right to have an attorney. It would most likely be in your best interest to have an attorney  review the police report and advise you what to do from there. If the actual driver is willing  to come forward that may solve you problem.

Terry Nelson · Answer

Unless you like jail time, not guilty.  What can you do?  Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.  No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case.  Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.   

 Keep in mind a little free advice:   When you are arrested and charged with DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV.  That is separate and runs consecutively with any suspension that may be imposed by the court.  Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony.  If you don't know how to do these things, then hire an attorney that does.   If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.

Marshall Tauber · Answer

At arraignment, plead not guilty then hire a good attorney to evaluate the evidence against you & advise you of your options.

Brandon Moffitt · Answer

Not guilty. The State must prove you were in control of the vehicle.

Stephanie Hartung · Answer

A DUI offense (even a first DUI) carries mandatory significant and harsh penalties including; a license suspension, jail time, fine, an ignition interlock device, special insurance, an alcohol evaluation, ADIS class, DUI victim's panel, and 5 years probation. A DUI attorney can help mitigate those consequences and improve your situation. Due to all of those penalties very few judges in this State will actually accept a guilty plea from a DUI defendant at arraignment. I recommend you plead not guilty and speak with an attorney.

Simon Brian Purnell · Answer

Not guilty.  And then you need to have your lawyer investigate how the state intends to prove the obvious element of "driving" or "operating" a motor vehicle while intoxicated.  It seems that if you were not driving the state's case will be circumstantial at best.

Andrew Roberts · Answer

If you were not driving the car you should get an attorney and enter a plea of not guilty. How can you drive under the influence if you are not driving? Call me.

Joshua Daniel Hale · Answer

Attorneys generally ALWAYS plea their client snot guilty at arraignment, unless there is a reason to plea guilty immediately, such as a very good deal.

Robert English · Answer

Plead not guilty if you weren't driving. Hire an attorney and fight the case.

Michael Nichols · Answer

Stand mute and the court will enter a plea of not guilty. If you were bit operating that is one of the most successful defenses.

Charles Shaw · Answer

Don't plea guilty! Call my office ASAP.

Michael Lynch · Answer

I have quite a few clients who initially want to just have me plead  guilty for them at the arraignment.  They reason with themselves, that  they were in the car, driving, and were intoxicated at the time.  Open  and shut case, they are guilty and should plead as such.  I briefly have  to explain to them that they do not have any duty what so ever to  convict themselves.  It is the burden of the District Attorney to prove  the case.  I explain, it is not what the defendant knows about the case  which is important, but rather what the DA knows.  In the case you  describe, there is an actual issue of who was driving, even before the  police report is reviewed.  It sounds like you should also put in a not  guilty plea and give your attorney time to review the police report.

Timothy Klisz · Answer

Plead not guilty, then contact and hire the best attorney you can  afford.  These are serious cases.

Philip Hache · Answer

You should get an attorney.  If there was no actual driving, then you should have an attorney handle your case, enter a not guilty plea, at set it for trial.  Now there may be more to your case than that, so I would recommend at least speaking to an attorney about your case in more detail.  You can reach me through my website if you would like to discuss this in more detail.

Eric Schurman · Answer

Plead "Not Guilty" and preserve all of your trial rights.  Retain and  attorney immediately.  Please feel free to call me to discuss further.

Ajibola Oladapo · Answer

How  could you have been charged with a DUI when you were not actually driving the car?  DUI means *Driving* under the influence.  You cannot be charged with driving under the influence when you were *not *driving. Does that make sense?   Had you been driving drunk , and you could disprove the charge in some way or the other, you may plead not guilty and have your attorney petition for a disposition of negligent driving or reckless driving.  your plea is entirely your own decision and should  be an informed decision judging from the totality of the circumstances of your case.  Please note that this answer should not be construed as legal advise. Contact an attorney in your state for full legal representation if you so wish.

Robert Driessen · Answer

Not guilty. If you were not the driver why plead guilty to the charge. You should hire an attorney to represent you.

Lawrence Wolf · Answer

You are not guilty. Give us a call.

Russell West · Answer

You do not want to plead guilty to a DUI.  At the arraignment you want to plead not guilty and at that time the Judge will give you conditions of release and set a date for a pre-trial hearing generally about 4-5 weeks later.  This will give you time to find an attorney and get details about the arrest, police report, BAC results and testing, field sobriety tests, and any other pertinent information.  An attorney can review all the details of your case to see if there are any grounds for dismissal or whether there may be reason to believe you could win if it goes to trial.  If not, then a plea negotiation may reduce the charge to a lesser offense.  The fact you were not driving may help but if you were in physical control of the vehicle the interpretation is the same. Feel free to contact me to discuss.

Jeff Yeh · Answer

Hire a good DUI specialist, who will pick up the discovery and continue the arraignment to a later date (no plea should be entered). In the meantime, the attorney will conduct some investigation based on the discovery. This should be done before any type of plea (guilty, not guilty, no contest...etc) is considered. If you were not driving, you definitely need an attorney to talk to the prosecutor and work with him/her in ultimately getting the charges dismissed.

Carl Spector · Answer

You should enter a plea of not guilty.  Then you should retain an attorney experienced in DUI cases to represent you.

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