What should I do if I am a first time DUI offender?

Question

Here is the deal.  I got a DUI after I was pulled over for speeding (11-14 mph over).  I did not decline any tests. I failed the breathalyzer downtown. The portable breathalyzers never registered anything. I blew a .11 downtown.  I accept that it was a stupid decision and I do not plan on trying to get not guilty.  I would like to try to get court supervision for my DUI.  Do I need a lawyer for this, or can I just ask the prosecutor myself for court supervision since it is my first offense?  I know I was wrong and don't ever plan on going back to jail.  I just need advice on whether or not to get a lawyer for this particular case.

Jeffery Cojocar · Answer

Yes get a lawyer.

Michael J. Breczinski · Answer

Your questions are why you need an attorney. First do not plead guilty off the bat you lose any bargaining power. First an attonrey might be able to get you a plea to a lesser charge and make a deal so you won't serve time. Next the DUI carries more fines and points on your license than "impaired".

Thomas Tomko · Answer

If you are comfortable with representing yourself and not knowing if you have a defense to the case or if the charges can  be reduced or what the consequences are of a plea, then you can proceed without an attorney.  The choice is yours, but it is best to have someone on your side to review your case and best negotiate a result.  Everyone else in the process is against you and is looking forward to your conviction.  It would be wise to have someone in the process who is on your side.

Stephen Freeborn · Answer

There may be defenses to your case. only an attorney practicing in this area could determine that fact; however, you seem to accept guilt and want to move forward.  Since this is your 1st offense and you blew a .11  (the portable breath test is not critical. the downtown one is), you are looking at the following:  - 365 days in jail with 364 days suspended.  In other words, you will serve a mandatory 1 day in jail.  The court has no discretion  -  $5000 fine with $4199 suspended.  In other words a minimal fine of $805.00 plus costs and assessment for a total of about $1300.00  -  Loss of license for 90 days  -          The balance of the jail time and fines are suspended for 5 years based upon the following:  Law abiding behavior; no violations of the law, Have an alcohol/drug evaluation and do as recommended, with a minimum of an 8 hour alcohol/drug information school, Attend and complete a DUI victim panel, The court could possibly order an interlock device installed on your car, which would require you to blow into it before the car will start. If there is any alcohol the car won't start  - Additionally, you are going to have to have SR22 insurance, which is high risk insurance.  The premiums generally run 125% more than regular insurance premiums.  Before deciding to plead guilty and face these penalties. and possibly more, you should consult with an attorney.

Jonathan Willett · Answer

You should be able to plead this down on your own as a first time offender to DWAI and receive probation.

Jacob P. Sartz · Answer

I'd recommend that you obtain legal council.  You may not be guilty of any offense or only guilty of a lesser offense. You are  presumed innocent until the prosecutor proves your guilt beyond a reasonable  doubt or you choose to plead guilty to the offense. Any OUI conviction will  carry significant license sanctions administered by the Secretary of State in  addition to any penalties imposed by the court. Effective advocacy may have a big impact in the outcome of your case. If you cannot afford to retain an attorney, the court may appoint you one at the  public's expense.

Michael Palumbo · Answer

There is no such thing as "court supervision." You need to retain counsel .

Michael Garber · Answer

You have to decide whether you need a lawyer, not the lawyer. I suggest making an appointment to talk to the lawyer and then based on what he tells you make your own decision.

Steven D. Dunnings · Answer

You need a lawyer. Depending on what court your case is in, such an option might not be available. Different courts handle this type of charge differently. Also, it depends on what the prosecuting attorney is willing to offer.

Craig Elhart · Answer

Whether you hire an attorney is a decision you alone must make.  It is unclear as to what you mean by court supervision.  An attorney could help explain to you your options in this matter.

Kevin O'Grady · Answer

You should hire an attorney now.  Someone who is relentless and thorough. Do not think based on what the cops told you that all is lost, that you were really going the speed alleged or that they can prove everything they charged you with.  The prosecutor is not your friend.  If this arrest was recent you should hire a DUI attorney ASAP to start an investigation and to properly mount a good defense.

Michael Maltby · Answer

This is a serious charge.  Get a lawyer.  There are many options available and not all prosecutors can be trusted to help you out.  They are not on your side and many see you as just another notch on their belt.

Jared Austin · Answer

Do not plead guilty to anything without first consulting with an attorney. An experienced DUI attorney is a valuable investment, if nothing else to review the case file for any errors that could get the charges reduced or dismissed. A lot is at stake including possible jail, probation, vehicle immobilization, license sanctions, fines, higher insurance premiums. By court supervision do you mean probation? That is common for first time offenders, but there are some counties and some judges known for assigning jail time even for the first time offenders. That's why a good DUI attorney is an essential investment. He will more than pay for himself.

Dennis Roberts · Answer

1.1 is probably too high to get a wet reckless (usually .08 or .09 will get you one).  I don't know what you mean by court supervision.  You will get a huge fine - about $2000 - and have to go to DUI School - probably close to $2000.   You will get court probation for 3 years which means you do not need to go see  the probation dept on a regular basis BUT if you get in trouble they can revoke  probation and give you time from the old DUI.  You might try going to court by yourself the first time and ask the Public Defender or the DA what they will do to you on the first offense.  If it is what I say it is, then no point in pissing away more money on a lawyer.  This will be expensive enough.

Geoffrey MacLaren Yaryan · Answer

I'm not clear what you mean by "court supervision," this usually applies to probation. If that is what you mean then all DUI's receive probation.

Michael Nack · Answer

You definitely need to hire an attorney. The attorney can determine whether   or not there is any legal defense to the charge. The attorney can also negotiate a plea bargain in the event that the prosecution can prove their case. This plea bargain should be able to avoid a conviction being entered upon your record.  Your question uses language that would be more appropriate to an Illinois charge. We do not have "supervision" in Missouri. You also fail to mention anything about your driver's license. It is extremely apparent that you need to consult with and hire an attorney. I might be able to help you myself if you are not already represented. I have handled hundreds of DWI cases in the thirty-three years that I have been practicing law.

Matthew Leyba · Answer

You should probably speak to an experienced DUI Attorney as soon as possible.  You face two legal actions against you.  One with the DOL and the other is with the court system.  An Attorney would be better able to discuss your options, and completely outline what you might expect.

Gregory Casale · Answer

A lawyer will almost always get a better plea for you than you can on your own. You should at a minimum speak with an attorney. A lawyer who represents himself has a fool for a client. A law person is doing no better when he or she does the same thing.

Michael Lynch · Answer

This is a common type of question.  While there are many different approaches to answer such a question, I keep coming back to burden.  The DA has the burden to prove the case against any defendant.  The defendant does not have any burden.  Now, individual defendants often personally know if they have run afoul of the law.  They often want to throw themselves on the mercy of the court, working on the premise that this type of illegal action will never happen to them again.  I ask them to slow down.  The real long term harm is in having the criminal record.  Such a record can follow you around for the rest of your life.   Get an attorney to review the case.  Why plead no contest, just because “you really know" you are guilty.  My largest concern would be to have someone I care about plead no contest, only to discover (or never know) if the DA had the facts necessary for a conviction.  Just the fact that the BAC did not register in the field is reason enough to hire competent legal counsel to review the case. Good luck.

Timothy Klisz · Answer

Sentences can vary wildly and those without counsel fare poorly.

Eric Sterkenburg · Answer

This is what you can expect if you plea guilty without an attorney PROBATION: 3-to-5 Years Informal Probation JAIL: Time served (the time you were in custody at the time of the arrest). COURT FINES: Minimum $390.00 fine to maximum of $1000.00Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. DUI SCHOOL : Attendance at First Offender Program (FOP) Required BAC = .153-month FOP.

Eric Schurman · Answer

A DUI conviction can be very problematic and costly. It is very  important to hire an experienced DUI attorney.  You may very well avoid  a DUI conviction with your particular circumstances.

Jeff Yeh · Answer

I have no idea what you are talking about when you say "court supervision." From your language I gather you have very little idea about what a DUI entails. My advice is contact a DUI specialist, who may be able to help you reduce the charge to reckless driving.

Robert Myers · Answer

If you blew nothing at the scene and then .11 at the station, then you should use an attorney because you may not have been under the influence at the time that you were driving.  I am not sure what you are referring to about court supervision but depending on the courtroom, they will explain to you what you will get if you plead guilty.  DMV will suspend your license but the suspension is stayed (on hold) for 10 days and if you request a DMV hearing, then it is on hold until the DMV conducts the hearing and your are found in violation of the DMV rules.  Again, with your facts, you might have a good case to win even the DMV hearings, which most people lose. Bottom line, if you have a good case, it is worth hiring an attorney to fight the case.  Unfortunately for everyone, the attorney will not really know if you have a good case until they get the discovery from the DA which they can only get if you hire them.  The public defender is the exception; you can wait until you go to court, plead not guilty and have the public defender fight your case.  The downside to Public Defenders in DUI cases is that they cannot do the DMV hearing for you.  Good luck.

Jason Overton · Answer

Here's the thing:  a lawyer is not required for court.  You can talk to the prosecutor, the judge, cross-examine witnesses, and call witnesses on your behalf, but just because you CAN do it yourself doesn't mean you SHOULD do it yourself.  Law school is expensive and lawyers are expensive, but a lawyer probably knows more about the court system and the options available to you than you do.  If I have a bad tooth, I've got pliers at home and the ability to pull that thing out . . . But I'd still rather go to a dentist.

Michael Nichols · Answer

Hire a qualified DUI attorney because a DUI conviction stays with you forever.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What should I do if I am a first time DUI offender?

26 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer