QUESTION
Do I really need to hire a attorney for a DUI?
Asked on Mar 01st, 2013 on DUI/DWI - New York
More details to this question:
I know it's a better idea to have one, but I don't think I can afford it. How bad are my chances of getting these charges dropped if I represent myself? Or will they just appoint me one for free? How much does one cost and do you have to pay it all at once?
11 ANSWERS
Yes, you should have an attorney represent you in court. The case is being prosecuted against you by an attorney, who went to law school, has experience in court and trials and has resources available to them. Depending on your financial situation, you may qualify for the services of the public defender's office. You may also want to try and contact a few local DUI attorneys in your area and ask if they would accept payment plans.
Answered on Mar 11th, 2013 at 9:09 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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I am an attorney who exclusively handles DUI cases, I think it is a good idea to hire an attorney, the law is complicated, the evidence isnt always as solid as it appears and mis-steps can result in greater penalties, like higher fines, longer sentences, jail instead of sentencing alternatives, longer license suspensions, more expensive insurance rates and, in some cases, additional charges. The appointed attorney will do their best for you in court but may not have the experience or training to know the science of chemical testing and rarely do they understand how a court resolution will affect the DMV and your driving privilege. You should consult a local DUI attorney to discuss the facts of your case, the defenses that may be applicable and the possible outcomes. Many DUI attorneys are less expensive than you think and offer payment plans or will otherwise work with you if they think they can help you.
Answered on Mar 04th, 2013 at 7:09 PM
Geoffrey MacLaren Yaryan
A DUI can have serious consequences it would be unwise to not have an attorney.
Answered on Mar 01st, 2013 at 11:22 PM
1 Award
Depending on your income, it may be possible to get a public defender. Talk to the judge about it. If you don't understand the legal system, it's very difficult to successfully fight a charge.
Answered on Mar 01st, 2013 at 1:37 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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I would recommend using an attorney because the potential for jail is so severe, especially if there are any priors at any time.
Answered on Mar 01st, 2013 at 1:35 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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The chances of having your DUI charges dropped without an attorney are between slim and none. You should absolutely have an attorney. If you can not afford one, by the court's standard, they will appoint a lawyer for you for a minimal fee. It is typically anywhere from $150 - to $500. More likely, it is the lower end and they will give you some time to pay it. Do not go it alone.
Answered on Mar 01st, 2013 at 1:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need an attorney. It is worth it to help mitigate the damages.
Answered on Mar 01st, 2013 at 1:34 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't have to hire an attorney for anything; however, a DUI carries with it a maximum penalty of 1 year in jail and a $5,000.00 fine, plus loss of license, installation of an interlock, increased insurance premiums, drug/alcohol counseling. If you want to roll the dice by representing yourself, you are certainly free to do so.
Answered on Mar 01st, 2013 at 1:34 PM
Well, if you represent yourself, you're 100% guaranteed to lose the DMV hearing. And as far as court is concerned, you really don't need an attorney if all you want to do is plead guilty and have the consequences crashing down on you, such as probation, a criminal record, license suspension, forced IID installation, a dinged-up credit, a doubling of your insurance premium, attendance in a long and expensive alcohol class, etc..
Answered on Mar 01st, 2013 at 1:34 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes. Unless you plan to walk into court and plead guilty despite knowing any of the facts.
Answered on Mar 01st, 2013 at 1:34 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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The court will appoint you an attorney if you are indigent. DUI is a real specialty anyway so I would not want to have any public defender the court might appoint. DUI has serious consequences so I suggest you try to find someone.
Answered on Mar 01st, 2013 at 1:33 PM