How should I plead to my first DUI?

Question

I received my first DUI with a high BAC of .17 2 weeks ago.  I cannot afford an attorney, how should I plea?  I have a clean record otherwise, and I'm very nervous about this whole thing not knowing what will happen to me.

Andrew Roberts · Answer

Use a public defender.

Theodore W. Robinson · Answer

It depends upon whether you are over 21 at the time of the incident. If you're  over 21, then plead not guilty and ask to have an attorney assigned or appointed  to represent you. You should get a reduction, but that depends upon which  county you were caught in and whether the facts of the case. At least consult  with an attorney on the matter. Good luck.

Anthony Lowenstein · Answer

Not guilty - get a good lawyer and you can beat it. For more information, please see my website.

Geoffrey MacLaren Yaryan · Answer

Ask for the public defender.

Jacob P. Sartz · Answer

Ultimately, whether to plead guilty is your decision. However, you are presumed  innocent until proven guilty. The prosecutor has to prove their case beyond a  reasonable doubt. You may eligible for court-appointed council upon request with  the court. I would recommend consulting privately with an attorney if you need  specific legal advice.   People should not plead guilty to anything unless they fully understand the  consequences of a conviction. A DUI will impact a person's ability to drive for  a long time.

Shawn Hooks · Answer

You should consult with an attorney before entering any sort of plea.  The penalties for an elevated DUI can be serious, and can have long lasting consequences, even if this is your first offense.  An attorney can see what defenses you may have available, and either advise you to contest certain issues or work to negotiate a deal that is in your favor.

Seyyed Sharifi · Answer

Do not plead guilty to a DUI. It has so many unintended repercussions I can't get into all of them in an email. If you live in Utah, which I assume you do if I'm asked to answer this, do your research and hire a good Utah DUI attorney to go in there with you. A good attorney can find flaws in the evidence you will not even know to look for. That being said, there are some bad DUI attorney's here in Utah as well, so be careful who you choose.  Many attorneys have payment plan options and can be flexible. If you absolutely can't afford one, ask for a public defender but again, do not just plead guilty to a DUI in Utah.

Gabriel Dorman · Answer

You should plead Not Guilty, at least until you have fully reviewed your case and truly understand and discuss any defenses you may have and the nature and consequences of pleading guilty. A .17% is a very high BAC. I understand that you cannot afford an attorney so I would suggest any of the following: 1) Appear in court and request the public defender to represent you; 2) Contact a few experienced DUI attorneys in your area to discuss your case. Most, if not all, DUI attorneys offer free case evaluations so why not take advantage; and 3) You can call me for a Free Case Evaluation to discuss your case in great detail. I would be happy to do so and that way you would have a far greater understanding of what is happening and what you can expect for your case. I hope this answer was helpful. Good luck.

Thomas Mueller · Answer

If the police had good reason to stop you you should ask the judge at your first  appearance what the penalty will be if you plead guilty. He will usually tell  you and if you can accept it , then plead nolo contendre. But with a .17 B/A you  will be expected to do a few more days in the Sheriff's work program.

Gregory Casale · Answer

You should have an attorney at least look over your police report to see if there is anything that can be done. A .17% in MA is certainly over the limit (.08% for 21 and over), but many times breath test results can be suppressed. If you can't afford an attorney the court will appoint one for you. Talk to the probation department to see if you qualify. If you can hire private counsel, consider it. I know that you said that you cannot afford one, but sometimes family is there to support you if you ask. I have no idea what your situation is but I hate to see people plead out to a charge without at least speaking to an attorney. You only have one chance to get this right. You do not want to be kicking yourself for the rest of your life because somewhere down the road you tell an attorney the facts and he says, "I could have gotten you off on that."

Scott Hilderman · Answer

If you can't afford an attorney you should see if you qualify for a public defender.  There are many defense to a DUI even with a  BAC of .17.  If you don't qualify for a public defender you should plead not guilty and get the discovery and see if you can get a plea agreement from the prosecutor.

Seth Bloom · Answer

It would be unethical for me to advise you as to how to plead when not serving as your attorney.  It is very important to consider hiring an attorney despite the cost to represent you in a DUI case. The ability to potentially avoid the long-term negative effects to your life and your ability to seek employment after a DUI conviction can be worth the cost of the attorney by themselves.  If you cannot afford private counsel then you should certainly consider requesting that the court appoint a public defender to your case.  Working with an attorney may allow you to negotiate a plea deal in return for reduced and/or suspended charges or sentencing but every case is different.

William Guy Pontrello · Answer

Find a way to pay a lawyer. DUI stays on your record for 75 years and cannot be erased.

Andrew Subin · Answer

You need to plead not guilty and talk to a good DUI attorney.  .17 is quite a high BAC, so the judge is going to be concerned about it.

Jared Altman · Answer

If you cannot afford an attorney then one will be appointed to represent you free of charge. It would be unethical for me to give you direct legal advice because you are not my client. But, some general principles are presented. Your 0.17% BAC is relatively high. Even though it is your first offense, you may only be offered a plea to a DWI instead of DWAI. DWAI is only a traffic infraction. There will be a lot of consequences to a DWI plea:  Your license will probably be suspended pending prosecution but you may be entitled to a hardship privilege to drive to work. If you plea to a DWI misdemeanor, then you want a conditional discharge and not probation. Probation is a bad outcome because the Probation Department can and typically does prevent from driving altogether for an extended period. You definitely don't want probation. Your license will be revoked for six months but you may be able to get a conditional license for limited driving privileges during that period. Also, there will be a fine of up to $1,000.00, a $400.00 surcharge, a $750.00 DMV driver safety assessment, $75.00 to enroll in the DMV Drinking Driver Program (DDP) if you haven't already done it in the past five years and up to $225.00 for the DDP program itself. Then you will also have to pay your attorney on top of all of that.

Craig Elhart · Answer

Because your bac was 0.17 or above, you could be charged under Michigan's new super drunk law.  At the arraignment, you should plead not guilty and hopefully at the pre-trial the prosecutor would allow you to plead to OWI without the enhanced penalties of the super drunk law.  You could also ask for a court appointed attorney to assist you.

Marshall Tauber · Answer

Request a court appointed attorney to fully advise you of your rights before you plead guilty to anything.

Michael Palumbo · Answer

You need to come up with the money to retain counsel these are serious charges. Our office accepts Master Card and Visa.

Robert Driessen · Answer

Not guilty and request a public defender.

Jeff Yeh · Answer

Without an attorney, you pretty much have no choice other than to plead guilty or no contest. If you are interested in alternatives, contact a DUI specialist.

Jared Austin · Answer

Always plead "not guilty" at your first court appearance because that will at least get you a Pretrial Conference and a chance to plea bargain with the prosecutor. If you are .17, even for your first offense that puts you at the new "super drunk" status which means heightened penalties including possible jail time, fines, costs, vehicle immobilization, license points, driver's responsibility fees, higher insurance premiums, and suspended and/or restricted driver's license. If convicted, you are going to be paying a lot in fines, costs, probation costs, and driver's responsibility fees. A good DUI attorney will more than pay for himself in what he can save you in terms of all these costs you face. You should at least get an attorney to review the police report and Data Master results for any errors that could get the charges reduced or dismissed.

Eric M. Mark · Answer

You need to speak with an attorney. Even if you pay for a consultation just to understand what you are facing and what the options are.

Terry Nelson · Answer

Plead guilty = go to jail.    If you cant afford private counsel, then apply for the Public Defender at your arraignment, and listen to his advice.   Keep in mind a little free advice:   When you are arrested for 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.

Michael J. Breczinski · Answer

First you plead not guilty and if you can't afford an attorney then ask for a  court appointed attorney. You do not want to represent yourself. You can  represent yourself an you can also take out your own appendix with a Swiss Army  Knife and no anesthetic, both are equally safe and painless.

Cynthia Henley · Answer

I'm not certain what state you are in but in Texas, if you have a DUI (called DWI here) then you would have to have a lawyer represent you. If you are indigent thus could not afford to hire a lawyer, a lawyer would be appointed to represent you.  You should call 3 to 5 area lawyers to get information about the situation. Most lawyers will talk to you at least briefly by phone, and many have free consultations. You may find that you are able to hire a lawyer. Moreover, you will likely need to get fees quoted in order to obtain a court appointed lawyer if you qualify.  DUI/DWI has long term and far reaching consequences including enhanced punishments (the 3rd one is a felony in Texas), the loss of driving privileges, surcharges on your driver's license, and even high insurance premiums. You should fight the DUI/DWI if it is possible as once you plead guilty, the game changes. Every time you are stopped if you have alcohol on your breath, chances are great that you are going to jail. A lawyer will be able to evaluate your case and tell you if it is worth trying to fight it. Failing the breath test - especially with such a high result - does not necessarily equate to a loss. In fact, if a person looks good on the video and has a high breath test result, I find that juries really question the correctness of the breath test.  Good luck to you!

Michael Lynch · Answer

If you cannot afford an attorney the Court can appoint a public  defender.  Consult with the PD before entering any plea.  In any case, a  not guilty plea should be entered until both you and your attorney have  had a chance to fully review the evidence against you.  Remember, it is  not what you know that is important, it is only important what the  District Attorney can prove.

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How should I plead to my first DUI?

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