QUESTION

What can happen if I don’t get an attorney and if I do get one for a DUI case?

Asked on Jul 17th, 2013 on DUI/DWI - Michigan
More details to this question:
Two cars in front of me slammed on the braked. I swerved to the right to avoid the car in front. My truck got stuck in a ditch. No one was involved so I left to go get a tow truck. Fifty minutes later, I'm helping the guy pull my truck out when cops show up. He said I smelled like alcohol and how many beers I said I had a couple. He did some tests walk one foot in front of another and one foot up in front of the other and I was wobbly but I felt that the street was not flat surface because it was a turn. He did the test was you follow the pen with your eyes and my eye did that vibrate. I was told I was being arrested for a DUI. At the station I refuse the breathalyzer.
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9 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will loose with no attorney, and have a better chance to yourself with one. I do see issues. If you are in Michigan call to engage us and with the full details.
Answered on Jul 26th, 2013 at 2:02 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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You should always get a lawyer for a DUI charge. Even though it's a misdemeanor, it is the most complicated misdemeanor and it has the most collateral consequences such as effecting employment, citizenship status, scholarships, higher insurance premiums, etc. While jail is not likely for a first offense, it is still possible and is more common in some jurisdictions. A lot is at stake and this is a charge that can never be expunged from your record. It sounds like you may have some good arguments to be made in your case. A good DUI attorney will more than pay for himself in terms of what he can save you. A good DUI attorney is one that will get all discovery not just police reports, but cruiser cam and breath room videos, certifications of the officers performing the field sobriety tests and chemical tests, calibration and maintenance records for the chemical and preliminary breath tests, officer's conduct record, and evaluate the case record for any grounds to challenge the stop, search, or administration of the field sobriety tests. Seek out an experienced DUI attorney in your area.
Answered on Jul 26th, 2013 at 2:01 AM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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Without a lawyer you will likely plead to a DUI with a refusal and have your license suspended for one year the other penalties will depend upon where your case is prosecuted, many counties require extra jail for refusal cases. With a lawyer you may avoid these consequences, DUI defense attorney's throughout California are litigating refusal cases, results are different based on jurisdiction and lawyer, these new challenges are based on a United States Supreme Court case that was decided in April. You should contact a DUI defense lawyer and see what they can do for you.
Answered on Jul 26th, 2013 at 2:01 AM

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You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jul 26th, 2013 at 2:01 AM

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Domestic Violence Attorney serving Denver, CO
Partner at 5280 Law Group
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If you don't get an attorney, more than likely the DMV will take your driver's license for a year. You must request a hearing through the DMV within 7 days of you arrest. In addition, you would have several consequences to pleading to a DUI or DWAI. First, you could face jail time (depending on if this is a first or subsequent offense), you will have to agree to complete alcohol/drug classes and therapies, pay fines and fees, complete community service hours, be placed on probation for 12 to 24 months, which include terms such as no drinking, provide breath samples to ensure there was no drinking throughout the entire probationary period. This conviction will always be on your record, Colorado has no ability to expunge and/or seal the conviction.
Answered on Jul 26th, 2013 at 2:01 AM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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This question is impossible to answer. You need to consult with a few attorneys to determine how defensible your case is.
Answered on Jul 26th, 2013 at 2:01 AM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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If you do not hire a lawyer you will have to plea out assuming you don't go to trial on your own. Since you didn't take the breath test (BT), you may well have a case that you can win at trial. If you do not speak with an attorney, you will likely regret this for the rest of your life every time your criminal record becomes an issue. You will also lose your license for a minimum of 45 days for the plea and an additional 180 days for the BT refusal. Since the police didn't observe you driving, you have no BT and the Nystagmus Gaze Horizontal (where you follow his pen) is inadmissible in most Massachusetts courts, I would suggest that you have a potentially triable/winnable case, if you hire a lawyer. I would advise that you speak to a lawyer before going to court for ANY criminal charge. Criminal court is not set up for pro se (without counsel) litigants. You will be held to the same standard as an attorney, meaning you would be expected to know and abide by the Rules of Evidence and Rules of Criminal Procedure. You only have one chance to get this right; speak to an attorney and at least let him/her evaluate your case. Even if you decide to plead out, you will still most likely get a better deal with a lawyer than on your own. Some lawyers charge a set fee for OUI/DUIs regardless of the plea or trial disposition. I do not. I charge a reduced fee for a plea since it is less work than preparing for trial.
Answered on Jul 26th, 2013 at 2:01 AM

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Dennis P. Mikko
Hiring an attorney will not automatically get you a better deal. The attorney will be able to help you navigate through the legal system and make sure your rights are protected. If the matter were to go to trial, you would be at a disadvantage if you did not have an attorney. Failure to submit to a breath test could result in a years suspension of the driver's license by the secretary of state. An attorney could review the facts and advise if there is a possible defense to this.
Answered on Jul 26th, 2013 at 2:01 AM

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If you have an attorney, you will get a better disposition on the case. The attorney will know the prosecutors and the judge. The attorney knows the law and procedure. Do you know any of this?
Answered on Jul 26th, 2013 at 2:01 AM

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