QUESTION
What do I do if I am facing a 3rd offense DUI?
Asked on Jun 04th, 2013 on DUI/DWI - California
More details to this question:
The previous 2 DUI were over 10 years ago. There was no accident involved and I submitted a blood test and the results came back .170. I'm a combat veteran of Iraq. I've been diagnosed with PTSD. I would like to retain an attorney, however I only have $1000. I'm currently unemployed but looking for work. The worst part is that my court date is June 6th. I really need help. I'm an upstanding citizen that made a huge mistake. Thank you for reading my situation.
14 ANSWERS
Michael J. Breczinski
First go into AA and get into counseling. Stop drinking. Get a lawyer either appointed or retained. Plan on at least 30 days in jail if convicted. Get an alcohol evaluation and follow any recommendation.
Answered on Jun 06th, 2013 at 10:08 PM
Divorce & Separation Attorney serving Jacksonville, NC
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'What do I do if I am facing a 3rd offense DUI?' Stop drinking and driving! 'I'm an upstanding citizen that made a huge mistake.' You very well may be an upstanding citizen and your service as a veteran is commendable however, you most certainly did not make a mistake - you made an extremely bad choice that endangered not only your life and property but the lives of other innocent people and their property as well because you clearly have a problem with alcohol. Look at it this way, if someone in your unit in Iraq was drunk say .17 during a fire fight and endangered the lives of everyone else in the unit and afterward came at you with the lame excuse of 'oops I made a mistake'. Would that fly with you or would you pound him into the sand and put him on KP where he can't do that again? When people make bad choices, the proper thing to do is man up, take responsibility and the consequences and if your smart learn from the experience and if necessary make changes to insure you don't make that bad choice again - something that obviously didn't happen after the first two convictions of DWI. That said, none of this means you are a bad person - yet - you won't be a bad person until you fail to get control of this problem, drive drunk again and kill someone. $1000 is more than enough to retain an attorney. A case like this will probably take at least 6 months or more to resolve so you will have time to seek employment and make payments toward your attorney fee or you may want to consider applying for a court appointed attorney because at a 3rd offense you are most definitely facing the possibility of some jail time.
Answered on Jun 06th, 2013 at 2:51 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Where did it happen? Jail time is typical.
Answered on Jun 05th, 2013 at 7:03 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In South Carolina, based on the information you have presented, it is possible that you have been charged incorrectly and also that you may have a case for reduction and/or dismissal. Law Enforcement personnel, just like all of the rest of us, are not perfect and do make mistakes from time to time. There are some attorneys out there that will work with you as far as the amount of a retainer goes. It doesn't hurt to ask around. I do hereby clearly advise against any reliance on this information as advice or the application of it to a specific situation without a more thorough consultation with counsel.
Answered on Jun 05th, 2013 at 10:27 AM
You need an attorney. Call around to different attorneys, some may accept a payment plan. Go to the hearing on the 6th and if you have not retained counsel, then ask to continue the hearing. A third offense DUI is very serious and in Colorado is mandatory jail time (60 days) and in Colorado there is no wash out period.
Answered on Jun 05th, 2013 at 10:26 AM
Geoffrey MacLaren Yaryan
In California if the date of the commission of your priors was more than 10 from the date of the current offense, then there are no automatic additional penalties beyond those for a first time offense. However, Judges can look at those priors in considering a sentence for the current offense. Ask for the Public Defender, they will help you.
Answered on Jun 05th, 2013 at 10:26 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I believe that you could be charged as a persistent offender You could be charged with a class D felony (the lowest felony) and have to do a minimum of thirty days in jail.. If this is your first court date you can retain an attorney or you can ask the judge for a continuance to obtain an attorney. They usually give you a continuance of thirty days or so. Some attorneys will let you make a down payment and then work out a payment plan on attorney fees.
Answered on Jun 05th, 2013 at 10:23 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Where are you located? You need to contact a qualified DUI defense attorney in your area. Most importantly if the other two DUIs were more than 10 years ago, you will only be punished as a 1st DUI.
Answered on Jun 05th, 2013 at 10:23 AM
James Edward Smith
Get a public defender
Answered on Jun 05th, 2013 at 10:23 AM
It will be your first, since the last 2 are too old. You need to hire a DUI specialist.
Answered on Jun 05th, 2013 at 10:22 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Where are you? Perhaps payment arrangements could be worked out. If you are correct the past infractions should not be used to enhance the charge, but you can count of the fact they will be considered in the sentencing. Call now if you want help.
Answered on Jun 05th, 2013 at 10:21 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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With a third offense, jail time could be substantial. It does not sound like you have sufficient funds to retain a private attorney, but may have to utilize a public defender. The PD will be at court the day you go. I would ask the judge to have you screened for a PD.
Answered on Jun 05th, 2013 at 10:21 AM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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You're looking at a felony DUI so the charges will be serious. Seek out an attorney to take your case as that will assist in mitigating the problem.
Answered on Jun 05th, 2013 at 12:09 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You need a lawyer, some DUI lawyers will fight for you at a reduced rate because of your service to our nation. You are fighting a first offense DUI, an experienced lawyer can help find defenses for your case. Worst case, the work you are doing addressing your PTSD may help negate the enthusiasm a DA may feel for prosecuting a third lifetime offense. At your arraignment tomorrow you should ask to be referred to the "free" lawyer (depends on the county where your case is being prosecuted, sometimes it's a "public defender" other times it's legal aid or "private defender"). You should meet with the lawyer, but spend a little time contacting other lawyers to discuss your case and overall situation. You have a constitutional right to a lawyer, you fought to defend that right for us all, avail yourself of it.
Answered on Jun 04th, 2013 at 10:41 PM