QUESTION
What do I do if I have to go to court for a DUI?
Asked on Sep 27th, 2011 on Criminal Law - North Carolina
More details to this question:
I recently got an DUI and have court tomorrow and don't know what to do. I have a clean record and would like to get this charge dropped down if possible.
35 ANSWERS
If you want to have any chance to get the charges dropped you need to have an attorney.
Answered on Jun 19th, 2013 at 2:19 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Assuming it is an arraignment go to court and see what the prosecutor offers. If it is not a good offer say not guilty and hire the best lawyer you can find.
Answered on Oct 28th, 2011 at 1:21 PM
You should ask for a continuance and then hire the best criminal defense attorney you can afford. er will not be valid.
Answered on Oct 04th, 2011 at 3:27 PM
If you plead not guilty, the matter will be set for a pre-trial at which time you can talk to the prosecutor about a plea bargain. An attorney may be helpful in this process.
Answered on Oct 04th, 2011 at 3:23 PM
Business Law Attorney serving Oakland, CA
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Law Office of Alanna D. Coopersmith
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You must go to court. The judge will advise you that you have the right to counsel. You can ask for some time to retain counsel, or you can ask to be referred to the public defender for your financial eligibility.
Answered on Oct 04th, 2011 at 3:23 PM
You should hire an attorney quickly. The ADLRO process has already been moving along for almost a month and now you have been arraigned. You need to hire an attorney that will not plead you out and who will fight for you and mount an effective defense quickly.
Answered on Sep 30th, 2011 at 1:35 PM
Michael J. Breczinski
You should get an attorney. The lawyer can help you work out something. He is going to try to either fight the case or try to get you a deal.
Answered on Sep 30th, 2011 at 12:42 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Peter A. Duarte
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Hire a criminal defense attorney or ask the judge to appoint an attorney if you can not afford one when you appear in court.
Answered on Sep 29th, 2011 at 1:40 PM
Jacob P. Sartz
You are presumed innocent until proven guilty. The prosecutor must prove the allegations beyond a reasonable doubt. OUI charges, if convicted, will stay on your record for a very long time and make it more expensive for you to keep and maintain your vehicle.
Answered on Sep 29th, 2011 at 1:19 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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The only way you will get a DUI reduced to a wet reckless is if it is between .08 and 1.0 and many counties will not even reduce it then.
Answered on Sep 29th, 2011 at 10:29 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If it's your first appearance, always plead not guilty at the arraignment, otherwise you encounter the full wrath of the charge and forfeit any opportunity to plea bargain. Even for a first offense, the consequences can be severe and longlasting. At least have an attorney review the evidence against you to check for any errors that could get the charges reduced or dismissed. A good DUI attorney will more than pay for himself in what he can save you.
Answered on Sep 29th, 2011 at 10:29 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You need to hire a lawyer! You cannot represent yourself, especially if you have any hope of getting the case dismissed or lowered. Do NOT talk to the prosecutor on your own.
Answered on Sep 29th, 2011 at 10:28 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Penalties for a DUI: Prior criminal history has no bearing. A DUI is punishable what is classified as a gross misdemeanor, punishable by up to a YEAR IN JAIL AND A $5,000.00 FINE. There is a mandatory minimum jail time of at least 1 day, possibly more depending upon the facts of the case (even for a 1st time offense, if found guilty). If you plead guilty, the judge will sentence you to the maximum jail time and fine, but then suspend all jail time and fines, except for the mandatory minimum, which would be 1 day in jail and about $1200.00 in fines and costs. The balance of the jail time and fines would be suspended for a 5 year period of time (probation) condition upon no future law violations and that you comply fully with court mandates, including but not necessarily limited to having an alcohol/drug evaluation and follow any recommended treatment (which could be as much as a 2 year treatment program, for which you would be responsible for the costs of treatment). The court may impose other requirements as well. In addition thereto, you will loose your license for at least 90 days (however you may be eligible for an occupational permit after a 30 day suspension). Depending upon the level of the breath test, the judge might require an interlock to me installed on your car after the suspension. This is a device in which you will be required to blow into every time before you start your car. If there is any alcohol present in your system, the car will not start. Add to this is the issue of insurance. With a DUI conviction, your insurance company may well require high risk insurance (commonly referred to as SR22). This insurance can be expensive (about 150% of regular premiums). Bottom line: there is a lot at stake -even for a first time DUI. Consult with and, preferably retain legal counsel. In addition, a conviction carries with it some other far reaching ramifications. A conviction could disqualify you from admissions to certain colleges, as well as disqualify you from scholarships, educational loans and grants. This is a VERY serious situation. You need to have an attorney.
Answered on Sep 29th, 2011 at 8:28 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Did you know that your license will probably be suspended tomorrow? You need to ask for a Hardship Privilege if you need to drive to work. You need to be represented by an attorney. An attorney can spot weaknesses in the case against you that you would never see and knows how to navigate the system and comply with all procedures. Also, the prosecutor will probably not speak with you directly so no plea bargaining will happen unless you have a lawyer.
Answered on Sep 29th, 2011 at 8:20 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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Enter a plea of not guilty and ask the judge to put the case on a pretrial calender so you can discuss the case with the D.A. If the B/A was low you might be offered a deasl.
Answered on Sep 29th, 2011 at 7:58 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You need to hire a lawyer. Your best shot at getting your case reduced is to hire someone who knows DUIs to represent you. If your car breaks down, you don't fix it yourself. You hire a mechanic who knows what they are doing to fix your mechanical problems. Same thing with being accused of a crime. You do not know what you are doing. You need someone to (1) counsel you as to what is occurring and (2) to fight for your rights.
Answered on Sep 29th, 2011 at 5:48 AM
DUI California Your initial appearance in California courts on a DUI charge is called your arraignment. If you go to court without an attorney (not advised) you should seek the assistance of the public defender. If you're charged in Southern California, and you choose to plead guilty to DUI (V.C Sec. 23152(a) and 23152(b)) (first offense), the punishment you'll likely receive is: 1. 3-years summary probation; 2. $390 fine, plus penalty assessment (bringing the total fine to about $1,800 - you may be able to reduce the fine by performing community service); 3. 6-month driver's license suspension; 4. A 3-month DUI class (if your blood alcohol content was between 0.08% and .014 %). - The classes are longer if you BAC is higher than 0.08% 5. Attendance at MADD (Mother's Against Drunk Driving - Victim Impact Panel) class However, you never should plead guilty to a DUI, or any charge for that matter, prior to reviewing all Discovery (i.e., police reports, breath/blood results, etc.). Therefore, at your first court date, listen to what the District Attorney has to offer, PLEAD NOT GUILTY, and set the matter for a pretrial (about 30-days out), so that you and your attorney may review all Discovery before deciding what to do. Possible reductions to DUI are, Reckless Driving (V.C. Sec. 23103), "Wet" Reckless (V.C. Sec. 23103/23103.5), or possible dismissal if there were errors committed by police/CHP/Sheriff during their investigation.
Answered on Sep 29th, 2011 at 5:18 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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Have you requested a DMV Hearing? I want to have charges reduced, contact some local attorneys and consult to see what their fees are and what kind of help they can offer. Don't go in alone. If you have to go in alone, then ask the court to continue your arraignment so that you can have more time to find an attorney. Don't continue waiting for answers from the site, call some attorneys immediately.
Answered on Sep 29th, 2011 at 5:17 AM
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In court, be prepared to provide your name and current address.Also,relate your ties to the community and reasons supporting that you are a good citizen and not a flight risk. this approach is to avoid the imposition of bail by the court.
Answered on Sep 29th, 2011 at 5:17 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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You really should hire an experienced DUI attorney to represent you in court. It would be impossible to tell what is possible for your case without first knowing all of the details involved with your DUI. However, whatever the best possible result for your case may be, it will most certainly only be achieved with an experienced DUI attorney at your side. I hope this answer was helpful. Good luck. FYI, you can always ask the court to continue your hearing tomorrow so you can have time to hire a DUI attorney.
Answered on Sep 28th, 2011 at 6:07 PM
Talk to the prosecutor before court. If he is willing to make you a deal, he will tell you. If he is not and you think you need an attorney, ask to have the matter continued so you can obtain legal advise.
Answered on Sep 28th, 2011 at 6:06 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Hire a lawyer and find out your options. Deals can be made on DUI cases.
Answered on Sep 28th, 2011 at 5:52 PM
You should hire a lawyer. Legal situations are complicated, that is why our founding fathers recognized the need for an advocate when the State tried to take away a person's liberty. A lawyer will ask questions you have not even considered asking. A good criminal defense attorney knows what a good case looks like and what a bad case looks like, and sometimes how to ask questions until a good case is revealed to be a bad case. At court tomorrow ask for more time to hire a lawyer. If they are willing to appoint you an attorney communicate clearly and articulate your goals.
Answered on Sep 28th, 2011 at 5:21 PM
Go to court tomorrow and ask for a 1 month continuance. Tell the Judge you need time to hire an attorney. If you choose to represent yourself, you will have no choice but to plead to a DUI. Prosecutors simply won't take you seriously, and most attorneys don't specialize DUI enough to understand the various aspects, such as the DMV proceeding that occurs concurrently.
Answered on Sep 28th, 2011 at 4:46 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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Hire a lawyer. You don't want a DUI on your record if there's any way to avoid it. Sometimes an attorney may know of other options as opposed to a DUI conviction.
Answered on Sep 28th, 2011 at 4:46 PM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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If you want to find out if you can beat the charge, or have it reduced, you need to talk to a DUI lawyer. Because of your late notice, if you have to appear tomorrow, ask the judge if you can continue your arraignment a couple of weeks to consult an attorney. The Court will give you a continuance without penalty. Then, most attorneys will talk to you without charge and advise you. If your case is in Orange County, contact a lawyer familiar with the Courts. I also offer free consultation and will discuss with you over the phone. If in Orange County, mention my name and tell them you are going to meet with me, that will give you credibility with the Judge. Also, in some cases, the charge may not be filed on time. Check with the Court.
Answered on Sep 28th, 2011 at 4:45 PM
Criminal Attorney serving Santa Barbara, CA
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Law Office of Kenneth M. Hallum
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Request a continuance of the arraignment, if denied, plead not guilty. You will get a new court date. Consult a DUI attorney to know your options and possible reductions and potential defenses.
Answered on Sep 28th, 2011 at 4:45 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You have to retain counsel.
Answered on Sep 28th, 2011 at 4:44 PM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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Be very careful. You need an attorney to be honest. If you cannot afford one you will get screened to see if the State will provide you a public defender. If its this early and your going to court on an arraignment, then you will plead guilty or not guilty generally.
Answered on Sep 28th, 2011 at 4:43 PM
Gary Moore
When you go to court you should tell the judge you need time to hire an attorney. He is required to give you time to find a lawyer.
Answered on Sep 28th, 2011 at 4:43 PM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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There are many intricacies to DWI in New Hampshire, not the least of which is a thorough understanding of the Administrative License Suspension procedure, called "ALS". You need to have an attorney to help you through this, to reduce the consequences, and to understand the ramifications which the court and the prosecutor do not have the time, nor the duty, to thoroughly go over with you. If this is your arraignment, say nothing more than "not guilty" and your name. Do not discuss the facts of the alleged stop with anyone there or anywhere else.
Answered on Sep 28th, 2011 at 4:43 PM
That is possible if you have no priors. We have been successful in getting "first" DUI's lowered to wreckless driving on other cases. These cases are all fact dependent but if it is truly your first DUI then a lawyer will be able to work out a deal with the prosecutor that will enable you not to have a DUI on your record.
Answered on Sep 28th, 2011 at 3:41 PM
Criminal Defense Attorney serving Summit, NJ
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Stephen P. Dempsey Counselor at Law
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You need to appear at arraignment and either enter a plea "guilty" or "not guilty" or hire an attorney to represent you and wait for him to enter a plea on your behalf. You can not plea down DWI. DWIs are tough cases to defend but you may have defenses available after a careful study of the facts and discovery from police department.
Answered on Sep 28th, 2011 at 3:40 PM
Criminal Defense Attorney serving Charlotte, NC
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Olsinski Injury, Family and Criminal Lawyers
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You should talk to an attorney in your area. DWI's are serious and will not be dropped or reduced by district attorney's offices (unless an attorney points out the flawed case). However, just because you are charged with the crime does not mean you have to plead guilty. In DWI cases there are many procedural steps that have to be followed, hire an attorney who focuses on criminal and DWI cases and they should be able to help you.
Answered on Sep 28th, 2011 at 3:40 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Either hire an attorney tonight, or if you are indigent, plead not guilty and request a public defender.
Answered on Sep 28th, 2011 at 3:40 PM