QUESTION

If I'm going to plead guilty to a DUI, do I need an attorney?

Asked on Jan 18th, 2013 on DUI/DWI - Georgia
More details to this question:
I made a mistake. I don't have the time and money for an attorney and a possible trial. If I just plead guilty on my own, how bad will that be?
Report Abuse

12 ANSWERS

John J. Carney
If you are indigent, and that seems likely, you will have a public defender who will handle the case. he will try to get a DWAI violation if possible. The fact that you do not know that is troubling. What you do not know will hurt you in life.
Answered on Mar 11th, 2013 at 7:43 PM

Report Abuse
This depends on whether your new OWI (=DUI) if your first or a subsequent conviction. A first OWI can be expensive, but it does not carry jail time as part of the penalty. Second and later offenses carry mandatory jail time, and the kind of deal you make depends on how much alcohol was in your system, whether there was any really really bad driving, whether anyone was hurt, etc. You ought to consult a lawyer at least once, to get some orientation toward what you may be facing. Apart from jail, there are stiff fines, an Alcohol and Other Drug Assessment, the cost of an occupational license, and increased costs of automobile insurance for a few years.
Answered on Jan 24th, 2013 at 10:29 AM

Report Abuse
Drug Charges Attorney serving Houston, TX at Cynthia Henley
Update Your Profile
Most courts will not allow you to proceed without a lawyer unless you are able to demonstrate the ability to represent yourself properly. Moreover, if you plead guilty without having a lawyer review the case, you will never know if it is defensible.
Answered on Jan 24th, 2013 at 10:29 AM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Usually for a 1st time DUI conviction, there is a 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). If your blood alcohol level is above .20 then there is a 10 month restriction, as well as other enhancements for excessive alcohol. Fines from $390 to $1,000 plus penalty assessments and court costs which beings to the total to about $2,000.00. Your car may be impounded for up to 6 months. Up to 3 year optional ignition interlock device installed on your car. 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance. If you have had a prior DUI within the preceding 10 years, it could be charged as felony with between 1 year and 3 year jail sentence. Depending on the County where the arrest occurred, generally a 1st time DUI offender, with a good attorney, will do little, if any, jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually order that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to DMV. This is what you are looking at. I suggest that you retain an attorney.
Answered on Jan 18th, 2013 at 7:47 PM

Report Abuse
Michael J. Breczinski
Years of higher insurance premiums, fines, suspension of license, possible jail drivers responsibility fees (In Michigan). You can't afford to not have a lawyer.
Answered on Jan 18th, 2013 at 7:46 PM

Report Abuse
Criminal Defense Attorney serving Moses Lake, WA
Partner at Patrick O. Earl
3 Awards
In my opinion it is crazy to represent yourself on any criminal matter. If you don't have the money to hire an attorney apply for a court appointed attorney.? They are great lawyers. Don't do this on your own.
Answered on Jan 18th, 2013 at 7:46 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Very bad, if it is at all possible you should see if something can be do as the effect on your record, license, costs and insurance rates are disastrous.. You should at least counsel with a local attorney before you make a decision.
Answered on Jan 18th, 2013 at 3:34 PM

Report Abuse
Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
Update Your Profile
You will have a criminal record for life! Get an attorney. If you are indigent the court will appoint you an attorney. Depending on the facts of the case it may be possible to work something out that will not leave you with a criminal record for life.
Answered on Jan 18th, 2013 at 3:34 PM

Report Abuse
Criminal Law Defense Attorney serving St. George, UT at Edward D. Flint Attorney at Law
Update Your Profile
You will pay a fine of at least $1,340, take a 16 hour class that costs about $200, lose your driving privileges for at least 120 days on a first offense, pay $230 to reinstate your license, be required to install an interlock device on any car you operate at a cost of about $1,500 a year, do at least 2 days of jail or 48 hours of community service, pay about $50 and attend a victim impact panel, have your insurance rates go up, and have this crime on your record for at least 10 years.
Answered on Jan 18th, 2013 at 3:33 PM

Report Abuse
Domestic Violence Attorney serving Orange, CA at Law Office of James Gandy
Update Your Profile
It is always better to have an attorney to review the case and determine if a plea is the best possible result. A good attorney would not enter the case looking to plea; instead, the attorney would enter the case to review it to determine if a plea bargain was acceptable under the circumstances of your case or whether trial is better (simply pushing to go to trial can often lead to a better plea bargain). It would be impossible for me, or any attorney, to properly offer you any information here that could specifically apply to your case but, I can provide some basic guidelines. Normally, in a DUI, two factors are important: (1) The BAC - Blood Alcohol Content and (2) the circumstances of the stop. If the BAC is 0.08-.10, it may not be in the defendant's best interest to take the first plea or any plea at all (this depends). If the circumstances of the stop demonstrate that the police exceeded its authority, the BAC will not be important since anything that the police obtained from the stop will not be admissible in court. Once again, given the information provided, no one could properly answer this question and, no attorney could properly obtain this information unless and until they became your attorney; they would have to obtain paperwork, videos and/or audios to make a proper determination. Though I usually charge $3000 for a DUI case, I will refund part of the retainer if my client pleads guilty under similar circumstances. Perhaps, you should look for an attorney with a similar policy.
Answered on Jan 18th, 2013 at 3:33 PM

Report Abuse
If you're going to make the stupid mistake of representing yourself, then no you don't need a lawyer. And slowly but surely, the consequences will come crashing down on you, including an expensive alcohol class, IID installation (also expensive), a doubling of your insurance premium, fines close to $2000, and a criminal record and probation.
Answered on Jan 18th, 2013 at 3:31 PM

Report Abuse
Criminal Law Attorney serving Altamonte Springs, FL at The Trabin Law Firm, P.L.
Update Your Profile
Yes. Don't plead guilty without an attorney. The attorney can examine the case before you plead guilty to determine whether there are any reasons to try and throw out some or all of the evidence. You can always plead guilty after a lawyer thoroughly goes through your case.
Answered on Jan 18th, 2013 at 3:31 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters