Is it worth it for me to invest in a lawyer to have the case dismissed?

Question

As I was exiting the freeway in a double turn lane, the passenger side of my car was hit by another individual. I believe, he thought I was turning in the opposite direction. After we both pulled over, a highway patrol officer stopped. He smelled alcohol on my breath after we were telling our respective sides of the story. I was given a breathalyzer and passed other tests. The result was .09. I had a margarita for lunch. This is my first offense. Judging by all of this alone, is it worth it for me to invest in a lawyer to have the case dismissed?

Dorinda Ohnstad · Answer

You're not likely to get the charges dismissed but may be able to argue for a wet reckless given the BAC level. There may also be an argument that you had a rising BAC as there was likely a lapse in time from the accident until the officer arrived and conducted the FSTs and had you blow. A wet reckless is significantly less costly and only carries a 12 hour DUI course instead of a 3 month one to get your license back. An attorney is generally necessary to get the reduction, although a good court appointed attorney could do the same as a private attorney.

Jeff Yeh · Answer

Absolutely. If you plead to a DUI, expect your insurance premium to at least double, installation of IID on your vehicle ($100 per month of rental fees), serve at least 3 years of probation, pay fines of close to $2000, attend class for 3-9 months, costing anywhere from $500 to over $1000. Worst of all, your license will be suspended for at least 6 months, and you will have a criminal record. Prosecutors don't like accident cases, so you better have a good DUI specialist in court. And remember, you have only 10 days to save your license!

Eric Sterkenburg · Answer

In California you have violated the vehicle code for a DUI if your BAL is above 0.08. With a BAL of 0.09 you will need an attorney to have any chance to have it dismissed or reduced to a lesser count.

Mark Broughton · Answer

You should have done so already!

Christopher McCann · Answer

You definitely should fight this. You have a low blood alcohol level. If you had recently drank, there is a very good change you were below the .08% limit when you were actually driving. What it was later when they tested you doesn't matter. While it is still possible to get a DUI when under .08%, because the other guy was at fault for the accident, I don't see any bad driving required to support such charges. Hire a lawyer who focuses on DUI right away. You only have 10 days from the date of arrest to contact the DMV to schedule a hearing and avoid a suspension.

Anthony Sessa · Answer

As a general rule, in life, when you are confronted with a situation involving the criminal justice system, always engage in attorney to help you. Once you are convicted for any crime, infraction, misdemeanor, or felony, there will be unintended consequences into the future that will hound you forever.

Edward Blum · Answer

Yes. Your case will probably not be dismissed. You will have to fight and beat your case.

Andrew Roberts · Answer

You better invest in a lawyer. This is serious. You have to request a hearing from the DMV within 10 days of your arrest. The DUI is a misdemeanor. This case is simply not going to be dismissed.

Ernest Krause · Answer

Have you been arraigned? If not, go to court on your own, tell the district attorney you want all "discovery." This is the evidence against you, including the police report. Tell the judge you are looking for an attorney and want a month or so to find one. Read the "discovery" carefully. A competent attorney would be worth an investment if you have some money to spare. But shop around. Attorneys need clients at least as much as defendants need attorneys.

Brian Wanerman · Answer

That depends on many factors that may affect your situation. For instance, depending on what kind of work you do, a conviction may affect any licenses you need to stay in business or employed. You should consult an attorney for advice before making the decision whether to hire one or represent yourself. Most attorneys will give you an initial consultation for free.

Philip Hache · Answer

It is definitely recommended for you to have an experienced DUI lawyer represent you in this case.  Although it is possible that an attorney could get a case completely dismissed, there is no guarantee of that result no matter who you hire.  An attorney can work the case to look for flaws in it and appropriate defenses in an attempt to get the DUI charges dismissed or reduced to a lesser charge.  Unless there is no question or argument that the other person was 100% at fault (and that is rarely the case), they will likely try to use the DUI arrest against you in seeking damages in what is called a "restitution" hearing.  And even if it was determined that the other driver was 100% at fault, it wouldn't mean that your case is automatically dismissed given that you had a BAC higher than .08.  With the accident involved, your case becomes more complicated with potentially more risk involved (above an already serious DUI case).  You may find that not having an experienced attorney representing you may cost you more in the long run.

Todd Landgren · Answer

Depending on the County and Court, an .09% probably wuold be reduced but not dismissed, depending on all aspects of the case. A lawyer would definitely help, but don't expectthat it will be dismissed without going to trial. In most courts, you would be lucky to get a"wet" reckless offer, which really doesn't amount to poop.

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Is it worth it for me to invest in a lawyer to have the case dismissed?

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