QUESTION

What will I do or option for my first DUI arrest?

Asked on Jun 27th, 2013 on DUI/DWI - Michigan
More details to this question:
I was stopped for "failure to dim" my headlights after I flashed my brights at a highway patrolman with particularly bright headlights. I went through the FST's and blew a .108 on the intoxylyzer. I was cooperative and performed well on the tests. This is my first arrest or citation at 28 years old. I have consulted with a couple attorneys but don't want to invest all that money if my chance of a favorable outcome isn't increasing. Thoughts and advice are greatly appreciated!
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9 ANSWERS

Michael J. Breczinski
Often there will be some sort of reduction of charge if you spend the money and fight the matter.
Answered on Jul 01st, 2013 at 2:08 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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In California, you are usually looking at 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. Also, depending on your blood alcohol level and the jurisdiction where the case is being heard, it may be possible to have the DUI plead down to a wet reckless driving charge. No attorney can guarantee success or even tell you what the odds are of obtaining a favorable outcome.
Answered on Jul 01st, 2013 at 11:46 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. Remember, everyone is over the legal limit, and if that alone meant you've got no case, every DUI lawyer would be unemployed by now.
Answered on Jun 28th, 2013 at 4:40 PM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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You are asking whether a lawyer is worth the money? Only you can answer that question. I'm a lawyer, defending DUI cases is the only thing I do, I train and educate myself on the law, science and trial tactics to know what to look for and defend these cases at least 12 hours a year for the past 16 years. Many of the cases my firm, and I, have won did not appear strong at the outset but investigation and hard work resulted in our clients having their cases dismissed or acquitted. While this doesn't happen in every case it happens often enough that we get great referrals from other lawyers and clients. Your results may differ, but going into court without a lawyer tells the DA that you aren't fighting these charges and you will plead to a DUI instead of having a shot at reducing the charges, dismissal or acquittal
Answered on Jun 28th, 2013 at 1:24 PM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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Get qualified counsel. You may be not guilty?
Answered on Jun 28th, 2013 at 11:47 AM

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Criminal Law Attorney serving Melrose Park, IL at The Law Offices of Carlos H. Davalos
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Supervision is likely if charge is a misdemeanor. You may be effectively forfeiting a number of defenses by not hiring an attorney.
Answered on Jun 28th, 2013 at 11:41 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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I could not advise you in more detail without looking at al the police reports. Having said that, you blew a .108. The legal limit is .08. If the BAC (intoxylyzer) is working properly and the result gets admitted, you will be found guilty, regardless of any other factors in your case. As such, initial focus would be on the machine. If the results do not get admitted, you are not necessarily out of the woods because you could still be found guilty of DUI, if it can be shown that your driving was "affected to an appreciable degree". DUI cases are tough.
Answered on Jun 28th, 2013 at 10:50 AM

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If you think you know the law as well as the judge and the prosecutor, you can represent yourself. But as you said, paying an attorney will be an investment in your future, and your drivers license. I think you will be better off retaining an experienced attorney.
Answered on Jun 28th, 2013 at 10:29 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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No attorney can or will guarantee, or can even prove, an improvement if it happens. You are risk adverse, which is fine, accept your fate. I would only like to add the following: I am glad I am a potential legal counselor and not your physician who will have to tell you nothing in medicine is guaranteed either, and life is invariably fatal.
Answered on Jun 28th, 2013 at 8:31 AM

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