Got a DWI....do I need a lawyer?

Histrionic · #1 03-02-2006, 06:03 AM

So I got a DWI the other night and blew a .14 after I failed the field sobriety test and was arrested. The legal limit in the state I'm in is .8. My question is if I need a lawyer or not. I have a friend that just got one ( he blew a .9 however ) and all he got was a probation officer and six AA classes. Obviously a .9 is different than my .14 though. I'm a little worried because I just graduated with a degree in politics and am worried about this biting me in the assss a few years down the road. Could a lawyer do anything to lessen the charges or possibly expunge/hide it in my record? I talked to one lawyer who wanted 5K. Another one wanted 2K. So of course it wont be cheap. Is it worth it to have them represent me in court or not? Thanks

BCPVP · #2 03-02-2006, 06:07 AM

Why did you take the field sobriety test?

Bump-en-Stein · #3 03-02-2006, 06:36 AM

You need to ask someone who is familiar with your local D.A. and their policies.

If you do shop for an attorney, ask them how much better than a "standard first time" they can get you and how much will it cost. Also, you may wish to contest the DMV hearing which (losing) will result in suspended license.

Personally, I doubt a lawyer will do you any good, unless you think there were no grounds for a stop. If you get the stop thrown out, you win.

Assuming you won't beat that ... I think you can do it yourself:

1. Go to the arraignment and plead "not guilty." How is this done. You go to court on the assigned date and check in with the clerk. She will seat you in the audience.

Before you leave the clerk, however, ask her if you can speak to the D.A. so that you can get your "discovery packet." (The discovery packet is a copy of your file and has your test results, police report, etc.) Whatever you do, make sure you get that from the D.A. before you go. Most of the time, someone will just hand it to you. Its no big deal.

Your case will be called, and you walk up to the defendant's podium, and wait for the judge to address you. He will read your charges and ask how you plead ... you say "not guilty."

Next, the judge will set a pre-trial. No matter what date he throws out, ask him to add 30 - 60 days so that you can "hire a lawyer." Write the date down so you don't forget.

2. Come back for your Pre-trial on the date the judge sets at the arraignment. *See if you can approach the D.A. before things get rolling (don't forget to check in with the clerk first). Actually, make sure you get the D.A.'s card at the arraignment, so you can call him or her before hand and let them know you want to talk before court.

Anyhow, tell the D.A. that you've been shopping lawyers, etc., and some tell you that you have a case, but you are not sure about paying 5k. Instead, you have decided to see what the D.A. can offer. Usually, the D.A. will offer you the standard "first time offense." However, what they don't tell you is that the fine, etc. will be higher than if you had private counsel.

Its still ok, because you are going to come way out ahead. Even if you had private counsel, you would still be paying a hefty fine and going to AA and traffic school, and all that crap.

Remember, this is only worth it if you can't challenge the stop.

Once the D.A. gives you the offer, wait for your case to be called. Usually the D.A. will announce the deal on behalf of the "people" and the judge will read it all to you and ask you if you accept and will plead guilty.

After the proceeding, wait in the audience as the clerk has to type up your paper work. You will be given instructions on where to go, etc.

baumer · #4 03-02-2006, 06:50 AM

uhh,

0.8 > 0.14
0.08 < 0.14

i hope the next time you drink and drive something horrible happens that only involves you and/or your car.

jerk

Roy Munson · #5 03-02-2006, 07:05 AM

If you are looking at a future in politics I would not worry about the DWI. Our current President and Vice President have racked up three between them.

beenben · #6 03-02-2006, 07:44 AM

A lawyer could get you out of it if there is something wrong with the stop, or the test or how they handled your rights or some other constitutional argunebt, but it's not very likely. Most likely, you're going to get this on your record. You're not going to be able to get it expunged for about 20 years. If it was closer to the limit, you might be able to get a careless driving, but at .06 over the limit that's not going to happen.

captZEEbo · #7 03-02-2006, 08:17 AM

noobie question: what's the difference b/w dwi and dui?
(I did dictionary.com driving while intoxicated and driving under the influence).

MrTrik · #8 03-02-2006, 10:53 AM

I suggest you get a lawyer, and a good one. It's going to cost you a lot but there is a lot at stake.

Your only chance of getting the charge reduced is with a decent DWI lawyer who hopefully has a relationship with the DA. It's going to be a crapshoot even with a lawyer due to the high blow.

Besides a reduction, which would save you thousands in car insurance in the future and look better in your political career, he can help get a reasonable punishment should you get convicted.

MrTrik · #9 03-02-2006, 10:54 AM

[ QUOTE ]
noobie question: what's the difference b/w dwi and dui?
(I did dictionary.com driving while intoxicated and driving under the influence).

[/ QUOTE ]

They are the same. Only depends on the state as to which one is used.

freekobe · #10 03-02-2006, 11:19 AM

Get a lawyer. You might be able to get it off your permanent record after "x" number of years or have the charge reduced to something less meaningful. This will matter if you apply to graduate school.

And oh yeah - don't f.cking drive drunk, you idiot. You should consider yourself lucky to be in the situation you're in.