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soma 09-29-2008 05:47 PM

Hiring A Lawyer For A DWI
 
I don't know if I'm allowed to even ask this question, if not, I'm sorry and have no problems with this thread being locked/deleted.

I got my first DWI on Friday and am considering hiring a lawyer. I'm trying to find good information online about whether or not it's worth it to hire a lawyer for my offense, but all related articles are hosted on law firm websites which I can't really trust. I just want to hear what real people have done with their own situations.

If you have or have not hired a lawyer for a DWI offense, I'd be interested in hearing about your experience. I also understand that any advice I get here is not professional legal advice and will not take it as such.

Martian 09-29-2008 11:55 PM

I think the advice is going to be highly specific to your circumstances. You might be able to get off with community service if it's your first offence, but as projected I am not a lawyer, so don't take my advice as anything other than what it is -- an amateur opinion.

I seem to recall that you're in college. If this is the case, you can probably get free or cheap legal advice on campus. That would be my first line of inquiry.

In other news, driving drunk is a fucking terrible idea. Be thankful you didn't kill anyone.

Poppinjay 09-30-2008 03:19 AM

It depends on the level. But the best advice is yes, hire a lawyer, make sure you bring him your BAC readout, and he will likely get you into a diversion program.

skizziks 09-30-2008 08:09 AM

Ok, I'm probably going to come across as a dick, and I don't mean to. I would like to know why you need a lawyer? Are you trying to be found innocent? If you were caught drunk, then you are guilty, and you go to court and get your sentence. I know you want to protect yourself, but I don't think the court will send you to maximum for 10 years because you don't have a lawyer to bargain down to community service.

Then again, I don't really understand the court system and why you need a lawyer. I thought you get a lawyer when you are trying to plead your side of a case when it's not cut and dry, black and white.

I'm sorry I didn't answer your question or help in any way.

mixedsubstance 10-01-2008 12:39 PM

Find a lawyer that only specialized in DWI's. Don't pay more than $3000. And, yes, it's good to get a lawyer. Have all your facts straight, any evidence, etc. You can meet or speak with a lawyer at no cost first to get an idea of how they are and how much they charge.

skizziks- you can usually get it dropped to a reckless (with passenger) or Neg1 (without passenger) unless your BAC is really high, you hurt or killed someone, or you were driving very irratically.
-----Added 1/10/2008 at 04 : 39 : 48-----
And do everything they need you to do ASAP- drug alcohol class, dui victims panel, and evaluation.

Glory's Sun 10-01-2008 12:55 PM

yes get a lawyer. the insurance will be a lot cheaper if he can get it reduced or even wiped out completely.. you never know what they might find.

pig 10-01-2008 08:06 PM

Do you know any lawyers that can give you some advice on your particular situation? In my experience, I would definitely say that having a lawyer is a good idea if you can afford one. It might be expensive, and you might lose the case or not receive any substantial benefit. However, you don't know the system, and this is what they get paid to do. As gucci points out, if you can get it dropped or reduced, you save on insurance big time. I know in SC, you have to a special insurance program called SR-22. I think you might lose your license for a period, and then the insurance is very expensive.

That said, driving under the influence is a bad idea. I'd like to say that I never have, never will - but there have been times. And I hate to say it, but I would venture that there may be times again. As Sam Kinnison said, if they don't want you drinking and driving, they shouldn't have parking lots at bars. Seriously, what do people rationally think is going to happen?

Makedde 10-01-2008 08:08 PM

Don't you get given a lawyer for free if you can't afford one? If you are guilty, why would you need one at all?

inBOIL 10-01-2008 08:53 PM

Quote:

Originally Posted by Makedde (Post 2536456)
Don't you get given a lawyer for free if you can't afford one? If you are guilty, why would you need one at all?

Public defenders' offices are usually understaffed in the U.S., so the quality of free representation is usually lacking due to time constraints on the lawyers. Also, I don't believe that legal aid is given for traffic offenses; I'm not sure if this applies to DWI or not.

Even if you're guilty, a lawyer will be able to give you good advice on getting your punishment reduced. The system is set up with the assumption that you have representation or know what you're doing, so going it alone puts you at a disadvantage. And I don't know the details of this, but occasionally a judge will deny someone's request for legal aid. I believe this only happens when a defendant is deemed to have enough money to afford a lawyer.

Poppinjay 10-02-2008 01:44 AM

In some states, the judge in the initial hearing will tell you outright not to plead yet, and to get a lawyer.

Why get a lawyer if you're guilty? Negotiations. The law may stipulate mandatory jail time, while the community may offer diversionary programs to avoid that. Some people say screw it, I'll do 48 hours and be done with it. Some prefer to get the evaluation, do the victims panel, watch the blood on the asphalt film, and drop by the local constable's office once a week or month.

Additionally, there is also the mix of what the local community requires and what the state requires in terms of DUI. In some areas, it's both a state law and a local law, in others, not so.

So, best left to a lawyer to sort it out.

asaris 10-02-2008 04:18 AM

I wouldn't knock the PDs office; they're always very experienced, and know the prosecutors. But the Constitution only guarantees you a free lawyer if you're facing possible jail time. I don't know how likely that is for a first offense DWI. I only know how it works in Michigan -- there, it would depend on BAC.

mixedsubstance 10-03-2008 07:52 PM

soma- many people's advice on here is good, some of it not. But I've had to deal with it myself. Got it dropped to a reckless (would have been down to a neg1 if I didn't have a passenger). It still felt like the end of the world, but there are great steps in which I am glad I took. Please re-read my post and trust me on it. 1- do all the DOL regulations, 2- call around for lawyers, you can interview them for free, no obligation. but do it SOON- you only have a limited time. Look up DUI laws, and questions to ask and things to look for in a lawyer. Don't get a public defender, they are not as personable and you really don't get to have any meetings with them before court.


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