My husband got his firs DUI this weekend. Does he need a lawyer when he goes to court?
My husband has court on Sept 7th 2007, does he need to take a lawyer with him? He got 3 tickets! and his license suspended for three months! I know he can get a driving permit if it is his firs offense which it is. I don't know what to do or how much money im going to need. Can someone help me.....
Answers:
If your husband intends to plead guilty, he won't need a lawyer. He would then just pay the fines and serve whatever other sentences are imposed by the court (alcohol classes - etc.).
He will need a lawyer if he intends on fighting the charges. Unfortunately, lawyers are not cheap! A friend of mine paid $2500 for one and she still got charged for DUI. However, she did get her sentence reduced from an Extreme DUI to a regular DUI. Pretty much all DUI Lawyers will give you a free consultation and will tell you how much their fees are then.
He can get a public defender if he cannot afford a lawyer on his own. The sentencing court will have him list his income and will make a determination on whether he qualifies for one or not. He may have to pay some money out, but not nearly as much as if he hired a private lawyer.
As far as the effect on his license - when someone gets a DUI, most states will suspend your license for 90 days (30 days of no driving, 60 days of having a restricted license where he can only go to work, school-etc.). If his license was already suspended at the time of his DUI arrest, he will lose his license for a longer period of time, and may be subject to additional fines and punishments if he gets convicted for the DUI.
You can go to http://www.1800duilaws.com - that site will give you an idea of what kind of punishments are imposed for DUI in each state and also has information on finding a lawyer in your area. Keep in mind that the fines may end up being a lot more than what they list due to surcharges - etc.
I hope this information is helpful. Good luck to you!
AA
Having an attorney never hurts when you have to go to court.
Yes, he should retain a lawyer.
By referring to this has his 'first DUI', you are enabling.
Shame, shame - we know your name.
In Oregon, if he wants to get a hardship license to drive, he needs to request a dmv hearing within 10 days of receiving the ticket. No exceptions. If I were him, I would get a lawyer, because a lawyer can also negotiate a diversion plan and possibly reduce his fine and stuff. And request that DMV hearing, he has nothing to lose to request it.
It's a bit late now - but still better late than never.
I got a lawyer, the day I was stopped for 93 in a 40 (misdemeanor). The lawyer contacted the courts, before the case got to the prosecution service & I did 1-day traffic school & the charge was dismissed.
$2700 seemed pretty steep - but driving a Corvette, with that as my second speeding ticket..just imagine what my insurance would have been !
I would have a lawyer with me.
If you can afford it, get a lawyer.
unfortunately I have exp. with this. I got a DUI back in 2001 and in my state there was a $700 fine. A suspended license until I took ADSAP (A program for alcohol and drug safety) that was $400, and I also had to carry SR22 insurance for 3 years. I would not think he needs a lawyer unless he is going to fight the DUI.
I hope this was helpful., I learned my lesson. Will not drive if I have had even one drink. Good Luck, this to Will pass
If you were facing a serious disease, wouldn't you want a doctor to help cure it? Your husband is facing some serious charges, get a lawyer!!
Yes. Those who represent themselves get the worst deals because the prosecutor knows they don't know the ins and outs of the legal system.
He should be very careful in selecting a lawyer. the key element is a good working relationship with the judges: I have seen people fare much worse than they would have by representing themselves simply because the attorney annoyed the judge.
An attorney who specializes in DUI may also have access to forensic "expert" witnesses who specialize in refuting the evidence in DUI cases. I don't know how effective this strategy is, though, because i've never seen it in the courtroom. That strategy could easily backfire if the judge has had bad experiences with the particular witness of his kind in general.
Whatever the outcome of the case, your husband MUST face up to his problem with alcohol. When a person is first caught driving under the influence, he/she/ has usually been doing so regularly for some time. Getting caught can be an isolated incident; driving drunk never is. This DUI charge is a small but visible part of a much larger problem.
One afterthought: it may be possible to work out a deal with the officer of the prosecutor before the trial that would involve voluntary participation in a program of some sort in exchange for reducing the DUI to another charge that does not involve the loss of his license.
Ahhhh his first! I know he's excited. I remember my first like it was yesterday. Since then I've had so many it's hard to remember them all but the first is special and you never forget it.
Lawyer or not remember to take plenty of pictures and you might want to take him out to dinner to celebrate this being his first.
Good luck to both of you. It's only his first but he's chosen a wonderous path full of excitement. I bet ya'll are both really excited and can't wait for his first vehicular homicde.
But be patient. All in good time!
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: