What should I do if I am a first time DUI offender? - Criminal Law Questions and Answers- LawQA.com

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What should I do if I am a first time DUI offender?

Here is the deal. I got a DUI after I was pulled over for speeding (11-14 mph over). I did not decline any tests. I failed the breathalyzer downtown. The portable breathalyzers never registered anything. I blew a .11 downtown. I accept that it was a stupid decision and I do not plan on trying to get not guilty. I would like to try to get court supervision for my DUI. Do I need a lawyer for this, or can I just ask the prosecutor myself for court supervision since it is my first offense? I know I was wrong and don't ever plan on going back to jail. I just need advice on whether or not to get a lawyer for this particular case.

Edward  D. Dowling IV Attorney at Law
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Yes you should hire an attorney as you have a much better chance of getting a favorable result than without one.

Answer Applies to: New York
Replied: 10/26/2011

Law Office of Thomas A. Medford, Jr., PC
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In the District of Columbia if your test results are below a certain level and you have no prior DUI's you may have an opportunity to be in a diversion program. If you are not presently represented by counsel you can speak with a prosecutor to see if you can participate in the program.

Answer Applies to: District of Columbia
Replied: 9/2/2011

Answer By John Carney
Law Offices of John Carney
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You should retain a good criminal attorney to handle the case. I offer a free consultation and with a .11 BAC there is a good chance that you will only be convicted of an Impaired violation and lose your license for 90 days

Answer Applies to: New York
Replied: 9/2/2011

Law Office of Michael E. Hendrickson
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Yes, get a lawyer who knows how to defend DUI cases in the jurisdiction in which you were charged. DUI is a criminal misdemeanor offense with possible serious adverse consequences for your future (if you're convicted) which an experienced attorney may be able to mitigate in some measure and which you are unlikely to be able to do on your own.

Answer Applies to: Virginia
Replied: 9/1/2011

Answer By Carlos Gonzalez
Gonzalez Law Associates P.C.
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The prosecutor generally will not even speak to you... You're being charged with a crime that could lead to a criminal record permanent against you... I would highly recommend having an attorney with you.

Answer Applies to: New York
Replied: 9/1/2011

Michael Breczinski
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Your questions are why you need an attorney. First do not plead guilty off the bat you lose any bargaining power. First an attonrey might be able to get you a plea to a lesser charge and make a deal so you won't serve time. Next the DUI carries more fines and points on your license than "impaired".

Answer Applies to: Michigan
Replied: 8/31/2011

Martin Law Offices, PLLC
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It appears that you will be charged with a Misdemeanor DWI, which in Minnesota can result in 90 days in jail and $1000 fine. There are also collateral consequences from a DWI DUI criminal charge in Minnesota, such as driver's license revocations, license reinstatement fees, court fees, increased insurance premiums, and potentially restricted access to foreign countries based on your criminal record. Even if you intend to resolve your case without contesting the charges, it is always a good idea to have a lawyer review the case and educate you on what is happening before you act. Having an experienced lawyer guide you through the process will alleviate stress and keep you from waiving rights you should not waive. To answer your question, court supervision without a conviction on a DWI is highly unlikely. However, many potential resolutions are possible. I suggest you take advantage of a free case evaluation by a few experienced DWI lawyer before taking your next step. You may be able to save yourself some time and money by educating yourself on what lay ahead.

Answer Applies to: Minnesota
Replied: 8/31/2011

Law Office of Richard Williams
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I do not know what court supervision means unless you are talking about probation. You may qualify for one of the new diversion programs that are now in place in some counties that may prevent you from being convicted of DUI.

Answer Applies to: Alabama
Replied: 8/31/2011

Law Office of Phillip Weiser
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A first offense DUI can carry a maximum of 6 months jail and fines of $1500. The minimum is 48 hours and $750. On a first offense, there usually is a possibility of a diversion. You should ask about that. If you want to save money, you could negotiate directly with the prosecutor and not hire an attorney. If you are not financially able to hire an attorney but think you want to have the assistance of counsel, you can ask the judge to appoint one to help you. I would not advise going it alone as there are pitfalls you may not be aware of.

Answer Applies to: Kansas
Replied: 8/31/2011

Answer By Thomas J. Tomko
Thomas J. Tomko Attorney At law
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If you are comfortable with representing yourself and not knowing if you have a defense to the case or if the charges can be reduced or what the consequences are of a plea, then you can proceed without an attorney. The choice is yours, but it is best to have someone on your side to review your case and best negotiate a result. Everyone else in the process is against you and is looking forward to your conviction. It would be wise to have someone in the process who is on your side.

Answer Applies to: Michigan
Replied: 8/31/2011

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