should i hire an attorney for a dui case?

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i got a dui last thursday in pacific grove, ca...1st dui..27 yrs old...blew .10 how bad of a punishment am i looking at $, school, probation, license...any info would be helpful especially if u have had one...thanks


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  1. Joe C says:
    July 20, 2009 at 7:40 pm

    You are lucky that you did not kill someone.

    I note that you were close to the legal limit.

    Although I am not an attorney, I am a retired Biochemist and I do have some familiarity with these devices that test your blood alcohhol level based on the alcohol level in your breath.

    Some of these devices overstate your blood alcohol level, in some cases by 20% or more .

    It is entirely possible that you were actually under the legal limit, since you were close, you were within the level of accuracy of these devices.

    For this reason, I do recommend that you hire an attorney.

    You still need to have your rights protected and I do know that some of the devices that are used for testing the level of alcohol in your system are not as accurate as they would have you believe.

    I strongly disagree with the people who tell you not to hire an attorney and just plead guilty.

    If you blew a much higher amount such as a .16 or a .2 that would be a different matter. These devices are not that inaccurate.

    But where you were as close as you were, the answer is yes that is within the range of inaccuracy of some of these devices.

    I would have your attorney question the accuracy of the device. Even though it said that you had a .10 level, it is entirely possible that the actual level of alcohol that you had in your system was less than the legal limit.

    You are very close to the legal limit of .08.

    If the true amount of alcohol in your system was less than .08 the legal consequences for you are very different and much less damaging to you.

    I recommend that you interview several attorneys who specialize in this field. Ask them what they think your prospects are.

    After you have interviewed at least three attorneys who specialize in the defense of drunk driving cases, then make the decision whether you want to hire an attorney to defend you and which one you want to hire.

    I recommend that you interview at least one attorney who has experience as a former District Attorney or Deputy District Attorney.

    The attorneys with experience in the D.A. office often know best where the errors are most likely to be made.

    Although I strongly disapprove of drinking and driving I also think that it is very important that you not be overcharged for what you did.

    I am a retired Biochemist. I do know that these devices are often not as accurate as they claim to be and often overstate your blood alcohol level.

    Where you were close to the legal limit, it is entirely possible that you were actually under the legal limit because some of these devices do overstate your blood alcohol level.

    In the future, whatever the results of this legal case, I recommend that you do not drive for at least 12 hours after you have had any amount of alcohol. If you have so much as a glass of wine or a beer, call a cab if you need to go somewhere.

    I recommend that you talk to some attorneys who specialize in this field.

  2. Sarge says:
    July 20, 2009 at 7:40 pm

    Be Prepared to pay big bucks. You drink and drive……………you pay for it if you get caught. It’s going to cost you about $ 10,000.00 by the time it’s all over, maybe more.

  3. Mike A says:
    July 20, 2009 at 7:40 pm

    Take responsibility for your actions and plead guilty. It will work out best in the long run.

    Oh, don’t drink and drive. You’re lucky you didn’t kill yourself or someone else.

  4. Mr. Goodhi © says:
    July 20, 2009 at 7:40 pm

    Yes,

    your attorney might be able to get the charge reduced.

  5. pablasmom says:
    July 20, 2009 at 7:40 pm

    Unless you want the most severe punishment, YES you should hire an attorney, preferably one who specializes in DUI cases. You will probably have at least a steep fine to pay, and have to carry high risk insurance to keep your license (if it isn’t suspended), or have it restricted to drive only to work. It is also possible that you will have some jail time, but usually you can serve that over a couple of weekends. Expect probation, most likely unsupervised. The largest expense will be the attorney (if he or she is any good at all), but the long term consequence of having the conviction on your record is the worst I think. You will have to explain it prospective employers, landlords, etc. Hopefully with it being your first offense and having a good attorney you will somehow be able to keep it out of your public record. Good Luck.

  6. brr cold says:
    July 20, 2009 at 7:40 pm

    an attorney will help allot, could get charge reduced, license suspended yes, classes yes, in mo 1st one runs about $5,000.00 with fees, court cost and restitution, and auto insurance doubles

  7. hmm says:
    July 20, 2009 at 7:40 pm

    Are you a celebrity? If you are, that is great news for you! You could probably get away with a firm scolding. But if you are just a regular joe .. more then likely it will be a fine and a possible 7-10 day "shock time" in jail. Will probably have to get sr22 insurance(high risk) for 2 years. Also in MO you are required to take a SATOP(Substance Abuse Traffic Offender Program) program or one similar to be able to get your license back. I am not sure if it is the same in CA. I hope that helped a little bit and good luck. I would probably hire an attorney to help get the fine/jail time minimized as much as possible though.

  8. wsulliva says:
    July 20, 2009 at 7:40 pm

    The law in Pacific Grove, CA (actually, the whole State) is 0.08 to get charged with DUI. You blew a 0.10. It’s an open-and-shut case, assuming you blew all the preliminary "Simon Says" field sobriety tests, as well. (I assume you did, or they would never have dragged out the breathalyzer, in order to establish a "preponderance of evidence".

    In short, your goose is cooked. The difference between a 0.10 and a 0.06 is about one too many beers, and not enough time to allow your body to burn off the excess (about 0.015 per hour, roughly)

    Skip the lawyer. Plead guilty, declare yourself as having acted stupidly, and take any mercy the Court gives you.

    The lawyer will only delay the inevitable, and cost you as much (or more) in the long run.

    From now on (or, at least the next three years): If you are going to drink, don’t drive. If you are driving, don’t drink.

    In any stop from here through the next three years, your DUI will pop up when they run your plates and ID. They will suspect you of drinking, again. (Don’t BE there!)

  9. Bob says:
    July 20, 2009 at 7:40 pm

    Heres the trick of this question:

    If the police have a good case against you it would be pointless to hire an attorney. You will pay WAY more money (attorney fees PLUS your fines and costs) and get the same punishment.

    But if the case is weak – then an attorney could possibly get it dismissed, dropped, or reduced.

    It’s hard for me to recommend a course of action when i do not know the relevant details.

    In my state (not CA) a FIRST time DUI offender can easily handle his own case and get the same punishment as a lawyer will get him with way less money spent.

    Of course if you were a millionaire it would be BETTER to have an attorney. But often for a first time offender you can get by just fine without one and save some money.

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