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First offense DUI/DWI Question

P

Panakk

Senior member
I've got a friend who got a DUI. It's his first offense. He blew twice the legal limit.

What should be his course of action to save his butt? Should he get an attorney or merely plead guilty without an attorney.. All he's trying to do is not spend time in jail..
 
If he as an attorney, that person should already be trying to keep him out of jail. Isn't that their job?

Oh, and NEVER let them test your breath.
 
He should talk with is lawyer about what he should do. In the end he'll proabably be advised to plead guilty and receive a lesser punishment, in the long run it'll be cheaper and faster that way.
 
Honestly, your "friend" deserves the time in jail. I lost a good friend and father of two to a drunk driver last fall. F*ck him and his attorney.
 
What is he can't afford an attorney.. Can he just go in person and plead guilty?? It's his first offense. He just wants to pay the fine, get the probation and walk out of there.
 
How do you not submit to a breathilizer? Do you just tell them you won't do it?

Originally posted by: pulse8
If he as an attorney, that person should already be trying to keep him out of jail. Isn't that their job?

Oh, and NEVER let them test your breath.
Click to expand...

 
Originally posted by: Panakk
What is he can't afford an attorney.. Can he just go in person and plead guilty?? It's his first offense. He just wants to pay the fine, get the probation and walk out of there.
Click to expand...

You said in the original post that the attorney plead guilty. I'm confused.
 
Find a good attorney, follow their advice. Shouldn't be hard to avoid jail if it is his first time. But warn your friend this will be a very expensive lesson in why you shouldn't drink and drive. Attorney fees, court costs, fines, and all the other associated costs add up to a couple grand by the time your done.

And no I have never driven dunk, I just have an idiot for a friend. He gets pissed everytime I point out he could have a big screen HDTV for what one ride home from a bar cost him 😀😉
 
Originally posted by: cjchaps
How do you not submit to a breathilizer? Do you just tell them you won't do it?

Originally posted by: pulse8
If he as an attorney, that person should already be trying to keep him out of jail. Isn't that their job?

Oh, and NEVER let them test your breath.
Click to expand...
Click to expand...

If you don't submit to a breathalizer, you lose your license, no questions asked.
 
Originally posted by: cjchaps
How do you not submit to a breathilizer? Do you just tell them you won't do it?

Originally posted by: pulse8
If he as an attorney, that person should already be trying to keep him out of jail. Isn't that their job?

Oh, and NEVER let them test your breath.
Click to expand...
Click to expand...

Yup. You'll lose your license for a year by doing so, but it's better than having a DUI on your record. At least that's how it is in Florida. Not sure about other states.

Although, you should just not drive drunk to begin with. 🙂

If you don't submit to a breathalizer, you lose your license, no questions asked.
Click to expand...
Correct. Would you rather have a DUI on your record so that every car insurance company or employer will be able to see it or would you rather just not drive for a year and learn your lesson?
 
Fausto I agree with what you say and drunk drivers should be punished.. I'm just being biased because it's my friend that's involved.

The problem with the law is, most people are fine, they don't even feel drunk but they still blow 0.14.. How do you tell when you're drunk and when you're not.. I have two beers, i feel blue but I'm sure I'll blow a 0.11.. Who's to day what each person BAC level should be..
 
Originally posted by: cjchaps
How do you not submit to a breathilizer? Do you just tell them you won't do it?

Originally posted by: pulse8
If he as an attorney, that person should already be trying to keep him out of jail. Isn't that their job?

Oh, and NEVER let them test your breath.
Click to expand...
Click to expand...


You can refuse the breathilizer, but in most states that is an equally bad crime as driving drunk. But once they have your breathilized with results over the limit, you are SOL and should plead guilty unless your attorney has a good plan.
 
Originally posted by: Panakk
What is he can't afford an attorney.. Can he just go in person and plead guilty?? It's his first offense. He just wants to pay the fine, get the probation and walk out of there.
Click to expand...

I think he should get more than a fine and maybe even a little jail time with Bubba.
 
Originally posted by: Panakk
Fausto I agree with what you say and drunk drivers should be punished.. I'm just being biased because it's my friend that's involved.

The problem with the law is, most people are fine, they don't even feel drunk but they still blow 0.14.. How do you tell when you're drunk and when you're not.. I have two beers, i feel blue but I'm sure I'll blow a 0.11.. Who's to day what each person BAC level should be..
Click to expand...

The problem is that when you're drunk, it impairs your judgement and for most people, they have NO idea how drunk they actually are.
 
Friend of mine (honestly he was not me) got one a couple of years back. He went through the steps and all told he ended up paying $2-3k including lawyers fees and lost his license for 6 months, but he kept driving anyway.
 
I wonder what will happen if you just appear in court without an attorney.. Just go there, plead guilty and pay the fine... Loose your license and all. It stays on your license for a while but this friend of mine doesnt' own a car.. He was just trying to drive my really drunk friend home..
 
Originally posted by: Panakk
Fausto I agree with what you say and drunk drivers should be punished.. I'm just being biased because it's my friend that's involved.

The problem with the law is, most people are fine, they don't even feel drunk but they still blow 0.14.. How do you tell when you're drunk and when you're not.. I have two beers, i feel blue but I'm sure I'll blow a 0.11.. Who's to day what each person BAC level should be..
Click to expand...
Actually, it's all about driving impaired. An otherwise normal situation suddenly goes to hell in that case. The woman that killed my friend was "startled" by a large truck passing her (four-lane highway with a median), lost control of her car, and killed one of my best friends on a sunny monday afternoon. He leaves a widow, two fatherless children and many friends. The b*tch who killed him will probably just get a fine and lose her license for a while. The only thing worse than drunk drivers are the lawyers who defend them.

 
Originally posted by: Panakk
Fausto I agree with what you say and drunk drivers should be punished.. I'm just being biased because it's my friend that's involved.

The problem with the law is, most people are fine, they don't even feel drunk but they still blow 0.14.. How do you tell when you're drunk and when you're not.. I have two beers, i feel blue but I'm sure I'll blow a 0.11.. Who's to day what each person BAC level should be..
Click to expand...

We (the community via the legislature) should, if you think your even close, don't drive. Even if you feel fine your reflexes are impaired and you may make a fatal mistake, for you or someone else. We had a drunk kill a fellow student in college by forgetting to turn on his lights coming back from a casino. Crashed into two friends leaving McDonalds, they never had a chance to see him. He was 1.5x the limit and insited even in court that he was fine and that much alcohol didn't affect him.

The decision isn't yours, if your over the limit your legally impaired and DUI.

 

ok, here's some first hand advice. i've had my DUI some 2+ years ago.
most cases it might not be worth it to get an attorney.
did he get in an accident, or just pulled over and found drunk?

if so, just about ALL first time offenders get a fine (about 1000), probation (standard 2-3 years) and some community work. for all that he doesn't neet an attorney that will cost him more money and not get him anything better than that (i know. i tried).

if he got in an accident, then get an attorney, otherwise plead no contest, and get your standard package and that's life.
 
oh yes, i forgot.
the probation means that if it happens again during the probation time, he will do the jail time for both offenses, so he better not do that again.
 
Originally posted by: InfectedMushroom
ok, here's some first hand advice. i've had my DUI some 2+ years ago.
most cases it might not be worth it to get an attorney.
did he get in an accident, or just pulled over and found drunk?

if so, just about ALL first time offenders get a fine (about 1000), probation (standard 2-3 years) and some community work. for all that he doesn't neet an attorney that will cost him more money and not get him anything better than that (i know. i tried).

if he got in an accident, then get an attorney, otherwise plead no contest, and get your standard package and that's life.
Click to expand...

Thanks man.. At least some people know how to give advice.. That's what he wants to do. It's an expensive lesson learned.. He was pulled over and found drunk. He's just going to go an plead no contest and get it over with . The minimum fine here is $400 and so it the maximum. YOu get probation 60 days to 6 months..

That'll teach all my college going friends to stop drinking and driving. Me, I drink, but i stumble home after the bar..
 
It is very possible that it would only be probation, but tell him he could also get up to thirty days in jail. While I have no sympathy for drunk driver, everyone is entitled to a fair trial and representation. Tell him to drop the cash on a good lawyer.

In most states if you refuse to take a BAC test your license will be suspended and sometimes they will get a court order and force you to take a blood test. It is not better to refuse to blow. It is better to not drive drunk.
 
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