Alcohol & Drugs: DUI, DWI Will this be my 1st or 2nd?

[bowtie3d]

About 3 years ago was when I received my first DUI. With the help of my lawyer, it was lessened to a "crude and imprudent" driving offense. Fast forward 3 years and I'm extremely disappointed my decision to drive this J4 weekend. After a few toasts of wine at a friends house, it was very late (about 4-5am) when I took off so I could be home but instead I dozed off on the country road and my car ran into a ditch. After finding help from the neighbors, we called the cops who came about 1hr later. With little to say, he smelled the alcohol on me, questioned my story, gave me the eye test and then the breathalizer. Later, at the station he gave me another breathalizer which was .13.

So now my question is will the courts see this as my 2nd DUI or will it be my 1st?

Also, my last lawyer did a wonderful job for me but I feel so ashamed to go ask him for help due to another DUI case. I found another lawyer that is a little cheaper but i dont know how well his work is. Should I just consult my previous lawyer?

 

[mightymoose]

Personally, if the first lawyer did a great job I would go back to that same one.

Hard to say as to whether this is a first or second offense.... it really depends on the code you ultimately pled to and whether or not it is recognized as an alcohol related offense. If there is anything at all on your record about an alcohol related conviction then yes, you are probably looking at a second offense. If it was reduced to nothing more than a moving violation then there should be nothing on the record to indicate there was a prior DUI.... which there wasn't because it was changed to something else.

 

[bowtie3d]

Well, looks like I'm in for the worst then. Probably interlock system and a few days in jail. Gonna call around for some good lawyers I guess.

 

[fluffypuff]

I would ask around, look on avvo.com and check superlawyers before going back to your last attorney. Another place to check is the National College for DUI defense, whose members tend to be very well versed in the ins and outs of DUIs. (I'm unaffiliated with this group.)

Go to as many consults as you can, and see what people say. You'll get a better sense of what you can expect and of who's good.

 

[bowtie3d]

How do you get a court appointed lawyer at the initial hearing? Do you plead no contest first?

I know its always up to the judge but what harm will it be to me if I show up alone on my court date? This is only because the lawyers I've talked to are charging up in the range of $2K and I dont really feel they "can" do much to help me. Here's what they have been telling me:

-I'm not convicted for the 1st offense BUT they will know that I had a prior DUI stop, therefore the judge may or may not consider it as my 2nd offense. Most likely it will be the 2nd.
-There is most likely gonna be a fine and court cost (obvious)
-There probably wont be any jail time, although if so, there could be from 3-30 days in jail (I'm actually fine with that)
-They kind of just brushed it off when I asked if we could push for anything other than the fine such as probation or community service (Money is a little tight at moment)

After hearing what most had to say, I could not and have not coughed up the $2K because I felt they werent "helping" me. I dont want to come out of this ordeal thinking "man, I paid the lawyer $2K and the judge still gave me a harsh punishment". Do you guys kind of understand where I'm getting at? At this time, I dont care that I'm losing my license, I dont care if I spend a few days in jail...I just want to take responsibility for my actions.

 

[army judge]

Okay, BT3, here's what you could do.

Number 1 is to delay.

Who knows, you could come into some unexpected money?

Either way, plead not guilty.

Then, ask for court appointed counsel.

You might even get one of the lawyers you spoke with about this matter.

Court appointed counsel are private attorneys that want to get on the appointment list, or do it as a form of community service. No worries, 98% of them are very competent.

The key is finding the one that clicks with you.

You can always fire one, (after a few weeks) and ask for another one.

At any rate, plead not guilty, ask for a lawyer to be appointed to represent you, meet with the lawyer and see what happens.

There are many ways to defend against a DUI arrest like yours. The best thing now is to shut up and wait. Time is your friend and a competent attorney. Everyone is innocent until proven guilty!!!!

 

[shawngriffiths]

Don't call a cheap DUI lawyer. I've heard that some cheap lawyers will do the worst job. You can call your last lawyer to help you since he's a good lawyer. Or look for an expert one.