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Drunk Driving - What to do, what to know


timetrial
12-17-2007, 12:22 PM
A buddy of mine recently got popped for a DUI, fortunately he caused no harm or damage except to his ego and in all probability his wallet. Which is the reason for this post. My buddy is tight (like he won't spring for a cab, becuase it cost too much - :runaround: ). He wants to defend himself. We've been researching possible defenses and I told him first up that a lawyer is manadatory, but he thinks he can BS his way at least thru the DUI preliminary hearing (http://www.legalmatch.com/law-library/article/dui-preliminary-hearings.html). The article that I've linked to says thats he needs a lawyer present to ask the right questions and to help him from further implicating himself (I think the breath test has already done that!). Anyone had experience with self-defense of a DUI?

drunken monkey
12-17-2007, 12:31 PM
If he's already failed the breathe test then I don't see he has much chance of any defence.
I'd tell him to just be a man and pay up because it'd be stupid not to.

Knifeblade
12-17-2007, 12:41 PM
Never, Never, Never, self-defend!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!

Now that that is clear, plead not guilty at either the arraignement or the pre-trial, whichever he's into right now. He better open his wallet and get a good attorney!!!!!!!!!!!!!!!!!!!!!!!!!! Otherwise, he's into jail/serious fines-costs/loss of license, etc. {depends on what state you are in, and what the laws of the state are re DUI}.

I won't be cute and state the obvious about drink-drive, we all know it's not a good idea.

Sadly, I admit to not following the immediate above, been hit 3 times for DUI, once well-deserved {I rolled my car}, twice, although still deserved, were initial general stops. {Lack of turn signal, such as that, and driving late-night when the locals had nada else to do but tag cars for any reason}.

My point is, and not defending my STUPIDITY for DUI'ing, if I had not hire an attorney, I would be in prison in my state right now, seriously. That's a side-point, though, I make NO excuses for my idiocy!!!!!!!!!!!!!!! However, I paid over $1.5K for a good attorney, on my THIRD charge, which was seeing hard-time in my state. In my state, a third offense is mandatory 3 years prison, not just a slap-wrist jail with work-release. He found a loop-hole, that kept me at misdemeanor, and a few days jail, some fines/costs, a hit on a suspension for a few months.

Again, I am NOT bragging or excusing my idiocy. However, to self-defend is FOOLISH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
\
I would not have found the little glitch that made the difference between a bit of jail vs. 3 years prison. My attorney did. Yeah, I paid for it, and it was damn well worth it.

My lesson/s learned, hopefully, your bud will listen to me. Since he failed the B/T, as I did, it's done.But, a good attorney can seriously reduce the consequences. Not a dude who just shows up and says, geez judgey-wudgey, I sort of kind of screwed up, and it won't happen again. Nuh Uh!!!!!!!!!!!

00accord44
12-17-2007, 09:57 PM
A lawyer who represents himself has a fool for a client.

doctorhrdware
12-17-2007, 11:37 PM
If you get popped for a DUI, refuse the breath analyzer and or the blood test. Either way you will loose your driving privileges. At least you do not have the DUI on your record just the refusal to take the test. Looks better on the driving record. This advice comes from a county sheriff officer. Way back when in my yonger stupid days, looking back at it, I don't know how I got away with drinking and driving. Back then I was just plain stupid. I don't drink any more. One day I just decided to quit, haven't had one drop for over 20 years.

BP2K2Max
12-18-2007, 11:57 AM
i got a dwi this time last year. first and foremost fuck a lawyer. they don't get you out of shit. get the public defender i spent 1500 bucks on a lawyer and ended up going through the same shit as the guy who spent $5K on one and the next guy who spent nothing on a public defender. don't defend yourself either get the public defender.

second, don't refuse shit. take the breathalyzer cuz they automatically take your license on the spot for refusal; no temporary license while you go to court and no conditional license to get to work or school with once they convict you(or your friend), which they will. refusing a blood, urine or breath test still goes on your record and looks just as bad as getting the DWI. The ONLY way i could see you benefiting from refusal is if you have a commercial drivers license and that's your source of income or livelihood, cuz they'll terminate a CDL permanently if your convicted. your first DWI always gets plead down to a misdemeanor DWAI so take this one as a warning, suck it up and deal. just don't do it again in the next 10 years or it's a big fat F on your record.


all said and done i paid $500 for the DWI charge, i had a UPM charge and an open container charge that they got me for another $100 for, I lost my license for 90 days but they let me take a class and I got it back in 60. meanwhile I was allowed a conditional license to get to school and work and they also give you 3 hours a week of personal time to drive around, visit friends/family, run errands, etc.

00accord44
12-18-2007, 08:14 PM
The immediate and financial consequences of a DUI vary depending on your state. I got poped for DUI during college in Florida and I would up paying about $2000 in various fees, classes, expenses etc from the charge. I had to get a real lawyer cause I had other shit goin on and a Public Pretender was NOT going to screw me over.

For real though, check with people in your state and see what the real deal is. They can tell you better than any of us that don't live where you live.

doctorhrdware
12-18-2007, 09:03 PM
In IL you loose your license for 90 to 180 days any ways, you are better off with no DUI on your record. I know from a friend that is going through hell right now. He was a field service engineer. Lost his job and license he took the breath analyzer.

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