Do I need to go to court trial for first DUI? 74 Answers as of May 30, 2013

Do I need to go to court trial for first DUI? Do I need an attorney?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you privately consult with an attorney if you need specific legal advice. Any charged with a criminal offense has a right to counsel. If you cannot to retain a lawyer, the court may, depending upon eligibility criteria, appoint you one at the public's expense. No, you may not need to go to trial. You have a constitutional right to have a trial if you wish; but it may not necessarily be the best option for your particular circumstances. However, yes, you will need to go to court. I would recommend you retain a lawyer or ask the court for a court-appointed attorney if you cannot to retain a lawyer. Convictions for these types of offenses carry consequences that will last much longer than just the possible court-sanctions. Even if it's a first offense, this charge is a misdemeanor, which, if convicted, is punishable by up to 93 days in jail, probation up to two years, license sanctions, fines, costs, or other sanctions at the discretion of the court.
Answer Applies to: Michigan
Replied: 7/20/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
You can represent yourself. You can take out your own appendix with a Swiss Army Knife also. Both are equally painless and foolproof.
Answer Applies to: Michigan
Replied: 6/26/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
Although anyone has a Constitutional right to represent themselves in any court proceeding, the stakes are very high with an Oregon DUI charge. A DUI is a Class A Misdemeanor with a maximum of 1 year in custody and a $6,250 fine. Most DUI Lawyers will provide a free consultation to sit down and see what their representation could do to help you in these stressful times before a trial.
Answer Applies to: Oregon
Replied: 6/21/2012
Salladay Law Office | Lance Salladay
You can enter into a pleas agreement and avoid a trial, but you are best served with an attorney who can give you guidance as to whether the agreement is reasonable and if the proof is enough to support a decision to plead guilty.
Answer Applies to: Idaho
Replied: 6/20/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You do not have to go to a trial, you can plea bargain your case or possibly agree to a diverted sentence. An attorney is helpful to understand all the concepts and options you may have, but not required.
Answer Applies to: Kansas
Replied: 6/20/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should have an attorney to either plea bargain or go to trial.
    Answer Applies to: New York
    Replied: 6/20/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It is always best to have an attorney to help you with a DUI violation.
    Answer Applies to: Nebraska
    Replied: 6/20/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    It varies from case to case. As a general rule of thumb, I would not just roll over on the charge. You need to speak to a qualified DUI attorney to get a proper assessment of your case.
    Answer Applies to: West Virginia
    Replied: 6/20/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Yes, you will need to be at Court for your DUI. Based on the question, you nay want to hire an attorney to explain this to you. You could go to jail for up to 93 days, lose your license for a period of time, be subject to financial responsibility fees, be on probation for 2 years, have fines and costs, attend education classes, and other things. Your question suggests that you need a lot of information and assistance to properly address this charge I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/19/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    I highly recommend at least consulting an attorney. I, like most of my colleagues, offer a free consultation, so you can make a fully informed decision.
    Answer Applies to: Alabama
    Replied: 6/19/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Absolutely you must appear and you absolutely should hire the best DWI attorney you can afford to avoid any jail time.
    Answer Applies to: Texas
    Replied: 6/19/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Second question answered first..Yes you need an attorney even on the the first DUI. These charges carry jail terms and very serious consequences to your license. Whether a trial is necessary will be determined by your attorney. The facts of the case and the jurisdiction.
    Answer Applies to: Missouri
    Replied: 6/19/2012
    Clinton Law Office | Michael Clinton
    The last question should be answered first. Yes, you need a DUI attorney. He or She can answer your first question.
    Answer Applies to: Washington
    Replied: 6/18/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You do not necessarily need to go to trial. You could plead "guilty" and then be sentenced accordingly. You may be able to negotiate your case to something less severe. Whether or not that is a possibility, I have no idea. An attorney could help you determine that. Do you need an attorney. No; but you will probably do very poorly without one. If you needed surgery, would you use a doctor?... or would you operate on your self? Think about it.
    Answer Applies to: Washington
    Replied: 6/18/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You do not have to go to trial if you choose to admit guilt. However, the only way to be found Not Guilty is by trial. Hire a lawyer. Do not be seduced into pleading guilty to a 1st offense to save money or to just get it over with. Speak to an attorney. Only an lawyer with experience with OUI cases can tell you what kind of chances you have with your fact pattern. Your aunt Susie and uncle Joe will all have opinions, but I would not rely on the opinion of anyone who hadn't graduated law school, passed the bar and had tried these drunk driving cases before. Every fact pattern is different and what happened to cousin Jo Bob or the neighbor's daughter likely have NO bearing on your situation. Speak to an experienced lawyer about your case.
    Answer Applies to: Massachusetts
    Replied: 6/18/2012
    Toivonen Law Office | John Toivonen
    In many intoxicated driving cases that I handle we work out a plea deal with the prosecution. If the prosecution is not reasonable, we will have a trial. You need an attorney because there are many legal and factual issues in an intoxicated driving case. Your case may require a preliminary examination in which your attorney will ask questions of the police who arrested you. The evidence gathered from the preliminary examination can be used in a motion to dismiss the charge.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I would go to trial if I felt I had a chance to prevent a conviction and I would hire an attorney.
    Answer Applies to: Alabama
    Replied: 6/18/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Attendance in court is required in most criminal cases. However a decision to go to trial is the choice of the defendant. An attorney can discuss your options including any defenses that the case could have.
    Answer Applies to: Georgia
    Replied: 6/18/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You do not need to go to a trial for a DUI. Whether you go to trial or not will depend on the facts of your case. If your BAC is 0.08 or near that you will have a chance of getting the charge reduced. It is unlikely though to have the charge dismissed without going to trial.
    Answer Applies to: California
    Replied: 6/18/2012
    Law Offices of Kate Mesic, PA
    Law Offices of Kate Mesic, PA | Kate L. Mesic
    Without knowing the facts of your case, it is impossible to say if you need to go to trial or not. However, as to your second question, the answer is absolutely "yes" get a lawyer. Only your attorney will be able to evaluate your case and tell you if you need to go to trial or enter a plea. Remember the consequences of a first DUI are very severe, so it is essential that you get a good DUI attorney.
    Answer Applies to: Florida
    Replied: 6/18/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It is a good idea to seek representation, a good attorney can assist you in many ways. You do not have to go to a court trial, you need to go to trial if your case cannot be resolved and you have a defense.
    Answer Applies to: Minnesota
    Replied: 6/18/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes to both.
    Answer Applies to: Arkansas
    Replied: 5/29/2013
    Vargas Law Office LLC | Ronnie Ismael Vargas
    That depends on you. If you feel you want to review your legal option, you need to consult an attorney. If you feel you were not legally intoxicated, you need to consult an attorney. If you feel you are guilty or you don't want to contest the matter for whatever reason, then you can handle it on your own and need to go to trial.
    Answer Applies to: Wisconsin
    Replied: 6/18/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/29/2013
    Law Office of Blackie Burak | Blackie Burak
    Depends on facts, but trail is never necessary, it's an option. You should consult w/an attorney before deciding what to do.
    Answer Applies to: California
    Replied: 5/29/2013
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You never need to hire an attorney; its just a good idea. He or she may be able to find some issue that will allow you to obtain the best disposition possible.
    Answer Applies to: California
    Replied: 6/18/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No, you can plead. An attorney is an excellent idea, as you are at risk for jail and more.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    That's up to you. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony.
    Answer Applies to: California
    Replied: 6/18/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    NO . . . if you just plead guilty. If you want to fight . . . YES, you'll need to hire an experienced criminal/drunk driving attorney to defend you.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Yes you have to go and yes you need a good lawyer.
    Answer Applies to: Texas
    Replied: 5/30/2013
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No.
    Answer Applies to: California
    Replied: 5/30/2013
    The Jarrett Firm, LLC
    The Jarrett Firm, LLC | Patrick Jarrett
    As to the fist question, that can only be answered with more information. As to the second question, yes. You should have an attorney to make sure your rights are fully represented.
    Answer Applies to: Georgia
    Replied: 6/18/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You should have an attorney, and you do not need to go to trial for a first time offense, if your attorney can plea bargain the case for a disposition that will benefit you and perhaps avoid a formal conviction being entered on your permanent criminal record. Also counsel may figure a way that you will win the case outright, avoiding any kind of sentence being imposed.
    Answer Applies to: Illinois
    Replied: 6/18/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Yes, hire a qualified attorney immediately.
    Answer Applies to: Illinois
    Replied: 5/30/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    Never do a court trial - They will find you guilty, a jury might find you not guilty. You need an attorney.
    Answer Applies to: Colorado
    Replied: 6/18/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You must appear in court for a DWI. You do not need an attorney but if you plan on winning you will need a DWI lawyer.
    Answer Applies to: New Hampshire
    Replied: 6/18/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes.
    Answer Applies to: Virginia
    Replied: 5/30/2013
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    If you have a New Hampshire court date, or a court date anywhere else as far as I know, yes you must appear. It is contempt of court to not appear for the court call on the day and at the time of the court notice. It is possible that you may be able to work out a disposition to recommend to the court. But, yes, that is more often than not done with an attorney familiar with the NH DWI statute, the court rules and the practices in the particular court in which the charges are pending. And, the recommended resolution must be presented to the court before it is a "done deal" or any other kind of closure on the court process.
    Answer Applies to: New Hampshire
    Replied: 6/18/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Most cases settle short of trial. I think the need for legal representation varies with the type of casebut I believe that someone charged with DUI is in great need of legal representation because of the intricacies of the DUI law.
    Answer Applies to: Washington
    Replied: 6/18/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    There are court appearances associated with every dui arrest. Whether the matter actually goes to trial is your personal choice after consulting with legal counsel. Dui is a very serious offense which carries the possibility of 6 months in jail, $1,000 fine, loss of driver's license and alcohol counseling up to three years. While it is not mandatory to retain an attorney, it is unwise to not have legal counsel. If you cannot afford to retain the attorney of your choice, you may apply for a public defender depending on your financial ability to pay for your own attorney.
    Answer Applies to: Nevada
    Replied: 6/18/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You should contact a qualified DUI attorney.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Attorney Paul Stanko
    Attorney Paul Stanko | Paul Stanko
    Most cases don't go to trial, but it is your right to take an OWI, even a misdemeanor, to trial by jury or judge. You have a lawyer represent you in ANY OWI case.
    Answer Applies to: Indiana
    Replied: 6/18/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    You must go to court. You can plead nolo or guilty without an attorney. This I believe to be a mistake.
    Answer Applies to: Rhode Island
    Replied: 6/18/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes, you need an attorney. I don't know what a court trial is? DO you need to appear in court? Probably. Do you need to have a trial? It depends on the evidence, and your willingness to accept responsibility.
    Answer Applies to: Georgia
    Replied: 6/18/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Yes you need to go to court or have a lawyer go for you. Some judges allow a plea in absentia (in your absence) particularly where you live outside of the local area. No you do not need to go to trial. Talk to a lawyer before you decide anything.
    Answer Applies to: Florida
    Replied: 6/18/2012
    Law Office of William L Spern | William Spern
    No. You can enter a plea but should get an attorney to establish and protect your rights.
    Answer Applies to: Michigan
    Replied: 6/18/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    You must go to court in NH for your first DUI offense and you should consult an experienced DUI attorney regarding your case.
    Answer Applies to: New Hampshire
    Replied: 6/18/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    I would always get an attorney if I am going to court on a DUI. I would hire someone to represent me, and I have a bar license.
    Answer Applies to: Wyoming
    Replied: 6/18/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    There will be a trial unless you plead guilty or no contest. An attorney is always advisable to have.
    Answer Applies to: Georgia
    Replied: 6/18/2012
    Universal Law Group, Inc. | Francis John Cowhig
    You don't necessarily need to go to trial on a 1st time DUI. However I do not recommend that you represent yourself in court. Depending on the facts of your case, an experienced criminal defense attorney may be able to have the charges reduced, dismissed or may be able get an acquittal if you do go to trial. I would therefore suggest that you consult with an experienced criminal defense attorney and discuss your case with him/her in person.
    Answer Applies to: California
    Replied: 6/18/2012
    Alvin Lundgren | Alvin Lundgren
    You may go to trial or settle with a plea bargain. You do not need an attorney, although one who knows "the press" can make sure you get the best treatment.
    Answer Applies to: Utah
    Replied: 6/18/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You have to go to court. You do not have to have a trial if you take a plea bargain. You do not have to have an attorney, but it is a good idea to have one.
    Answer Applies to: Washington
    Replied: 6/18/2012
    Baner and Baner
    Baner and Baner | Jonathan Baner
    You must go to court at all stages of criminal proceeding. Do you need an attorney is hard to tell. A DUI is a gross misdemeanor with serious potential consequences. Realistically jail time is minimal to nil for first DUI in vast majority of jurisdictions absent criminal history. A DUI carries a mandatory 90day license suspension (administrative and/or criminal depending on how the case goes). If paying $2-10k for an attorney would endanger your ability to support yourself and your family then the answer to "do I need a lawyer" is trickier to answer. DUI defense turns on a great number of sometimes very complicated legal issues and science (specifically - how can you beat a scientific machine designed to test the presence of alcohol on the breath? Well you better know how that machine works better than the cops, and probably better than the prosecutor).
    Answer Applies to: Washington
    Replied: 6/18/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I cannot believe how many people ask me if they need an attorney for a DWI. It is a serious crime and carries many serious consequences. You will lose your license, get a criminal record for life, your insurance will be a fortune, and you may not be able to ever get a decent job if you get convicted of the DWI. You should not cut your own hair, drill your own teeth, or perform your own surgery. If you are indigent, and I suspect you are, you are entitled to a court appointed attorney. People who are too cheap to see a lawyer or doctor can get into a lot more trouble and do not save any money at all. You need a professional to help you when you are sick or get arrested so that you can get the best possible results. You must make better decisions in the future.
    Answer Applies to: New York
    Replied: 6/18/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Jury trial. Yes you need a lawyer.
    Answer Applies to: California
    Replied: 6/17/2012
    Law office of Robert D. Scott | Robert Scott
    It depends upon whether or not you agree with the police officer, that you were driving under the influence.
    Answer Applies to: Maryland
    Replied: 6/17/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    Absolutely, you must go to court at the date and time of your hearing. If you don't show up, the court may issue a warrant for your arrest. As for whether or not to hire an attorney, remember the line from "An Officer And A Gentleman" where the drill sergeant says his job is "to use any means, fair or unfair to trip you up" It's the same with the prosecutor in court. Do you really want to take him on without a trained attorney in your corner
    Answer Applies to: California
    Replied: 6/17/2012
    William L. Welch, III Attorney | William L. Welch, III
    Yes, you must go to court for dui. Whether to have an attorney is up to you, but consider whether you are familiar enough with the law, criminal procedure, and the rules of evidence to risk spending a year of your life in jail and losing your license.
    Answer Applies to: Maryland
    Replied: 6/17/2012
    Michael E. Jones, P.S. | Michael E. Jones
    You may not require a court trial; however, you need to plead not guilty and request a jury trial so your attorney can investigate you situation and background to determine if your case may be settled with less consequences.
    Answer Applies to: Washington
    Replied: 6/17/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Even a first offense DWI is criminal offense. It carries with it potential jail time and fines. As a result, you are entitled to a jury trial where you are presumed innocent until proven guilty beyond a reasonable doubt. The viable defenses depend on the particular facts of your case. As a result, you should consult withe experienced legal counsel.
    Answer Applies to: Minnesota
    Replied: 6/17/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Yes you need to go to court and you need a lawyer
    Answer Applies to: Illinois
    Replied: 6/17/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You must have an attorney for a dui. If you cannot afford one the public defender will be appointed to represent you. Most cases settle short of going to trial, but each case is different and each case demands the individualized attention of a competent criminal defense attorney. Find one in your area.
    Answer Applies to: Florida
    Replied: 6/17/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Whether it is a first, second, or third DUI, it is always advisible to have good representation in court and at the DMV. Think about it, do you only need a doctor the second or third time you get sick? Whether a case goes to trial depends on a multitude of factors, such as the evidence, witness availability, client's own priorities...etc. You need to consult a DUI specialist, because "he who represents himself has a fool for a client."
    Answer Applies to: California
    Replied: 6/15/2012
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Most DUIs are defendable, if you have a properly informed, knowledgeable attorney. But too many people follow bad advice and plead guilty. Almost all such cases should be fought, and if so, definitely not by yourself, but with a DUI attorney.
    Answer Applies to: California
    Replied: 6/15/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    You do not need to go to trial- but you do need to go to court. You should definitely consult an attorney!
    Answer Applies to: California
    Replied: 6/15/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    It's a very good idea to have an attorney at trial. Whether or not you go to trial depends on a number of factors, such as how strong your case is and whether or not the prosecutor wants to use resources to bring the case forward.
    Answer Applies to: Utah
    Replied: 6/15/2012
    Ryan Berman, Esq | Ryan Berman
    Yes, you should consult with an attorney, as there is no way to avoid court if charged with a DUI.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You will need to appear in court.
    Answer Applies to: Colorado
    Replied: 6/15/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    If you want a chance at NOT getting a criminal conviction with the stigma attached to it for DUI and of keeping your driver's license, yes you need an attorney. One that is experience. One that is a DUI attorney. If you don't want a conviction, then you want one that will not have you plead out.
    Answer Applies to: Hawaii
    Replied: 6/15/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You need to go to court and you need an attorney. You don't necessarily have to go to trial.
    Answer Applies to: Illinois
    Replied: 6/15/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    It depends. You should consult with and retain an attorney. If you cannot afford one, you should apply for a public defender. There are many factors that impact your dui cases includijg bac, etc.
    Answer Applies to: Pennsylvania
    Replied: 6/15/2012
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