Do they let you use public defenders for a DUI? 67 Answers as of August 24, 2011

Yes, generally, if you apply and qualify. Good luck. > Question: Do they let you use public defenders for a DUI?

Yes.

Most counties in Illinois will appoint the public defender for first time DUI offenders. You must demonstrate indegency to the court, and the offense must have possible jail time as a punishment. Defending a DUI on your own is just too complicated without the help of an experienced attorney. But be aware that the public defender will not represent you regarding the statutory summary suspension proceeding, because this is a civil proceeding. If you hire a private attorney, defending the suspension proceeding is part of the process.

Yes. You can be represented by a public defender if you can't afford your own attorney.

Yes you can have a public lawyer if you are charged with DUI, if you qualify financially. The issue of a public defender rides on two criteria. One, you must qualify financially; and two, the crime for which you are charged must be punishable by a jail sentence. A DUI does allow for jail time, although it is unusual for someone to actually get jail for a first offense, it is possible. Therefore, if you qualify financially, the state will appoint a public counselor to defend you. When you go to court tell them that you want to apply for a court appointed lawyer and they will take it from there. The application is done through the Probation Department.

Yes if you qualify for a public defender, you can get one for Drinking and Driving.

Yes, anytime you face a possible jail sentence and if you qualify financially you are entitled to court entitled counsel.

As DUI is an offense which carries with it a potential jail term, you can be appointed a public defender if you qualify financially. You would have to make a request of the judge and fill out a financial affidavit to see if you qualify. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.

Depending on the court's indigent defense system they will. However, most public defenders are not familiar with the nuance of defending a DUI case.

If you qualify, that is, you are indigent, you can probably get a public defender to represent you, however, it is up to the judge's discretion.

Yes.

Yes, you can use a court appointed attorney for a first offense DUI-OWI. The court will ask you some questions to make sure you are indigent and cannot afford a retained attorney. You will be ordered to reimburse the court for the cost of the court appointed lawyer at the time of sentencing.

You may be entitled to a public defender if you meet the indigence requirements. That doesn't mean you have to use one, you can hire an attorney to fight for you.

Yes.

Yes, but not if you have any substantial income or assets

If you qualify financially. If you have too much money or assets they will tell you to get a private lawyer. It is really up to the Public Defender office.

If you are unable to afford an attorney. Then yes

Yes. A first-time DUII is a criminal charge in Oregon, and you have the right to appointed counsel and a jury trial, even though most of those cases are resolved through a diversion program with no conviction.

Yes, if you qualify

Where is here (besides Texas)? You can get an appointed attorney or public defender (depends on the county which they have - Harris County has both) IF you are indigent because you could get up to 6 months in jail for the offense. If you are not indigent, then you cannot get an appointed lawyer for any type of case.

August 5, 2011 If you qualify, due to financial inability to pay an attorney, you may have an attorney appointed to represent you as you could be facing up to one year in jail.

Dwi is a jailable offense, therefore you are absolutely entitled to a PD

I don't know where you are but in California you are entitled to one if you qualify financially.

Yes, if you qualify financially. Apply at your first court appearance.

Public Defenders are only appointed when the prosecution is seeking jail time.

Yes.

In Washington, you have a right to an attorney in any case where there is a possibility of incarceration. In every criminal case where you have the right to counsel, counsel will be appointed to you if you can not afford them. Because DUI is a criminal case where the defendant has a right to counsel, a public defender may be appointed to any defendant who can't afford private counsel.

Yes.

Yes.

If you are indigent or qualify for a public defender they are available for any misdemeanor, but not traffic violations. Any DWI is a misdemeanor or a felony, so you will get a free lawyer if want to take that risk. You are better off retaining private counsel if you can afford the $1,500-$3,500 fee.

A DWI that is not brought as an Aggravated DWI is a Class B misdemeanor. Therefore, a public defender cannot be appointed to represent you.

Yes. A first offense DWI is a criminal offense and, if you qualify financially, a public defender will be appointed on the criminal case. It is important to remember, however, that a DWI is really two cases in one. there is also a civil case related to your license revocation. If you do nothing, your record will reflect an Implied Consent violation which is the equivalent of a DWI. You have 30 days from the date of the revocation notice to file a challenge. Since it is civil, the public defender would not handle the revocation case.

Yes. If you qualify financially, a public defender will be appointed to represent you on a DUI.

Yes. Any case involving even a remote possibility of jail time creates the right to counsel.

Anyone who qualifies for the assistance of the Public Defender's Office will have them represent the individual for any crime, including DUI.

No court appointed on DWI 1st unless aggravated. There must be jail involved for ct to appoint counsel.

Only if you qualify, but being unemployed, in jail or without any assets.

If a person meets the requirements of indigency and is facing jail time, any defendant has the right to be represented by counsel at no charge. DUI is a gross misdemeanor with up to a year in jail possible and a mandatory sentence of 1 or 2 days in jail on conviction so one would be entitled to counsel. That said, if you live in a big city, you are in luck. I know in Seattle in particular that public defenders are first-class counsel who are deeply committed to their clients. In some places, public defenders are less committed and border on complacent when it comes to digging in their heels and fighting for their clients. If there is a good plea deal on the table, it doesn't matter much because you would know what the consequences of a plea would be before you plead out. However, if you want a jury trial you will have to be assertive and politely, respectfully insist on your trial and cooperate with your defender to prepare for that trial. Only 10 percent or so of criminal trials ever proceed to verdict because most cases result is some sort of agreed plea. However if you are committed to your innocence or believe the state can't prove the charges, stand your ground and demand your constitutional rights and go to trial. Lastly, if you feel like your public defender is not following your wishes, get some money together and hire a private attorney. They aren't cheap and some retained attorneys aren't any more committed that the most lethargic public defender, so chose wisely.

You must qualify based on the court's income guidelines. Of course you have the option and going to court and pleading guilty. How much preparation is a public defender who sees you only on the dates of court appearances going to get involved in.

Yes.

Yes.

Yes, of course.

Yes if you convince the court that you cannot afford an attorney, but remember that PD's won't be able to represent you at the DMV, which is equally if not more important than the proceeding in court.

If you qualify.

Yes, after you have met with the prosecutor yourself, received a plea bargain offer and then refused to accept it, you can apply for the public defender.

Yes if you qualify. You can use a public defender on any criminal charge.

As with any criminal case, you are entitled to representation by a lawyer and if you cannot afford an attorney, the court will appoint one to represent you. Yes, that includes DUI cases. You must demonstrate a financial inability to hire an attorney before one is appointed. What the public defender cannot do for you is represent you with the DMV in the proceedings to suspend your license. You only have 10 days to request a hearing and you probably won't even have your court date by that time, so you must act quickly in order to preserve your license.

Yes. You can get a public defender for a DUI if you are financially eligible.

The issue is not what the charge is but whether you are indigent. You only get a public defender if you are indigent.

Yes they do.

Yes, you can use a Public Defender for the Court case if you have pending DUI charges. However, you CANNOT use a Public Defender for a DMV hearing. Keep in mind, that if you fail to request a hearing within the 10 day deadline, the DMV will suspend your license based on the arrest. And the DMV case is completely separate from the Court case, meaning, even if you "win" in Court, it doesn't mean that the DMV has to issue your license back. You must fight the suspension before the DMV as well.

Only if you are facing jail. If no jail, no public defender. Jail is mandatory if test is more than .15, or aggravating circumstances with speed, eluding, etc,.

If you are eligible.

You are only entitled to appointment of counsel for class A misdemeanors and felonies. That is any case where there is the possibility of incarceration. DWI 1st are class B misdemeanors where the maximum punishment is the possibility of a fine and loss of license. So no, you are not entitled to a public defender.

Yes.

If you financially qualify, in the counties that have a public defender, yes.