Does my son need a lawyer for his first DUI? 15 Answers as of June 03, 2011

My son got pulled over. . It was his 1st offense. Should he get a lawyer?

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The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
As a general rule, you should never represent yourself on a DUI. While your questions does not include nearly enough facts to properly evaluate what is possible for your son, I can say that the best result for you son will only be accomplished with the help of an experienced DUI attorney. Also, if your son is under the age of 21, he is facing a potential license suspension of 1 year. At the very least, you should have a free consultation or two to see what may be possible for your son. Most, if not all, experienced DUI lawyers offer free case evaluations so you really have nothing to lose by taking the time to meet with a few. If you would like to speak with me in more detail about your son's case, I would be happy to do so. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 6/3/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
DUI's like all criminal cases are fact driven. He should consult an attorney to see what can be done with his facts.
Answer Applies to: California
Replied: 6/2/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
Yes. Having a criminal record is nothing to take lightly. Even if your son knows he had been drinking and feels he is guilty, it does not matter what he knows, it only matters what the DA can prove. Hire a lawyer.
Answer Applies to: California
Replied: 6/2/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included 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 hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/2/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I do not recommend going to court without at least consulting an attorney.
Answer Applies to: California
Replied: 6/2/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    If your son was under 21 at the time he stands to lose his license for 1 year and could be facing some jail time, depending on the circumstances. At least a visit to a good lawyer for advice is recommended.
    Answer Applies to: California
    Replied: 6/2/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    Yes, he should consult with a DUI lawyer to evaluate what defenses he may have.
    Answer Applies to: California
    Replied: 6/1/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    I make my living that way, but absolutely. I would definitely hire an attorney. No question.
    Answer Applies to: California
    Replied: 6/1/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    I would advise you to get your son a lawyer. If you cannot afford your own lawyer your son may qualify for the public defender. There is too much on the line to not get a lawyer. Future employment, School, insurance rates, travel restrictions. Usually your best chance of avoiding a conviction, or of getting charges reduced, is with a good lawyer.
    Answer Applies to: California
    Replied: 6/1/2011
    The English Law Firm
    The English Law Firm | Robert English
    I would always recommend an attorney for any criminal offense.
    Answer Applies to: California
    Replied: 6/1/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Yes. Whether it's the public defender or private attorney, your son should have an attorney. Keep in mind, however, that in California there is a deadline of 10 calendar days from the date of arrest to request a DMV hearing. Without doing so, your son's license will be automatically suspended. Something else to consider is that the public defender cannot represent your son at a DMV hearing, so you should consider a private attorney for the DMV portion, at least.
    Answer Applies to: California
    Replied: 6/1/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    It is always best to have an attorney look the case over. Many times, it turns out that there is simply nothing extra an attorney can do. but you do not know that without consulting an attorney.Often, a person simply decides to handle a case on their own and the case is actually winnable, but the person has pled guilty. It is also always important to obtain a copy of the police report and review that if your son insists on handling the case on his own.
    Answer Applies to: California
    Replied: 6/1/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes. A DUI, even a 1st offense DUI is a criminal matter and can involve jail time, heavy fines, alcohol classes, loss of license, and other penalties. See 1duilawyer.com for a more detailed explanation of the charge. An attorney may be able to get the charges dismissed or reduced to a lesser charge to mitigate any potential damages. Additionally, an attorney can handle your son in a DMV hearing as well in order to try to prevent the drivers license from being suspended. Note that you only have 10 days from the date of arrest to request a DMV hearing, or else the DMV will likely take action to suspend the license without a hearing on the matter. Feel free to contact me at 818-336-1384 to discuss the case in more detail. I have had a lot of success getting DUI charges dismissed.
    Answer Applies to: California
    Replied: 6/1/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely. Not only does he face prosecution in court, he also faces a separate civil proceeding from the DMV, which requires timely action. Without a lawyer, there is really no alternative other than to plead guilty. With that said, even the best of lawyers cannot guarantee a win. But what a skilled lawyer can do is explore all the options and strategies that could result in a dismissal, reduction, or acquittal of the DUI charge. Consult an attorney who specializes in DUI.
    Answer Applies to: California
    Replied: 6/1/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Yes- a DUI has the lasting effects. There may ways to minimize or reduce the charges. In addition, he has to contact the DMV within 10 days of being arrested to request a hearing. Failure to do so can result in a long suspension of his license. There are also insurance factors that can be dealt with now to save money in the future. Call me for further assistance. If your son is under 21 having an attorney is a must!
    Answer Applies to: California
    Replied: 6/1/2011
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