How should I plead on a first drunk driving offense? 71 Answers as of February 24, 2012

I recently was charged with a DUI. I wasn't actually driving the car. How should I plea for a first offense on arraignment day?

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The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
Plead not guilty! Not guilty! If you were not actually driving the car then you cannot be convicted of DUI. You must consult with a knowledgeable attorney who can help you out.
Answer Applies to: Washington
Replied: 5/27/2011
LT Pepper Law
LT Pepper Law | Luke T. Pepper
You will likely be offered a deferred sentence pending completion of a program that will allow to have a clean record.
Answer Applies to: Pennsylvania
Replied: 5/27/2011
Law Offices of Michael Stephenson
Law Offices of Michael Stephenson | Michael Stephenson
If you were not driving, you are not guilty of driving under the influence. You should consult an attorney in more detail about the facts of your case to confirm that a not-guilty plea would be best thing for you.
Answer Applies to: California
Replied: 5/19/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Always plead not guilty initially in order to see what kind of a case they have against you and to give you a basis for bargaining with them. If you weren't driving the car, then it sounds like you may have a pretty good defense. Consult immediately with an experienced criminal defense attorney. Good luck.
Answer Applies to: New York
Replied: 5/13/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
If you had a Blood Alcohol Content under .20, and you have no prior DWI within the last 10 years, you were charged with a fourth degree offense. This is still serious and carries with it maximum criminal penalties of up to 90 days in jail and a $1000 fine. If convicted any subsequent DWI offense would be much more serious and with four offenses in ten years, you can be charged with a felony. As a result, as strong defense on the first alleged incident can be critical to your future. Different Judges give different sentences. Accordingly, understanding your Judge and knowing how to change Judge's can be an important part of the process. There is also a civil case that results in the revocation of your driver's license. On a first offense over your lifetime, you may be revoked for 30 to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge your license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. A failure to challenge results in an Implied Consent violation on your record which can also affect employment and may be used to enhance any subsequent DWI offense. There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. You should consult with experienced legal counsel.
Answer Applies to: Minnesota
Replied: 5/12/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Plead Not Guilty, and get a lawyer. Defenses may exist of which you are unaware. Stay well.
    Answer Applies to: Alabama
    Replied: 5/12/2011
    Bristol & Dubiel LLP
    Bristol & Dubiel LLP | Murray L. Bristol
    In Texas I would recommended that you get an attorney to advise you on whether or not the State can prove you guilty of drunk driving. There are many defenses an experienced lawyer can use to defend drunk driving cases.
    Answer Applies to: Texas
    Replied: 5/12/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    You should always plead not-guilty at arraignment, unless you already have an attorney and that attorney has worked out some other arrangement.If you can't afford counsel, the court will appoint counsel. If you can afford counsel, hire an attorney immediately, preferably one who handles a lot of DUII. For a first offense, even if you aren't guilty diversion might be your best choice, in which case you can get the charges dismissed if you do treatment.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    At arraignment you should always plead not guilty even if you intend to plea bargain. Usually the prosecutor is not ready to offer a plea at arraignment and the case will be adjourned and then you should hire an attorney or get one assigned if you can not afford one, to negotiate a plea or go to trial if no favorable offer is given.
    Answer Applies to: New York
    Replied: 5/12/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Typically a plea of not guilty or standing mute is a good idea at the initial arrangement. This gives you and your attorney an opportunity to review the police report for possible defenses. If you want further information, contact us.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    It would be unethical for us to advise you how to plead without actually serving as your attorney. You should hire a DWI defense attorney who will be able to work on your defense. It is important to note that in Louisiana the deadline to contest the suspension of your Driver's License for up to 1 year happens 15 days after your arrest. Because of this type of deadline and filing requirement it is very difficult to attempt to defend yourself against DWI charges without the help of an attorney.
    Answer Applies to: Louisiana
    Replied: 5/12/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In short, you should plead NOT GUILTY. This is true at arraignment in most all offenses. You should have an attorney explain to your your options after a review of the facts in your case. Your claim that you were not driving the car needs to be explained and may be extremely important in evaluating your case. More information is available on my website. If your case is in Macomb, Oakland or Wayne Counties, you may call to arrange an appointment.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    The first question is whether you intend to have an attorney. Even if you eventually decide to plead guilty, an attorney can negotiate a better disposition than you can on your own. If you do not think you can afford one you can request the public defender. Even if you do not get an attorney for some reason, it is still better to plead not guilty at the first appearance so that you can get a copy of the police report, see what the blood alcohol test result is and what the officer says about the event. You then can better decide what to do.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Definitely plead not guilty because, if you were not driving the car, then you are NOT guilty. Have an attorney review the discovery (evidence against you) and decide how viable your defense is. Make sure the attorney is experienced with DUIs. Feel free to call for a free consultation - sounds like you might have a good case.
    Answer Applies to: California
    Replied: 5/11/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Always plead not guilty. Consider hiring counsel.
    Answer Applies to: Alabama
    Replied: 5/11/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    It sounds like you may have some potential defenses in your case. On arraignment day, plead not guilty and get yourself a private attorney to represent you in the case. If your case is in the Tampa Bay area, and you wish to consult with me further, please contact my office for an appointment.
    Answer Applies to: Florida
    Replied: 5/11/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I would suggest you hire an attorney to represent you before appearing before the judge in a DUI case. This case is much more complicated than merely entering a plea of guilty or not guilty. Be aware that you can be jailed for this offense, and suffer grave consequences to your driving privileges. Also, there may be facts that can get you off without a conviction. Depending on the facts, you will be fully advised about how to proceed if you hire that lawyer. This is a criminal case, not just a traffic ticket, keep that in mind. If you wish to discuss further with me, call me if this is a Chicagoland case.
    Answer Applies to: Illinois
    Replied: 5/11/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    Do not plead guilt without first consulting a DUI lawyer. No-drive defense cases, as they are commonly referred to, have very high success rates at trial. Of course, the facts of your particular case will determine how likely you are to prevail.
    Answer Applies to: California
    Replied: 5/11/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    You should plead not guilty. This is a matter where you need an attorney to reduce the sentence for you. You should ask this question to your lawyer or he/she was unable to answer it, it may be time to find a new one. Visit my website for more information.
    Answer Applies to: Michigan
    Replied: 5/11/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Plea not guilty and then talk with an attorney.
    Answer Applies to: California
    Replied: 5/11/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Your question says you are not guilty - you said you were not actually driving. Therefore plea NOT GUILTY.
    Answer Applies to: Texas
    Replied: 5/11/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Plead not guilty and hire an attorney to fight the case.
    Answer Applies to: Nebraska
    Replied: 5/11/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In Oregon, you can be charged for a DUII without actually "driving." I had one client charged with a DUII for getting in his car, popping the car into neutral and letting it roll back about three feet, without even starting the car. In Oregon, the operative language is "operate a motor vehicle," and "operate" has a lot of meanings. I would seriously consider consulting with an attorney before entering a plea to a DUII. There may be a diversion program or other means of deferred prosecution in your state which could help you avoid a conviction. A plea of guilty or no contest to a DUII may also lead to a lengthy license suspension. And if you meant that you were not driving the car, as in, you were a passenger, I would definitely contact and attorney.
    Answer Applies to: Oregon
    Replied: 5/11/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    You should plead not guilty and speak with a lawyer before taking any further action. How you end up proceeding with your case will depend strongly on the facts.
    Answer Applies to: Nebraska
    Replied: 5/11/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    If you weren't driving, you are not guilty of DUI. You should plead not guilty at arraignment and get a good lawyer.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That would depend on the evidence against you. The evidence dictates part of how the case may be resolved. I recommend that every criminal client plead "not guilty" at the first arraignment. The "not guilty" plea preserves the status quo and leaves room for negotiation. If everyone plead guilty from the start, the prosecutors could charge anyone with anything and never have to prove the allegations they make. In a free society, one should make the government prove the cases they all allege against the people who are constitutionally entitled to the Presumption of Innocence and the constitutional Burden of Proof the state must meet. For now, plead "not guilty" and see if the prosecutor is willing to make a deal. I also caution you in the strictest sense that DUII cases are complicated and involve some advanced scientific knowledge if one is to defend against them.

    Therefore, it is important that you retain counsel to defend you. If you are unable to afford counsel, the court must appoint you an attorney for free. If you go that route, make sure to tell your attorney what you want to do and hold him or her to it. Should you have any further questions or concerns, please feel free to contact me.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If you were not driving, you should probably enter a not guilty plea, but without knowing any details, I would tell you not to enter any plea if the judge will let you. This will give you time to select an attorney and let him make the determination as to when and what to plea.
    Answer Applies to: Kansas
    Replied: 5/11/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    You should definitely NOT plead guilty, particularly if you weren't driving. There is always an opportunity to change your plea and plead guilty later, but it is nearly impossible to withdraw a guilty plea once made. You should seek out the advice of a lawyer experienced in DUI/DWI defense.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Even on a first offense it is important to consult a lawyer so you have an idea of what to do. Often prosecutors will reduce charges, etc., but you still have to do alcohol programs, community service work and pay large fines and costs. It is worth the consultation fee to get a good analysis of whether there is something that can be done in your case.
    Answer Applies to: Colorado
    Replied: 5/11/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    If you were not driving you are not guilty and should plead not guilty. It is always best to see a good lawyer in this situation. For more info or a free quote call us.
    Answer Applies to: California
    Replied: 5/11/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    Plea not guilty. Then hire a good DUI lawyer as soon as you have the chance.
    Answer Applies to: Utah
    Replied: 5/11/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You need to retain counsel well versed in DWI law, such as our law firm. Understand 2 things (1) DWI is a CRIME, and (2) the relevant consideration is not whether you were "driving" a car, but "operating" a car within the meaning of the law. We can be reached toll free for a no obligation, free phone consultation.
    Answer Applies to: New York
    Replied: 5/11/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    You should hire an attorney immediately (or request that one be appointed to represent you if you do not have the financial ability to pay for a lawyer). You should plead not guilty at the arraignment, then work with your attorney to prepare your defenses to the charges.
    Answer Applies to: Georgia
    Replied: 5/11/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    You should plead not guilty and then talk to a lawyer.
    Answer Applies to: Montana
    Replied: 5/11/2011
    Law Office of Daniel J. Larin
    Law Office of Daniel J. Larin | Daniel Larin
    Plead "Not Guilty" and then hire an attorney. If you were not driving you should not be convicted of DUI. Drunk Driving in Michigan requires that the person actually drive the vehicle while intoxicated. Simply sitting behind the wheel with the keys in the ignition is not enough for a conviction.
    Answer Applies to: Michigan
    Replied: 5/11/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You are not guilty.
    Answer Applies to: Alabama
    Replied: 5/11/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    It is very important that you discuss all the facts with your own criminal defense lawyer before you make your decisions. Your attorney can advise you as to all your rights and options, including your right to a jury trial. Good luck!
    Answer Applies to: Georgia
    Replied: 5/10/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    If you plead guilty you will be found guilty and face the mandatory consequences. If you plead not guilty the court will set a trial date for the future. You should consult with a DWI defense lawyer as soon as possible. There are important rights that expire 30 days after being arrested. In choosing a DWI defense lawyer you should hire the best lawyer you can find, being a good DWI lawyer means he will have been certified as a FST practitioner, instructor, practices exclusively criminal law, tries lots of cases and has a proven track record of winning. You should interview the prospective lawyer and feel comfortable and confident in the person you are hiring.
    Answer Applies to: New Hampshire
    Replied: 5/10/2011
    West law Office
    West law Office | Russell West
    You do not want to plead guilty to a DUI. At the arraignment you want to plead not guilty and at that time the Judge will give you conditions of release and set a date for a pre-trial hearing generally about 4-5 weeks later. This will give you time to find an attorney and get details about the arrest, police report, BAC results and testing, field sobriety tests, and any other pertinent information. An attorney can review all the details of your case to see if there are any grounds for dismissal or whether there may be reason to believe you could win if it goes to trial. If not, then a plea negotiation may reduce the charge to a lesser offense. The fact you were not driving may help but if you were in physical control of the vehicle the interpretation is the same. Feel free to contact me to discuss.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hire a good DUI specialist, who will pick up the discovery and continue the arraignment to a later date (no plea should be entered). In the meantime, the attorney will conduct some investigation based on the discovery. This should be done before any type of plea (guilty, not guilty, no contest...etc) is considered. If you were not driving, you definitely need an attorney to talk to the prosecutor and work with him/her in ultimately getting the charges dismissed.
    Answer Applies to: California
    Replied: 5/10/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    You are not guilty. Give us a call.
    Answer Applies to: California
    Replied: 5/10/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Not guilty. If you were not the driver why plead guilty to the charge. You should hire an attorney to represent you.
    Answer Applies to: California
    Replied: 5/10/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    How could you have been charged with a DUI when you were not actually driving the car? DUI means *Driving* under the influence. You cannot be charged with driving under the influence when you were *not *driving. Does that make sense? Had you been driving drunk , and you could disprove the charge in some way or the other, you may plead not guilty and have your attorney petition for a disposition of negligent driving or reckless driving. your plea is entirely your own decision and should be an informed decision judging from the totality of the circumstances of your case. Please note that this answer should not be construed as legal advise. Contact an attorney in your state for full legal representation if you so wish.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    A DUI offense (even a first DUI) carries mandatory significant and harsh penalties including; a license suspension, jail time, fine, an ignition interlock device, special insurance, an alcohol evaluation, ADIS class, DUI victim's panel, and 5 years probation. A DUI attorney can help mitigate those consequences and improve your situation. Due to all of those penalties very few judges in this State will actually accept a guilty plea from a DUI defendant at arraignment. I recommend you plead not guilty and speak with an attorney.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    You should enter a plea of not guilty. Then you should retain an attorney experienced in DUI cases to represent you.
    Answer Applies to: New York
    Replied: 5/10/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    Not guilty. The State must prove you were in control of the vehicle.
    Answer Applies to: Arkansas
    Replied: 5/10/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    If you weren't driving you should plead not guilty and talk to a lawyer.
    Answer Applies to: Massachusetts
    Replied: 5/10/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    At arraignment, plead not guilty then hire a good attorney to evaluate the evidence against you & advise you of your options.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    At your arraignment, if in fact you were not driving you should plead not guilty. You have the right to have an attorney. It would most likely be in your best interest to have an attorney review the police report and advise you what to do from there. If the actual driver is willing to come forward that may solve you problem.
    Answer Applies to: California
    Replied: 5/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Unless you like jail time, not guilty. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

    Keep in mind a little free advice: When you are arrested and charged with 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: 5/10/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    You need an attorney. If your arraignment is coming up too quickly for you to consult with one, then either ask for a continuance or plead not guilty at your arraingment. Find a DUI trial attorney in your county.
    Answer Applies to: Georgia
    Replied: 5/10/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    You need attorney. At arraignment you can plead not guilty and that will give you time to consult an attorney.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    "I wasn't driving" can go several ways. There's "I wasn't driving" when the state can't actually prove you were driving, like when someone called in your plate and you were arrested while (you thought) you were safe at home and then there's "I wasn't driving" when you were passed out at a red light with your foot on the brake. Obviously there's lots of in between too. Depending on where your case falls, you may want to opt for your constitutional right to make the state prove the case before a jury of your peers. The thing is, however, that many states have first-time offender programs where if you go through a treatment program and jump through some other hoops you can get the case dismissed ("diversion" or "deferred prosecution"). Many of these programs are only available if you plead guilty to the charge and many are available as part of a early resolution-type offer. In other words, if you decide to go to trial, they may pull the diversion offer. Best advice to you is get with an experienced DUII lawyer who practices in your jurisdiction, sit down with him or her and see what the lawyer thinks about your options: how strong is your "I wasn't driving"?
    Answer Applies to: Oregon
    Replied: 5/10/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    It depends on many facts. What county were you arrested in? Some counties such as Nassau have a no plea offer policy. What are the facts of the case? It may be defensible. Did you take the breath test? What were the results? When you say you not driving were you in the car? Was the key in the ignition? I am a former federal and State prosecutor and now handle criminal defense including DWI. Feel free to check out my web site and contact me if you wish to retain counsel.
    Answer Applies to: New York
    Replied: 5/10/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    How could you possibly be charged with DUI if you were not driving the car? That's one of the essential elements of the crime. Never plead guilty to anything until you have consulted with an experienced DUI attorney first. Only a trained eye can review police report and lab results for errors that could get your charges reduced or dismissed. Even for your first offense, you are still facing possible jail, vehicle immobilization, fines, costs, higher insurance premiums, license sanctions, and probation. DUIs are too complicated to represent yourself on and a good attorney will more than pay for himself.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Generally, you should plead not guilty until you have time to hire an experienced, private criminal defense attorney. Even if you feel that you may have committed the crime alleged, you should always hire a criminal defense attorney to ensure that the case works out for the best, whether a dismissal, finding of not guilty or the best sentence that can be obtained. Especially in cases where you believe you have not committed the crime alleged, for example where you deny having driven the car, you should get an experienced criminal defense attorney as quickly as possible. You should try to do this before the first court appearance and as soon after your arrest as possible.
    Answer Applies to: Hawaii
    Replied: 5/10/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    You should plead not guilty so you can obtain the evidence against you.That evidence should be ready within a few days and they will release everything to you except witness evidence. There are quite a few factors to consider in a DUI case so it is best you have an attorney who is experienced with reviewing the evidence for lack of probable cause, breath test flaws, timing issues with testing, and potentially have a re-test of your blood if you tested by blood test, etc.
    Answer Applies to: California
    Replied: 5/10/2011
    The English Law Firm
    The English Law Firm | Robert English
    Plead not guilty if you weren't driving. Hire an attorney and fight the case.
    Answer Applies to: California
    Replied: 5/10/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    If you were not driving the car you should get an attorney and enter a plea of not guilty. How can you drive under the influence if you are not driving? Call me.
    Answer Applies to: California
    Replied: 5/10/2011
    Hale Law Group
    Hale Law Group | Joshua D. Hale
    Attorneys generally ALWAYS plea their client snot guilty at arraignment, unless there is a reason to plea guilty immediately, such as a very good deal.
    Answer Applies to: California
    Replied: 5/10/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Initially, you should plead not guilty until you or your lawyer has had an opportunity to review and scrutinize the evidence against you.
    Answer Applies to: California
    Replied: 2/24/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Stand mute and the court will enter a plea of not guilty. If you were bit operating that is one of the most successful defenses.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    The Purnell Law Firm
    The Purnell Law Firm | Simon Purnell
    Not guilty. And then you need to have your lawyer investigate how the state intends to prove the obvious element of "driving" or "operating" a motor vehicle while intoxicated. It seems that if you were not driving the state's case will be circumstantial at best.
    Answer Applies to: Texas
    Replied: 5/10/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    Plead "Not Guilty" and preserve all of your trial rights. Retain and attorney immediately. Please feel free to call me to discuss further.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Plead not guilty, then contact and hire the best attorney you can afford. These are serious cases.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    Don't plea guilty! Call my office ASAP.
    Answer Applies to: Michigan
    Replied: 5/10/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You should get an attorney. If there was no actual driving, then you should have an attorney handle your case, enter a not guilty plea, at set it for trial. Now there may be more to your case than that, so I would recommend at least speaking to an attorney about your case in more detail. You can reach me through my website if you would like to discuss this in more detail.
    Answer Applies to: California
    Replied: 5/10/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    I have quite a few clients who initially want to just have me plead guilty for them at the arraignment. They reason with themselves, that they were in the car, driving, and were intoxicated at the time. Open and shut case, they are guilty and should plead as such. I briefly have to explain to them that they do not have any duty what so ever to convict themselves. It is the burden of the District Attorney to prove the case. I explain, it is not what the defendant knows about the case which is important, but rather what the DA knows. In the case you describe, there is an actual issue of who was driving, even before the police report is reviewed. It sounds like you should also put in a not guilty plea and give your attorney time to review the police report.
    Answer Applies to: California
    Replied: 5/10/2011
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