If I was arrested for a DUI driving a vehicle, DUI Drugs, what is the best way to handle this? 8 Answers as of August 01, 2013

This is my first offense and I was arrested for a DUI (marijuana) driving a vehicle, and DUI Drugs. Also, failure to stop when exiting a private drive which is the reason why I was pulled over. I am 18 years old and clueless as to what various terms mean, such as plea bargain. I spoke with an attorney about what my options may be. I would like to know what questions I should ask this attorney when considering what decisions to make, because I honestly don't know what the differences are. Should I extend this and take this to a trial? I am not sure how to handle this or what to ask my attorney.

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Law Office of Thomas C. Phipps | Thomas C Phipps
Ask about the range of punishment for the various charges. A plea agreement means you plead guilty and the prosecutor recommends a sentence of jail and/or fine. This will probably be less than you would get if you were convicted at trial. Also ask what are the attorneys charges to represent you
Answer Applies to: Missouri
Replied: 8/1/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
The best thing that you can and should do is find a lawyer that you trust and then follow their advice. Asking one lawyer what to ask is not the best way to establish a confidential relationship with your lawyer.
Answer Applies to: Massachusetts
Replied: 8/1/2013
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Fight it. These cases are nearly impossible for the State to win at trial because of the science involved. The psychoactive metabolite in marijuana only stays in your system for a very short time after having smoked. If you are a regular smoker the test will show the inactive metabolite which can stay in your system for 45 days. This doesn't have any bearing on whether you are impaired. The state can't prove that you were impaired because of marijuana. It's their burden and they mostly can't reach their burden. Further, the cop that does the drug recognition evaluation (DRE) usually does it wrong and an expert can point out how wrong they are. For instance, the DRE cops are taught that one symptom of being under the influence of marijuana is a green coating on the tongue. This is ridiculous. Finally, there are studies which show that people under the influence of marijuana are not impaired. I know, for years you've heard people tell you they drive better when stoned. An defense expert can get those favorable studies in front of a jury.
Answer Applies to: California
Replied: 8/1/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
You definitely need this attorney, and should ask any and all questions you might have, including explanations of what various terms mean. Be sure your lawyer is familiar with the prosecutor in the case, as well as the judge. You should be clear about everything before proceeding with the case, and I am sure the lawyer is capable of explaining everything to your satisfaction. He should obtain all the discovery in the prosecutor's possession, including all test results. He should get your version of what happened, as well. He should then give you your options, whether they be by filing motions, such as one to quash the arrest; plea bargaining, which is discussing a penalty with the prosecutor, as to what the DA would be recommending pursuant to a plea of guilty; or trial, either before a judge or 12-man jury. In many states, there are penalties which will not affect your driving privileges, and not be considered formal convictions, be sure to gather information and ask questions about alternative sentencing options available to you if you enter into the plea bargaining process.
Answer Applies to: Illinois
Replied: 8/1/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
You should see if the area has some sort of diversion plan for first time offenders. This could possibly make it so you end up with no conviction. The questions that you are asking are the right ones to ask a local attorney.
Answer Applies to: Michigan
Replied: 8/1/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to hire a DUI specialist. Drug DUIs are difficult to prove, because unlike alcohol, there is not set limit regarding concentration.
    Answer Applies to: California
    Replied: 8/1/2013
    Law Office of Benjamin K. Lemcke | Benjamin Lemcke
    DUI is a criminal charge and can have serious ramifications legally, professionally, and personally. It is important to have an attorney to represent you when you are charged with any crime. Do your research. Hire an attorney who has experience handling DUI cases. You do not want to hire any old attorney because DUI law is a specialized field and DUI cases are very nuanced and there are a great deal of defenses and procedures important to a DUI case that are not present in other cases. Hire an attorney who holds himself out as a DUI attorney. Ask whether he has represented DUI clients in the past, and how many. Ask him whether he has attended any training's or CLE's that teach attorneys how to handle DUI's. Shop around; don't just talk to one attorney. Ask around for referrals. Referrals are valuable because you may get a discounted rate if you tell an attorney another attorney referred you. You are getting an attorney that other attorneys respect. Your attorney may focus harder on your case if you were referred by another attorney, because he knows his reputation depends upon it. (I used male pronouns in this answer only for convenience. That is not to suggest a male attorney would be better in any way to a female attorney. Some of the best attorneys I know are women.)
    Answer Applies to: Rhode Island
    Replied: 8/1/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Ask you attorney all of your questions and have your attorney explain the situation to you. No one in this forum can do better.
    Answer Applies to: Michigan
    Replied: 8/1/2013
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