What do I do if I have to go to court for a DUI? 53 Answers as of October 28, 2011

You should get an attorney. The lawyer can help you work out something. He is going to try to either fight the case or try to get you a deal.

You would need to discuss the facts with me to get an accurate answer. If you BAC result was .09 or higher, it is unlikely that the prosecutor will drop the charges or amend them. As far as your first appearance in court is concerned, you will have a few options presented to you by the court. The first option will be to plead not guilty and hire an attorney. If you cannot afford an attorney, the second option is to be screened for your eligibility for a public defender. The third option is to talk to a representative of the prosecutor's office to see if you can make a deal. That's pretty much what will happen. You will be arraigned on the charge and your plea should be "not guilty" unless you have reached a deal with the prosecutor. While you may be factually guilty, that doesn't mean you are legally guilty. The media like to make a big deal when some accused bad guy pleads not guilty at arraignment and later changes his plea to guilty. In reality, everyone should plead not guilty at the first opportunity. That will preserve your ability to plea bargain if you want to. Even a factually-guilty person should preserve his options by pleading not guilty. Remember that it is the obligation of the state to prove you legally guilty. You can only be guilty if you waive your rights and plead guilty or have a trial and have a guilty verdict from the jury.

Hire a criminal defense attorney or ask the judge to appoint an attorney if you can not afford one when you appear in court.

You are presumed innocent until proven guilty. The prosecutor must prove the allegations beyond a reasonable doubt. OUI charges, if convicted, will stay on your record for a very long time and make it more expensive for you to keep and maintain your vehicle.

You should seek legal representation. DUI's are very serious offenses that can affect travel, your license and fines and jail time. Please get a continuance on your case and consult with an attorney so you know your options.

If it's your first appearance, always plead not guilty at the arraignment, otherwise you encounter the full wrath of the charge and forfeit any opportunity to plea bargain. Even for a first offense, the consequences can be severe and longlasting. At least have an attorney review the evidence against you to check for any errors that could get the charges reduced or dismissed. A good DUI attorney will more than pay for himself in what he can save you.

The only way you will get a DUI reduced to a wet reckless is if it is between .08 and 1.0 and many counties will not even reduce it then.

It is a stressful situation going to court, particularly if it is your first time. The first court appearance for DUI cases is to advise you of your rights, the penalties, and for you to enter a plea of NOT GUILTY (never guilty). You'll then sign for a future court date and leave. Once you leave you must talk to a qualified DUI lawyer. Even if you do not have the ability to hire an lawyer, you must talk to the attorney so he/she can advise you about what to expect. If you cannot afford a private DUI attorney request a public defender. Best of luck.

You need to hire a lawyer! You cannot represent yourself, especially if you have any hope of getting the case dismissed or lowered. Do NOT talk to the prosecutor on your own.

Definitely speak with an attorney. If you don't have one by the time you go to court tomorrow, request an adjournment to speak with one. The court has to grant this adjournment. DWI is a crime and can have serious consequences. No prior record is in your favor. It also depends what your blood/alcohol reading was on the breathalyzer. If you failed to take the breathalyzer, that will have additional detrimental consequences. Most counties will plead to the DWAI (Driving While Ability Impaired) a violation, not a crime if the reading was not too high. Also,there are other collateral consequences if convicted such as not being allowed to enter Canada.

A DWI may be much more serious than you realize. First, even a first offense with a low blood alcohol content is , at a minimum, a misdemeanor punishable by up to 90 days in jail and a $1000 fine. Moreover, it creates a permanent record that makes any subsequent subsequent DWI offense would be much more serious. As a result, as strong defense on the first alleged incident can be critical to your future. What you may not realize is that there is also an entirely separate case related to your license revocation. No matter what happens in the criminal case, the license revocation will remain on your record if not challenged. For all intents and purposes, it is viewed the same as having a DWI. 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. 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.

Penalties for a DUI: Prior criminal history has no bearing. A DUI is punishable what is classified as a gross misdemeanor, punishable by up to a YEAR IN JAIL AND A $5,000.00 FINE. There is a mandatory minimum jail time of at least 1 day, possibly more depending upon the facts of the case (even for a 1st time offense, if found guilty). If you plead guilty, the judge will sentence you to the maximum jail time and fine, but then suspend all jail time and fines, except for the mandatory minimum, which would be 1 day in jail and about $1200.00 in fines and costs. The balance of the jail time and fines would be suspended for a 5 year period of time (probation) condition upon no future law violations and that you comply fully with court mandates, including but not necessarily limited to having an alcohol/drug evaluation and follow any recommended treatment (which could be as much as a 2 year treatment program, for which you would be responsible for the costs of treatment). The court may impose other requirements as well. In addition thereto, you will loose your license for at least 90 days (however you may be eligible for an occupational permit after a 30 day suspension). Depending upon the level of the breath test, the judge might require an interlock to me installed on your car after the suspension. This is a device in which you will be required to blow into every time before you start your car. If there is any alcohol present in your system, the car will not start. Add to this is the issue of insurance. With a DUI conviction, your insurance company may well require high risk insurance (commonly referred to as SR22). This insurance can be expensive (about 150% of regular premiums). Bottom line: there is a lot at stake -even for a first time DUI. Consult with and, preferably retain legal counsel. In addition, a conviction carries with it some other far reaching ramifications. A conviction could disqualify you from admissions to certain colleges, as well as disqualify you from scholarships, educational loans and grants. This is a VERY serious situation. You need to have an attorney.

I am sure that you want to resolve this matter, so when you appear in court, the judge will inform you to get an attorney to represent you. If you are without funds to hire counsel, and are determined to be indigent, you may get a public defender, but in any case, do NOT try handling this case on your own. An attorney can go through the case with you, get the evidence the prosecution intends to rely upon in getting a conviction, and inform you of the best way to resolve this matter.

Did you know that your license will probably be suspended tomorrow? You need to ask for a Hardship Privilege if you need to drive to work. You need to be represented by an attorney. An attorney can spot weaknesses in the case against you that you would never see and knows how to navigate the system and comply with all procedures. Also, the prosecutor will probably not speak with you directly so no plea bargaining will happen unless you have a lawyer.

Enter a plea of not guilty and ask the judge to put the case on a pretrial calender so you can discuss the case with the D.A. If the B/A was low you might be offered a deasl.

If your desire is to get your DUI reduced or dismissed, it is vital to hire an attorney that handles DUI prosecutions. If tomorrow is your first court date, ask the judge for more time to hire a private attorney. The Public Defender's Office is an option for those who cannot afford to hire a private attorney. However, the Public Defender still requires some sort of payment if you can afford it and they do not handle DMV hearings. This is extremely important! If you do not calendar a DMV hearing within ten days from the date of your arrest your license will automatically be suspended.

You need to hire a lawyer. Your best shot at getting your case reduced is to hire someone who knows DUIs to represent you. If your car breaks down, you don't fix it yourself. You hire a mechanic who knows what they are doing to fix your mechanical problems. Same thing with being accused of a crime. You do not know what you are doing. You need someone to (1) counsel you as to what is occurring and (2) to fight for your rights.

In court, be prepared to provide your name and current address.Also,relate your ties to the community and reasons supporting that you are a good citizen and not a flight risk. this approach is to avoid the imposition of bail by the court.

Have you requested a DMV Hearing? I want to have charges reduced, contact some local attorneys and consult to see what their fees are and what kind of help they can offer. Don't go in alone. If you have to go in alone, then ask the court to continue your arraignment so that you can have more time to find an attorney. Don't continue waiting for answers from the site, call some attorneys immediately.

DUI California Your initial appearance in California courts on a DUI charge is called your arraignment. If you go to court without an attorney (not advised) you should seek the assistance of the public defender. If you're charged in Southern California, and you choose to plead guilty to DUI (V.C Sec. 23152(a) and 23152(b)) (first offense), the punishment you'll likely receive is: 1. 3-years summary probation; 2. $390 fine, plus penalty assessment (bringing the total fine to about $1,800 - you may be able to reduce the fine by performing community service); 3. 6-month driver's license suspension; 4. A 3-month DUI class (if your blood alcohol content was between 0.08% and .014 %). - The classes are longer if you BAC is higher than 0.08% 5. Attendance at MADD (Mother's Against Drunk Driving - Victim Impact Panel) class However, you never should plead guilty to a DUI, or any charge for that matter, prior to reviewing all Discovery (i.e., police reports, breath/blood results, etc.). Therefore, at your first court date, listen to what the District Attorney has to offer, PLEAD NOT GUILTY, and set the matter for a pretrial (about 30-days out), so that you and your attorney may review all Discovery before deciding what to do. Possible reductions to DUI are, Reckless Driving (V.C. Sec. 23103), "Wet" Reckless (V.C. Sec. 23103/23103.5), or possible dismissal if there were errors committed by police/CHP/Sheriff during their investigation.

Talk to the prosecutor before court. If he is willing to make you a deal, he will tell you. If he is not and you think you need an attorney, ask to have the matter continued so you can obtain legal advise.

You really should hire an experienced DUI attorney to represent you in court. It would be impossible to tell what is possible for your case without first knowing all of the details involved with your DUI. However, whatever the best possible result for your case may be, it will most certainly only be achieved with an experienced DUI attorney at your side. I hope this answer was helpful. Good luck. FYI, you can always ask the court to continue your hearing tomorrow so you can have time to hire a DUI attorney.

Hire a lawyer and find out your options. Deals can be made on DUI cases.

Your first appearance in court will be pretty routine. You will have to sign a form called "Rights on Arraignment" which basically says you understand that you have the right to trial, an attorney, etc. The judge will ask you "how do you plead?" "Guilty" or "Not Guilty." If you plead not guilty, a pre-trial date will be set. This is usually in a month or so out. If you are interested in having the charge "dropped down", I would suggest pleading not guilty and hiring an attorney. If you proceed Pro Se, without an attorney, you will not be able to negotiate with the prosecutor since you don't know what issues to leverage to get an offer of a lesser charge. Also, having an attorney review the police reports and other documents greatly improves your chances of possibly having it dismissed outright.

You need to plead not guilty and retain an experienced DUI attorney to represent you. DUI is a serious charge and can be complex but many cases can be reduced. You also need representation with the DOL.

You should hire a lawyer. Legal situations are complicated, that is why our founding fathers recognized the need for an advocate when the State tried to take away a person's liberty. A lawyer will ask questions you have not even considered asking. A good criminal defense attorney knows what a good case looks like and what a bad case looks like, and sometimes how to ask questions until a good case is revealed to be a bad case. At court tomorrow ask for more time to hire a lawyer. If they are willing to appoint you an attorney communicate clearly and articulate your goals.

There are many intricacies to DWI in New Hampshire, not the least of which is a thorough understanding of the Administrative License Suspension procedure, called "ALS". You need to have an attorney to help you through this, to reduce the consequences, and to understand the ramifications which the court and the prosecutor do not have the time, nor the duty, to thoroughly go over with you. If this is your arraignment, say nothing more than "not guilty" and your name. Do not discuss the facts of the alleged stop with anyone there or anywhere else.

Be very careful. You need an attorney to be honest. If you cannot afford one you will get screened to see if the State will provide you a public defender. If its this early and your going to court on an arraignment, then you will plead guilty or not guilty generally.

When you go to court you should tell the judge you need time to hire an attorney. He is required to give you time to find a lawyer.

You have to retain counsel.

Request a continuance of the arraignment, if denied, plead not guilty. You will get a new court date. Consult a DUI attorney to know your options and possible reductions and potential defenses.

If you want to find out if you can beat the charge, or have it reduced, you need to talk to a DUI lawyer. Because of your late notice, if you have to appear tomorrow, ask the judge if you can continue your arraignment a couple of weeks to consult an attorney. The Court will give you a continuance without penalty. Then, most attorneys will talk to you without charge and advise you. If your case is in Orange County, contact a lawyer familiar with the Courts. I also offer free consultation and will discuss with you over the phone. If in Orange County, mention my name and tell them you are going to meet with me, that will give you credibility with the Judge. Also, in some cases, the charge may not be filed on time. Check with the Court.

Assuming it is a misdemeanor charge, if you plead guilty or are found guilty, you will likely only receive a fine, probation, and have to do a chemical evaluation. The charge could potentially be reduced to a careless driving if the test you took resulted in a relatively low reading.

Go to court tomorrow and ask for a 1 month continuance. Tell the Judge you need time to hire an attorney. If you choose to represent yourself, you will have no choice but to plead to a DUI. Prosecutors simply won't take you seriously, and most attorneys don't specialize DUI enough to understand the various aspects, such as the DMV proceeding that occurs concurrently.

Hire a lawyer. You don't want a DUI on your record if there's any way to avoid it. Sometimes an attorney may know of other options as opposed to a DUI conviction.

I would advise you strongly to seek the counsel of an attorney before you do anything. The court will generally allow time for you to hire an attorney or if you can't afford one, the court can see if you qualify for an appointed attorney. Either way, the help of an attorney in a DUI case is well worth it.

Because this is a misdemeanor, criminal courts treat these very seriously and one cannot represent oneself. If you think you can get a Public Defender, consider this: if you have a job or assets, you legally do not qualify. If you apply for a Public Defender, you will have to apply and swear under oath. If you do meet the financial eligibility criteria for a public defender for the Criminal Court side of your DUI case: (a)public defenders do not handle DMV license suspension actions; and (b)your court appointed attorney will not be available to discuss your DUI case with you until they have been officially appointed by the Judge no sooner than the date of your first court appearance, or arraignment. Being that the 10 day grace period for requesting a DMV Licensing Hearing would have already lapsed, it is strongly recommended that you retain a qualified and proven San Diego DUI Attorney Specialist to represent your quasi-civil, administrative matter with the Department of Motor Vehicles. You can only apply for a "public defender" if you show you are unemployed & have no assets. If you have no job or assets, you can't choose which attorney from the Public Defender's office you'll get. If you have no job or assets, your case will be assigned to an attorney. You may get an excellent one or one that is less than stellar. Like private attorneys, there are good and bad ones, but if you are assigned to a bad one, it's difficult to switch unless you subsequently hire private counsel. Public Defenders are notoriously overworked. While there are the good aspects I mentioned above, but their caseload doesn't allow them the luxury to spend any significant amount of time with any one client. It's not their fault - just a reality of too many cases and not enough time. Private attorneys will be able to spend more time discussing your case, the options and strategy with you. Attorneys from the public defender's office start with low-level offenses such as misdemeanor DUI cases and work their way up. If you have no job or assets, your case may not be assigned to an attorney with very much experience as far as number of years practicing law. Depending on the court and the number of public defenders, if you have no job or assets, you will usually get assigned based upon which attorney is "next in line". Another problem with a public defender is assigned all types of case by the court. This does not allow the public defender to really focus on one area of law and they have to be more versed in all areas.

You need to appear at arraignment and either enter a plea "guilty" or "not guilty" or hire an attorney to represent you and wait for him to enter a plea on your behalf. You can not plea down DWI. DWIs are tough cases to defend but you may have defenses available after a careful study of the facts and discovery from police department.

You should talk to an attorney in your area. DWI's are serious and will not be dropped or reduced by district attorney's offices (unless an attorney points out the flawed case). However, just because you are charged with the crime does not mean you have to plead guilty. In DWI cases there are many procedural steps that have to be followed, hire an attorney who focuses on criminal and DWI cases and they should be able to help you.

Either hire an attorney tonight, or if you are indigent, plead not guilty and request a public defender.

That is possible if you have no priors. We have been successful in getting "first" DUI's lowered to wreckless driving on other cases. These cases are all fact dependent but if it is truly your first DUI then a lawyer will be able to work out a deal with the prosecutor that will enable you not to have a DUI on your record.

It all depends on your reading as to whether the charge will be downgraded - if the reading is a .08 or higher, there will most likely not be a downgrade. Considering the harsh consequences of the DUI penalties, I would strongly recommend you at least consult with an attorney before you enter a plea. Perhaps you should go to court tomorrow and tell the Judge you are seeking a continuance to speak to an attorney.