What do I do if I was pulled over for a DUI? 53 Answers as of November 09, 2011

Luckily for your uncle the state will provide him an attorney if he cannot afford one. A blood alcohol content of .08 is right on the cusp of driving while intoxicated. The interesting thing about BAC results is that they are often given 1-2 hours after the person was observed driving. Since it is the BAC level at the time the incident occurred is the relevant level, a skilled defense attorney may be able to raise reasonable doubt using accepted scientific theory that your uncle's actual BAC was below .08 at the time of the incident.

He may qualify for a free Public Defender to help him try to fight the case and get less of a punishment.

Since your uncle no doubt had his license suspended for blowing .08 or higher, he should try to get the best disposition possible as soon as possible. Since his reading was barely over the legal limit, and assuming this is his first time, he will probably be offered an opportunity to plead guilty to driving while impaired, a traffic infraction. This carries with it a 90 suspension (as opposed to a six month revocation on the intoxicated misdemeanor), which runs from the time of the plea. Therefore the sooner he pleads to the reduced charge, the sooner he will get his license reinstated. He could also petition the Judge for a hardship license in the mean time, provided he shows proof of employment and a witness comes forward to state that he cannot work without his drivers license.

Unfortunately, your uncle is up against two big problems. One: a commercial driver who is convicted of .05 or above will lose his commercial license for 1 year. Two: without money your uncle is stuck with using a public defender. There is nothing wrong with public defenders. They are fine lawyers, but they are overworked and underpaid and often cannot devote the necessary time to your uncle's case.

Have him apply for a public defender when he goes to his first court appearance.

He needs to contact an attorney. If he cannot afford to hire one, he can ask the court to appoint him a court appointed attorney if he qualifies. A DUI is very serious, especially for somebody who holds a CDL endorsement on their driver's license. He has too much at stake to not contact an attorney.

If he owns no property then he probably qualifies for a court appointed lawyer. When he goes to court he needs to bring his bank statement and pay check stubs to show how little money he has. He MUST be looking for a job DAILYso he needs to bring a list of all the places he has applied including the contacts and numbers.

He can ask for a court appointed (free) lawyer.

He can get the public defender.

Your uncle has nobody to blame for his predicament except himself. Do not expect the courts to sympathize with him. Driving a semi under the influence is a grave crime; imagine if he had hit someone in that vehicle. What he can do is ask the court to appoint a public defender to represent him in the case. You should be aware that he will probably be asked to fill out an affidavit of assets and liabilities before the judge determines if he is entitled to a free lawyer. It would definitely be in his best interests to hire an attorney, if the court denies him the public defender, as he is facing stiff sentencing if convicted, I would venture to guess.

If he can't afford an attorney, then he should make a request for a public defender to represent him. If he stands to lose his livelihood and not be able to work, then it is imperative that he have legal representation to work out some plea agreement. If he has a clean criminal and driving record up to this point, then there's a chance that the prosecutor could work out a plea deal such as probation, but not have his license taken away.

It sounds like he will be eligible for a court assigned lawyer. He should ask for one at his next court appearance. With a .08 reading it is a beatable case with a good lawyer.

Your uncle should be entitled to a court-appointed lawyer, at no cost to your uncle.

He has to accept a public defender and fight the charge.

Your uncle is in a very difficult situation. A DUI conviction is SERIOUS, esopecially for a commercial trucker. It will be very difficult for him to get his commercial trucker license back if convicted. If your uncle has no money, he may qualify for a public defender.

If he was driving a commercial vehicle with an .08 B/A he has big problems. The DMV does not look kindly on commercial drivers driving under the influence. He better hire a good lawyer right away and pray.

He can ask to have the Public Defender's Office appointed to represent him. Usually this requires him to fill out an affadavit showing his income.

When he goes to court for this charge, advise the court that he is indigent and see if the court will appoint an attorney to represent him.

Usually, DMV will suspend your license for 90 days. You can request a restricted license after 45 days of the suspension have passed. You have a low BAC at .08. With the assistance of counsel, sometimes your charge can be reduced to a reckless driving and that might not have as great an impact on your employment.

He should ask the court to appoint him an attorney at the public's expense. Or, if he has friends and family that could raise him some money, perhaps he would be able to retain a lawyer. If a group of family or friends chip in, it may be manageable. Most attorneys provide free initial consultations. It will be well worth the effort for your Uncle to talk to a few local attorneys in the area.

He should ask for a public defender. The judge will decide whether or not he is eligible for one.

He will likely qualify for a public defender given that financial situation.

He can ask the court to appoint one.

If your uncle has a cdl the .08 reading could be a problem for his drivier's license. He needs an attorney to save his livilihood. He should ask the court for a public defender attorney. He probably will qualify for a public defender.

Money is ALWAYS an issue in these cases! The public defender may represent him if he is indigent, but a good DUI lawyer might be able to get the charges reduced and likely get his commericial license back. He should talk to family or friends, or get a loan to consider hiring a specialist in DUI defense.

Qualify for a court appointed attorney and fight this with everything he's got. Unfortunately, commercial drivers can't drive at a 0.08, they have a lower standard. However, if he was in his personal car, then it's 0.08. and with a breath test that close, it could be off due to the inherent unreliabilities of the machine.

It sounds like he will qualify for a public defender on the criminal case. Most public defenders, however, will not handle the license hearing before the Department of Licensing (DOL)but you may be able to find a lawyer to handle that hearing for around $500 to $600. He should request a DOL hearing asap and he should have received a document from the arresting officer about the DOL process.

If you drive for a living or have a commercial license you should retain a good criminal lawyer to try to get the best possible results. If you have to borrow the money, sell something, or get a bank loan it it worth it to avoid getting convicted of a DWI. You may be able to get it reduced to a violation of Driving While Impaired and have a 90 day suspension as opposed to a 6 month revocation which can take longer since you have to apply to get your license back. Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. It is dangerous, selfish, and expensive, especially if you drive for a living. It is much smarter to take a taxi or call Designated Driver, a service that will drive you home or anywhere you like in your own car. If you have no money and no property the court will appoint an attorney to represent you. Some public defenders are good, others are not skilled or experienced and do not have the connections with prosecutors that can help you to get better plea deals.

He can apply for the public defender to represent him, after his first court date.

You can ask the court for a court-appointed lawyer.

Most courts have self-help legal services departments that he can use to try and fight the case. Since he relies on his driving privileges for a living, he has a strong interest in trying to beat this DUI. I would strongly encourage him to try and hire an attorney and try to at least get the DUI reduced to a lesser, non-alcohol charge so he can at least try to save his license.

The court will appoint an attorney for him. Some public defenders are excellent lawyers. Although you, or he, might do better by hiring a lawyer, it's a bad idea to scrape together a few thousand dollars to hire the cheapest lawyer you can find. A good private DUI lawyer would be expensive, and, if you can't afford it, you're better off with the public defender.

Not a whole lot. He could petition the court for a Deferred Prosecution but that won't necessarily save his CDL. It is DUI for anyone with a CDL to have a BAC of .04 or more while operating a vehicle so there isn't much room to negotiate. Due to his indigency, your uncle may qualify for a public defender. That lawyer can look at the case and devise the best strategy. Since I'm unfamiliar with the specific facts of this case, I can only discuss your uncle's options. The first option would be to plead guilty and find another line of work for as long as his CDL is suspended. Another option would be to make the state prove him guilty at a jury trial. That of course that is a crap shoot because one never knows what six strangers will decide. The other option I mentioned is the Deferred Prosecution or DP. To succeed in a DP, one has to attend two years of treatment classes and AA and is on probation for five years. The problem for your uncle is the cost of treatment, which can run in the thousands of dollars. With his indigency, I would suggest he check into ADATSA treatment through the State of Washington. There's always a waiting list and he would simply have to be patient. The thing about a DP is a petitioner must have a State-certified alcohol counselors' assessment that recommends treatment. The Department of Licensing also requires the assessment before it will reinstate your uncle's driving privilege so he might as well get one done. Your uncle will be able to obtain an ignition interlock license (IIL) immediately. He may be stuck delivering pizzas for a year but it's work.

There isn't much he can do. Chances are, his license has already been suspended, because he failed to request a DMV hearing within 10 days of arrest.

Your uncle will have a Public Defender lawyer appointed for him at his first court case to represent him for the duration. He should still seek a local attorney to assist him with his DMV hearing. The hearing must be requested from the DMV local driver safety office within 10 days of his arrest. Best of luck.

He can request a lawyer be appointed by the court.

He can request a court appointed attorney. This is not free and the cost will be assessed against him if he is convicted.

He must fight the case if he wants to ever have a commercial license. If he pleads guilty he loses it forever.

Because a DUI conviction carries a jail sentence, he can request a lawyer be appointed for him. Unfortunately, that lawyer probably won't handle the admin hearing as well. He needs to make the request for the administrative hearing within 14 days of being given the DC-27.

Based on what you've said, your uncle should apply for a public defender. Given the low BAC, it's possible he has a defensible case. An attorney is advisable.

Who was pulled over - you or your Uncle? If the person pulled over can't afford a lawyer he will be assigned a public defender if he is indigent. Maybe someone can lend the person some money to retain a good criminal defense attorney. The person is looking at the suspension or revocation of his CDL.

If this happened in NY he has a big problem on his hands because unless the ticket gets dismissed totally he will lose his CDL license. The court will appoint him a lawyer, however it is time for him to start looking for a new line of work, because he needs to plan for the contingency that he may lose his CDL.