What should I do if I am a first time DUI offender? 49 Answers as of June 09, 2013

Here is the deal. I got a DUI after I was pulled over for speeding (11-14 mph over). I did not decline any tests. I failed the breathalyzer downtown. The portable breathalyzers never registered anything. I blew a .11 downtown. I accept that it was a stupid decision and I do not plan on trying to get not guilty. I would like to try to get court supervision for my DUI. Do I need a lawyer for this, or can I just ask the prosecutor myself for court supervision since it is my first offense? I know I was wrong and don't ever plan on going back to jail. I just need advice on whether or not to get a lawyer for this particular case.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Yes you should hire an attorney as you have a much better chance of getting a favorable result than without one.
Answer Applies to: New York
Replied: 6/7/2013
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
In the District of Columbia if your test results are below a certain level and you have no prior DUI's you may have an opportunity to be in a diversion program. If you are not presently represented by counsel you can speak with a prosecutor to see if you can participate in the program.
Answer Applies to: District of Columbia
Replied: 9/2/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should retain a good criminal attorney to handle the case. I offer a free consultation and with a .11 BAC there is a good chance that you will only be convicted of an Impaired violation and lose your license for 90 days
Answer Applies to: New York
Replied: 9/2/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, get a lawyer who knows how to defend DUI cases in the jurisdiction in which you were charged. DUI is a criminal misdemeanor offense with possible serious adverse consequences for your future (if you're convicted) which an experienced attorney may be able to mitigate in some measure and which you are unlikely to be able to do on your own.
Answer Applies to: Virginia
Replied: 9/2/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
The prosecutor generally will not even speak to you... You're being charged with a crime that could lead to a criminal record permanent against you... I would highly recommend having an attorney with you.
Answer Applies to: New York
Replied: 9/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Your questions are why you need an attorney. First do not plead guilty off the bat you lose any bargaining power. First an attonrey might be able to get you a plea to a lesser charge and make a deal so you won't serve time. Next the DUI carries more fines and points on your license than "impaired".
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Martin Law Offices, PLLC
    Martin Law Offices, PLLC | Matthew T. Martin
    It appears that you will be charged with a Misdemeanor DWI, which in Minnesota can result in 90 days in jail and $1000 fine. There are also collateral consequences from a DWI DUI criminal charge in Minnesota, such as driver's license revocations, license reinstatement fees, court fees, increased insurance premiums, and potentially restricted access to foreign countries based on your criminal record. Even if you intend to resolve your case without contesting the charges, it is always a good idea to have a lawyer review the case and educate you on what is happening before you act. Having an experienced lawyer guide you through the process will alleviate stress and keep you from waiving rights you should not waive. To answer your question, court supervision without a conviction on a DWI is highly unlikely. However, many potential resolutions are possible. I suggest you take advantage of a free case evaluation by a few experienced DWI lawyer before taking your next step. You may be able to save yourself some time and money by educating yourself on what lay ahead.
    Answer Applies to: Minnesota
    Replied: 9/2/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I do not know what court supervision means unless you are talking about probation. You may qualify for one of the new diversion programs that are now in place in some counties that may prevent you from being convicted of DUI.
    Answer Applies to: Alabama
    Replied: 8/31/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A first offense DUI can carry a maximum of 6 months jail and fines of $1500. The minimum is 48 hours and $750. On a first offense, there usually is a possibility of a diversion. You should ask about that. If you want to save money, you could negotiate directly with the prosecutor and not hire an attorney. If you are not financially able to hire an attorney but think you want to have the assistance of counsel, you can ask the judge to appoint one to help you. I would not advise going it alone as there are pitfalls you may not be aware of.
    Answer Applies to: Kansas
    Replied: 8/31/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If you are comfortable with representing yourself and not knowing if you have a defense to the case or if the charges can be reduced or what the consequences are of a plea, then you can proceed without an attorney. The choice is yours, but it is best to have someone on your side to review your case and best negotiate a result. Everyone else in the process is against you and is looking forward to your conviction. It would be wise to have someone in the process who is on your side.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The offense is much more serious than you may think. A fourth degree DWi is a misdemeanor. It 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. 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. 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.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Yes get a lawyer.
    Answer Applies to: Michigan
    Replied: 6/9/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    There may be defenses to your case. only an attorney practicing in this area could determine that fact; however, you seem to accept guilt and want to move forward. Since this is your 1st offense and you blew a .11 (the portable breath test is not critical. the downtown one is), you are looking at the following: - 365 days in jail with 364 days suspended. In other words, you will serve a mandatory 1 day in jail. The court has no discretion - $5000 fine with $4199 suspended. In other words a minimal fine of $805.00 plus costs and assessment for a total of about $1300.00 - Loss of license for 90 days - The balance of the jail time and fines are suspended for 5 years based upon the following: Law abiding behavior; no violations of the law, Have an alcohol/drug evaluation and do as recommended, with a minimum of an 8 hour alcohol/drug information school, Attend and complete a DUI victim panel, The court could possibly order an interlock device installed on your car, which would require you to blow into it before the car will start. If there is any alcohol the car won't start - Additionally, you are going to have to have SR22 insurance, which is high risk insurance. The premiums generally run 125% more than regular insurance premiums. Before deciding to plead guilty and face these penalties. and possibly more, you should consult with an attorney.
    Answer Applies to: Washington
    Replied: 8/31/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Any time you want to gt something to happen other than the "standard" or "usual", and you think there are some unique factors which should be taken into consideration, hire an attorney.
    Answer Applies to: California
    Replied: 8/31/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    You should be able to plead this down on your own as a first time offender to DWAI and receive probation.
    Answer Applies to: Colorado
    Replied: 8/31/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I'd recommend that you obtain legal council. You may not be guilty of any offense or only guilty of a lesser offense. You are presumed innocent until the prosecutor proves your guilt beyond a reasonable doubt or you choose to plead guilty to the offense. Any OUI conviction will carry significant license sanctions administered by the Secretary of State in addition to any penalties imposed by the court. Effective advocacy may have a big impact in the outcome of your case. If you cannot afford to retain an attorney, the court may appoint you one at the public's expense.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    There is no such thing as "court supervision." You need to retain counsel .
    Answer Applies to: New York
    Replied: 8/31/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes, you should hire an attorney. If not for the mere convenience of never having to show up to court, it's a great idea because an attorney can fully evaluate your case. It's particularly beneficial for you because the PAS machine malfunctioned.
    Answer Applies to: California
    Replied: 8/31/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    You have to decide whether you need a lawyer, not the lawyer. I suggest making an appointment to talk to the lawyer and then based on what he tells you make your own decision.
    Answer Applies to: Louisiana
    Replied: 8/31/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    You should always hire an attorney for ANY DUI offense. The consequences are serious for DUI cases and include: license suspension (automatically by the DDS if you fail to request a hearing within 10 days from the date of your arrest); mandatory jail time; hefty fines; Alcohol and Drug Risk Reduction Classes and evaluation; 12 months probation; increased insurance premiums, etc. An experienced attorney can review your case to determine whether or not there was probable cause for the traffic stop, whether or not the Field Sobriety Tests were performed properly, whether or not your implied consent rights were read to you properly, and whether or not the Intoxylizer 5000 test was administered properly. Your attorney can evaluate the particular facts of your case and make recommendations as to how you should proceed.
    Answer Applies to: Georgia
    Replied: 8/31/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You need a lawyer. Depending on what court your case is in, such an option might not be available. Different courts handle this type of charge differently. Also, it depends on what the prosecuting attorney is willing to offer.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    My advice is always get a lawyer. The DA is not your friend and they have no incentive to help you. The DA has one job and one only, clear cases with convictions. The law states that a DA is not to seek conviction but to seek the truth and justice, but the fact of the matter is that our legal system consist of the cops who affect arrest, the Courts, and the penal institutions and none of them are interested in "Justice or truth" (with the exception of the Defense Bar which is the least powerful group in the system politically speaking, which is why they are the only ones interested in justice, everyone else is subject to political pressures). Think of it this way, the Chief of Police has a job to do, if he does not do it, his boss, the Mayor is an elected official who answers to the political whims of the public - which means the chief of police answers to political whims and cops are told to clear stops and investigations with arrest. Next the DA is elected and always runs on a platform of being tough on crime - DUI/DWI are very politically hot topics by the way, so you can see where this goes. I have had Assistant DA's (actually only heard this from "former ADAs) say that they were promoted based on conviction records. They had to try a certain number of cases to get promoted and the promotion was granted only if the conviction rate was high. In other words, the ADA is subtly encouraged to find cases that he/she thinks are winnable even if it is only because of political beliefs of the public (ie: drugs are bad, any assault involving a teacher is bad, etc) and try those cases. A DUI that is being presented without an attorney therefore presents an opportunity for a young ADA looking to get a trial. This is not intended to say all ADAs practice this way, but the fact of the matter is many if not most, do. Accordingly, you can ask the ADA to cut you a deal, but they have absolutely no incentive to do so.
    Answer Applies to: Texas
    Replied: 8/31/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Whether you hire an attorney is a decision you alone must make. It is unclear as to what you mean by court supervision. An attorney could help explain to you your options in this matter.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    You should hire an attorney now. Someone who is relentless and thorough. Do not think based on what the cops told you that all is lost, that you were really going the speed alleged or that they can prove everything they charged you with. The prosecutor is not your friend. If this arrest was recent you should hire a DUI attorney ASAP to start an investigation and to properly mount a good defense.
    Answer Applies to: Hawaii
    Replied: 8/31/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    This is a serious charge. Get a lawyer. There are many options available and not all prosecutors can be trusted to help you out. They are not on your side and many see you as just another notch on their belt.
    Answer Applies to: Washington
    Replied: 8/31/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Do not plead guilty to anything without first consulting with an attorney. An experienced DUI attorney is a valuable investment, if nothing else to review the case file for any errors that could get the charges reduced or dismissed. A lot is at stake including possible jail, probation, vehicle immobilization, license sanctions, fines, higher insurance premiums. By court supervision do you mean probation? That is common for first time offenders, but there are some counties and some judges known for assigning jail time even for the first time offenders. That's why a good DUI attorney is an essential investment. He will more than pay for himself.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    You definitely need to hire an attorney. The attorney can determine whether or not there is any legal defense to the charge. The attorney can also negotiate a plea bargain in the event that the prosecution can prove their case. This plea bargain should be able to avoid a conviction being entered upon your record. Your question uses language that would be more appropriate to an Illinois charge. We do not have "supervision" in Missouri. You also fail to mention anything about your driver's license. It is extremely apparent that you need to consult with and hire an attorney. I might be able to help you myself if you are not already represented. I have handled hundreds of DWI cases in the thirty-three years that I have been practicing law.
    Answer Applies to: Missouri
    Replied: 8/31/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    DUI cases are complicated. Your driver's license is affected, there is potential for criminal penalties including jail time and it can also affect employment and travel. Please contact an attorney to fully discuss your rights. You will be glad you did.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    I'm not clear what you mean by "court supervision," this usually applies to probation. If that is what you mean then all DUI's receive probation.
    Answer Applies to: California
    Replied: 8/31/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    1.1 is probably too high to get a wet reckless (usually .08 or .09 will get you one). I don't know what you mean by court supervision. You will get a huge fine - about $2000 - and have to go to DUI School - probably close to $2000. You will get court probation for 3 years which means you do not need to go see the probation dept on a regular basis BUT if you get in trouble they can revoke probation and give you time from the old DUI. You might try going to court by yourself the first time and ask the Public Defender or the DA what they will do to you on the first offense. If it is what I say it is, then no point in pissing away more money on a lawyer. This will be expensive enough.
    Answer Applies to: California
    Replied: 8/31/2011
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    You should probably speak to an experienced DUI Attorney as soon as possible. You face two legal actions against you. One with the DOL and the other is with the court system. An Attorney would be better able to discuss your options, and completely outline what you might expect.
    Answer Applies to: Washington
    Replied: 8/31/2011
    Jon M. Carter, Attorney at Law | Jon M. Carter
    I go to 14 courts in 6 counties. All of them handle DUI's in their own particular way. As a general rule, you will almost always get a better plea bargain if you have an attorney. In some small municipal courts, you can sometimes get by without one. But even there, particularly if the lawyer is a "local" your money is well spent to hire him/her. A Good lawyer will make certain you understand and carry out all of the State requirements for those who have DUI's. A Really good lawyer will help you get a "modified drivers license" so you can continue on driving through this problem. I always offer that option to my clients. Many lawyers never mention it. District Attorney (or "Court") supervision is usually part of most first time DUI plea bargains. If I knew - and was familiar with - the Specific County or municipal court you are in - I might be able to give more detailed advice. But as a general rule - you will get a better deal with a lawyer than without one. Because they know sentencing guidelines and how much discretion a particular prosecutor has in your case.
    Answer Applies to: Oklahoma
    Replied: 8/31/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    What is court supervision? I have only been in criminal law for 16 years, with 250 jury trials. Another lay person pretending to be a lawyer, because he (most attorney pretenders are male) does not have money to retain an attorney. Retain an attorney (not me) because I hate clients that know more than me, and let the experienced professional handle the case.
    Answer Applies to: Georgia
    Replied: 8/31/2011
    Law Office of Phillip M. Murphy, II
    Law Office of Phillip M. Murphy, II | Phillip Murphy
    You should contact an attorney. Typically, diversion is available for first time offenders. Also, there is the issue of your driver's license suspension. Not knowing more about your particular case, I'm reluctant to say more I'd be happy to talk with you though, if you have any other questions.
    Answer Applies to: Kansas
    Replied: 8/31/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    A lawyer will almost always get a better plea for you than you can on your own. You should at a minimum speak with an attorney. A lawyer who represents himself has a fool for a client. A law person is doing no better when he or she does the same thing.
    Answer Applies to: Massachusetts
    Replied: 8/31/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Sentences can vary wildly and those without counsel fare poorly.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    This is what you can expect if you plea guilty without an attorney PROBATION: 3-to-5 Years Informal Probation JAIL: Time served (the time you were in custody at the time of the arrest). COURT FINES: Minimum $390.00 fine to maximum of $1000.00Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. DUI SCHOOL : Attendance at First Offender Program (FOP) Required BAC = .153-month FOP.
    Answer Applies to: California
    Replied: 8/31/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    This is a common type of question. While there are many different approaches to answer such a question, I keep coming back to burden. The DA has the burden to prove the case against any defendant. The defendant does not have any burden. Now, individual defendants often personally know if they have run afoul of the law. They often want to throw themselves on the mercy of the court, working on the premise that this type of illegal action will never happen to them again. I ask them to slow down. The real long term harm is in having the criminal record. Such a record can follow you around for the rest of your life. Get an attorney to review the case. Why plead no contest, just because “you really know" you are guilty. My largest concern would be to have someone I care about plead no contest, only to discover (or never know) if the DA had the facts necessary for a conviction. Just the fact that the BAC did not register in the field is reason enough to hire competent legal counsel to review the case. Good luck.
    Answer Applies to: California
    Replied: 8/31/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    It is recommended given the numerous license and criminal consequences, along with some other collateral consequences, that you have an attorney on any DWI. You will most likely not get court supervision but rather probation supervision on a DWI conviction. In some jurisdictions with a .11 reading, the charge could be reduced to a careless driving.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    I have no idea what you are talking about when you say "court supervision." From your language I gather you have very little idea about what a DUI entails. My advice is contact a DUI specialist, who may be able to help you reduce the charge to reckless driving.
    Answer Applies to: California
    Replied: 8/31/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    A DUI conviction can be very problematic and costly. It is very important to hire an experienced DUI attorney. You may very well avoid a DUI conviction with your particular circumstances.
    Answer Applies to: Washington
    Replied: 8/31/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    Sorry to hear of your situation however, if you are a first time offender, were cooperative, and registered a BAC of 0.11 there is a chance that a DUI conviction may be avoidable, which is a very big deal. However, you must do things right from the outset. The first thing is you do need a lawyer. That is probably not good news but lawyers know the system and it is their job to work the case to where an offer better than DUI is possible. Simply asking the prosecutor for a reduction will not work in your favor. They don't hand out reductions like candy; they fight for their case and their cops. At the very least talk with a qualified DUI attorney as they can give you good guidance and make you aware of some of the consequences of a DUI charge (such as the DOL hearing and possible license suspension, how to avoid jail, and the alcohol evaluation quagmire.
    Answer Applies to: Washington
    Replied: 8/31/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    What you are addressing obliquely is called "Deferred Prosecution" in Washington. You can read the details of this program at the State of Washington Department of Licensing web site. There is a two-year treatment requirement and self-help requirement totalling five days a week to start out. You must obtain an alcohol evaluation that indicates you need treatment. Technically, you don't need a lawyer to go that route. The only actual benefit to you of completing a Deferred Prosecution is you escape jail time and the case is dismissed after five (5) years. The second benefit is substantial however because a DUI conviction is forever.
    Answer Applies to: Washington
    Replied: 8/31/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Here's the thing: a lawyer is not required for court. You can talk to the prosecutor, the judge, cross-examine witnesses, and call witnesses on your behalf, but just because you CAN do it yourself doesn't mean you SHOULD do it yourself. Law school is expensive and lawyers are expensive, but a lawyer probably knows more about the court system and the options available to you than you do. If I have a bad tooth, I've got pliers at home and the ability to pull that thing out . . . But I'd still rather go to a dentist.
    Answer Applies to: Alabama
    Replied: 8/31/2011
    My Advocate Group
    My Advocate Group | Robert Myers
    If you blew nothing at the scene and then .11 at the station, then you should use an attorney because you may not have been under the influence at the time that you were driving. I am not sure what you are referring to about court supervision but depending on the courtroom, they will explain to you what you will get if you plead guilty. DMV will suspend your license but the suspension is stayed (on hold) for 10 days and if you request a DMV hearing, then it is on hold until the DMV conducts the hearing and your are found in violation of the DMV rules. Again, with your facts, you might have a good case to win even the DMV hearings, which most people lose. Bottom line, if you have a good case, it is worth hiring an attorney to fight the case. Unfortunately for everyone, the attorney will not really know if you have a good case until they get the discovery from the DA which they can only get if you hire them. The public defender is the exception; you can wait until you go to court, plead not guilty and have the public defender fight your case. The downside to Public Defenders in DUI cases is that they cannot do the DMV hearing for you. Good luck.
    Answer Applies to: California
    Replied: 8/31/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Hire a qualified DUI attorney because a DUI conviction stays with you forever.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    No one should represent themself on a DUI. You need an attorney. The chances are good that you can avoid a DUI conviction. DO NOT PLEAD GUILTY.
    Answer Applies to: Washington
    Replied: 8/31/2011
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