First DUI... help

[Xmas-in-Slammer]

What is the name of your state? Indiana

Thursday night (December 7th @ 2:48am) I was pulled over, a half mile away from a night club by University Police. I was given a few field tests, then taken to a campus security center, given a breathalyzer test (blew 1.2) failed and cuffed - then given over to city police. Waited in a cell for 6 or so hours, went to court the next day. I was released on condition to report to alcohol rehab, on no Bond.

The paperwork I received states I ran a stop sign and had my headlights off (this would be coming from the parking lot of the nightclub. However, I was not cited for either of these traffic offenses, also an empty beer beverage container was found in the vehicle- also no citation.

I have already decided to get a lawyer - but I had a few questions I was hoping some people here could help with...

I was charged with a class A misdemeanor: DUI Endangering a person, instead of a lesser class C type DUI, the maximums and mandatories are stricter as are fines ect. Hopefully with a lawyer I can plea to the lesser offense - is this possible?

Why was I given the more strict charge, no one else was in the car with me, beside myself who was endangered? (I realize by driving I was endangering others, but in this sense every dui would be endangering)

How much can I expect to pay for a lawyer If I do not intend to go to trial?
I was hoping $1000 – 1500 would be enough but I want to get experienced consul.

Is there any way to get a “hardship” type license limited by curfew instead of streets, distance ect?
I need to do sales as a part of my job/business.

Will this ever come off my record, would I need to files to have it expunged? Or what?
Anything I can do to keep it from coming out in the local papers?

Can I still visit family this Xmas? I was told my next court date would be in a week If I didn’t seek counsel to contact the courts,( the trail date was set forApril), my license was taken but I was given a receipt for driving (30 days) however, I believe the judge told me not to drive. May I use the receipt now- until the license is officially suspended by DMV, what’s this 10 days deal from DMV? What do I need to do in this time?

Thanks for all your help. I don’t want to spend Christmas in jail…What is the name of your state?

 

[SillyPuddy]

Heelo XSL

First of all, most state have a first time offenders program. You'll have to go through alchohol school. As far a the class A classifiation of your offense, was there someone in your car?

NOTE: THIS IS NOT LEGAL ADVISE. In my state, when you get hung up for a DUI you get issued a temporary certificate allowing you to drive for 30 days before your suspension. I have no way of knowing if this is the same thing you received or not.

The 10 days deal is the amount of time you have to file for a review of the administrative suspension ran by the DMV. They check the validity of the procedure used to arrest you and the valiation of the equipment used to obtain your breath reading.

This will most likely stay on your record for life. However, I'm a convicted DUI offender and I've never had problem with this being on my record. Most that I talk to about this say that there are many people who have these convictions. If you complete you alchohol school and probation successfully, there may a chance the DUI will get dropped off your record it depends on your state law.

Keep your nose clean and end up ok.

 

[Xmas-in-Slammer]

Thanks...

Thanks for the reply, and optimism silly puddy.

To answer the questions, no I didn’t have anyone else in the car w/ me - so I am assuming the endangered person is either myself, or other drivers in the road, however , while I was close to a nightclub there wasn’t many people around at this time, (~3:00am ) and very few on the on roads (save the cops waiting outside the bar to catch dui’s).

I did get a receipt when my license was taken; it states I have a 30 days to drive on it, until my license is suspended in court, or by DMV. I think the judge told me not to drive (too nervous to remember) but I don’t think my license was officially suspended in the court - and haven’t received any papers in the mail.

What can I expect to pay for a decent lawyer? I have heard numbers from $500 – 15K. I initially asked the judge, and swore oath that I was too indigent to pay – but when the judge inquired into why – my response of “too much debt” wasn’t suffice – the judge actually said he “had debt also, who doesn’t”, so I recanted and said I could probably come up with the money - however anything above 2K+ will be beyond my means, and I would go back to court and ask again for a public defendant.

Anyone know good questions to ask a lawyer before hiring? I’ am trying to make a list to use for those that have offered free phone consultation…

One last question, will I be allowed to leave the state during all this?

Thanks

 

[Xmas-in-Slammer]

Dont Hire A Lawyer - First Offense

I'm just letting everyone know how my experience, went - as a first time offender for DUI, there is absolutely no reason to hire a lawyer!

I paid $1000 to a lawyer, who got me the same plea agreement I would have got by talking with the prosecotor myself (which I did before hand, and regret not taking) - although he got it reduced from a class A to a class C - the results were the same in terms of penalties.

Check into your states maximum and minimum suspensions, probation time ect.

Big Waste of Money!

 

[K24K]

I'm just letting everyone know how my experience, went - as a first time offender for DUI, there is absolutely no reason to hire a lawyer!

I paid $1000 to a lawyer, who got me the same plea agreement I would have got by talking with the prosecotor myself (which I did before hand, and regret not taking) - although he got it reduced from a class A to a class C - the results were the same in terms of penalties.

Check into your states maximum and minimum suspensions, probation time ect.

Big Waste of Money!

I think this SHOULD Be a sticky in here: IF YOU TOOK BREATHALYZER NEVER HIRE A LAWYER, ITS A WAIST OF MONEY. I heard so many stories where people get ripped off anywhere from $1k to $5k !!!!! A LAWYER CAN ONLY HELP IF YOU DID NOT TAKE BREATHALYZER AND PREFERABLY DID NOT DO PHYSICAL TESTS TOO ! IF YOU CANNOT TALK AND/OR NERVOUS IN COURT ROOM JUST GET THE COURT APPOINTED LAWYER.

 

[Ohiogal]

I think this SHOULD Be a sticky in here: IF YOU TOOK BREATHALYZER NEVER HIRE A LAWYER, ITS A WAIST OF MONEY. I heard so many stories where people get ripped off anywhere from $1k to $5k !!!!! A LAWYER CAN ONLY HELP IF YOU DID NOT TAKE BREATHALYZER AND PREFERABLY DID NOT DO PHYSICAL TESTS TOO ! IF YOU CANNOT TALK AND/OR NERVOUS IN COURT ROOM JUST GET THE COURT APPOINTED LAWYER.

Okay first of all you are shouting. Second, the word is "waste" not "waist". Third, court appointed attorneys are only appointed to the indigent. Not to anyone and everyone.

 

[FlyingRon]

Most lawyers will explain what they can or can't do for you for free or for a very small consulatation fee. However, you've got a number of things to worry about: the DMV administrative suspension, the court case, application for diversion, etc... If your are savvy maybe you can do as well by your self, but if were really savvy you wouldn't have been caught DUI.