Hello everyone! DUI .21 Irvine, CA

[randominfo]

Hello everyone! I was arrested a few months ago in Irvine, CA (Orange County, outside of the police department) with a DUI. I did two field tests with two different officers. Also did the breathalyzer twice but after seeing the numbers I asked to do a blood sample instead. So I went with the blood sample and weeks later I checked and it was a .21.

Ouch!

Anyway, first time offender here. Was pulled over for a brake light out, boo. I spent 12 hours in jail, which I might add was horrible. It taught me to never drink and drive again. I have three friends that had gotten DUI's for .20, .21 and .14. Both .20 and .21 used a lawyer and both received the same sentences (9 months school, license suspension and 3 years probation). The .14 did not use a lawyer and received the same sentence but with less schooling.

Now my question lies here, is it necessary for me to get a lawyer? When it seems that there are set standards that must be given for a first time offender in the .20 range? I can deal with the suspension, probation, fines, and schooling. I just don't want to have to spend anymore nights in that timeless, super-cold place that they call jail.

Thanks!

 

[startedone]

Nobody is going to say that getting a lawyer is going to hurt your outcome. So, do you need a lawyer? Maybe not ... go and talk to the DA and ask for the same outcome prior to your trial starting-you may get the same w/o a lawyer. If the DA says no, then you can ask for a lawyer prior to pleading and ask for a continuance.

 

[ERAUPIKE]

Hello everyone! I was arrested a few months ago in Irvine, CA (Orange County, outside of the police department) with a DUI. I did two field tests with two different officers. Also did the breathalyzer twice but after seeing the numbers I asked to do a blood sample instead. So I went with the blood sample and weeks later I checked and it was a .21.

Ouch!

Anyway, first time offender here. Was pulled over for a brake light out, boo. I spent 12 hours in jail, which I might add was horrible. It taught me to never drink and drive again. I have three friends that had gotten DUI's for .20, .21 and .14. Both .20 and .21 used a lawyer and both received the same sentences (9 months school, license suspension and 3 years probation). The .14 did not use a lawyer and received the same sentence but with less schooling.

Now my question lies here, is it necessary for me to get a lawyer? When it seems that there are set standards that must be given for a first time offender in the .20 range? I can deal with the suspension, probation, fines, and schooling. I just don't want to have to spend anymore nights in that timeless, super-cold place that they call jail.

Thanks!

Your misconception is that an attorney only has one job, to get you the best possible outcome. Your attorney will be someone that is specially trained in the procedures and regulations that lead up to, occur during, and follow your trial. He will be able to answer any questions you may have about the processes, that will be completely foreign to you, that determine whether or not you remain free.

There is a reason you have a right to an attorney, you need one.

 

[betachains]

Your misconception is that an attorney only has one job, to get you the best possible outcome. Your attorney will be someone that is specially trained in the procedures and regulations that lead up to, occur during, and follow your trial. He will be able to answer any questions you may have about the processes, that will be completely foreign to you, that determine whether or not you remain free.

There is a reason you have a right to an attorney, you need one.

It is a good idea to have the services of an attorney. Unfortunately, the going rate for a DUI defense in southern CA is $5000. From the OP's post, he will almost certainly be convicted/plead to an aggravated DUI. The penalties are standard, and applied whether the offender has an attorney or not. So, does the OP want to spend $5000 to handle his paperwork? He is not going back to jail, unless he violates the probation orders.

DUI cases are now the bread and butter of single-proprietor lawyers, but at an hourly rate of $300/hour it would take 17 hours to get to $5000. Very few DUI cases take 17 hours, and most of the DUI lawyer's visits to the courthouse combine several cases. 85%+ of all DUI charges end up in conviction/guilty pleas for the original charges, and a lot of the others end up being wet-reckless. This is basically a cash-cow for lawyers offering false hope to middle-class first-time DUI offenders who would save a lot of money just by pleading guilty immediately.

 

[ERAUPIKE]

It is a good idea to have the services of an attorney. Unfortunately, the going rate for a DUI defense in southern CA is $5000. From the OP's post, he will almost certainly be convicted/plead to an aggravated DUI. The penalties are standard, and applied whether the offender has an attorney or not. So, does the OP want to spend $5000 to handle his paperwork? He is not going back to jail, unless he violates the probation orders.

DUI cases are now the bread and butter of single-proprietor lawyers, but at an hourly rate of $300/hour it would take 17 hours to get to $5000. Very few DUI cases take 17 hours, and most of the DUI lawyer's visits to the courthouse combine several cases. 85%+ of all DUI charges end up in conviction/guilty pleas for the original charges, and a lot of the others end up being wet-reckless. This is basically a cash-cow for lawyers offering false hope to middle-class first-time DUI offenders who would save a lot of money just by pleading guilty immediately.

Of course you can cite a source for all your staticitics and generalizations, right.

 

[CdwJava]

A couple of things ... one, the DA is unlikely to speak ith an unrepresented client directly, so talking to the DA is not likely to happen. And, if it does, it may not be in your best interest.

Two, if you cannot afford an attorney, the court will appoint one for you. He won't be specially trained for DUI defense, but if you do not intend to go to trial, you will not need that sort of attorney. And as weas stated, some 85% or so of DUIs plead out. These cases are vulnerable at two points: The stop, and the probable cause. If the attorney can get the stop tossed, then they win. If they lose the stop (and they usually do) then the next point of attack is the arrest. This WILL take those 17 hours - and then some - and the attorney WILL earn more than his $5,000 retainer. Out here, a DUI attorney might cost a low end of $5,000 not counting trial. I know of many cases that have tripled that amount and never made it to trial (only motions and the like).

Your DUI is an aggravated one. That s why the penalties will be higher for you. That high of a BAC has a built in greater penalty.

 

[betachains]

It is common (in my limited experience) for the lawyer to charge a fixed fee for handling a DUI charge short of a trial. I agree that $5000 is on the low end. I disagree that most DUI's require 17 hours of work by the attorney.

In the OP's case, he had a blown light (reasonable suspicion for stop), probable cause for arrest (PAS not specified by OP, but implied to be high), and a blood test showing 0.21. Most DUI cases are similarly straightforward.

Unless something got screwed up big-time along the way, he is almost certainly going to plea to an aggravated DUI. Of course, his attorney can spend many hours filing motions, and attending the DMV hearing, etc., but the outcome is going to be the same.