Should I have a public defender?

[tonyjfalcon1]

What is the name of your state (only U.S. law)? Arizona

I just got charged with my 1st DUI. Stopped for 41mph in a 30mph. Breath test was taken willingly, results not reported on admin per se affidavit or known to me. Voluntarily submitted to on the spot mobile blood test. Did not go to jail, was not handcuffed and was released as soon as a friend came to drive the car.

I have spoken to a lawyer about this and also a Police Officer and from what i gather i didn't blow an 0.08 and i don't see how i could have. (3 1/2 beers over period of 5 hours. last 1/2 beer with food approx. 2 hours before stop, 170 lbs, male, time of stop 11;40 am)

Anyway, i went to the arraignment today and they offered me a PD which I signed up for. Now I'm wondering if it's really worth it? Further more if it's not then can i still opt out of having a PD?

Any help would be greatly appreciated!!!

 

[CdwJava]

If you want to hire a private attorney, you are free to request a change of counsel through the court. Though, if you have the resources to pay for a private attorney I'm not sure how you qualified for appointed counsel ... unless there is no means test where you are.

Most DUI cases plead out. If you can afford a private attorney, great. In the end, the result may well be the same - the only difference may be how much you have to pay to get there.

 

[Zigner]

(3 1/2 beers over period of 5 hours. last 1/2 beer with food approx. 2 hours before stop, 170 lbs, male, time of stop 11;40 am)

You started drinking at 4:40 in the morning?

 

[Indiana Filer]

You started drinking at 4:40 in the morning?

It's possible that the Op works on a different schedule than a typical daytime job. I used to work overnights, and get off work at 7 am. My 7 am quitting time was the equivalent of someone else's 5 pm quitting time.

 

[Toryreilly]

What were the actual charges?

What a were the charges that should have been read to you when you went to court?

What is the name of your state (only U.S. law)? Arizona

I just got charged with my 1st DUI. Stopped for 41mph in a 30mph. Breath test was taken willingly, results not reported on admin per se affidavit or known to me. Voluntarily submitted to on the spot mobile blood test. Did not go to jail, was not handcuffed and was released as soon as a friend came to drive the car.

I have spoken to a lawyer about this and also a Police Officer and from what i gather i didn't blow an 0.08 and i don't see how i could have. (3 1/2 beers over period of 5 hours. last 1/2 beer with food approx. 2 hours before stop, 170 lbs, male, time of stop 11;40 am)

Anyway, i went to the arraignment today and they offered me a PD which I signed up for. Now I'm wondering if it's really worth it? Further more if it's not then can i still opt out of having a PD?

Any help would be greatly appreciated!!!

 

[HighwayMan]

what a were the charges that should have been read to you when you went to court?

huh?

......

 

[tonyjfalcon1]

Whoops!

Ok thanks people,

Sorry that should have read 11:40pm (i.e. started drinking at 4:30pm). Also forgot to mention that i most likely qualify for a PD (Also likely at little to no cost since i'm so far below the poverty line)

Anyway the charge is DUI. I was told by the Nolo lawyer i spoke to that the current charge would be 'Driver impairment' or something of the like which, (if the BAC results come back in my favour) would presumably rely on the FST's and observations of the arresting officer for a conviction. On the other hand if in the unlikely event that the BAC is 0.08% or higher then the charge of a 'per se DUI' will be added.

Keep in mind this is just what i was told and to the best of my recollection is true.

I'm just not entirely sure if i need a PD in the event that the BAC is below 0.08%.

The reason i don't believe it will be 0.08% or higher is if that were the case the arresting officer would have been obliged (as determined by the reading from the PBT) to take me in. That's what a Tucson Police Officer told me anyway.

I suppose it couldn't hurt to have a PD in either case (as long as it's cheap/free)...

BTW I'm a musician so i generally work 9pm to 2am but this gig was an early show (6pm to 9pm)