Underage DWI with no Lawyer

[joncrank]

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

my friend who is 20 (underage) was pulled over and was asked if she had been drinking. she told the officer that she had two drinks several hours ago.

they wrote her a ticket for DWI and let someone come pick her up. They did not arrester her and they did not do a breath test or sobriety test. She is very broke and insists that she cannot afford a lawyer and i keep telling her that it would probably help alot if she did.

is it rediculas for her to go to court without a lawyer? is the outcome any differnt either way? could she fight this to where it could be dropped all together? it doesnt seem the prosecuting side has much of a case.

[IsabellaSoriano]

Originally Posted by joncrank

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

my friend who is 20 (underage) was pulled over and was asked if she had been drinking. she told the officer that she had two drinks several hours ago.

they wrote her a ticket for DWI and let someone come pick her up. They did not arrester her and they did not do a breath test or sobriety test. She is very broke and insists that she cannot afford a lawyer and i keep telling her that it would probably help alot if she did.

is it rediculas for her to go to court without a lawyer? is the outcome any differnt either way? could she fight this to where it could be dropped all together? it doesnt seem the prosecuting side has much of a case.

for a split second i thought you have a possesion charge AND a DWI charge. i was about to tell you that you are going to jail.


phew. if this is her first offense, getting a lawyer is more of a means to stay out of jail. being she is underage, she can look at losing her license for up to a year. i'm more of a "if this is your first offense a lawyer isn't REALLY needed" if you can learn how to negotiate and educate yourself. lawyers are for "oops, i did it again" type of thing. at least that's how i see it.

and tell her next time, don't drink until she is of legal age. and when she is of legal age, a cab is cheaper then a trip to jail.

[CavemanLawyer]

Since she is under 21 it is only DUI not DWI, meaning that she cannot be sentenced to jail time. She is looking at anything from up to a $500 fine, 40 hours of community service, a 60 day license suspension, and the requirement to attend an alcohol awareness class.

An attorney always helps but most people do represent themself on Class C offenses, even DUI. My suggestion is for her to go to the first court date and speak with the prosecutor and see what the offer is. If she is not willing to accept it, she can set it for trial and then hire an attorney while waiting for her trial date.

[garrula lingua]

Originally Posted by IsabellaSoriano

for a split second i thought you have a possesion charge AND a DWI charge. i was about to tell you that you are going to jail.


phew. if this is her first offense, getting a lawyer is more of a means to stay out of jail. being she is underage, she can look at losing her license for up to a year. i'm more of a "if this is your first offense a lawyer isn't REALLY needed" if you can learn how to negotiate and educate yourself. lawyers are for "oops, i did it again" type of thing. at least that's how i see it.

and tell her next time, don't drink until she is of legal age. and when she is of legal age, a cab is cheaper then a trip to jail.

er .... Isabella, your answer pertains to California law - where you live.
However, Texas' laws are very different.
Your answer is completely wrong.
Wrong info can be very damaging.