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DWI first time offender, need advice

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CMBP

Junior Member
What is the name of your state? North Carolina

Over the weekend several friends and I went out. While at the bar, I noticed that our designated driver was being cut off (at the bar) and later was puking. While at the bar, I only had one drink, and few sips of others. WHen we left, I did not feel drunk and had had far less to drink than anyone else with us. Its imprtant to note that I am a girl, I am small, and I had not eaten in the past 3 hours. I am also not much of a drinker.
We got pulled over because one of the drunken passengers threw trash out the window right in front of the cop.
I blew a .13.
They were very nice to me while I was being arrested, but I have no idea what to do next. I know I need an attorney, but I was wondering what typical retainer fees are, and any other advice that anyone can offer wil be helpful.
 


seniorjudge

Senior Member
What is the name of your state? North Carolina

Over the weekend several friends and I went out. While at the bar, I noticed that our designated driver was being cut off (at the bar) and later was puking. While at the bar, I only had one drink, and few sips of others. WHen we left, I did not feel drunk and had had far less to drink than anyone else with us. Its imprtant to note that I am a girl, I am small, and I had not eaten in the past 3 hours. I am also not much of a drinker.
We got pulled over because one of the drunken passengers threw trash out the window right in front of the cop.
I blew a .13.
They were very nice to me while I was being arrested, but I have no idea what to do next. I know I need an attorney, but I was wondering what typical retainer fees are, and any other advice that anyone can offer wil be helpful.

Sex, prior meals, weight, etc. have nothing to do with blood alcohol content.

If you tested .13 and were able to sit in a car and operate it, then you are a seasoned drinker. You have an alcohol problem. Start going to AA and bring your sponsor to court.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

BigMistakeFl

Senior Member
BigMistakeFl

You must have had many sips to have achieved a BAC of 0.13%. Be that as it may, you can expect to pay several thousand dollars or more for a qualified DUI defense lawyer. That often takes a case up to the point of a jury trial, at which time many charge additional fees.
 

anneanne1

Junior Member
I would wait before deciding to pay thousands of dollars on a DUI attorney, it can often be a big waste of money. I posted a few days ago on how my case turned out, and I was the only one who came into the courtroom with a DUI case and I by far came out the best of anybody, and I too blew a 0.13. Minnesota does not offer any diversion programs, so the best you can hope is getting your case lowered to an alcohol-related reckless driving offense, but this will only most likely happen if you are 0.08 or 0.09...right on that level and if you think you can get off on a technicality. HOWEVER, if your state does offer such a program....you most likely will be offered this no matter what, with or without an attorney. You just have to be remorseful, yet assertive at the same time. I explained my case, and the steps I had already done to show that I was sorry for my actions, and that it won't happen again. I had already set up a victim's impact panel meeting, volunteered a ton in that month, and had taken an online alchol assessment for free. I didn't know if that assessment would work at all, but I asked the prosecutor, and he said that the fact I already did that showed I didn't need to get a court-ordered one or attend the alcohol classes. The other people who showed up on DUI convictions all ended up with $500 fines, $300 for an alcohol assessment, and about $300 for alcohol education classes...I only walked out with a $50 fine (my volunteering waived any other fine, $50 was the minimum mandatory fine in our state), and then we all got $250 in probation fees.

I would consult attorneys for the free consultations they always give, and keep in mind that they really do just want your money....DUI cases are the easiest money they'll earn. However, one out of the 5 I had talked actually told me that he thought it would really hard because I blew a 0.13 to get me out of anything. 2 of the other attorneys who showed up in court that day didn't even try to get their client's out of any of the charges....just tried to make sure the penalties weren't severe. And one person actually tried to get out of it after blowing a 0.14, and he ended up getting the highest fines.

It's up to you...I am just saying that a lot of people on these forums tried to scare me into getting an attorney at first, but I finally went there without one and was really nervous at first, but now I definitely realized I never needed one. You can also show up at your first court date, and if they don't offer you a diversion program (if your state offers one), or the prosecutor offers you something way too high as far as fines (or even jail goes....again, not likely you'll get this on your first time and as long as your record is clear), then you can come back the second time with an attorney and just say that you wish to plead not guilty at this point. You will have time and an opportunity then to seek legal help. I hope this helps...
 

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