It never hurts to have a good attorney when you are charged with a crime punishable by a jail sentence. For the first offense DUI it is however a question of whether the cost is warranted by what if anything can be done other than to plead guilty and receive the minimal sentence. At the very least your sister should have an attorney review the police report and see if there are any potential defenses or if a lesser charge could be negotiated.

Answer Applies to: California
Replied: 9/22/2011

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It is highly recommended that she hire an attorney. Although not as serious as a felony murder...it is still a serious offense that can have serious consequences including jail time. A good DUI attorney can help mitigate consequences, and potentially get the DUI charges dismissed and/or reduced to a lesser offense.

Answer Applies to: California
Replied: 9/21/2011

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Some people are tempted to say 'it is just a first DUI, a fine and some classes but no big deal.' Do not fall into that trap because a first DUI turns into a second and in many cases a third. There are minimum jail sentences for DUI's. Sentences become more harsh with each new case. Your sister should definitely contact a criminal defense lawyer to discuss this case.

Answer Applies to: California
Replied: 9/20/2011

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Generally yes. A DUI is a serious charge that stays on your record for 10 years and causes insurance rates to skyrocket. If there are weaknesses in the case, an attorney will find them. It might be reduced to a lesser charge. A lot depends on the blood alcohol level which you did not tell us.

Answer Applies to: California
Replied: 9/20/2011

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Absolutely! Your sister needs a competent criminal defense attorney to handle her case, even though this is her first criminal offense / DUI.

Answer Applies to: California
Replied: 9/20/2011

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There is no requirement that you get an attorney for any misdemenaor charge. If she has no defense she is sure she has no defense because she is familiar with search and seizure law and how the intoxylizer works, she can likely just ask the judge what the punishment will be. If it seems OK with her, and she understands she will now be on probation, have to take classes, pay high fines, and have a criminal record, then it is completely up to her.

Answer Applies to: California
Replied: 9/20/2011

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As with all criminal cases DUI cases vary greatly depending on the facts. With an attorney she will get a better outcome for the case than she would without one. How much of a difference again depends on the facts. Your sister should at the very least consult with an attorney to see how much help he can be.

Answer Applies to: California
Replied: 9/20/2011

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Many attorneys offer a free consultation for DUI cases. Your sister should have a consultation to make sure her rights in the court and with the DMV are fully protected.

Answer Applies to: California
Replied: 9/20/2011

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Strongly recommend that she talk to an attorney about the circumstances., the BAC and potential impacts.

Answer Applies to: California
Replied: 9/20/2011

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If her BA was reasonably close to the number where you are drunk; ie limit in CA is .08 and she had a 1.2 - no she doesn't need an attorney. The DA will tell her the deal before she pleads. However if it is much higher then she needs an attorney.

Answer Applies to: California
Replied: 9/20/2011

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If her blood alcohol level is over a .10, and there are no legal issues involving the stop, she could probably handle it on her own. You don't say how old your sister is, but if she is under 21, she could lose her license as well for one year so you may want to at least talk to an attorney first.

Answer Applies to: California
Replied: 9/20/2011

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No, she does not NEED an attorney, but she could sure use one. Most defendants have every right to represent themselves in court. However, without a law background, they will never know if the DA has the right to do what they are trying to accomplish. Knowing what I know about the law, and the system, I would never let a family member go to court alone.

Answer Applies to: California
Replied: 9/20/2011

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In any criminal case, including DUI, she should have an attorney. She's got two battles - first with the DMV. They will automatically suspend her license unless she requests a hearing to challenge the suspension. Doing that hearing will also get her attorney inside information about the case even before it goes to court so they can potentially set up for a motion to suppress the evidence if the stop or procedure was illegal. Her attorney can also appear in court on her behalf without her having to go. They can then either explore legal avenues to fight the charge and/or negotiate on her behalf. It's worth it to at least consult with a couple local criminal defense attorneys to discuss the situation. Most offer consultations at no cost.

Answer Applies to: California
Replied: 9/20/2011

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If she just wants to plead guilty to a DUI, then no, she does not need an attorney. Don't get tricked by attorneys who promise a low fee and do nothing but help you plead guilty. If, on the other hand, you would like to explore alternatives to pleading guilty, then you should look into hiring a DUI specialist who will personally represent your sister for a reasonable fee. Remember that she has only 10 days to request a DMV hearing or lose her license by default.

Answer Applies to: California
Replied: 9/20/2011

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This questions is not an easy question to answer. So let me give you pro's vs. cons. An attorney can possibly help mitigate charges by looking for weaknesses in the case. Now remember attorneys have gone to law school and have learned these traits over a number of years where as your sister does not know. Also, your sister may have to schedule a DMV hearing depending on her Blood Alcohol Level. Also, an attorney can look to see if the blood alcohol was rising or dropping. Attorneys do know about that law of DUIs especially the ones like myself who practice DUI defense. Even if your sister knows she is guilty, that doesn't mean an attorney can't help you in your case.

Answer Applies to: California
Replied: 9/20/2011

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Yes. See why: Because this is a misdemeanor, criminal courts treat these very seriously and one cannot represent oneself. If you think you can get a Public Defender, consider this: if you have a job or assets, you legally do not qualify. If you apply for a Public Defender, you will have to apply and swear under oath. If you do meet the financial eligibility criteria for a public defender for the Criminal Court side of your DUI case: (a)public defenders do not handle DMV license suspension actions; and (b)your court appointed attorney will not be available to discuss your DUI case with you until they have been officially appointed by the Judge no sooner than the date of your first court appearance, or arraignment. Being that the 10 day grace period for requesting a DMV Licensing Hearing would have already lapsed, it is strongly recommended that you retain a qualified and provena San Diego DUI Attorney Specialistto represent your quasi-civil, administrative matter with the Department of Motor Vehicles. You can only apply for a "public defender" if you show you are unemployed & have no assets. If you have no job or assets, you can't choose which attorney from the Public Defender's office you'll get. If you have no job or assets, your case will be assigned to an attorney. You may get an excellent one or one that is less than stellar. Like private attorneys, there are good and bad ones, but if you are assigned to a bad one, it's difficult to switch unless you subsequently hire private counsel. Public Defenders are notoriously overworked. While there are the good aspects I mentioned above, but their caseload doesn't allow them the luxury to spend any significant amount of time with any one client. It's not their fault - just a reality of too many cases and not enough time. Private attorneys will be able to spend more time discussing your case, the options and strategy with you. Attorneys from the public defender's office start with low-level offenses (such as misdemeanor DUI cases) and work their way up. If you have no job or assets, your case may not be assigned to an attorney with very much experience (as far as number of years practicing law). Depending on the court and the number of public defenders, if you have no job or assets, you will usually get assigned based upon which attorney is "next in line". Another problem with a public defender is assigned all types of case by the court. This does not allow the public defender to really focus on one area of law and they have to be more versed in all areas.I amfortunate to only represent individuals charged with DUI; therefore,I can concentrate on one particular practice area. Hopefully you will have the opportunity to gather enough funds to contact a private attorney in your area that focuses on representing individuals charged with DUI.

Answer Applies to: California
Replied: 9/20/2011

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Yes. An attorney is always a good idea for any misdemeanor or felony charges. However, she may not have to hire a private attorney. She can elect for the public defender if she does not make enough money for a private attorney.

Answer Applies to: California
Replied: 9/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.