Legal Question in DUI Law in California

Dui

My blood alcohol level results were ''.20''-Do I need a attorney, with me, when I appear in court? What if I plea guilty? I'm 22yrs old.


Asked on 4/23/09, 1:02 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Dui

Pleading guilty without legal assistance would be really dumb and could prevent you from getting a job, ever. There is also the DMV to be dealt with. Please feel free to call me and talk.

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Answered on 4/23/09, 1:06 pm
Terry A. Nelson Nelson & Lawless

Re: Dui

You were more than twice the legal limit of BA, which means 'enhanced' penalties. Plead guilty without negotiating a plea bargain and the court simply imposes whatever it wants as your sentence. If you're experienced in conducting court hearings and trials, negotiating with prosecutors hired to put you in jail, then go for it. Otherwise, if you are serious about getting legal representation, feel free to contact me.

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Answered on 4/23/09, 1:42 pm
Joshua Hale Hale Law Group

Re: Dui

I don't know that I would tell you that your plan is bad. I would not ever however tell you to do this without an attorney.

I generally tell client's that they are their own worst enemy in court, or dealing with police. This is why you need an attorney now.

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Answered on 4/23/09, 1:49 pm
Joe Dane Law Office of Joe Dane

Re: Dui

I'm sure you've figured out from the other responses that representing yourself in any criminal matter isn't the best of ideas.

You may have legal defenses to the charge or the .20 blood alcohol enhancement which can impact your sentence.

Every case is different, but even a "clear" DUI case with a blood alcohol of .20 can be won or reduced, depending on the facts. You can take your lumps and guarantee a conviction by pleading guilty or you can put up a fight.

And - the same issues about the legality of the stop, the accuracy of the blood alcohol level, etc. apply at the DMV hearing. You only have 10 days to request a DMV hearing or your license WILL be suspended.

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Answered on 4/23/09, 9:12 pm


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