Legal Question in DUI Law in Virginia

The other night I was stopped for DWI. I passed all tests on the road...then the breathalizer I believe was under .08. He gave me a chance to have someone come get me but I had noone so he arrested me and had car towed. I only had 1 vodka and then a large reg sprite which the bartender can verify. I had to be bonded out. Passenger got arrested waiting for tow truck....DIP..was not given breathalizer until he reached jail. My DL was taken until court on the 9th of Sept. I cant afford a lawyer and I know the state one will not work for me since he works for state. This is my first offense if you can call it one. Whats going to happen to me? Any advice...I am a single mother living with my 78 yo mom who cant take care of my child and need my DL to work to get money to pay for my child who is special needs....What do I say to judge? Whats going to happen to me?


Asked on 9/04/09, 4:41 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

You should have an attorney representing you in this criminal matter(Class 1 misdemeanor ).

Since this is a jailable offense, you should be able to ask for a court-appointed attorney if you cannot afford to hire one. However, even if your income disqualifies you for such an appointed one, VaLegalAid.org may be able to point you in the direction of a low cost legal services provider in your area who may be able to assist you.

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Answered on 9/09/09, 4:59 pm
sheryl shane sheryl shane, attorney at law

You may qualify for a public defender or court appointed attorney. These people will do

what they can to assist you with a proper defense. Otherwise, you may want to check out some of the Bar Sites to determine if someone may handle your case at a lower fee. There is

much new case law being argued to help defendants with dwi and dui.

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Answered on 9/15/09, 12:02 pm


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