Blacked out drunk and got a DIP. How to use my friend as a witness to lower intent? Should we meet with the DA before arraign?

Asked almost 2 years ago - Manteca, CA

I have two DUI's and am on informal probation. This is going to be a violation. I would like to have an offer I can accept when it comes time for arraignment. What channels should I go through? Straight to the DA? Email him? I have a friend who's an experienced lawyer who I can have proofread my letter. My friend saw me leave but didn't know I was blacked out until he noticed I left all my stuff and definite signs that the lights were on but no one was home. The same thing happened when I got my 2nd DUI a year ago. I blacked out and woke up in the car on the side of the road and don't know how i got in the car. I'm gonna go to AA and get proof. Should I bring that to the arraignment? What do I do before my arraignment is my main problem. Thanks in advance.

Attorney answers (4)

  1. Gilberto Benito Vega

    Contributor Level 13


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . If your friend is an experienced lawyer, he should be telling you to contact a defense attorney as soon as possible to help mitigate any potential violations of your informal probation.

    No, you should not speak to the DA in this matter. The DA is not your lawyer and they will only use whatever you tell them to maximize your punishment, not minimize it. As for an offer, technically, the DA does not make "offers" in a probation violation case. They can recommend an appreciate punishment to the judge, but the judge is the one who decides what the appropriate punishment for violation should be.

    This should be illustrative of how important it is that you secure an experienced attorney as soon as possible. Should you speak to the DA, you may strengthen their case for a third DUI against you, which ha a minimum of 120 days in custody. Good luck.

  2. Kevin Samuel Sullivan


    Contributor Level 20


    Lawyers agree


    Answered . Hire a lawyer ASAP.

    Never talk to the Da as they will use your statements against you and then you will either lower or eliminate your bargaining power.

  3. Daniel Nelson Deasy

    Contributor Level 20


    Lawyers agree


    Answered . DO NOT TALK WITH THE DA!!

    Hire a criminal defense attorney to protect your rights!

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Charles K. Kenyon Jr.

    Contributor Level 19


    Lawyers agree


    Answered . If you have a probation agent, you need to report this to him/her. Do so after you consult your own attorney.

    You also need some sort of treatment. Drinking to blackout is problem behavior, as evidenced by your legal problems. You could have received another DUI for this.

    If any answer on AVVO helps you, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
    Thank you.

    --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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